The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-18

'&'N~ ~ t@N1P't$A
line of steamers between Havre and New York.
RIGHT OF SEAKeH.-The London Times copie.
an article from the Evening Post" of this city
which it praises thus, as a good British view o
the question -
"Riour OF SEARCH 1t is consolins to the friend
of peace to observe that the doctrines propeunde t
by Mr.. Stevenson and the Government OF America
on g the right of search in the African Seas" d.
not met with universal concurrence even In th'
political atmosphere Of the United States. w,
quote the following article from the New Yorl
Evening Post, for the purpose OF showing that TIT
more sensible and prudent part Of the American
public are inclined To renounce the more vlol"n
dogmas Of heir Government, and to admit that I'M
bare fa,t Of hoisting an American nag can never b
Ju.tifably considered asa protection 10 the pirate
or SLAYER that carries il. We are afrsid. however
that on the o,her side Of the Atlantic, where there
has been an excitement OF PreJudices and An eXas'
perHtion of passions which It would have been
much wiser never to have awakened from their ar
parent TOT por, it will be difficult to convince our
irritable brethren ofthe broad sheet that there is an
UNNECESSARILY wide difference between the right Of
search, against which they so strenuously con.
tende ! in the years which interviewed between 1851
and 1891, and the right of search which they now
repudiate in lS4I. The article, which we are going
to quote, would be excellent even in a British view
of the question but being descriptive Of an Amer
lean view Of il, the reasoning which II contains be-
comes really in invaluable. We the arti-
Gle, Notwithstanding its prolixity, to the most
Careful perusal oil our readers.
The Right of Search.
LORD AnEnsEEr's REPLY TO THE noTE OF Mr.. STEVENSON.
The undersigned, sc. has the honor of addressing Mr..
Everett, &s, the observations which he feels called upon
to make in answer to the note Of Mr.. Stevenson, dated
on the ~ st Of October.
As that communica alton only reached the hands Of the
undersigned on the day after the departure Of Mr.. Ste.
venson from London, Oh his return TO America, and as
there has since been no Minister or Charge d'Ahsirs
from the United States resident in this country, the un
dorsigned has looked with some anxiety for the arriva al
Of Mr.. Everett, in order that he might be- enabled to re-
new his diplomatic intercourse with an accredited repre-.
sentative Of the Republic. Had the undersigned enter.
tanned no other purpose than to controvert the argu-
ments Of Mr.. Stevenson, or to fortify his own, in treating
of the matter which has formed the subject of their cor
respondence. he would have experienced little impa-
tience; but, as it is hs desire to clear up doubt and to re.
move misapprehension, he feels that he cannot too early
svail himself 1.-THE presence Of Mr.. Everett at his post
to bring to his knowledge the true state Of the question
at issue.
The undersigned agrees with Mr.. Stevenson in the
importance OF arriving at clear understanding of the
matter really in dispute. This ought to be the first OBJ
iect in the differences of states, as we'll as of individuals;
and, happily, it is often the 6rst step to the reconcilia.
,ion of the parties. In the present case, this understand
ing is doubly essential, because a continuance OF mis-
take and error may be productive OF the NEST serious
consequences.
Mr. stevenson per sists in contending, thai. the British
Government assert a right which is equivalent to the
claim Of searching American vessels in time Of peace
In prsoi of this, Mr.. Stevenson refers to q passage in a
former note Of Viscount PalmcrstoD, addressed to him
self, against which he strongly protests. and the doc
trins contained in which, he say the undersigned
Is understood to affirm.
Now il is not the intention of the undersigned to in
qnire into the precise import and force ofthe expressions
OF vi.count Falmerston. These might have been easily
explainedt to MIR. Stevenson, by their author, at the time
they were written; but the undersigned must request
that his doctrines upon this sutject, and those Of the
government Of which he is the organ, may be judged OF
exclusively frsm his own declarations.
