New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-12-15
T he TRIBU N E.
The Rich. of Search.

Lard Palmer.ton aud the late Minister to Great
Britain, is exceedingly full and Interesting. We
present below the principal points in each Official
communication.
l. Lord Palmcrs,on writes to Mr. Stevenson ac-
knowled.ing the receipt from him Of two notes
complaining Of the search and detention on the
coast of Africa Of the U. S. vessel Douglas by H
B. NJ. brig Terma.snt, Lieut.. Sessram Lord
PaImerston acknowledges that the detention of a
US. sayctrading vessel ia in the abstract irregu-
lar, but alleges special agreement between the
commanding officers Of n NJ ship. on the coast
with commander Payne Of the L. S. Navy, for
searching and OBTAINING ships found trading in
slaves, and proceed. the proof thotthc Douglass
was savetruding vessel
II. Lord Palmers;on again writes to Mr. Sc
venson acknowledging the receipt of note com
planning Of The seizure and detention of the .choo-
6cr Iago' by the Termagant, and Of the Schooner
Hero by H. B. NJ. brig LYNX. He again &C
knowedges that British cruisers have right to
search and detan b. S. vessels if they are
engaged in the slave trade. but again refers 10 the
ogrecmen; which was entered into March II 1870
He states that such eases Cannot occur again, as
the Admiralty had sen, positive orders TO her Ma
e.y's cruisers not again to deain OF NEEDLE with
q s. vessels engaged in the sayc trade
III Mr. Stevenson informs Lord Palinerston
that he shall Immediately lay before the T. S
Government his Lordship's letters. With regard
to the alleged special agreement however, Mr.
Stevenson says he has no othe. information than
that contained in his notes.
w. Lord P. writes transmitting to Mr. Steven
son a copy of the agreement entered into between
Capt. Tucker of H. B. NJ. sloop Wolverine and
Lieut.. Payne of the L. s. ship of War Grampus.
v. The British Secretary again writes to Mr..
Stevenson acknowledging the receipt Of hi. note
demanding indemnity for the detention of the brig
Mary sailing under American colors. He pro-
ceeds 20 show that the vessel was Spanish vessel
and tina, the L. S. Aag was merely hoi>;ed
protection, which he contends it should not be-
vi. Lord Palmerston, in reply to complaint
from the American Minister of the seizure and de-
tention of the merchant ship Susan SAYS that his
Govornme.t does not claim the right to search
American merchantmen, and if such cares have
occurred they were irregular and cannot occur
again But he alleges there is an essential differ
euce between searching vessel and examining
her papers to see If she be entitled the protec
lion Of the country whose flag she may have hoi.ted
a, the time Her Maje.ty's Government lucknow
ledge that the rights of the United States flag ex
empt vessel from search WHEN she is provided
with papers emitting her TO that flag; but III
order to ascertain this, it is necessary that her
papers be examined and to this he Is persuaded
the U. S Government cannot object. Lord r hopes
that the day is not far distant when the L. Gov
eminent will look to things and not TO words, and
perceiving The wide and entire distinction between
that right OF search which has heretofore been
subject of discussion and thar right of search which
almost all other Christian nations have granted
each other for the suppression OF the slave trade will
Join the Christian league aud no longer permit her
vessels to be engaged in undertakings which her
laws punish as piracy.
VII Mr.. Stevenson writes to Lord aberdeen
expressing hi, surprise at the ground assumed by
81 late Brush Secretary, and denying the right
asserted in A- Last communication. The precise
nature Of the right claimed Is t. 5oard ans det~iS
all r.sscls for the purpose Of ssccriaining by an
examination Of their papers thcr national char-
scler. and of deciding whether they entitled to
the protection OF the a. e zoe country under
which tbey sail The distinction attempted 70 be
made between the right OF search and the right OF
visitation tor TN. purpose ia declared to be
wholly fictitious and indeed the l,,,er IS thought
10 be more Odieu, and Insulting than thu former
which i purely behgercn, right and cannot be
enforced in time OF peace The principles Of pub
lie law. Mr.. Stevenson ceutcsds. expressly de-
clare thst the vessels OF oil nation. in time of
peace in navigating the ocean shall 90 exempt
from every species and purpose OF interruption
aud Ss'cRtton, unless engaged Ia some traffic COW
tcary 70 ,he law of nations or expressly provided
for by treaty or compact. Although Piracy adj
oule4 TO be an offence against public law, still
oar Minister contends that all piracie. are not
oi'a ees against the law OF nations. Piracy by in
ternal'oneI law. aud that made such by the mu-
nielrul law OF any State are Of an essentially diff
iefeal character. Hence i, i. that the latter can
only be 'ried by the sountry within whose iur.dic
uon or on board OF whose ship. on the ocean the
offence may have been committed. The slave
trade. he says, Is not cosnilabc under the law OF
nations. Although prohibited by most nations and
declared to be piracy by their laws Is We, not an
easnce against he pubic law: sad cannot be en-
forced by ,hs ordinary right of,si,ation. detention
OF other .enrch a. j, might be i'm was pirncy br he