The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-12

me Omcerd, ana the crews oil he TWO squauto!s'
Tho duty of all persons ON boa the cruisers OF the
Two nations, while upholding their MUTUAL indie
pendence, will therefore be, constantly to and each
other in the execution OF their respective orders and
10 communicate to each other every Information
which may tend TO further the measures adopted an
all that relates to The suppression OF the s.ave-trade
With regard merchant vessels and cruisers bear
ing the flags of other nations, whose government
have successfully concluded with France conven-
tons founded upon the principle oil the right OF
search, and Eonformabe to the treaties OF 1851 ana
1889 no change has taken place in the state OF things
regulated by those acts; and you Will have to carry
into execution, with regard to them the general IN.
structions already issued by my department need
only here remind you, that those countries are Sar-
dina, Tuscany, the Two Sices, Sweden, Denmark,
and the Hanse Towns. II now becomes my duty
TO call your attention to article of the new oonven-
ton.
That article calls attention TO fact well known to
all the officers who have been employed during the
last thirty years in the suppression OF the slave
trade.
An the vessels which engage in that traffic are
furnished with arms, such az swords, guns, pistols;
and some even have on board small cannons or
swiveir. This precaution is Indispensable TO them,
II it merely for maintaining in obedience, with
small crew, several hundreds Of negroes violently
carried OF from their families and native land.
Bat ii frequently happens that the commanders
and Crews of slave vessels make use of their arms
for another, and no less criminal purpose, by COM
hitting acts of depreciation and robbery either upon
one another, or upon the inhabitants of the coast or
the Europeans who resort to ii. This is proved by
the instructions given to your predecessors, and es-
pecially by those given by the governor of Senegal,
on the 18th of July, lS4l, to the officers employed
on the African station.
1t is also well-knoWn fact, that almost all slave
vessels have on board double sets Of popers-pa-
pers apparently issued by several governments
false muster-rolls which enable them to assume
the appearance belonging to one nation Or to an
other, as they may find occasion.
II Is generally at st. Thomas and in the island OF
Cuba that these false are fabricated; and they
contain countereits of the printed forms and auto
graph signatures of the different authorities Of
each maritime nation, more or less skllfully exc
cuted.
You are acquainted with the provisions of the law
Of the 18th Of April, 1895, against piracy. You
know that this law considers, pirates, not only
the crews of armed vessels who commit acts of dep
relation, but also those who sail without ships pa
pers; or either with papers which are not sufficient
to prove the regularity oftheir voyage, with COM
missions issued by several different powers states
the word commission being here understood not only
of letters of marque in time of war; but Of papers de-
ivercd 10 merchant vessels in time of peace.s
In So doing, the law of 1895 has only restated
and confirmed the principles already received, the
doctrine which forms the foundation of our mari
time legislation of the ordinance of 1851 the ordi-
nance Of 1851, recognised an authority all over
Europe,f that of l7l8, and of the decree Of the
cd Prairial, year 2; and these principles have
always been applied by our tribunals, as well to
French vessels to foreign vessels, without having
given rise to any complaint
You know, likewise, that in case of suspicion OF
pracy, tho law Of nations, recognised by all civil
ized nations, authorizes any ship of war, to what
ever power she may belong to detain the suspected
vessel, whatever may be the flag that she bears;
|
dciion which has the right Of deciding upon the va
ldny Of the capture and the prosecution Of the
crime.
Whenever, therefore, vessel shall be pointed
out to you as suspected Of acts which our legisla-
ton considers piracy according to the law of ma
tons lin contradstincton to those which our law
merely assimilates to piracy, and which are such
only according to our national iaw;) you are au-
thorizcd to detain the vessel in order TO ascertain
whether the suspicion is well-founded.
AS the exercise of this right may, nevertheless,
give occasion to abuses, if not restrained within
proper limits, by the good feeling and discretion of
the officers who invested with II, you will not
forget that in any such case, the causes of suspicion
ought to be real and grave; that the verifcation OF
the national character Of vessels and of the regular
ty Of their papers, If necessary to be resorted to,
should be limited 70 the measures strictly requisite
for accomplishing that object; and that any deten-
ton effected without due cause, and with display
of force and proceedings not justified by the cirm-
stances would be on your part reprehensible act,
and would give rise to we-founded complaint
The law ofthe 18th April, 1926, does not view as
an act of piracy the fact of vessels hosting
flag which she is not entitled to bear; it is never
theless an act contrary TO the law Of nations--a
fraudulent act, which, if tolerated, would render it
impossible to exercise any police the sea, any
observation of merchant vessels by ships Of war,
such il is the duty of cruiser to exercise
vessels Of her own nation II, in order to ca-
-
vigilance, It were only necessary that she should
hoist the flag of another nation if this fact alone
were to render her inviolable, even when you were
certain of her being French-that she was carrying
the save-tradc, and that the flag which she bore
was usurped-cvery cruising station would become
useless you could neither rcpress prohibited, nor
protect lawful, commerce.
Whenever, therefore, you may have reason to
suspect any fraud Of this nature you at liberty
to verify the national character Of the suspected
sell If your suspicious should turn out 10 be well
founded if the suspected vessel prove to be either
French, or one subject to your observation, in vr-
tue Of treaties actually in FORGET and if such vessel
be actually engaged in the slave trade, you will not
hesitate to deain her. No nation can be entitled to
claim for its flag the right of protecting crime, and
of withdrawing criminals Of other nations from the
punishment which is their due. If on the contrary,
your suspicious should be groundless; f-thc sus-
pected vessel belongs bona fde to the nation whose
flag she bears, you will not hesitate to release her
Immediately; giving, however, notice Of the fact to
those cruisers who have the right to detan her.
In these operations, you will never lose sight OF
the fact that you are acting at your own risk and
peril; and that IT, through any act Of yours, the
pected vessel should sustain any damages, she will
be entitled to indcmnifcation. In dealing with her,
therefore, you cannot act with too much circumspcc-
ton. Signed by the Minister of Marine.
Repor, tho Chamber of Peers upon the law of the 18th