New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-21
MADISON on FLLIBUsrERING.


published by Mr. Vim c. Rvss, we md sn account
of a law ps..sd BY the Legislature oil virginia ID
I7s4. Ard in the enactment OF which Madison took
an active part, some Of the provisions oil WHICH
might be sdvant,geously adopted BY Congress lof
the suppression Of flibu,terisn. This law 49, IN
deed described in the work 10 which We refer IS
the frat example OF American legislation to punish
those ofeuses against the Law Of Nations no"
known under that name.
AT that tine Kentucky formed apart of Virginia,
and the object Of this lsw was to suppress the
,pirit Of tespass aud violence, resulting occasion
sIly in gross outrsses-in which the bsck-woods
settlers were apt to indulge against the scattered
Louisiana settlements on the Spanish side oil Tie
Mississippi. II may be doubtful, however, II
those outrsges can be properly described as &C"
of flbusterism as that word is now un-
derstood and employed. They do not aP-
pear to have been deliberately concerted, or
TO have been the work Of organized parties set on
foot, armed, and equipped for the purpose They
were rather the expression Of nsiional andPatny
which the backwoOdsmen had inherited from their
English ancestors Influenced BY the obstacles
which the Spanish authorities put in the way OF
the navigation Of the Lower Mississippi. Plumber
does not appear to have been their object, and stu
less permanent establishment on the lands OF the
Spanisrds, which is the leading idea Of onr modern
flbusters. They did, however, correspond with
our modern acts Of fllibusterism IN this important
respect, that they consisted in the preparation
against foreigners. and beyond the limits OF the
United States Of acts which, perpetrated within
those limits, would have subjected the authors to
be punished a. criminals. To meet the ex-
isences Of this case, the act Of Virgins
contaired two separate provisions one
was for surrenderiIg to the Offended for
eigu Government, through the agency OF the
Continental Congress-this act being prior to the
adoption of the Federal Consttution-of any citi-
zen or inhabitant of Virgins, who might be de-
maDded by such foreign Government, and who. IN
the opinion of Congress, had been guilty OF acs
within the jurisdiction Of that Government, which,
either by the law of nations, or BY treaty stpuia-
tons, made him a proper subject 10 be sur
rendered in order TO be tried and punished
where the alleged otfense was committed.
By another section provision was also msde, in case
where a surrender might be not insisted upon,
or not deemed proper, for trying and Furnishing in
the Courts of the State oiienses committed BY
citizens Of Virginia sgsiDst the laws, and within
the jurisdiction of a foreign power, IN the same
way as if they had been committed within the body
of some county Of Virginia.
This act suggested and proposed by Mr. Madison
vas yetemently opposed in every stage of its pro-
gress, and particularly that part of it which pro-
7ided for the surrender for trial abroad. 1t WAS
resisted particularly as yolating the eighth article
of the Virgins Bill of Rights, which guarantees to
the accused in criminal prosecutions trial by an
impartial jury of the yicDage and declares that no
Ion .hall be deprived Of his liberty but by the law
# the LAID and the Judgment Of his peers. Mr..
Madison, however, fought the bill through, recey-
ing also the effective support Of Patrick Henry.
He ale ged tha. this surrender for trial. where the
cause of trial arose, was less in conflict with the
provision of the bill Of rights than trial in Vir-
GINA, without jury of the yicinage, and without
being confronted with their aceusers and the wit
nes,es sgsnst them; while to say that such Of
tenders should neither be given up for punishment
nor be pdlished within their own country, would
amount to license for every aggression, and
would sacrifice the peace and character of the whole
country TO the impuDiy of the worst members Of it.
Our exiting laws prohibited only the setting on
foot within the limits of the United States, Of ex-
expeditions intended to operate in foreign coun
tries. Fer acts perpetr.ted in those countries
there is no means Of holding the perpetrators to
account. If they can once make coed their
escape to the United States, brought back, per-
bsps in national ship-no matter how many rob-
berries and murders they may have committed
sbrosd-,here is no meals of bringing them to
account Why not adopt, at least one of the alter
natives of the Virginia law above referred to
Why grant license foreyery aggression Why
sacrifice the peace and character of the whole
country TO the IMMUNITY Of such fellows as Walker
and bis associates fit were not deemed proper to
60 so far as 10 surrender them up to be tired where
their crimes were committed, they might at least
be subjected to be tried in our own Courts.
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