The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-30

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the United States' As to the right of search, wha
did the treaty stpulate How did It's provisions bear
on that question? The British Government had un
dertaken to incorporate her own municipal law or
certain subjects into the law Of nations-as impress
ment, negro emancipation, and search. Against ths
the United States Government hadsolemnly protest
ed and Great Britain had since expressly disayow.
ed the ground she, through Lord Pa merson had for
merly taken, as to search, and had declared that she
would not repeat the assertion of her claim inso
much, that should she find upon tn high seas an
American ship flled with slaves, she would not touch
or interfere with her from the moment it appeared
she was an American. True, Lord Aberdeen had
avered that, although the right of search was given
up, the right OF visit remained But in truth there
was no such thing as the right Of visit as distinct from
the right of search. The right of visit and the right
of search were but one and the same Ii British
officer had the right to visit an American vessel, he
must also have the right to ask whether she was an
American or was sailing under false colors; and if
she Jailed to give satisfactory answer then to search
her, In order to ascertain the facts There was no
practical difference between right to visit and a
right to search, aud in the Language of diplomacy
there but word for the thing ia all its forms
The Convention stipulated that each of the two ma
tons should maintain It's police for one common
object in which both were interested and which had
been expressly engaged for by the tteaty Of Client,
each nation by Its own separate meaIs.
The honor of the United States was effectua!ly
guarded the right Of visit and of search was aban-
doned, relinquished, gone; it was Meier again be
whispered. There was no QuiniuplA Treaty for us
act of Parliament for search Of ths vessels of the
nited States. No visit was TO be made 10y British
cruiser any American vessel such as might be
made by of honor to the dwelling house of his
friend. Gentlemen did not agree by treaty and bond
that might visit the other. Ii was q permission
of courtesy. The gentleman from Pennsylvania
might enter his Mr.. C.'s) house gentleman and
a friend; and he did SO under the responsibilities
IxUh ich nd nf nd lin m
particular circumstances; but If, after he admit
ted friend he should commit an act of insult or
injury he might be thrust forth by force and he
pronounced by law to have been trespasser Id intio
Just stood the British right of visit board Anne
rlcan vessels. The commander of British cruiser
might speak any American ship as a frienl but it,
after thus visiting her. he should depart from the cha
racter and department of friend and proceed to
search her papers, overhaul her cargo exercise any
authority over her motions, contents, crew Mr.
G, trusted and hoped that the American commander
would shoot him through the head, q kick him into
the as be would dead dog Laughter and cries
of Good u "bravo," ego 1t Cushing"
Mr.. c. sand that the French press IN the United
States sympahsed with the French press in Paris
which well known be deadly hostile to the con-
ceSslon of the right of search Great Britain Now
he would refer the gentleman from Pennsylvania to
the language held by the Courier DDS Etats Unis a
paper of eminent ability well as public spirit. -
w hen commenting the provisions of this treaty,
mat paper admitted tnat the nonOr OF the United
States the subject Of the right of search had been
effectuay preserved.
Here Mr.. T. read the passage from the Courier, in
English, follows:
''rhey 1.-THE United States] have equally trumphed
over the British exgencies IN the question of the right
of search The police OF the Of Africa will be
conducted hereafter by the vessels of the two nations
each for It's account. The two marines shall not
have over the other any rights but those resulting
from agreements special and reVocabe at any instant
Without doubt it may happen thai such or such an
American Minister shall be more complasant than
some others are towards the English marine and that
he may concede it the faculty of visiting American
vessels ala occasions and certain regions
but this would be permission, not right The fact
may occur, but the principle will not be compromised
thereby: the exception confirms the rule. That
which is written and implicitly stipulated is that Eng
land cannot visit the vessels Of the Americans that
she stop their save-rading vessels with
out authoritative ad hoe There will be two ma
| rlnes, which will carry on the police ofthe seas but
there will be any which do it for the 9th
ers or on the others. This the only course which
could be taken The United States will expend "a
little more money, but they have preserved their
honor"
Mr. INGERSOLL. What about the Creole?
Mr.. GUSHING. The gentlemen asked what
about the Creole1
| MIR. INGELSOLL. Has not the question on the
Creole been adjourned be ad listed in London!
| And if it has, why has it2
| Mr.. CUSHING We are discussing nowthe pro-
visions of the treaty. The gentleman has apne into
collateral questions, respecting which we have no do
cuments before US, any other data on which to form
| a judgment; and while the House and the country
| were without information, if the geniemln from
Pennsylvania attempted to prejudice one SID of the
question, Mr.. G. might the other. Sufficient for this
were its merits as before the House. TIE treaty
of Washington settled an immense number If ques-
tons; and far they adjusted it Vas in a
manner entirely consistent with the honor onhe Uni
| ted States The gentleman complained that there
were some questions which were not adiustedby it.
| Well, and what if there we're? Was 1t an objection
against the manner in which nine out of tel difficult
subjects had been arranged, that the tenthquestion
was not adjusted He invited the gentleAan from
Pennsylvania to adjourn his objections on his point
until the documents on the subject were officially
made public, and not proceed mere conjecture: he
| could not argue the question integently Without a
knowledge of the facts in the case Whenahe light
came it would appear that the acts of the President
and his Secretary of State such as TO present
mass of patriotism, dignity, and manly INDEPENDENCE,
that would command the admiration of poserity and
vigorous assertion of the rights of America citizens
which would entte the present Administration to APP
peal 10 coming age against false and rash judgments
now pronounced, and such would ensule to it on
| the page # history Immortality of fame
| MIR. lNGERSOLL. Is that an answer to my ,ues-
ton
Mr.. CUSHING. No The gentleman w,ud
| nave MS answer presently. MIR. T.. went on tosay
that he had hoped that the House would be conent
with the official action of the Senate in ratfying the
terms OF this convention without effort preiuce
the public mind before it could be in possession othe
true facts ofhe case and that case so deeply in-
voving the peace and repose of the MON wouldnot
thus prematurey be dragged into the arena of pocs.
When the correspondence appeared, he was content
1t would be that the Creole question was notld-
journed, but was settled like ippressment and he
other questions not embraced in the treaty, honorpy
| for the United States
Mr.. INGERSOLL here inquired how the trety
was to be understood in relation to demonstrating with
foreign powers against the slave trade
| Mr.. CUSHING said the gentleman was cutie as
competent to Judge of the construction of the term
of the treaty on that point he was.
| MIR. AND MRS. MICHARD'S Academy fo
lVl young ladies' f street, between 18th and 18Th
will reopen on the 9Th of September The studio,