The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-11-05
THE AFRICAN sLAvE-TRADE.
MR. COXES PAMPHLET UPON THE SLAyE-TRADE
AND THE RIGHT or VISITATION AND SEARCH


of search claimed by the British government dem
onstratng that it had just foundation. The argu-
nents used and authorities cited could not be met
and answered upon any grounds formerly assumed
by that government. Recently British functonaries
have assumed the right of visitation means OF
detecting aud Furnishing the African slave-trade Mr..
Coke meets this ground by facts and arguments
which must carry conviction TO every candid mind,
| lie shows that government took steps to
repress and punish the save-trade before the Brit
| ish acted upon the subject, and that our laws
wisely adapted 10 that object, and that by treat
| ing citizens found engaged in it as pirates, and
imposing the penalty Of DEATH we far possible,
deter our people from engaging in the slave trade.
But the British insist that more American ships are
engaged in it than of any other nation. Mr.. Coke
shows that they have not proved this fact. On the
contrary that British cruisers on the coast OF At
rica, by violating the law of nations and their own
Instructions defeat many oil our earnest efforts to re-
press this Infamous traffic. and that for their own sell
! fish purposes He shows that in many cases the
commander of British vessel would visit in person
and alone slave vessel carrying American colors and
permit such vessel to destroy its papers and flag and
all evidence Of its nationality and instead of hand
ing the guilty parties TO an American national
| vessel to be taken home and punished under our
| laws, they clearly ought, such Brush oiicer
| would permit them to choose not TO be considered
| AS Americans, and encourage them so to act as TO
| avoid our vessels landing them at some point
venent for himself and sending the vessel to Sierra
| Leone TO be condemned IN British Vice Admiralty
court where he would largely share in the money
derived from its sale and condemnation. He shows
| that British officers have received several hundred
thousand dollars from snch Illegal proceedings, while,
at the same time they aided in screening the guilty,
and in protecting them from the punishment due
| under our laws. We give below some extracts
from Mr.. Cox's pamphlet remarking that no one
read it without profit and instruction
What then is the summary Of the entire story? Me
commanders of these vessels overhaul every vessel which
they encounter matter under what flag She sails.
They, in person, board demand to inspect the papers
one, of their subordinates, is present to
witness the proceedings These papers denounced
fraudulent sometimes without being examined, the
fling affords protection. The master is, If guilty,
alarmed by the information that the Dale Is at hand,
and that he will be delivered to the custody and dis
position of American man-ofwar Ii he yields to
this menace he is allowed to denatonalize himself and
throw into the his national coors and papers The
vessel is then seized lawful prize, without flag or
papers her officers and are landed the neghbor
ing coasts released from all personal responsibility sub
ccted punishment for their criminal violation of the
laws of the United States and the captured property
to Sierra Leone to be tried before British court
admiralty; and, presume, condemned prize
| for the benefit of the captors.
'The Commodore in person boards the suspected vessel
This is duty ordinarily committed to lieutenant OF
other subaern officer He is unaccompaned by single
witness The evidence of the captor to what trans
pred board is inadmssbIe in prize proceedings and
consequently there be testimony to exhibit to the
court to account for the circumstances under which the
flag and papers had disappeared or, indeed that they
had been disposed of at all Neither the prize master
the prize knew thing Of these Matters and of
could shed light upon the transaction They
probably knew little OF the time, place, in
| which the officers and disposed Of They
could If admitted witnesses before the prize court
tify only to the simple fact that, when they went
board, neither coors papers to be found Ex
perience has long since demonstrated that positive
lsehood conveys more unithfu representation of the
| truth than a narrative which, while it gives
count OF fact facts which really occurred yet
aith tharf iupor
gives character color TO the story. Is it harsh
pcon that Commodore Wise took the precautions which
he did with eye to these results That be boarded in
person that might be able to contradict explain
his staementsf Where is the evidence that the Bremen
carried spurious papers Although the Commander of
1 the Myrmidon had examined them without detecting
sanythng irregular in them, Commodore Wise instead of
bringing them in to verify his accusation allows them to
be thrown into the ocean, and rests his charge upon his
own uncorroboratcd statement.
"To any vcrsed in the admirable of practice
which has been adopted in the prize tribunals of every
civilized nation would be unnecessary point the
uniform and systematic deyations from that code, which
has characterized the entire conduct of the British naval
| commanders on the coast Of Africa
!" In such investigation tho present. not designed
exclusively for professional it may be advantageous
to allude briefly to the principles which govern thess tri
bunals For this purpose shall quote few sentences
from the writings Of the late distinguished jurist Mr.
Wheaton, whose reputation publicist stands high in
Great Britain and on the European continent, well
| in his country. The paper from which these ex-
Tracts taken ne nlnScu informs us, 'prncpay
copied from the rules of the British courts which,
have arisen to which they could apply have been
recognised and enforced by the Supreme Court of the
United States, and, for the most part, conformabe
with the prize practice Of France and other European
countries AS q vessel other thing captured
prize arrives in ports, notice should be given
thereof by the captors to the district judge commits
soncrs appointed by him. that the examination of the
captured who brought in may be regularly taken
In writing upon oath, in to the standing interog
atores 1t is also the duty of the prize master to de-
liver up to the district judge all the papers and docu
ments found on board and at the time, to make
affidavit that they delivered up taken, without
fraud, addition, subdrction, embezzenent In gen
erl, the master and principal officers and of the
of the captured vessel should be brought in for
animation This is n settled rule of the prize court
The examination must be confined To persons on board
at the time of the capture unless the special permission
of the court is obtained for the examination of Others
1t is upon the ships papers and deposons thus taken
and transmitted that the is, in the first instance
to be heard and tried This is not matter of pac
ice and form il is of the very of the admiralty
law. Such is brief outline of the general code of ad
mralty practice In Of prize, acknowledged by the
courts of Great Britain and the United States.
1--WE have learned from high authority, such as TO COM
mend entire confidence, that the instances we have
presented Of the conduct Of Commodore Wise and Com
mander Hunt not insulated cases. hut, as Captain
Conover observes indications Of system, and one which
has been pursued for n series OF years
''Upon the evidence, although not direct and
positive but strong circumstantia evidence can well
be- proceed TO arign at the bar OF public opn
ion the judges and officers of tho VceAdmralty Court