The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-15
NEW YORK HERALD.
new York, Tuesany. March is, IsAs.
Oar Dime ultiss with England.-rhs Case OF
the Crxole-The Right OF search.

ItwouId be worse than ahectation to deny that
never, since Immediately preceding the last war,
have our relations with Eagland assumed 30 unplea
SAINT and so gloomy prospect as they do al this mo-
ment.
The firm and decided position taken by the BRUSH
Minister for Foreign Affairs speaking fer the whoie
OF the government in his place IN Inc House o'
Lords on the night OF the 18th OF February ana 'he
endorse Of all he said by the seven law iords-
the highest legal authority OF Great bIi'ain-evi-
IDENTITY prove that the British Governmenthave made
m, ,he;r minds in the matter Of the Creole-invov-
ino "a il does the whole question of the right of
search and that they are determined to yield an
inch. and il is equally certain from the manner
and tone of those law lords that there a concert
of actor, and previous understanding out Of the
House of Lords, among the whole of them, wings
and tories TO sustain the Government the position
il has taken on this question. So that if blow is
struck between the two countries, it may be on
count OF the Creole negroes about which they think
that the people Of this couatry divided, and in
which event they also think they would have all the
other powers Of Europe with them. Ia this view,
however, they are mistaken; because, however we
may differ in sections about the abstract question of
slavery, let but the war begin, and this country from
the Maine Boundary to the Sabine, and back TO the
Rocky Mountains, would be united as man
with the exception, perhaps, OF few miserable
abolinonists who could not offer the obstruction Of
feather against whrlwind. We have received 60
many gross insults from Great Brltain-we have so
many wrongs TO redress in that quarter, that it
would take but little to raise universal cry OF war
Throughout this nation within month And in the
event of war, France would, judging from present
appearances, take part with the United States. II
is true that Louis Philippe may be inclined to sign
the Treaty of the Five Powers, for the aggrandize-
ment and perpetuation OF European Monarchies, but
IN the face OF the demonstrations made in the Cham
Der Of Deputies, against such step, we hardly
think, brave as he is that he will be bold and
hazardous enough TO commit so rash an act; and
one which might result in his expulsion from the
throne.
We were the first and only parer to give, imme-
diately the arrival of the Clyde, abstract of the
debate in the House of Lords; and the outside OF
this days paper, give that debate in erteso. To
1he legal opinions there given call attention. be-
cause in the first place they sh The whole ground
which the British Government intends TO take in the
matter; and because many Of the positions there
taken can easily be controverted; and Others, shown
to have real bearing upon this case of the
Creole
1t is not our intention to-day (for we have not
space) to 90 into detailed analysis Of the points
Jaised but our opponents have quoted the opin-
lons Of Judge Story and other American jurists
against as, will quote the opinion of Lord Stow.
ell, the most learned Admiralty Judge England ever
had, against them. II was solemnly decided by
Lord Stowel that the principle of the right Of search
could never be claimed as right in time Of peace,
and could only exist conventional arrangement
and yet Great Britain claims this right rs part
of the law of nations. She further insists that she
has right to carry out this so-caled law to its
fullest extent, she being the selfconstituted Marine
High Constable ofthe ,sorid. Can insolence and ig
noranee GO further Yes, they have! For the
London Times-the organ Of the British Govern
men as if speaking by authority, says that it is idle
for the United States 10 complain against the exer.
else OF this law, to offer any opposition to its en-
forcement, because it has been established without
her consent and in spite of her circumstances and
that II she chooses to resent it, she will suffer for
because, although she has tried war with England
sngle-handed yet that war between the United
States on the hand, and all Europe on the other,
would be An astonishing novelty to this country.
We admit the fact 1t would be a novelty; 90
great novelty that we doub! very much If any Of
the editors OF the " London Times" will ever live to
see il.
But now let US see what is the precise language
held by Lord Stowell upon this new tangled claim
TO the right of search in time of peace. In de-
Gliding upon the case of French vessel, seized upon
The coast of Africa, he expressly says that such
right ,ras ,mkno,cn 10 the lap Of nations, and here
are his pre- else words -
No nation exercise right of visitation search
upon the common and unsppropriaed parts OF the Ocean
ant npSln he bp tha
right force their way for the liberation OF Africa by
trsmpng upon the Independence of other states,
pretence Of emiaen good by means that unlaw.
full to forward TO great principle BY breaking
rsush oaev great principles, svhieh stand in heir ~sy
Such language from one of the most eminent iu-
Iists that England ever had, should not now be
lightly set nought by the ruling powers Of Eng
land for Lord S:owell was no, the man, by his de-
cisiens, to attempt to restrain lessen the mara.
time power of Great Britain. In the case of lie
Louis, the question came up explicitly and turned
upon the right of an English vessel Of war to detain
a vessel bearing the French flag, and examine her
Here again. we have the following explicit decision
of Lord Stowell:-
is said that every country has right enforce il,
own navigation laws and SO it certainly has il
does not Interfere with the rights Of others It has
right to see that ITS own vessels duly navigstej
hiss right in consequence TO visit and search all
apparent vessels Of other countries the high seas
order to institute inquiry whether they not in
truth British vessels violating British laws No such
right has been claimed, can it be exercised
without the oppression Of interrupting and hsrrassng
the real and lawful navigation of other countries 1t
no objection to that British ships may thus by dis
guise eude the obligations OF British law The
OF the foreigner is rsadythst you have right pro-
vide against that Inconvenience by imposing burthen
upon HIS navigation.
Such, uaquestionably is the only just and true
law OF nations upon this subject such is the only de-
clson which common sense and common honesty
could possibly arrive at The right of search by this
country can never-wil never be conceded by the
United States, while timber Of her navy, or rag
et her bunting las Lord Palmerson acetiously calls
ny floats upon the ocean. And that officer of the
British Navy, who attempts TO enforce this prepoete-
rous claim, does $50 at his peril.
As we have piyen the opipion of n mail. .-.-.