Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-03-29
HANGING MEN AS PIRATES. 30.
TO THE EDITORS.

TO THE EDITORS.
GENTLEMEN Allow me To make few remarks
upon single and rather incidental point, involved
in the discussion of our relations with Mexico, in
your paper of this date. paragraph in the letter
Of Mr.. CUSHING, which forms part of that discus
sion, 10 follows
apprehension has been excited by the suggestion that
Mexico, in of against the United States might sell
letters of marque foreigners enabling them cruise against
our commercial marine. What foreigners Englishmen
French, Spanards Portuguese II the subjects of any for
egn Powers undertake to cruise against under the Mexi
can flag, without the permission Of their Government,
will be right and duty to treat all such persons
outlaws and pirates; and they cannot do with permission
of their Government unless that Government itself intends
and desires with the United States And perfect
confident that neither England France, Spain
Portugal, intends desires to make behalf
: of Mexico"
When that learned Doctor Of Laws, Gen. ANDREW
JACKSON had poor Ambrster's sentence by the Court
Martial arbitrarily revoked, and man shot who
had been only condemned to fifty lashes and a
years hard labor, he pronounced him, in his SEN
tence an outlaw and ga pirate'--though that pira-
cy consisted, according to the proofs, in living upon
land. Now, whether the good, mild, merciiul com.
mander-judge had read or heard that pirate was
!" enemy of the human race" was sea-robber; or
whether he went upon his famous martial law; or
whether again he resorted to his own favorite and
fatal Interpretation Of the celebrated second Sec
ton - or whether, lastly, he thought when reasons
for hanging man were scarce, the best way was
to call him pirate, we know not we only know
that this summary way of serving out national law
looks marvellously like his system Of jurisprudence.
The plan of Mr.. CUSHING is not first by him pro-
pounded it has been of repeated enuncation in
Congress, and by the pro- Texas press, towards the
close Of this discussion. To silence the argument
that if Mexico could not hurt by land, she could
damage us seriously at sea, by issuing indiscrimi-
nate letters of marque, they answeredat once "hen
we will hang all the crews as pirates.'
In the first place. not to speak as yet Of law, they
overlooked, in this plan, one fact somewhat noto-
rious--that, proverbiay, |" catching comes before
hanging and, secondly, they omitted to consider
that at this humane game Of hanging, as at most
others, /" two can play
Suppose-as you must suppose-that these
cruisers, adopted under the Mexican flag from all
nations, capture great many more of our unarmed
merchantmen than our vessels Of war can catch of
the cruisers them when hanging begins, they will
be able to hang good deal faster than we In a
word, when we declare then, pirates, they will de-
clare as pirates and the effect will be neither to
dering the war more inhuman, to make it more ia
tai to in lives well property.
As to law, however, what is proposed Is there
such law in existence None, unless posterior to
the last of our own naval wars, when we ourselves
privateers and issued letters of
marque.
Is, then, the thing to be by Congress enacted, or
by the President to be put in force martial law,
d la Jackson, (for the President is commander-in-
chief of the army and navy,) or to be executed by
the commander of every ship of war, as admiralty
Judge upon his own deck /!
Atrocious as the two latter modes of proceeding
would be, they would be just as legitimate as any
act of Congress for such bloody purpose. 1t could
not confer admiralty powers upon commanders Of
vessels. The prisoners made would have to be
brought in for trial, arragned before tribunals,
and tried under real law--not one which Congress
has no right to pass. The courts would examine
the accused if they found that they of a
sci constituted, in form, that Of nation at with
us, and that the men had each upon him the proof
that he was citizen, native or adopted of Mexico,
how could the court sentence him as pirate
In word, such an act Of Congress could not, in
our own tribunals, subvert all the code Of maritime
and of national law No judge could pay the slight
est attention to an arbitrary attempt to make murder
legal-an attempt, in reality, to render judges
pirates not the Mexicans, whom we cannot make
SO at our pleasure.
Nothing is simpler than the whole process on the
part of Mexico. Should she disappont our conf
dence in her forbearance she will give the regular
commission of Mexican vessel to any foreign pri-
vateer that enters her service. It. its officers, and
crew will all be constituted Mexican, and supplied
with the proof that they so. Each sailor, if for
eigner, will receive, when shipped, naturalization
papers. How, then, is he to be touched Has not
iUbt M nba ,,la met
much as ourselves Is she bound by our naturali-
cation laws, which do not bind ourseiUes? We
make &c tempore citizens for party purposes can
not she make them for national We admit all
living in Texas, at dash why not she all Europe!
In this she has perfect right to take her mode
and time, if nations have any right at all to adopt
citizens men of another country; and we, at least
are in no position to contest such a claim.
WAsarSeToS, MAncH 30, 1S45. A CIVILIAN.
WaLcorT's IMPROVED M,cHtSE ron MAKING SnrSsLEs.