Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-22

hin, In take IN their lordshps time, 10y Offering any OBJ
,,rYa,ions unless he should find II necessary to reply
10 The remarks Of any noble and learned lord who
mjchl perAaps take different view oi the question
If no objection should be made 10 the opinions gwen by
his noble and learned friends, II would be unnecessary
for Inn 10 add any thing 10 what was already so well
said.
| The Lord Chancellor said, that he the only
other snoblc and learned lord present, he presumed
his noble and learned friend alluded to him Ii SO, all
he had 10 say was, that he most fully concurred III
vbot had been advanced by the noble and learned lords
who had addressed their lordships on THIS question
Lord Bronpham said, he had reason 10 know that
the noble and learned lords, one oi whom mad been
Chief Justice of the Common Pleas and the other who
was now the Chief Baron OF the Excheqne, entertain
ed opinions similar 10 those which he and his noble
and learned friend had expressed on this subject lie
would now with leave oihe House, withdraw his mo-
(Eron .ae y: j. HrraMJ
OR Difficulties cih Ensioni-Ihc Case cfhc Creole
The Rieh Of Search.
Il would be worse than atectaton to deny that never
since Immediately preceding the last war, have our
lations with England assumed unpleasant and SO
gloomy a prospect as they do at this moment.
| The firm and decided position taken by the British
Minister for Foreign Affairs, speaking for the whole
of the Government in his place in the House of
ords on the nipht OF the lIlh of February, and the
endorsement of all he said by the law lords
the highest legal authority of Great Brtaln-evi-
IDENTIFY prove that the British Government have made
up their minds in the matter of the Creoe-'nvolving
as il does the whole question OF the night OF search
and that they are determined not 10 yield an inch
And is equally certain from the manner and tone OF
those law lords that there concert OF action and
previous understanding out of the House of Lords
among the whole OF them, Wings and Tories, 10 sus-
tain the Government the position II has taken on
this Question So that if blow is struck between the
Two countries, it may be account OF the Creole ne
roes; about which they think that the people OF this
country are divided and in which event they also think
they would have all the other powers OF Europe with
them. In this view, however, they are Mistaken be-
cause, however may differ in sections about the alb
strac question of slavery, let hut the war begin and
this country, from the Maine Boundary 10 the Sabine,
and back 10 the Rocky Mountains, would be united as
one man, with the exception, perhaps, OF few misera
BILE Aboonists who could not offer the obstruction oil
feather against n whirlwnd. We have received so
many gross insults from Great Britan--we have So
many wrongs to redress that quarter, that il would
take but little TO raise an universal cry of war through
ont this nation within month. And in the event OF q
war France would, Judging from the present appear
ances lake part with the L. S. 1t is that Louis
Philippe may be inclined 10 sign the Treaty OF the Five
Powers, for the ACKNOWLEDGEMENT and pcrpetuaiIon oil
European Monarchies but the face Of the deonstra
tons made in the Chamber Of Deputies against such
STEP we hardly think, brave he is, that he Will be
bold and hazardous enough 10 commit so rash an act;
| md one which might result IN his expulsion from the
throne.
We were the first and only paper to give, immediate
Is on the arrival Of the Clyde abstract OF the debate
IN the House of Lords; and the outside Of this day
paper we rive the debate IN erienso To the legal OPT
mons there given call attention, because IN the
| first place, they show the whole ground which the
British Government intends 10 take IN the matter; and
brcause many Of the positions there taken can easily
be controvefied and others shown to have no real
bearing upon this OF the Creole.
IL is not intention to-day Dor have not spnce)
10 30 into detailed analysis of The points raised; but
as our opponents have quoted the opinions of Judge
Story and other American jurIss against US, we Will
quote the opinion of Lord Stowe tue most learned
/ Admiralty Judge England ever had, against them.
1t was solemn!y decided by Lord Stowe that the prin
cipie of the right OF search could be claimed
right in time Of peace and could only exist cs conven-
tona a,rangeme mt; and yet 6 Britain claims this
right as part Of the law of nations. She further insists
tina, she has right TO carry on, this soca led law to It's
fullest extent, she being the seli-constucd Murine
IEaA Constatie If the ro,id. Can nsolence and gno.
rance 90 further: Yes they have. For the London
Timcs-,hc organ OF the British Government, a. !!
speaking BY authority says that it is idle for the Uni
ted States to complain against the exercise of this law,
or TO offer any opposition 10 lis enforcement, because
i, has been established without her and in spite
of her reonstrances and that II she chooses TO resent
IT, she will suffer for H. because, although she has tired
: war with England singh handed, yet that n war be-
tween tie United States on the one hand and all Eu
rope on the other would be astonishing novelty to
this country. We admit the fact. II would be no
veltv: so great novelty that we doubt very much II
OF the oCitOTS oil lle 'LOUuOH ilileS VIII cNe'
live 10 it.
Blu, now lei lis see what is the precise language held
hy Lord Stowcll upon this newfangpd claim 10 the
right of search in time of peace In deciding upon
the case of French vessel seized upon the coast OF
Africa lie expressly says that such right 'ras IN
kno,-u 10 the la,c of nations aad here his precise
words:
| "No nation can exercise right of visitation and
search upon the common and unappropraied parts oil
the ocean, except upon the belligerent claim No ma
ton has the right force their way for the Liberation
of Africa by trampng upon the independence oil other
States on the pretence Of an eminent good, by means
that are unlawful, press forward 10 great prInc'-
PIE In BREATHING through other srtm Priaciptcs, whfch
stand in their 'cay'
/ Such language from ofthe most eminent Jufisls
that England ever had, should not now he lightly sci
al ught by the ruling powers of England; for Lord
Stowe was not the man. by his decisions, to attempt
TO restrain or lessen the maritime 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 to de,an vessel bearing the French
flag, and examine her Here again we have the follow.
ing explicit decision of Lord Stowe -
ait is said tina every country has right to enforce lis
own navigation laws; and it certainly has, SO Tar as
it does interfere with the rights of others 1t has
right to that It's own vessels are duly naVigated
hu, il has no right in consequence to visit and search
all the apparent vessels of other countries on the hgl
seas in order institute inquiry whether they are
not in truth British vessels violating British laws No
such right has been claimed nor can 1t be ever
cised wthou, the oppression of interrupng and har-
RAISING the real and lawful nav gaticn Of other coun-
tries. II is no objection say that British ships may
thus by disguise elude the obligations Of British law
The of the foreigner is eadythat you have no
right TO provide against that inconvenience by imposing
4 burthen upon his navigation.
Such, unq ucs,ionably is the only just and true law
of nations upon this subject such is the only decision
which common and common honesty could pos
sihy arrive at The right of search by this country
can never-w'll never be conceded By the U. States
while timber of he! navy, or rag of her bunting
las Lord Pamerston facctously calls it, floats upon
the Aud that officer of the British Navy who
attempts 10 enforce this pcposterous claim, does so al
his peril.
As have given the opinion Of Justly eminent
English jurist upon this perpexing point, may as
well give also the opinion OF the master spirit of the
British Cabnet-,he Duke of WelIing,on-upen the
same question In his place in the House of Lords, no
longer ago Than the 18th August, 1899, he said in rra'
IN his ypry