The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-02

Mexican Letters OF Marquo and Piracy.
Il is pretty correctly ascertained (although not
efncialy) that the Mexican government has is
sued some three hundred letters Of marque, with
naturalization papers attached, and sent them to
Havans to be distributed among reckless foreign
ers, to induce them to pirate on the commerce of
tse United States. We do not apprehend, how
ever, that our commercial community need feel
alarmed, because for many reasons it is impossi
BILE that Mexico can do us any injury in that way
She may show her teeth as much as she p eases,
but she cannot bite.
In the frst place, by the law Of nations, COM
mission is essential to characterize a privateer,
and to distinguish it from pirats and it becomes
equally necessary that the commission should
be issued to persons who, by the law of
nations, are capable of acting in the SER
vice of the power that grants it, and
that the power who grants the commission
should possess the ability by the laws ofnations to
issue il. fdue authority is wanting on the part
ofthe grantor 10 give, or the grantee TO receive,
the parties who make captures or seizures Of pro-
perty. on the ocean, held by the laws of ma
tons to be pirates, and liable to suffer death if
captured.
Mexico undoubtedly possesses the power to
grant commissions but we question the right OF
parties in Havana, or any other part of the West
Indies, TO receive such commissions, unless they
desire to run the risk Of being treated as pirates
ifcaptured.
Bv the twenty-ourth article ofthe treaty enter
ed into between the United States and the 60
vsrnment of Central America, it is declared
that whenever one of the contracting parties
shal be engaged in war with another State, no citi
zen of the other contracting party shall accept
commission, or letter Of marque, for the purpose
OF assisting or cooperating against the party at
war, under pain OF being treated as pirate. The
same provision, in the same words, is contained
in the treaty between the United States and Swe-
den and Norway, Colombia, Brazil, Venezuela,
Peru, the Bolivian confederation, Chill, Spain,
Netherlands, France, Russia, and most of the
other continental nations of Europe. This Sec
ton was suggested by motives OF humanity, and
tends to alleviate the horrors and caamities Of
war; and we are proud to see the United States
take he lead in this, as it does in every other
respect, tending to promote the OF civiliza-
ton, and advance the happiness of the great hui
man family.
The acceptance of these letters of marque oy
the subjects of the above mentioned govern.
, monts, and their acting under them by cruising
against the commerce OF the United States, will
place them on the footing of pirates, and render
them liable to be hanged, if captured, not only by
the vessels OF the United States, but by YES
sells OF their own country, indeed by vessels Of
any nation, because that section having been
agreed to by the contracting powers OF nearly all
the civilized nations in the world, it has become
incorporated in the law of nations. The risk,
therefore, is not confined to capture by the United
States, but by nearly the whole world. The par
ties become pirates, and pirates are looked upon
by all nations as enemies of the whole human
race, and beyond the laws of any. They are in
fact looked upon as pirates, and treated as SUCH
Our government have had several communica-
tons with the Spanish authorities in the West In
dies, in which their attention was directed to this
section of the treaty made between the parent
country and the United Statos; and they have ex-
plicitly assured our government thatit would be
relgiously observed, and its provisions strictly
carried out The governments of South Ameri-
ca as well as of Europe, will unquestionably act
with the good faith, because their giving per-
mission to these subjects to accept the letters Of
marque, issued by Mexico, and engage in pirating
on our commerce, would be just cause of war
on our part, and hostilties growing out of the in
fraction Of this section would be countenanced
by the rest of the civilized world. We question
peace now happily existing between us and them,
on any account, and least of all, by committing
any act Of bad faith, which this would assuredly
be doing.
Again, the laws of nations, IN order to distin-
guish between privateer and pirate, exph-
city forbds privateering to be carried on in ships
or bottoms which do not belong TO the powers
who grant the commission. nation may, to be
has Oh
arms and munitions of war, but the vessel, whom
purchased, before it raise the flag of any
other nation, must be documented. and sail from
the ports of the country whose flag it bears A
foreign built ship which has not been re stored
or mariculated in the ports of the sovereign who
grants me commission, ca,no be pro ected as a
privsteer when cruising against the property or
persons of a belligersnt power The maritime
law will permit a nation and its citizens to pur-
chase vessels, and have them transferred to the
county Of the purchaser, if it be done for law
ful and innocent purpose, but should
seller or builder, sell or build, or arm
a vessel in neutral country to be employed in
privateering against the commerce Of country
at amity and peace with his own, he would rem
der hi nsef guilty of piracy, and liable :, punish
ment by the laws of nations.
Thsis the law Of nations regarding this part
of our subject. II will be seen that vessel in
order to be distinguished from a pirate, must be
owned by, documented, and sail from some port Of
he sovereign power that granted the commission.
1t is well known that all the craft owned by Next
and her citizens, is already captured by our
naval fsrces, and in our possession, except, per-
haps, a few owned in Yucatan; and, furt r, that
ali the harbors OF Mexico, in the Gulf of Mexico,
~o1 IL, pa,s &C. in, ham
Alvarado and Vera Cruz, and these are rigidly
blockaded by our squadron. In the nature
Of things no vessel can escape lron any one OF
them for hostile purposes without attracting the
attention of our navy, the officers and mon Of