The Sun.
London, England, 1858-06-09 00:00:00

THE RIGHT OF SEARCH.

The Earl cf CLARENDON wished to ask his
noble friend opposite whether ho could give any in-
formation which would tend to allay the excitement
which bad existed during the last few days with re-
ference to certain alleged proceedings on the part c f
our cruise's, and the preparations which were said
to have been taken by the United States to put an end
to acts which they looked upon as equivalent to the
right of search, which had never been conceded by the
United States, and was looked upon by that country as
au insult. He believed nothing was generally known
beyond certain ex parte statements and the abstract cf
some correspondence which had been laid before Con-
gress by the President, and therefore we had no means
of judging how far our cruisers had exceeded their in •
structions. He had no doubt, if his noble friend had
received any information, that he would lay it on the
table—and would state whether any more stringent in-
structions bad been sent out than those under which
our cruisers had been acting. He did not think they
were authorised in doing what they were reported to
have done, and if they had exceeded their instructions,
and exhibited an over amount of zeal, there would be no
difficulty in explaining the matter. This was a question on
which great forbearance must be exercised by both go-
vernments. (Hear.) He was convinced that the United
States governmenthad no desire to extend the slave trade.
But it could not be concealed that the United States
flag bad, in the last two years, been used as a cover for
the slave trade, and that the trade had been carried on,
on the coast of Africa, by vessels under the American
Sag ; and that being so, he did not see how the character
of vessels was to be ascertained unless means were
taken by which it could be known whether they were
really sailing under a national flag. That right had
been conceded by all maritime nations, and unless it was
so conceded all kinds of piratical transactions might be
carried on, and those who bad been designated "bumani
generis hostel" would carry on their operations with im-
punity. But the mode of exercising the right of aecer
taining whether a vessel was really sailing under the
national flag was a very different thing, and no officer
commanding a cruiser could exercise the right of search,
whatever his suspicions might be, till he had ascertained
theta vessel was really an A inerican. We in this country
were as proud as the Americans of the honour of our
flag, and as determined to protect it wherever protection
could be lawfully claimed and legitimately given. But
we should consider the honour of our flag tarnished, if it
was used to cover nefarious transactions ; and so far
from objecting to any friendly power ascertaining if any
♦easel carrying the Brit,sh flag was engaged in such
transactions, we should be obliged to that power, in
cases of suspicion, to ascertain whether it was properly
assumed. He did not think that the American govern.
ment would differ from us on that point, and he could
not but hope that if the matter was considered by both
governments in a friendly spirit some understanding
would be come to on the subject. He begged to ask his
noble friend if there had been lately any communication
on the subject between her Majesty's government and
the government of the United States, and whether there
was anything to justify the apprehensions which were
entertained ?
The Earl of MALMESBURY—I am extremely glad
that my noble friend has put this question, and that he
has prefaced it with the very judicious language which he
has used. It is a very great advantage that an emitent
member of the opposition, at a moment of difficulty between
this and any other country, should rise in his place and
utter sentiments such as have just been delivered by my
noble friend opposite. lam not in a position to give to
the house any ascertained information on this subject.
Up to the present time I am only in possession of ex
parte statements put forward by the American Govern-
ment. If the circumstances are correctiy reported, and
have really taken place as they have been described by
the American Government, certainly her Majesty's Go
vernment will not be prepared to defend or to justify
the acts in question, Although there has no doubt been
a great deal of exaggeration, I confess that some of the
acts committed are not such as can be justified by inter-
national law, or by any treaty between this country and
America. lam informed that on one occasion a body
of men was landed on the coast of Cuba, from one of
our ships of war. Of course, however, this is a Spanish
question, and can only be mentioned incidentally in
reference to the American question. There has been
also considerable annoyance given to American
traders at the Havana by a system of watch-
fulness-on the part of our cruisers, which watch the car-
goes
that are taken out and taken in, and exercise a sys.