Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-12-13
TIE RIGHT OE SEARCH.


We find IN the Free American n notice of n
correspondence between Lord Pamerston and
Cen Hamilton, the Texan Ambassador, on the
mutual right of search for The suppression OF the
save-trade. Although the British plan of which
this right constitutes Il part, is generally regarded
us complete inilure, yet il is to be persevered ill.,
as the following extract shows:--
"ln letter from Lord Palmerston to Gen.
Hamilton, dated Foreign Office, Oct. IL, IS40,"
hls lordship expressly admits that the independ.
encG of Texas is to be regarded MS now fully es-
lnblished, and that it is for the interest of Great
Britain to firm commercial treaty, but that her
majesty's government would not be willing TO con-
cIude treaty of acknowledgement with any new
state possessing naval flag, unless there could be,
at The same Time, treaty for the suppression OF
the African slave trade, including concession
of the mutual right of search" which is 'the ne
ceSsary foundation of all treaties for the suppress
sion OF the slave trade" He then sets himselfto
remove the "prejudlces" which he supposes mny
exist among the people of Texas, by showing
that this fright o search which the people Of
the United States have objected to- and the right
of search granted by the numerous slave :rade
treaties which lave been concluded by Great
Britain with Other powers, though similar in
name, are, in reality, two entirely different
thlngs"-the former being only "muua right
OF search" "a right to search merchant vessels
which may on reasonable ground, be supected of
w lTHVe, III OrUef tfluI, ",
upon examination, they should he found to be SO
engaged in the slave trade, they may he sen, be.
lore tribunals OF their oton country TO he there ad
Justed according to the law of their own land =
which search moreover, lis to he made by the
searching ship of war, not by any right or ati-
thorty conveyed 10 it by the government of the
country 10 which it belongs, but in virtue OF n
warrant to be given 10 it by the government of
the country to which the vessel that is to be
searched belongs so that the searching officer
may be considered as being for the purpose aud
OCCASION, u special constable, appointed by the
other country, 10 assist in preventing the laws of
that country from being violaed, aud to aid in
bringing before the tribunals of that country any
persons who may have ATTEMPTED i'm certain maj.
terS, to violate those laws - whereas, the 9TH
er right of Search which has long been
bone OF contention between Great Britain and
the United States, is defined to be "the right to he
exercised by ship of war OF either country to
search, during war, merchant ship of the other
country, III order to ascertain If there be on board
OF her any deserters from the naval service of
The country to which the searching ship belongs
10 take back any deserters to the service which
they had illegally, and in breach of their duty,
abandoned
His lorlship then declares the readiness of the
British government TO negotiate treaty of recog-
milton, and OF commerce, provided this principle
is fully acceded to-"
Gen. ianllton-who, as our readers will rec
ol!ecr, has been Distinguished as member of Con-
gress and as Governor of South Carolina as.
sents to this view, with no ma,era, reservation
and declares himself willing to enter into the pro-
posed arrangement. Our government has always
taken the opposite ground and the argument a.
ga'nst our acceding TO the proposal oil mutual
right ms Lord Pamerston Describes it, was lately
urged ut length by cur Minister ut London Mr.
Stevenson.
One important fact, however, tie Free Ameri-
can seems TO have overlooked. The complaint
now urged by our Government against that of
Great Britain, Is that the latter assumes and en-
forces the right OF search t0iHhom The authority of
treaty. Whether we ought to concede the right
ny Treaty, is one question; whether Great Bit
am ought to take it, 10y force and without our con
sent is quite different ore and it is only the
latter that is supposed to threaten serious difficult
W.. Chronicle.