The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-03-19

THE RIGHT OF SEARCH.

HE hiGHI OF SEARCH.
The refusal of the French Chamber of Deputies to
rafy the treaty relative to the right of search, has
placed that question in position most interesting,
and to this country highly gratifying. 1t the de-
sign of England to lay false issue before the nations
of Europe to represent the United States unwil-
ling to enter into the proposed agreement because OF
their desire to continue the Slave Trade; and thus
the Republic of the West was to be singled out to
bear the reproaches of the civilized world, and her
resistance against unwarrantable encroachment was
to be stigmatsed as an outrage against humanity
Our Minister at Paris, Gen. Cass, took prompt
measures to have the real question understood. He
published pamphlet exhibiting the true state of the
case, and caused it to be widely circulated. The
French made to see that England had Interior
objects in view that it the absolute dominion oil
the seas she aiming after-a supremacy so COM
plete that no flag, if her pretensions were allowed,
could be unfured upon the except by her per-
mission; that the right of search which she claimed,
though nominally nothing more than what she was
willing to concede to other powers, was in fact
right which would enure to her exclusive advantage;
that the United States as much disposed Eng
land to suppress the Slade Trade and that their
laws against it were not only those Of any
other nation, but that they also enacted first
and that this country in resisting the right of search,
claimed in this case, was acting with perfect
sistcncy, and indicating her rights and the rights
of neutas upon the painest principles Of the laws of
nations. &l
The effect of these expostions was to open the eyes
Of the French people M. Guizot, M. Theirs, and
others of the ablest statesmen of France took decided
ground against the ratification of the treaty. M.
Theirs remarked:
al am uneasy when see this America thus firm
and susceptbleindeed susceptibility belongs to firm
ness. And we, (the Frensh) we who were the ma
ton which, for three hundred years sustained invio
lably the rights of neutraity-who have sustained
them by negotiations and by varwho for that great
end have formed extensive Coalitions that of1780 and
that of l80O-are now tc become the approvers
of treaty which America re,ulses And it is Anne
RIGA that defends the rights ofneutrals against all the
world-against France herselil There is lesson in
this profoundly instructive the rights of neutras
were not deeply implicated, Il ask why America
should resist? Yes she does resist to the risk
Of possibility, nay, probabilit. of a war;"
In the course of the same debate NJ. Guizot said:
"But the United States have in their present resist
ance to the claim of visit, reason, M. Theirs
has not recollected. England claims in the vessels
of the United States, a right of inpressment; Eng
land maintains that where, for any reason whatever
she has the right to examine an American ship, she
has the right to seek for English leserers to take
them, and send them to England She does not
claim the right to enter the American vessels with
this special object No, she does iot go so far, but
she contends that whenever she enters an American
ship for any purpose whatever she exercise the
right of impressmen upon all the English sailors she
may find aboard
sHere is the great motive of the energetic resist
of the Americans to the EngliA right Of entry
under whatever form and under whatever pretext it
is presented, and in my opinion the 4sricans right.
If the English claimed to come to eek English sail
ors on board French vessels, certaily should re-
sist like the Americans"
1t is said that every newspaper IN Paris except one
Ia religious journal-upholds the American Gov
eminent in its course of resistance.
The correspondents Of the New York Express says:
sThe action of the French Chamber, partially
stimulated by Mr. Cass, who, the Lonon Times says,
has been very busy, employing sall the machinery
of intrigue to enlist France amongst the protectors
Of the infamous commerce. has been host oppOrtune.
Great Britain had wanted the five greet Powers, I'M
der the stimulation of suppressing tho Slave Trade
to form treaty, the effect OF which wtuld have been
10 give her the lead, in what she m6t wants. the
right of search in American vessels. France zone of
these Powers, opens her eyes to the real object Of
Great Britain, and has not yet concluded to ratify
the Treaty, in which step, doubt, SIC will be fol-
lowed anon by some, if not all the othe powers, who
have desire to play into the hands Great Brit
ain at the expense of the United States"
1t is worthy of note that portion Of the English
press are beginning to doubt of the pDprety Of the
British assumptions. The London Spectator, one of
the ablest of the English journals, ges far to
contend that the claim set up by Lons Palmerston
and Aberdeen is untenable and ought toe abandoned
The Spectator denies that the questofshOuld be
sidered merely with reference to the save trade and
says that the repugnance of the Americans arises,
very naturally and justly, in great leasure, from
the exceedingly possible extension ofthe search to
British seamen. The Spectator cite Martens-a
high continental authority on international law
against the claim where he says that he protection
Of the simple fag-"le simple partition me,tre" can
only be disregarded in time of war land clearly
defines the right of visitation beligsent right ex
clusively.
The authority of distinguished Britia judge, Lord
Stowel is still more clearly to the point
at is said that every country has rht to enforce
its own navigation laws and so it celainy has, so
far as it does not interfere with the rights Of others
1t has right to see that its vessels e duly nav
gated, but it has right in consequence to vis and
search all the apparent vessels of othe countries on
the high SEAS in order to institute injury whether
they are not in truth British vessels violating British
laws. No such right has ever been cltimd, nor can
it be exercised without the oppressionof terrupting
and harassing the real and lawful navigation of other
countries It is no objection to say that British ships
may thus by disguise elude the obligations of British
law. The answer Of the foreigner ready-that You
have no right provide against that inconvenience by
imposing burden upon his navigation"
This ought to be good authority in Great Britain.
1t is altogether to the point, and covers the whole
issue.
From the feu York Sun.
THE NAVY.
In looking about for the mans OF defending our