Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1841-12-23
coscLuprp.
Mr.. Sierensen 10 Lord aberdeen.
80, lrrGR GRosvgRroR SrRrHr,

nlittl states, mas tht lbiluf
To acluin the Earl OF Aberdeen Her Maesly's Prnc
pal Secretary of State Tor Foreign Afaifs that he has
had the honor Ia receive the two communications ad
dressed to him by Lord Niscount palmersion Her Males
" STATE irneila Secretary o State Tor Foreign Affairs
under date oi the p tn utmo upon the subject of the
improper aud harnssinp conduct of the British cruisers
towards the vessel and Hay ol the United States the
African seas. In communicating the decision of Her
Majesty Government upon the claims submitted To its
consideration, II would have given the undo rsipned great
satisfaction 10 have represented that decision one cal
culacd 10 do justice 10 the msdual claimants and IN ac
cordancc with the lst rights and interests OF his coun
try. lie had INDUCED confident hope thai the com
plants which had been made upon The subject would
have been followed not only by suitable a,onemcnt and
r'mraiion but by an immediate abandonment of the
Sl stem OF wrong and violence which the vessels and
commerce oi the United States had been long exposed
through the misconduct Of British cruisers IN the African
scas
This course he had expected not less from the Justice
OF Her MaJesiy's Government than the friendly relations
,ulss'lng between the two countries.
II Is, Therefore with painful surprise aud regret that
the undersigned now learns irom Lord Pamrslon's
communications thai these proceedings OF Her Nacsly i
cruisers have not only been approved and justified and
the injuries which cnsuod 10 unrodressed but
that right is now asserted by Her Majesty Govern
men over the vessels and flag Of the United States IN
volyng high questions Of national honor and interest OF
| public law, and individual rights.
Having heretofore, in his correspondence with Lord
Pamors,on, discussed the merits of these claims and
the principles involved in them and presented the views
and expectations of his Government, upon the subject
the undersigned docs moi feel II incumbent upon him. nj
tins tle, TO open again the general discussion.
camtulac the particular circumstances by which these
cases might justly clam 10 be dsne ushrd Referring
Lord Aberdeen To the previous correspondence which has
taken place. the undersigned will refrain from the lur
thcr discussion of the individual cases. and content him
sell with quiet examination OF those parts OF Lord Pal
merSons notes in which power IS, Tor the first time,
distinctly asserted by Her Nlarstys Government over
the vessels and flag of the United States. IN tmo OF
peace, on the high In order to ascertain the pre-
else nature and character this and extraordinary pow
er may be proper 10 quote those parts Of his losps
communication in which it is asserted They in the
following words
"'Fhe undersigned hcgs leave to state thai, Mr. Ste
vcnson. in reply TO the remarks contained in his last
note, that Her Maesty's Government do not pretend
that Her Majesty snayal officers have any right search
American merchantmen met with IN time Of peace al
but there is essential and fundamental difference
between searching vessel and examining her papers 10
see whether she Is legally provided with documents en-
ng her 10 the protection OF any country. aud especial
" Of The country whose flag she may have hoslcd the
time For though by common larlance the word flag
use, TO q press the test nationality and though accor-
ding TO u, At accHntoon Of the word, Her Majesty Coy
eminent admin that British cruisers entitled in
time of pcgce Ia sea- rh merchant vessels sailing under
tie American flag yet i,er hlajcsys Government 10
not mean thereby say that ."rchanman exempt
herself from search by merely hosnp piece Of bunting
with the United States cmboms and colors upon that
which Her Maosty's Government mean is, that the
rights OF the United States flag excmpta vessel from
search when that vessel il provided with papers entue
her 10 wear that flag, and proving her To be United
States property, and navigating according To law" And
again; The cruisers employee by ller Maj,sty's Gov
cmen for the suppression ol slave trade ascertain
by inspection OF the papers, the nationality of vessels met
with by thea under circumstances which justify susp
con that such vessels are engaged IN slave iadc. in
der tha if such vessels found 10 belong 10 country
which has conceded Great Britain the mutual right oi
Search they may be ,archcd accordingly and that, II
they be found TO belong to country winch, like the y
ncd States, has conceded i.at mutual right they
may be allowed to pass free and uneac 'Aned to con
suInlnate their intended iniquy."
Here is n direct assertion of right. tho psrt oil
British cruisers, to bdrd and detan all vessels sailin
under the flag of the United States, whether American
or not, for the purpose of asceralnng, by examira
ton OF their papers their national character, and deciding
whether they entitled TO the protection OF the flag
OF the country under which they sail Now, it is proper
to remark that the attempt which his ordshp makes 10
distinguish between the right OF search Ca right howey
cr which he dlScalms) and that which he asserts, IL
wholly fictitious. They essentially the same, for all
the purposes OF the present discussion Indeed the right
To board, detan and decide upon the national character
Of vessels navigating The in time of peace, may
Justly be regarded odous and insulting, and CIV
ing place To wider and important injuries, than the
right Of search which is purely begercnt right, and
cannot be enforced IN time Of peace But if the dstnc
lion was admitted TO be sound one, yet nothing would
be gained in support of the right which Lord Palncrson
claims for Her Majesiy's Government. The inquiry
must still ARISE whether power Of uisitatil
DETENTION can be rghtinlly and lawfully exercised by
one nation the ships Of another, in time of peace
upon the high seas. That il cannot the undersigned
will proceed briefly to show.
And, first, to the principles Of public law and the
usage of nations. by these it is expressly declared that
the vessels Of all nations, time Of peace navigating
the ocean, shall be exempt from every species and pur
pose Of interruption and detention, unless engaged in
traffic contrary 10 the law Of nations expressly
provided for by treaty compact. Now. although pira
cy is admitted TO be offence against the public law,
and thcreo." punishable in every country, and by every
nation matter where committed, IL must yet be borne
in mind that all praccs not offences against the law
Of nations. Piracy, therefore, by international law aud
that which may be mad? by the municipal law Of par
tcnlar States, essentially of different character
and 10 be treated accordingly Hence it that offences
declared to be piracy by the municipal laws Of any State
only be tried and punished by the country within
whose jurisdiction, OF on board Of whose ships on the
ocean, the offence may have been committed Now
slave trade cognzble under the law Of nations-
Although prohibited by most nations, and declared to be
piracy by their laws and especially by the statutes OF
Great Britain and the United States is yet not an of
fence against the public law, and its Introduction cannot
be- eniorcedby the ordinary right of visitation detention,
search, IN the that il might be if plra
cy by the law Of nations. That this is the Acknowledge
ed doctrine of international law cannot, is presumed,
be doubted 1t is expressly declared by all writers
upon the law OF nations and has been acknowledged by
the British Government through its highest Judicial
tribunals, Her annals full of instructions the
subject The following is the language held by Of