Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-05-07


at defiance by her own subjects" Aud these
considerations were formally presented to this
government BY the British government in justi-
6catiOn Of this attempt to change the maritime
law Of the world. But they are rejected by
the United States, who claim inviOiahility for
their vessels, aud hold on 70 that great code
whose Integrity it Is the interest Of the strong
as well as the weak 10 maintain and defend ;
and they deny the right Of any Power, or OF
1 any partial combination OF Powers, 70 interPo-
late into il any new principle, however eonve-
nient this may be found. And they derive
| neither confidence nor consolation from the as
surance given to their Minister IA London, by
| an eminent British statesman at TIC head OF the
Foreign Office, that their vessels are not enter
ed as their vessels, - nor is It as American tnat
such vessels are ever visited" The immunity
Of these merchant vessels depends upon the
rights Of the United States as one Of the lnde-
pendent Powers Of the world, and not upon ne
purposes or motives Of the foreign oihcers oy
| whom il is violated A merchant vessel upon
the high seas is protected by her national enar-
acter. He who forcibly enters her does so up
/ on bis own responsibility Undouotediy N a
vessel assume a nstiona: character to when
she is not entitled, aud is sailing under false
colors, she cannot be protected By this assump-
tion Of nationality 10 which she has no claim.
| As the identity Of a person must be determined
| by he officer bearing process for MS arrest,
aud determined at the risk ct such otheer, so
| must the national identity Of vessel be deter
mined at a like hazard to lin who, doubling the
nag she displays, searches her to ascertain her
true character.
There no doubt may be circumstances which
would 90 far to modify the complaints nation
would have a right to make for such viola
tion of it's sovereignty. II the boarding otlceF
bad Just grounds for sGspicion, aud dsPoTted
himself with propriety in the performance OF
his task, doing no injury aud peaceaoiy re-
firing when satisfied Of his error, no nation
would make such an act the subject OF serious
/ reclamation. L is one thing TO do deed
aYowedlY illegal and excuse it By the attending
! Circumstances. and It is another and quite
different thing to claim right OF action, and
I the right also Of determining wnen ana now,
and to what extent, It shall be-eXercised Au0
this Is no barren distinction so far as the inter
est Of this country is involved, but n IS closely
connected with an object dear to the American
people-the freedom Of their citizens upon the
/ great highway Of the world.
The British Government assume that an
armed cruiser OF their country, possessing
right under the law Of nations 10 enter mer-
/ chant vessel Of another Power for specihed
purpose, has the right also, such entry having
been effected, to convert Il 10 another and very
different purpose-to the enforcement OF the
/ claims Of Great Britain, without any avoWed
]
ous power may be carried.
/ The consequences Of such an authority, II
] once established. are zoo obnoxious to need eX-
animation, and would be too dangerous IN their
practical operation not to unite the other com
mercisl Powers Of the world in firm deter
mnation to resist it. Should this claim OF
visitation become a part Of the law Of nations,
| it would enable a boarding officer in all times
hereafter, during both peace and war, as the
claim has done before in time Of war, fOrcibly
TO take the citizens Of another Power from its
own vessels for the purpose Of serving In the
/ British navy.
But the principle Of this inquisition and con-
version is capable Of indefinite extension, aud
| ia the progress Of events may be used to sub
jsct the cargo as well as the crew to the claims
I aud regulations Of a foreign Power, thus de-
ssroying, in effect, the free intercourse OF the
world.
Your Lordship has communicated list Of
vessels said to have been Americans and TO
| have been engaged in the slave trade. This
lis. have no means Of verifying, but the state
nent, even if accurate, would serve but to
show that the laws Of the United States are
too often evaded or violated with impunity, az
are the laws Of every other eountry.
There is one obvious remark, however, ap-
plieable to this branch Of the investigation
I which cannot have escaped your observation.
/ The prosecution Of the slave trade is DOW stim
ulated BY extraordinary profits. and additional
| capital and enterprise are both embarked IN its
pursuit.
