Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-08-13
RIGHT OF SEARCH.

St"i, paper lately established at Altreu
Maine As that place is the residence of one
vi the U. 5. Senators. and as the article is
composed with a tone Of confidence, il is not
perhaps, pr-snming too much To attribute il 10
the pen of ar. Holmes. That the surrender
ny Mr.. Adams 0f the Right Of Seorch will sub
lect our merchantmen to vexation and insult
from the British naval commanders, we never
ior moment doubted and we believe that
the senators who voted TO ratify the hate CON
ven'i0n will curse the day when passion aud
political partiality induced them To do so.-
We have, almost daily, specimens of what the
insolence of British commanders may do, in
the illegal captures OF our fishermen in the
Day ot Fundy. Boston Courier.
F,om the Columbian Star.
Right Of Search.
With the contest between Mr.. Adams and
the editor Of the lntelligencer we have very
nth. concern. Whether il is right that the
Secretary of State should have taken the
printing Of his department or any part of it,
from that paper, the public will he left to
Judge without any interference or inquiry of
ours The reasons offered by the Journal and
which are said to be those of Mr.. Adams
himself, will be the only subject Of our COM
ment.
The facts must be briefly stated that the
public may understand the subject. The
Congress Of the United States had with great
unaoi,nity declared the slave trade piracy and
punishable with DEATH The public ships and
vessels Of the United States had power under
the direction of the President, to bring in for
tIiai American vessels suspected of this traffic.
Inc House OF Representatives had passed a
resolution requesting the President To nego-
tiate with other nations to pass and enforce
similar laws. The Senate had not acted AT all
on the subject. The President commenced a
negotiation with Great Britain pursuant to the
resolutions OF the House of Representative rs.
Inc British Commissioners insisted that the
trade could not be effectually suppressed, un.
less the right Of uisit and search were mutual
~ conceded and were willing that il should
he restricted to the specific objech This was
resisted by Mr.. Adams as a concession To
winch the people the United States would
not submit that it would be difficult to con-
fine the search to the Object; tha, the right
conceded would he abused that under color
OF Il our far and legal commerce on the high
seas would he subjected to yexa,ious visits
and detenions and our citizens EXPOSED 10 in
jury and insult tom foreign officers, out of the
reach ct responsibility. Mr.. Adams in his let
ter To Mr.. Canning of the 25,h june, 1928. re-
ierriDg to the treaties of Great Britain with
Hpain, Portugal and the Netherlands. for the
suppression of the slave trade, state, that one
OF the principles in those treaties to which M,
United States could never accede," was the
mutual concession of the right of search and
capture.in time Of peace, of merchant vessels.
on the coast of Africa" Mr.. Adams urges
with great ability. that this practice Of searcI,
even IN time war, is a relict Of the barba-
rous warfare OF harbarOus ages; and that il in
nut usage, and that the United States, deny
ing 1t to be even a belIigerent right, have as
insuperabie objection to its extention bv trca.
~ ~ any manner whatever" Yet MIR. AID.
ans IN the convention in question did con-
ceds II.
When ms convention was presented to the
Senate for ratification, the objections made by
MI Adams himself, and others which the dis
cussion elected, made strong imbressjons nm
The minds ofseveral members. 1t was beliey-
cd that, with all IFS precautions, Limitations
and restrictions it was a concession. thar a.
buses would arise, and that its reciprocity was
not real but nominal.
In the treaties of Great Britain with the
other powers referred to, the searcIfs was re-
str'cted to the African coast; in this conven-
non u was extended from thence to the West
Indies and the whole coast of America.
The principle settled by this treaty. that ,ba
officers OF foreign Government might arrest
on suspicion and bring In for trial, an Ameri-
can citizen, 49, at least, novel. On the sub
mission ny the President to the Senate Of such
principle, ii was their duty to I" del;berate,,
as well as to" act" The suggestions or
doubt, the discussions and even opposition
which the subject might present, could no,
WITH much appearance Of frankness he ascrib
ed TO hostility to me administration" II
appeared moreover from an inspection of the
convention, that it was founded on the fact
that both nations had declared the slave trade,
piracy. And from an examination of the re-
sPective laws, that the act Of Congress was
permanent or without limitation, and in that
Of urest britain was reservation, that il
mignt DE repealed during the present session
of Parliament.
The convention also went much farther than
any other on the same subject. In I'm. trea.
ties between Great Britain and Spain. portu-
gal and the Netherlands, the right tn enter
and searh, was confined to the coast of A fri;
ca. Here its operation was further extended
To the West Indies aud the whole coast of A.
mprica.
The second article, authorised the officers
Of cach nation TO enter on board a vessaI b.,r.
ing fore go fsg,to d t.ruinp ffor nur,oscs of
detention and trial. whe',ert the flag was sou-
rious, and on Suspicion that it was 10 capi,,re
and seed in the vessel for trial
The principle established in The seventh ar.
t'clc asserted serious objections. II proyid-
ed that when a vessel Of one Party assuming
foreign dag should he visited nv a shin of xar
Of the other the citizens or subjects Of the via.
ting party found on board, should he con, 70
their own country for trial. This. most mani.
testify. authorized petty officer of the British
navy to determine at sea, FIRST, whether the
flag was true or faIse and second. who was q
British subject or an American citizen
These were grave and difficult points.
Senator who regarded his duty to b;s 60.