Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1824-08-24

nature oil the right oil search, at sea,
which, as recognized or tolerated by the
usage OF nations, is right exclusively
OF zpar, never exercised but by an out
rage upon the rights OF teaee. 1t is an
act analogous 10 that OF searching the
clearinghouse OF individuals on the
land. The vessel of the navigator is his
dwelling. house; and like that, in the
sentiment of every people that chershes
the blessings OF personal liberty and Sc
cudty, ought TO be sanctuary invio-
liable to the hand of power, unless upon
the most unequivocal necessity, and un-
der the most rigorous personal RESPONSE
bllity of the intruder. Search, at sea, as
recognized by all maritime nations, is
confined to the single object of finding
and taking contraband of war BY the
law OF nature, when two nations conflict
together in war, a third, remaining neu.
trail, retains all Its rights of peace and
friendly intercourse with both. Each
beilis ercnt, indeed, acquires, by war, the
right OF preventing third party from
administering to his enemy the direct
and immediate materials of war; and, as
incidental to this right, that of searching
the merchant vessels OF the neural on
the high seas, to find them. Even thus
limited, it is an act of power, which no.
thing but necessity can justify, inasmuch
as 1t cannot be exercised bu, by carrying
the evils of war into the abodes of peace,
and BY visiting the innocent with some Of
the penalties OF guilt. Among the mo-
dern maritime nations, an usage has
crepl in, not founded upon the law of ma
ture, never universally admitted, often
successfully resisted, and against which
all have occasionally borne testimony,
by renouncing it in treaties, of extending
this practice of search and seizure to all
the property Of the enemy in the vessel
of the friend. This practice was, in its
origin, evidently an abusive and wrong
tn extension OF the search for contrahand;
effected by the belllgerent, because he
was armed; submitted TO by the neutral,
because he was delenceless and acqui-
esced in by tho sovereign, for the sake
OF preserving "a remnant of peace, rather
than become himself party in the war.
Having thus occasionally been practised
/ by all, as beligerents, and submitted to
by all as neutrals, it has acquired the
force OF an usage, which at the occur
renee of every war, the beliigerent may
enforce or relinquish, and which the neu-
trail may suffer or resist at their respec-
tive options.
| This search for, aid seizure of the
property of an enemy in the vessel of a
friend, IS relic of the barbarous ages
the cruel, and, for the most part, now
exploded system Of hriUate war. AS il
concerns the enemy himself, ii is incon-
sistent with that mitiga,ed usage of
modern wars, which respects the pri-
vate property of individuals on the land.
AS relates to The neutral, it is violstion
OF his natural right to pursue, unmolest-
ed, his peaceful commercial intercourse
with his friend. Invidious as is its cha
racter, in both these aspects, it has other
essential characteristics, equally obnox.
ious. 1t is an uncontrolled exercise Of
authority, by man in arms, over man
without defence; by an officer of one ma
ion over the citizen Of another; by a
nan intent on the annoyance ct his enc
my, responsible for the act OF search to
no tribunal, and always prompted to ba-
lance the disappointment OF iruitiess
search, by the abusive exercise OF his
power, and to punish the neutral for the
very clearness ct his neutrality. Ii has,
in short, all the features of unbridled
power, stimulated by hostile and unso-
cial passions.
forbear to enlarge upon the further
extension of this practice, by referring to
injuries which the United States expe-
rienced, when neutral, in case of vital
importance because, in digesilng plan
for the attainment of an object, which
both nations have equally at heart, it is
desirable to avoid every topic which may
excite painful sensations on either side.
have adverted 10 the interest in ques-
ton, from necessity, it being one which
could not be lost sight Of in the present
discussion.
Such being the view taken of the
right OF search, as recognized by the
law of nations, and exercised by bellige.
rent powers, it is due to candor to state,
that my government has an insuperable
objection to its extension by treaty, in any
manner whatever, lest it might lead to
consequences still more injurious to the
United States, and especially in the cir
cumstance alluded ,o.-That the propos-
cd extension will operate, in time Of
peace, and derive its sanction from COM
nacf nresept no induc EN- EMS to its adon.