No doubt many vessels constructed in the
United States have been purchased by for
egners and employed in this traffic. There
lisa class Of American sbips famed for their
speed, and these are eagerly sought for this
purpose But, as was well remarked by Lord
Brougham, the people thus disposing Of their
| property are no more answerable Ter the
purposes to which 1t is devoted than an
English shipbuilier, who sold vessels con-
structed in his yard which were afterwards
desnatched to the coast OF Africa Oar laws
prohibit and provide severe punishment for the
lifting out Of vessels for the African slave
trade, and the proper officers are instructed
yigiiantiy to enforce their execution. But they
often hnd It difficult to prove the object OF the
proposed voyage. aud vessels no doubt escape
detection, as well as condemnation, and pro-
ceed to sea, from this absence Of proof And
I where is the country under heaven whose laws
are not set at naught in the search after gam,
aud rendered imperative by the same dlincul-
~ of bringing the proof home 10 the offenders
But when such vessels pass beyond the llris-
diction of the United States and are spidi az
they generally are, to foreigners engaged 20
this business, a very erroneous impression ol
the true state Of things is produced BY formal
lv enumerating them by name and by port al
American vessels Upon this subject Commo'
doTe Conover reported from the African coast
in October last, that in a list OF vessels cap
tured by British cruisers, which was prepared
hy the Lieulenat commanding II. NJ steam
er .4nt,loas. and delivered By COmmodorl
Wise to Commander Me Blair, are mentioned
several Spanish and Portuguese vessels, Whicl
- sailed under American cOl0rs, proving on eX
animation 10 have been frautulently assumed
D And Commodore Crabbe reported mat m most
IL not all. the cases in which the American
= flag is used in this traffic, the vessels ar
manned. not by Americans, but by foreigners
{ And though some OF these vessels may be
Z long to American citizens, yet the Information
2 received at this Department induces the belle
= that by far che greater portion are owned D
C Cuba, where many are @ ted out and prepare
= for their work, and with publicity whic
: bolds in contempt the illcgality, as well as th
n immortality, os these expeditions.
= have no doubt but that your lordship
/ correct in the statement that the American ia
e has been fraudulsntiy assum b. the vessel
o OF other nations engaged in this trafhc. Il
Il an abus@ to which all flags are liable, whie
b is iusepsrable indeed from the fret
s dom Of the seas and In a debate m the BIRTHS
: House Of Lords on the 10th March last, 1t vi
7 said BY an eminent member OF that body, "th'
: the French flag had been made use OF by spar
d ish slave dealers to cover their nefariOus ira
= ne" His quite probable that more GccuTa
y srafaiaaii0a than I haze the Hedas Of makiH
might shoi5 that UssSsis Eugitsk bEiA aad En-
s fish o1rned, kaue also been employed ~ pETsHif
u fhis iilsgai GccupatiOa. And | am justified
l. this suggestion by a fact which has Just con
N accidentally to my knO Sledge: it is the pros
It cutiou in England Of an English vessel whie
M had thus been engaged. since the receipt
q your note, and while looking over the LondC
Ie Tiass of December IL, 1881, observedthe r
r port Of a trial of vessel (the AeGPOTt) 4
ie participation in this traffic. IL was before Il
p judicial Committee Of the Privy Council, upC
d an appeal from the Vice Admiralty Court
,e S.. Helena. which bad condemned the vesse
e The ultimate issue is not stated, but there
A. no doubt Of the guilt of the parties.
10 O.her similar cases might probably be fouI
= by even a cursory perussl Of The pablished pr
"A ceedings Of the tribunals having Jurisdicti'
10 over these SUBJECTS. Human cupIdity is CO
le fined TO no one nation, and it is too often gta
r fled without regard to legal OF moral duti,
re certainly without regard to political or ge
E. graphical boundaries.
r. Some time since, 10 conversation, your Tor
l. ship remarked that the force which the Unit
2 States were bound BY treaty to employ on d
CO coast Of Africa, had not always been mai
Cd taiued at its full complement. / was not ava
IN of the fact until my attention was thus direct
to but on making inquiry in the prep
ht quarter, ! found the statement was correc
D. and also, as have already informed you IN
ht the British Government were in the same pr
s. dicament-their squadron not having slwa
on possessed the strength required by the treat
ri I assured you also that | could not ascerta
2 the cause OF this deficiency, but that the
quisite appropriations had been annually ma,
,is and that care would be taken 70 prevent 81
H. liar accident hereafter. Your lOrdship
n thought il proper again to present this subj
to in a more formal manner, though after the cS
be versation which passed between Us, and the
lrs surances ] gave, did not suppose yon attach
ie- sufficient Importance to these accidental ON
re- sions to render a renewal II the subject nee
e. sary, more especially as Great Britaiu requi'
he similar foFhearaucs on the part OF the Unit
,B- States. Your loriship has been unable 10
to certain the cause OF this failure on ihe part
The your government, but yoa conjecture that
-ch nav have been owing to the demands or