The undersigned again renounces AZ he has already
done, in the most explicit terms, any right on the part of
the.B British Government to search American vessels in
tins OF peace. The right Of search, except when speci
ally conceded by treaty, is a purely Sell gerent right,
The undersigned apprehends, however, that the right OF
search u not confined to the verihcation Of the nation
Atty Of the vessel, but also extends to the object Of the
voy age and the nature OF the cargo. The sole purpose
fine British cruisers is 10 ascertain whether the YES.
sells they meet with are really America an or not. The
right asserted has, in truth, no resemblance to the right
| ofsearch either in principle or in practice. 1t is simply
a right to satisfy the party who has a legitimate interest
in knowing the truth that the vessel is what her colours
announce. This right we concede as freely as we exer
else. The British cruisers are not instructed to detalr
American vessels under any circumstances whatever
on the contrary, they are ordered TO abstain from all in
reference with them, be they slavers or otherwise But
where ress 'nable suspicion exists that the America
xsss.el Of a ueen ns,;on' = Il would " fJ' a~near scsrcelv csed Il
BILE, had it not been made manifest by the repeated pro
testations OF their representative. that the Government
fthe United States. which has stigma,Ised and abolish
ed the trade itself, should shject to the a 'option Of such
means as are indispensably necessary for sscertaining
thstruth.
The undersigned had commended, in his former note,
that the legitimate inference from the arguments OF Mr..
Stevenson would practically extend even to the sanction
of piracy, when the persons engaged in it should think
fit TO shelter themselves under the Nag OF the United
States. Mr.. Stevenson observes that this is a misaPpre'
hensiop on the part of the undersigned and he declares
that in denying the right of interfering with vessels
under the American h,g he intended to limit his Office
ton to vessels bona hde American, and not to hose be
sumed the flag of the United States. But ii appears 10 thu
Undersigned, that his former statement is by no mean
satisfactorily controverted by the declaration Of Mr.
Stevenson. Ho W is this bona 6de TO be proved 2 Mus
not Mr.. Stevenson either be prepared to maintain tina
the flag alone is SUI icient evidence of the nationality o.
tho vacsal uhirh in tho facp of his NUN reDeat0 I'd
admissions, he cannot do, or must he not confess
that the application Of his arguments would really
afford protection to every lawless and piratical en-
terprise
Inc undersigned had also expressed his belief, that the
practice was general OF ascertsing, by visit, the real
character of any vessel on the high seas against which
there should exist reasonable ground Of suspicion. Mr..
Stevenson denies this, and he asks what other nation
than Great Britain has ever asserted or attempted to
exercise such a right. In answer to this question, the
undersigned can at once refer TO the avowed and Coz
slant prsctice of the United States, whose cruisers, espe
ciaIIv in Gulf Of Mexico, BY the admission oftheir public
Journals, are VIGOROUSLY in the habit OF examining ell
suspicious vessels, whether sailing under the English
or any other. Ia whose eyes are these vessels suspi
cious1 Doubtless in those Of the commanders Of the
American cruisers. But, in truth, this right il quite as
important 10 the United States as 10 Great Britain nor 10
it easy to conceive how lthe maritime intercourse Of
mankind could be safely carried on without such q
check.
tcan scarcely be necessary to remind Mr.. Everett,
that the right thus claimed by Great Britain is not ex'
erciui for any selfish purpose. 1t is asserted in the in.
terest Of humanity, and in mitigation of the suherings
=" AA Ak~
cnrrence Of the whole civilized world, including the
United States Of America, and it ought to receive uni
versal assistance and support.
The Undersigned cannot abstain here from referring
TO A the conduct Of an honorable and jealous officer, com.
handing the naval force Of the United States on the
coast Of Africa. who, rely ing On the sincere desire Of his
Government for the suppression OF the slave trade, and
sensible Of tho abuse Of the Americ an flag, entered into
an engagement on the 18th of March, ls40, with the ON
Ger in command Of her Msjesiy's cruisers on the same
statisn, by which they mutually requested each other;
and agreed to detain all vessels under American colors
l. To- u rnfEn II foVnA N h n an Dr0DSrs
IT,, such vessels were to be delivered over to the com.
mander Of any American cruiser on the station OF, u
belonging te other nations, they were TO be dealt WITH
according to the treaties contracted by her Majesty with
the respective states. The undersigned believes, and,
,ndesd, after the s,atementsof Mr., stevenson, he regrets
to be unable to doubt. that the conduct OF this gallant Of
| 6crr. however natural aud lsudable in Its object, has
| been dissvowed ny his Government.
II is not the intention OF the undersigned, at present, to
sdvocats the justice snd ~propriety Of the mutual right Of
search. AZ conceded and regulated by treaty or ID
weigh the reasons on acc onnt Of which this proposal hal
| been rejected by the Government efthe U. States. HI
| took occasion. in a former note, to observe, that conces
sioas sanctioned by Great Bri'ais and France, were no