Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-10-23


pathy for the oppressed"
Those of our readers who regard with approba-
ton the recent FHJustiering movements in this coun
try against the possessions Of nation with whom
we are at peace, would do well to give some atten
ton to our treaty stipulatons, and also to the SEN
tments expressed on an occasion when we were the
objects Of similar movement, and were exposed to
the dangers which are now threatened on our soil
against others
The treaty with Spain, made in the year 1895,
declared that if any person of either nation should
take commissions or letters Of marque for arming
any ship to act as privateer against the other he
should be punished pirate.
In the late war with Mexico some concern was
reasonably felt that the Cubans from their favor
able position in the Gulf, might be tempted to dis
regard their obligations under the treaty and prey
upon our commerce. The President of the United
States, (AIr Polk, in his annual Message at the
commencement of the second session Of the Goth
Congress, considered the subject in the following
language:
Immediately after Congress had recognised the
isence Of the with Mexico my attention direct
ed TO the danger that priyateers might be fitted in
the ports Of Cuba and Porto Rico prey upon the
merce of the United States; and invited the special
attention of the Spanish Government the fourteenth
article of treaty with that Power Of the twentieth
Of October 1885, under which the citizens and subjects
of either nation who shall take commissions or letters
marque privateers against the other shall
be punished pirates
4" Ii affords pleasure to inform you that have re
ceived from the Spanish Government that
this article of the treaty shall be faithfully observed on
its part Orders for this purpose we're Immediately
transmitted from that Government to the authorities Of
Cuba ans Porto Rico to their vigilance in
preventing any attempts to fit out pryateers in those
islands against the United States From the good faith
Of Spain fully satisfied that this treaty will be ex-
ecuted in its spirit well its letter whilst the Uni
ted States WILL their part faithfully perform all the
obligations which il imposes them.
Information has been recently received at the De-
'partment Of State that the Mexican Government has
blank commissions to privateers and blank cerf
fcates Of naturalization signed by Gen. saas the pre-
sent head Of the Mexican Government There is also
apprehend that similar documents have been
Transmitted to other parts Of the world Copies Of these
papers, in translation, are herewith transmitted.
As the prelimnaries required by the practice Of civil
ized nations for commissioning priyateers and regu-
latng their conduct appear not to have been observed
and as these commissions in blank to be filed up
with the of citizens and subjects Of all nations
who may be willing to purchase them, the whole pro-
ceedng only be construed invitation to all the
freebooters upon earth, who willing to pay for the
privilege, to cruise against American commerce 1t
viii be for courts Of justice decide whether under
such circumstances these Mexican letters Of marque
and repral shall protect those who accept them and
commit rOsberies upon the high under their auho
rity, from the pains and penalties Of piracy
If the certificates Of naturalization thus granted be
intended by Mexico TO shield Spanish subjects from the
guilt and punishment Of pirates under our treaty with
Spain, they will certainly prove unayailing Such
subterfuge would be but weak device to defeat the
provisions Of a solemn treaty.
al recommend that Congress should Immediately pro-
vide by law for e trial punishment a,pi,ates of Spanish
subjects rho, escopng he vigilance ofter Government shau
be found guilty Of Drirateeag against he Uaaed States
do apprehend serious danger from these privateers
Our navy will be constantly the alert protect our
commerce. Besides in prizes should be made Of
American vessels the utmost vigilance will be exerted
by bockadng squadron to prevent the captors
taking them into Mexican ports and it is not appre-
hended that any nation will violate its neutrality by suf
ferng such prizes be condemned and sold within its
jurisdiction
In accordance with the recommendation of the
PRESIDENT, at the close Of the same session, Con.
gress passed an act Of which the following is copy
BE enacted &c. That any subject citizen Of any
foreign State who shall be found and taken the
making war against the United States cruising against
the vessels and property thereof Of the citizens Of
the same contrary to the provisions Of any treaty
stng between the United States and the State Of which
such person is citizen or subject when by such treaty
such acts Of such persons declared to be PIRACY
may be arragned tried convicted and punished before
any Circuit Court Of the United States for the district
into which such person may be brought or shall be
found, in the same other persons charged
WIN PIRACY may be arraigned, tried convicted and
punished in said courts"