Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-01-03
THE RIGHT OF SEARCH.

Correspondence transmitted by The Sec'y Of STATE
The correspondence on this subject between
Lord Pamerston and the late Minister to Grea
Britain, is exceedingly full and interesting. We
present below the principle points.
Lord Palmerston writes to Mr. Stevenson nc
knowlcdgng the receipt from him of notes COM
planning of the search and detention OH tho coast
m Africa OF sundry u. S. vessels Lord Palmer
sion acknowledges that 'the detention of u. s.
slave trading vessels is in The abstract Irregular
but alledges special agreement between tho com
manding officers OIL. Nj. ships on the coast with
commander Payne, of The u. 5. Navy, for seurch-
ing and deaining ships found trading in slaves,
and proceeds TO the proof that the Douglass was
slave trading vessel.
Mr.. Stevenson informs Lord Palmcrson that he
shall Immediately lay before the U. 5. Gov.
eminent his Lordship's letter. With regard
TO the alleged special agreement, however, Mr..
Stevenson says lac Lad no other information than
that contained in his notes.
Lord PWres tran shifting to Mr.. Stevenson n
copy OF the agreement entered into between Capt.
Tucker OF II. b. NJ. sloop Wolverine, mud Lieut..
Payne of the U. S. slip of war Grampus.
Lord Pamerston IN reply to complaint from
tie American minister, of The seizure aud deien
ton of the merchant ship Susan, says that his Gov.
eminent does not claim the right TO search Amer
lean merchantmen, and if such cases have occur
red they were irregular and cannot occur again.
But he alleges there is All essential difference he
tween searching vessel aud examining her pa
psrs TO see If she be entitled the projection of
.iIie country whose flag she had hoised at the time
-lier Malestys Government acknowledge that The
rights OF The u. 3 Tag exempt vessel from search
when she is provided with papers emitting her to
wear that flag; but in order to ascertain this it is
necessary that her Iapers be examined, aud TO This
lie is pursuaded the u. 5. Government cannot oh
Ject. Lord p. hopes that the day is not far distant
when the u ). Government will look 10 things
Il rI.f
entire distinction between that rigllt of search
which has heretofore been subject OF discussion,
and that right OF search which almost all other
Christian nations have granted each ollpr for the
suppression OF the slave trade will Join the Chris
tlan league, and no longer permit her vessels 10 he
engaged in undertakings which her laws punish MS
piracy.
Mr.. Stevenson writes to Lord Aberdeen express
sing his surprise at the ground assumed by tho late
British Secretary and denying the right asserted
III his last communication. The precise nature OF
The right clnlmed is 10 board and detain all peSseis
Tor the purpose OF nscertaining by an examination
olthelr papers their national character aud of deci-
ding whether they are entitled to the protection
OF The nag oil the country under which thew sail
The distinction attempted to he made between the
right of search and the right Of visitation for ibi,
purpose, is declared 10 be wholly fictitious; and
indeed the latter is thought to be more odious ant
insulting than the former, which is purely beg
eIent TIsIli ana cannot be enforced IN time Of
peace. The principles OF public law, Mr.. Steven.
son contends, expressly declare that the We ses
oil nations In time of peace in navigating the ocear
shall be exempt from every species and purpose
of interruption and detention unless engaged in some
traffic contrary 10 The law of nations, or express
ly provided for by treaty or compact Although
Piracy is admitted to be an offence against The
public law, still our Minister contends that all nj
Tacies are not offences against the law of nations
Piracy by international law, and that made suc
by the municipal law Of any State, are OF an es.
scntiay different character. Hence il is that tb,
latter can only be tried by The country within
whose jurisdiction on board of whose ships OF
the ocean the offence may have been committed
The slave trade, he says, is not cognzublo under
the law of nations. Although prohibited by mos
nations and declared TO be piracy by their laws, i
49, yet not mn offence against the public law; ant
cannot be enforced by the ordinary right OF vista
lion, detention, or other search, il might be iii
was piracy by the law of nalious. MIR. Stevenson
proceeds 10 establish this point by citations Il on
eminent BRUSH writers. The slave trade, he SAYS
is lawful 10 all Governments who have no. forbid
den il.
The right then claimed by the British, derive
no support from the principles of public law. bat f,
left 10 stand upon the ground oferpedencu and ne
cessly, as the means ofexecu,ing the existing trea
ties for The suppression of the slave trade. Wheth
or this be SO or not, Mr. Stevenson says he has M
'peaps ofjudging, and deems it therefore nnnec