Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-06-08

40 unlimited command Of thumb screws or bsyones,
snd the best Of us will very probably enact thrill
ing chapter in the worlds history, as we are now
wont to lament when calmly peruse the atrocities
If our "benighted" forefathers, Fanatiosm coupled
With arbitrary power, Immediately rises to the height
IF dabolicsl sublimity, and plays mighty part for
,vil, indeed sometimes for good. We of the latest
generation reap the exceptional benefit, and may be
ievouny thankful for the warning afforded by the de-
ectiou of predecessors which serves better than
anything else, 10 preserve us from the came wicked
sItravaganoe.
But this same fapaticsm, which is so powerful for
good or for evil, when coupled with opportunity for
becomes very pitisbe indeed when restrict
ID to the weapons Of argument. We can refer the
miserable shifts and lodges Of the New York "Trl'
buns" in lie dissertations the right of search and
the slave trade to no other cause than the dsense OF
pseudo, philanthropy with which the managers Of
that journal 80 notoriously infected. 1t would
be useless and uncandid to deny that these writers
are gifted with more than ordinary intellectual sd.
Party spirit and concentrated capital have
been welded with effect to secure contributions for
the Tribune" from pens Of we'll known ability. In
spite Of this, the paper meets grave international
question: the scope aud bearing OF which extend far
beyond considerations connected with slavery or the
slave trade in spirit utterly at variance with re-
publican principle aud patriotic feeling with argu.
ments 90 forced and puere, that it would seem 10 be
directed by tyro equally isnorant OF the require
ments of logic and those of successful party policy
That we do not eIsggerate, is we submit, fully ap
parent from the following extract:
"By our laws, the name Of piracy and the punish
men of death are extended to the detention and trans
portation as slave in any vessel, OF any negro or
mulatto not held to service under the laws OF some
one of the States. Now pirates under whatever tsg
they NAV choose to SAIL whatever apparently regu
lar shipping papers they may have got possession Oh
are nevertheless outlaws liable to capture by anybody
who may meet them whether ship.of.war or private
vessel Let us suppose American ship, with Amer
can owners and an American register, to be fitted oui
really for pirsticsl cruise but in order to conceal
her criminal destination to take out regular custom
bouse clearance to some foreign port and under thls
cover to put to sea, in fact as plratcai cruiser W
ANYBODY pretend that her American ownership anc
naners, and the American flag under which she still
prssumes to SAIL render her any the less pirate, or
can avail to protect her against search and seizure by
sny national vessel OF any nation IN whose way
she might happen to come! IL might Do expected
that having the external character OF an American
vesael sbe should, az an act of courtesy, be
cent to an American port to be tried but II
also might be expected that the sending ner
in, instead Of being complained OF ss disregard oi
the American character Of the vessel, and as an un
authorized interference to enforce our laws would be
as an act done in the general interest
of lawful commerce and maritime security. against
parties Who in turning piraes had forfeited their ma.
tional character, and made themselves outlaws Now,
we apprehepd, that in declaring the Slave Trade
piracy we, and all other nations who have made the
bau oA fraatnpnt of alayprs
as pirates, and have deprived them OF any claim or
pre,snsion to nationality. BY engaging in the Slave,
Trade vessels forfeite all pretensons 10 be regaroeo
as an American merchsntman. Those on ooard her
become outlaws and pirates, and the vessel itself ia
BILE TO cspure by any cruiser which becomes aware o'
her character For what purpose, and to what effect
has the Slave Trade been declared piracy, II not with
the very design of deprivipg those engaged in 1t OF
any claim to protection in the character OF American
eitizensl
Then again. az to the idea that visitation is bel
ligsrant rights il not substantially ss begerant
right that il is exercised on the coast OF Cuba u
Great Britain Spain and the United States have all
declared the Slave Trade TO be piracy Great Britain
has made treaty with Spain, by which that nation
has bound herself prevent the importation of saves
into Cubs and the interruption and retardaon OF
lawful commerce on the coast Of Africa which tht
Slave Trade occasions. Instigated by the hopes OF
great profits BODY of slave.traders have combined
together to defeat this policy Of Slave.Trade sup,
Dr68SlOH ana against tu6H6 oo'
pirates by the laws of Great Britain, Spain and the
United States-Grest Britain is now carrying on
naval warfare similar to that which We formerly car
red upon the came coast against another horde o
pirates. Ought not srtare Of thi3 SORT undertaken
in the general interest os Chrstendom and humanity
TO confer all the rights which would attend war
carried on in the narrow interest OF single nation
Condense this wonderful succession Of bunderP
and amounts simply to this: Great Britain has the
rghto capture every pirate her cruisers may iDd on
the high seas ergo British cruisers have the right
search all American merchant vessels, to discover
whether they are engaged 10 piracy. To be sure
this right of visitation is mere belligrent right
right which can be exercised only in time of war
But nations are like ndvduals in that supposed state
Of nature which the schoomen have imagined (t
state of existence, by the bye, not only "nnotura
but impossible); and has not the great Hobbies de
oared that state Of nature is aate OF warfare7 AL
nations are continually at wsr-wth pirates; and BY
virtue of this righteous war; they are fully entitled tc
every belligersnt right incident to any other species
of hostility.
We decline the task of refuting this peculiar view
international right and would only call the attention
our cotemporary the fact that his reference to the
declared piracy of the slave trade is entirely unneces
sary. The argument would be just as complete, if the
slave trade had never been declared piracy, or if il
should be dismissed from consideration in connection
with the right of search.
This question of the right of search is not difficult
one l, can be explained by simple reference to in
dividual rights in stats of society tho only state o
nature which we have learnt to recognise. Let us H.
lustrate the matter by an example. Mr.. Greeley is
an ardent phianthropist and doubtless deprecates
as all good men do. the fraudulent practice now in
vogue, of poisoning the good people of New York
with swi milk. Now suppose that Mr. Greeley
burning with desire to suppress this grievance
should forcibly arrest the progress OF mlk.wagon
on Broadway, collar the milk man, or the milk
woman as the might be, and, despite resistance
should examine the merchandise by all the tests
Of sight, smell and taste. Should MIR. Greeley dis
cover noxious imitation Of milk he would doubtless
20 uuscathed, receive the thanks of the community
and the milk merchant would iIcIr penalty On
he other hand shogd ts laoteal secretion be found
genuine enc nutricous, Mr.. Greeley would soon find
himself in custody of policeman A, and might also be
made TO answer soundly in damages consequent on
The issue OF civil process
w CQnt6nQ tudt III 'So'-~t~~
full and pertinent exempEcat-on OF the true doc
rins of the right Of search. If British naval COM
nsnder shsl suspect that an American Vessei Is en-
-sged in the slave trade any other sort OF piracy
he may board aud examine hsr-at his per'ii and l"
ae shall so dstan and search an American vessel en-
gagged in lawful commerce, his government will be re-
,pousbe for the injury; and persistent failure to
make full reparation voluntarily and peaceaoiy will
oblige the American government to resort at least to
IN act of reprsa the true er dc,as OF the inteFna
onal code.
According to right reason, ss veil IS Inc oest
egal authorities, the right of Searoh is purely oei'-
yereut right to bs exercised only by nations at war
not with pirates or slave trsdersbut with other ma
IONS 1t s permitted only to prevent the 'ransporta.
on on neutral vessels and to the territory OF one OF
The bslligereot parties of munitions of war; whlch
would otherwise easily enable an ap-
parent neutral to operate in hostii,es Ihis ls the