Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-29
.NUMBER rs

scnted and determined whether r-;v.teer aauail-
ing the commerce Of shs United Szates. usdsr the
flag and commission Of an insurrectionarv Govern
ment, which oar Government has never recognized
as independent is, 10 contemplation Of law, pirate
4 The counsel for the prisoners, when theT Ehsll
have been indicted and arraigned for sriaf A d
rates. wiz doubtless plead that they were suil:n7
and acting under q Tag priVateers, and 4 s.ap-
rates, but prisoners Of war, VII produce nrmber
Of documents and official records, eoncluaissly de-
monsfratng the Inconsistency Of this ehaFFs u pi-
rscy. for instance. he may cali the aftenfinu Of
me arEed Court % the fact tkSt. il this b piracy
then tho Continental Congress Oh the 23d Of March
1906 when our independents had not even been pro
claimed much less reeosnized b. ans foreign power
committed piracy Of the mfV Aggravated charac-
TER ~ turning to the .Aif Congress of thar
day tFol- j, P. l02 the l-saiow that Coneress re-
out srmed vessels 70 cruise aHinst the enemies Of
| the United Colonies
He win probably show further that an armed
private ship cruising and making captures on he
nal o. ds Jacto Power, IS not considered. under
any writer on the law Of nations, Is necessarily
Compel ed to hsFe any commission AZ all (See Vat
q, beck ), Chap. l5.f Aad he may quote Chancsl-
lor Kent 90 sustain THIS, who expressly says, IF
Prisateers deereaate upon the enemy srifoaf am
commission they act at their peril End are ssb,s ~
be FURNISHED BY their own SOY sreizn. bus tie e,e
my Is not coTTuRted 10 consider denk az uri,,;EIs
and, as respects the enemy sheY sialafs n rirhfs
By capture" (Kents Com, Part I, Eecturs 81
Ana again ne says, They are ncs acts IF piracy NJ
We have already quoted in these cslum1s ths
decision of the United States Court Ia the csse az
the two MrauOn prvateers, seiSed By Unissa Stnfss
vessels in the Gulf Of Mexico, afser our Govern
ment had recognized yaarez as the President Of
Mexico Ia that case. the steamers were rslease7.-
though Miramon's G0vernmeut not onty lad not onr
recognition, but had rot even ds faco existence
still more important and decisive case ceeurre1
IN our courts as far back IS the year 1873.
During that year, the commissioned privkteer
General Arismendi,H sailing under the flag Of the
colony Of Venezuela then revolt against The Gov
ernment of Spain captured the Spanish brig sJose-
IA Seeunda, hasing on board . number Of slaves.
who were transhipped to the eaptor's hold The
priyateer itself was afterwar6 seized near the b.
lie, and claimed to be forfeited for violating
the laws Of the United States in lowering about eur
coast with the intent to import the negroes slaves
-as was undoubtedly her purpose.
Spanish claimants interviewed. claiming that they
owned the slaves that the capture BY the priva-
teer illegal and piratcai whereby the right Of
the original owner could not he affected also that
the priyateer had been driven upon Onr coast By
stress of weather and necessity The latter pre-
tense was evidently a fiction. and the vessel was
condemned.
But in deciding the case, Chief Justice MARSHALL,
who delivered the unanimous opinion Of the Court
said, as to the first excuse set up:
at would indeed be unreasonable and uniust 70
visit upon the innocent of this property the
sins OF pirate, and were these allegations made
out, the Court would find difficulty in making
the restitution which Is asked for. But 10 itee
Was the General Arsmendi piraFicsl crziserg TIE
Court thlaks not. Among the papers Il commis-
sion, which is all that in this can be Sxpectei
and which appears to have been issued aaeer the
authority Of the Republic Of Yenezuela, who a-e
maintaining eontest for independence with the
mother country; although not acknowledged ny
our Government an independent nation, is u wrl
known that open war exists between them and Her
Catholic Majesty, in which the United States main
a strict neutI siky. IN this state of things this
Court cannot but respect the belligerens rghts Of
both parties and does nos treat pirates The eFusers
Of either, SO long they act under ard within the
scope Of their respective commissions"
The language of Chief Justice Marshall would
appear to be corplete cOmBiittal Of the Jndeisry
OF the United Stats to areeogntiOnof tie reht OF
priTateering By eclonies OF portions Of people or
Government who are in revolt against ths original
or central power, and who claim for themsaiSesa
separate national existence. We suggest 70 our Alb
clifton contemporaries that before they asszne so
that the SalInn2his crew vii be
hanged as pirates, they mfh1save trouble By IN
curing what our courts and lawyers have uniform
" held lust such men as these TO be-