all pretense for the interference of others.
Among the occurrences to which I have alluded, it may be useful to
particularize one case.
The schooner _Catharine_, an American vessel owned by citizens of the
United States, was seized on the coast of Africa by the British cruiser
called the _Dolphin_ and brought into the port of New York in the summer
of 1839. Upon being brought into port, Benjamin F. Butler, esq.,
district attorney of the United States for the southern district of
New York, appeared in the district court of the United States for that
district and in the name and behalf of the United States libeled the
schooner, her apparel and furniture, for a violation of the several acts
of Congress passed for the suppression of the slave trade. The schooner
being arrested by the usual process in such cases and possession taken
of her from the hands of the British captors by officers of the United
States, the cause proceeded, and by a decree of the circuit court in
December, 1840, a forfeiture was pronounced. From this decree an appeal
was taken, which is now pending in the Supreme Court of the United
States.
It is true that in another case, that of the _Tigris_, of like general
character, soon after arising, the then Secretary of State, on the 1st
of March, 1841, informed Mr. Fox, the British minister, that "however
strong and unchangeable may be the determination of this Government to
punish any citizens of the United States who violate the laws against
the African slave trade, it will not permit the exercise of any
authority by foreign armed vessels in the execution of those laws."
But it is evident that this general declaration did not relieve the
subject from its difficulties. Vessels of the United States found
engaged in the African slave trade are guilty of piracy under the acts
of Congress. It is difficult to say that such vessels can claim any
interference of the Government in their behalf, into whosesoever hands
they may happen to fall, any more than vessels which should turn general
pirates. Notorious African slave traders can not claim the protection of
the American character, inasmuch as they are acting in direct violation
of the laws of their country and stand denounced by those laws as
pirates. In case of the seizure of such a vessel by a foreign cruiser,
and of her being brought into a port of the United States, what is to
be done with her? Shall she be libeled, prosecuted, and condemned as if
ar
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