Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-07-17

r relating 10 the treaty Of Paris. r. ft l.f
But, reay,a bellgeIent who resorts to privatecrin
apd whoisnos rcstrsiaed from SO doing by any tres
engagement may defend his conduct on the ground tn
3 useful means OF conducting the war; not contra,
i TO, but copsonant with, the laws Of nationa o.
Tue objection to privateerins be that |. is d
psrturS nom the principles recognized In war; The on
oocon that can be urged Is that modern convention
usages and agreements have extended to car al
benhcsnt miissons of the rgor principle which hay
obtsned 10 Ser % idad When two nations are eng,
ed III war; according 10 the principles laid down by VII
tiers, the individual members Of the two communities ar
enemies Of one another aud are required to act ac
eofoely so that formerly in with the lat
itude Of this rule private could be made at sea with
ou' such commissions as the owners Of vessels no,
required to obtain from their Cover ment This "a on
among many restrictions conventonally introduced
which have merely modified tie rule, without protesting
10 change The principle.
Upon what ground then may bs ssied, las the Uni
s-i.. Asrs-uced prvatseriDs under commissions Of
tue oonfsdsra'e Government piracy and procl,oled
10 deei minaon to punish those engaged 10 /. accord
lngly.
surely not on the ground that the Confederate States
do not possess belliserent rights For that pretensou
lhough proclaimed, have shown is too absurd to be
put 10 execution The sense Of mankiod has been sboc
by It's mere uarsuce and the awess inventors of the
idea have practically been compelled to relirou.b Il az
hey have manifested in the exchange of prisoner, Of
war eoptred land Bslgerent rights cannot be an.
por'oned. All must be enjoyed or nons If those in
'h' prvateerng service iratss all in arms on land
arc equslly traitors.
treason against any State the highest and rravest
on=nse punishable by lis law because II il an onse
sresig againet lie sovereignty and as such is crime
"a an me Slect Of punishment than piracy While
and punishable only BY against The particular s:at.
sgains. the rho'e vor'd and punis6Ssy Is an osnse
Therefore State respecug lis dignity, a.asio'
,rolifd 6y proper notivss, would overlook treason which
threatens the very destruction Of the Government and
s.ek to punish piracy an onse which ony threatens it's
commerce in common Nh that OF the world, and which
msy be punished by any other State.
The st important act passed by the Congress OF the
United States tho Of piracy ia the act Of the
3td March 1919, which prescrbes the punishment for
the crime Of pira.y 6efaed by Ito law Of Nations
This act is continued without limitation by the act Of 18th
May 1920. Soc Wharton American Grim Law 1881.
The case Of the United States U.s. Smith Wheaton 1853
was prosecution under this act Various writer's Black.
stone among the NUMBER undertake 10 give the "eono.
v" definition Of piracy, but the common law d. Tuition
very clearly the definition given by the lag Of Nations
the law Of Nations being itself part Of the common
law for independently Of the law Of Nations no such Of
fense as piracy known At common Law. Hence in
England before the statute Of 2s. Henry VI chsp Is
the uiA for piracy was, not in a common law, but the
admiralty Court and without Jury, according to the
course Of the civil law to which the law of Nations for
the most par. conforms ia its prOeesdings.
The English parliament in the act above cited, wiL.
GU. changing The mature of tie offence of piracy as
known by the law Of Nations have newly regulated the
mode Of trial and punishment. Capital punishment,
without july trial. sbhorrept To the Eoglsh mind
tated BY the ory trial method BY tns act above men
toned.
Upon tho subjsc. Of piracy the Federal Legislation
has been very similar to the English.
1t is true there certain offences at sea cre.tot
by the Federal Statutes committed by against ci;iz.n
Of the United States (which for convenience ar
classed among piraces) the committing Of which, il
made punishable, when the same acts, committed b.
citizens Of Foreign country on Foreign vessel, ar
no. punishable by the United States Court. Wharton
American Grim. law s2sS6; So So $40 of Ae. of 81
April 1890 relate to to offices Of this character.
All ,usa persons Of course II consonant with the Ia,
Of Nations apply to persons in the lawful eIer
else of beligerent rights.
We may conclude that II persons serving 10 prvateer
commissioned by the Confederate States arc really sub
lee. to punshmeut for piracy by the United States
Of the Foreign States may punish them In the sam
manner That no such rights claimed by other natter
is useless to aver. But Il the effort should 10 made
punish ouch persons under any Of the acts Of Congress
applying exclusively to the subjects Of tho Federal Gov
erement have shown that portion Of persons sery
ing the Confederate States land must DO pucshabl
for treason.
Ia our observations heretofore made under the ara
general head, upon the subject Of begsrent righs,
have considered the bearing Of topic for the mos
part its external application, aud may here rema
in passing, that it would lie singular and unfortnai
condition of things, II public Law prescribed cours
Of conduct furnished one cllss Of rights and impose
one kind of obligation, and the municipal laws OF par
ular States in these 1ects conferred conflicting right
aud exscted COZ aicng Obligations. II such were III
case, the public law perhaps, would be of superior dell
CATION btcaus, all mankind interested IN It's obssr,
ance. But, fortunately, such clasbirg occurs Tt
common Law Of England in consequence Of its contro
ing operation in the sever, States together with Il
acts Of toe Federal Lcgsatufe constitute the rnunicip
law Of the United States in oontrads,inction to the
ternational jurisprudence Tbs law, as well understood
by all bat the present Federal rulers, would protect
sssns Of the Confederate States in the exercise of be
Iligerent rights against all treatment contrary to Il
, usages Of war; At common law The citizen Of de ia
10 government bound in his allegiance to such 60
!. eminent while II Is In the exercise Of all tho usual
). i.raal powers Of sovereignty.
Treason c,nnot be committed against the de jrs Go
eminent while the power is in the hands ora de foe
Government, Hawking Plsss Of the Grown, title Treas
chap II 49, indeed tho subject of the de aeto Cover
ment IS bouid to resist the de 1e sovereign II u
ppcple is 50 rigid that treason against de aeto SOW
eign may be published after the de Jaeto Governme
has been published by the de jare sovereign, Hawk
: Pleas Of the Crown, Chap II IL This is the Epgi
doctrine in relation 10 treason. Il may hence be otjs
cd that the Federal Courts have criminal ursdcii
derived either from the common law or English statut
while this may be true in a general sense, yet as Z
Oous,u ion ofhe United States borrowed ia de8pit
of treason from the English Statute 20 Edward III JUDI
M.,sb,u decided in Rrrs care Csnch AL, that E.
lish authorities should be reforfd to 10 ascertain
meaning Of the terms employed defining this offence,
the SC ,ps Of tie language. It Is sail The United stA
:, are now anxious to become parties to the treaty
!. Paris Tsmpora mHtantur !
. Suppose, however, the United States Government
bs now allowed /, sign tots treaty Of Paris. What will
ia the effect on the bsgsrent rights of the oonfsdsr
N, statesf Very clearly not to prejudice them In
II slsbtest manner It would constitute breach Of n
ia raty towards the Confederate States by the powers
made this treaty in time Of peace iii any such preiud