New-York daily tribune., 1858-08-30

reciprocal at least be in conflict with the provi-
sions Of that treaty.
We note with great satisfaction the capture BY
the United States brig Dolphin Of the slave brig
Echo, Putnam, or whatever her name may be. 1t
IT, We trust the first Of series Of operations des-
tined to put stop to the grievous and dissrscefd
abuse to which our flag has so long been subjected,
AID 70 prove 10 the slaye-traders aud to the world
that, in resisting the right of search and insisting
upon the liberty Of the seas our Government hss not
been Influenced by any sneakng disposition to favor
the slave-trade. TIE Dolphin, it seems, sailed on
the 2l.t instant from Sagus Ia Graude, one of the
ports Of Cuba to which the attention Of the British
cruisers was lately attracted as an Quitting port
for the slave. trade, aud the scene Of large part
Of those yiststions about which such clamor was
recently made. How impossible it is By mere in-
specton from distance to distinguish between
SLAYER AID a vessel engaged in lawful commerce. ls
evident from the fact that, though long time in
sight from the Dolphin, which came up behind,
gradually gaining upon her, the captured
slsyer does not appear to have become at
al an object Of suspicion until, by chang
ing her course as the Dolphin approached, she
evinced disposition to get out Of the way. The
Dolphin was naturally enough mistaken by the
SLAYER for one of tho,e English vessels, hitherto
sole objects Of dread tho sl.vers on that coast
mistake which te Dolphin favored by .hOisting
tie English flag At the same time, she fired
blank cartridge BY way Of intimation to the chase
TO show her colors. That, however, the SLAYER was
10 no hurry to do. 1t took cannon.shot across
her bows to cause the display, according to the
universal custom of tiavers hotly pursued BY British
cruisers and driven to extremity, of the American
flag at her peak. Still another shot, which took effect
in the slavers rigging, was needed to cause her to
heave to. At the same time she lowered her Amer
ican colOrs, doubtless in the hope and expectation
according to the usual course in such cases, of
beipg allowed to throw flag and papers, If she had
sIy, into the sea- and thus by the sscrif:e Of the
ship and cargo to secure free dischrge for the
officers and crew. Tie surprise of these gentry
must have been great at finding that, instead of an
English cruiser, it was an American man-oiwar
into whose hands they had fallen.
There can be little doubt that this capture will
lead to some curious and complicated legal pro-
ceedrg., more especially as the captured vessel,
with the Africans on board, has put into Charles
ton, thus afiordiDg the captured slave-traders
very favorable venue, to borrow term from the
lawyers, for any proceedings which they may be
advised TO institute. They will probably set up
that the vessel, however originally American, had
become Spanish, or at least hal ceased to be
American, by being sold to foreign owners; aud
as On ofi,et TO the libel which the csptors will file
in tie United States Court, tie master and men,
regulating their claims to American citizenship,
to which, likely enough their pretsnsions are but
slight will institute proceedings in the State Courts
to recover their own liberty and re- possession
of the vessel, on the ground that they, being
Spanish, or at least not American citizens.
and the yes,el not an American ,-sso,, thA
commander Of the Dolphin committed IA
grant violation of the liberty Of the seas, aud the
independence of nations, as recently indicated by
Mr.. Secretary Cas-, in presumiDg to capture the
vessel and imprison the crew. The mere circum-
stance that tkey hoisted the American flag is in it.
self alone entirely insufficient to justify the capture
That, they may say was mere ruse-an Offset TO
the stratsgem Of the Dolphin in hosting English
colors, and 10 more bringing the vessel, her cargo
ard crew, within the scope Of American authority
than the Dolphin's English eolors made her an En-
gish vessel. Even should the vessel be held 10 be
American, the crew must also be proved to be cit-
zens Of the United States before they can be pun
ished. We would insure the escape Of the officers
and crew Of the captured ,laver from any Of the
criminal penalties OF our laws against the slave
trade for much smaller premium than we would
be willing 10 t,ke TO guarantee the captain Of the
Dolphin against being cast in damages by the South
Carolina courts for presumng to make the capture.
Under the act of 1919, the csptors will be enti-
tied, provided the capture should be held lawful,
beside the proceeds OF the vessel, to prize money
at the rate Of S25 head for each Afticaa on
board; and by the sane act the President hss au.
thority to cause the liberated negroes 10 be re-
INC we'd beyond the limits of the United States, and
to appoint agents on tie Coast Of Africa for their
reception. This was an improvement on the
original a;t prohibiting the slayetr.de which left
to the State, into which the negroes happened 10
be brought the disposition Of them, with power -
sell them at auction or otherwise, Ike other for
feitea goods ceurle which, in several instances
previously to the law Of 1919, WAS setusy resorted
10 in the States of Georgia and Louisiana. We An
tcipate, however, q struggle over these Afri-
cans even more remarkable than that which took
place in the case of the Amistsd negroes. II
viii be an excellent opportunity for the sdvocstes
of H. of L. sls tad u-kr NIL