Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-12-24
NmR PRRSS
TIE RIGHT OF SEARCH.
FoM THE N. Y. TRIBUNE.


official communication.
]. Lord Palmcrston writes to Mr.. Stevenson
acknowledging the receipt from him of two
notes, complaining of the search and detention
on the coast of Africa Of the Y. States vessel
Douglass By II. b. NJ. brig .Termagant,' Lieut..
Seagram. Lord Pamcrston acknow edgcs that
the detention of U. $. slave-trading vessel is
in the abstract Irregular bat alleges a special
agreement between the commanding officers OF
H. NJ. ships on the coast with commander Payne,
of the U. y. Navy, for searching and OBTAINING
ships found trading in slaves, and proceeds 10
the proof that the Douglass was slave-trading
vessel.
II. Lord Pamerson again writes TO Mr..
Stevenson acknowledging the receipt OF note
complaining of the seizure and detention of the
schooner 'lago' by the 'Termagant,' and of the
schooner Hero by Fl. b. NJ. brig Lynx lie
again acknowledges that British cruisers have
no n ght to search and detain U. S. vessels, even
ii they are engaged in the slave trade, but again
refers to the agreement which was entered INTO
March H. ISL. lie states that such cases
cannot occur again, as the Admiralty had sent
positive orders TO her Majesty's cruisers not
again TO detan or NEEDLE With U. S. vessels en-
gagged in the slave trade.
III. Mr.. Stevenson informs Lord Palmerston
that he shall immediately lay before the L. $.
Government his Lordship's letters. With re-
gard TO the alleged special agreement, however
Mr.. Stevenson says he has no other information
than that contained in his notes.
~. Lord p. writes transmitting to Mr.. Ste
vcnson a copy of the agreement entered into
between Capt. Tucker of II. b. NJ. sipnp VOL
verne, and Lieut.. Payne OF the U. $. ship of
war q ampus.
V. The British Secretary again writes to Mr..
Stevenson acknowledging the receipt of his
lote demanding indemnify for the detention OF
IN, brig Mary, sailing under American coors.
lie proceeds to show that the vessel was a
Spanish vessel and that the L. $. flag was
merely hoistcd as protection, which he con-
tends It shouId not b.
VI. Lord i'aImerston, in reply TO complaint
from the American Minister of the seizure and
and de,cnton of the merchant ship Susan says
that his Government does not claim the right to
search American merchantmen, and ii such
cases have occurred they were irregular an
cannot occur again. But lie alleges there is an
essential difference between s. chm a vessel
ana examining her papers to see if she be en-
titled TO the country whose flag she may have
ho>tcd at the tme.-iler Maestv's Government
ackGowct~ that the rights of the L. States
flag eNcmp's vessel from search when she is
provided with papers emitting her TO wear that
illg bat IN order 10 ascertain this, it is neccs-
sary that her papers be examined, and to this
object. Lord p. hopes that the day is not far
distant when the L. 5. Government will 'lool;
to things and not TO words, and pcrceving the
wide aud entire distinction between that right
OF search which has heretofore been subject OF
d scusson and that right OF search which almost
all other Christian nations have granted each
other tor the suppression OF the slave trade,
Will JON the Christian league and no longer per-
mt her vessels TO be engaged in undertakings
winch her laws punish as piracy.
VII. Mr.. Stevenson writes t. Lord Aberdeen
expressing his surprise at the ground assumed
by the late British Secretary, and denying the
right asserted in his last communication The
precise nature Of the right claimed is to board
and dg'ain all reSSe!S for the purpose of ascer-
tanning by an examination of their papers their
national character. and of deciding VIII ether they
are entitled to the protection of the flag of the
country under which they sail. The distinct. on
attempted To be made between the rirlt of
search and the right Of visitation for this pur.
pose, l. declared 10 be wholly fictitious and
indeed the later is thought 10 be more oious
and insulting than the former which is purely a
beIIgerent right and cannot be enforced in time
OF peace, The principles of public law, Mr..
Stevenson contends, expressly declare that the
vessels OF all nations in Tine of peace in nayi-
gazing the ocean, shall he exempt from every
species and purpose of tacrWptjoa and detcn-
h1n, unless engaged in some traffic contrary to
the Jaw vi nations, or expressly provided for by
trca'y or ompact. Although PIRACY is admitted
to be an offence aTains: the public law still our
Minister contends that all pirac.es are uot Of
fences against the law of nations. Piracy by
Internal onal law, and that made such by the
Municipal law OF any States are OF an essentially
different character. Hence it is that the latter
can Only be tried by the country within whose
jurisdiction or on board of whose ships on the
ocean the offence may have been committed.
HE slave trade, he says, is not cognizable I'M
der the law Of nations. Although prohibited by
most notions and declared TO be piracy by their
laws, 1t is yet not an offence against the puGlic
law: and cannot be enforced by the ordinary
right Of visitation detention, or other search as
It might be II It was piracy by the law Of nations.
Mr.. Stevenson proceeds 10 establish this point
By citations from eminent British writers. The
slave trade he says is lawful to al! Govern
meats who have not forbidden il.
The right then claimed by the British, derives
no support from the principles of the public law,
bat Is lett 20 stand upon the ground OF expectancy
and necessity, Is the means of executing the ev-
listing treaties for the suppression Of the slave
trade. Whether this be so or not, Mr. Steven
son says he has no means Of Judging, and deems
It therefore unnecessary to adopt it or deny it.
Lord Palmerson's error consists, he thinks, in
assuming the necesSiy ant expectancy ef he
qo'rer as Progf cf lis existence The principle
II allowed, would make every commander of a
British cruiser the exclusive Judge of the ma
tlonal character of vessels sailing under the l..
S. flag. The United States, moreover, canno,
be held responsible for the conduct Of other ma.
tons who seek to cover their Infamous traffic by
the fraudulent use If the American flag
VIII. Lord Aberdeen addresses Mr.. Steven.
son in reply with most uniegned respect for
the rights, honor and independence of the L.
States He shows that the decision of the
British authorities, to which Mr.. Stevenson re-
ferred, have hcen reversed, and therefore carry
no weight. The confession Of our Minister
that the slave trade is extensively carried ON
under the fraudulent use OF the American flag,
IS regarded as justiiying the whole claim Of the
British government. Il constitutes that reason
able ground OF suspicion which the law of ma
tons requires in such case. The admitted fact
OF tins abuse creates the right Of inquiry. Lord
Aberdeen renounces all pretension on the part
Of the British Government to visit and search