Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1843-05-26
THE RIGHT OF SEARCH.



Washington, Fbru7ry 26M.
And now to tho main question the right of
risaton. Mr.. e. said he was obliged, by the short
reninan, of the hour, to condense his views into
the smallest conipuss possible.
The question has hitherto been presented MS u
British question: British claim, in which we
had no share-as British aggression, by which
we alone could be The injured party. He should
present il as an American question, as an Aner-
can right, against all the world lie should not
subject himself TO the imputaon, frequently
and hippanty nnle. against those whose only
desire is that their country should always stand in
The right, as well as for The ,ight. lie now rose TO
assert and supper, All American right.
To exhibit more distinctly the views he enter
tanned, he requested the amendment he had offer
ed should be read at the Clerks table and it was
read MS loows
".4nd be IL further endcied, That it shall he the
duty of the commander OF each of the vessels of
said naval force 10 visit all vessels found OH the
coast of Africa, or within one hundred leagues
thereof which he shall have reason to suspect 10
be american, aud 10 be Engaged in The Stare Trade,
Tor The sole purpose OF nscertalning whether such
vessels be american; and if found not to be A
mercan, such commander shall give to the cap
tain of The vessel SO visited certificate, stating
the name of his vessel, the name and rank of the
commander, the date of the VISIT and the time of
detention of the vessel visited; a memorandum of
which visit with his reason therefor, he shall enter
in his logbook, and report the same TO the Secre-
tary of the Navy"
This amendtnent, he sail, contained the princi-
plies for which every American, sincerely DESTROYS
of putting an end 10 the Infamous slave trade,
ought to contend. In contained the principle for
which he should contend, whatever might be the
popular notions in high or low places.
We have long ago declared the slave trade to
be piracy. By the treaty of Client we solemnlp
engage TO Use our utmost endeavors for its dbpli-
lion and to that great end the treaty of Wash
ington provides for sending squadron Of eighty
guns TO the coast OF Africa, aud TO maintain it
there for what specific purpose? To capture
american veSssis engaged in The SLAVE trade And,
sir, how is that most humane, most philanthropic
purpose to be effeciually executed? DO you sup.
pose that al American vessel, in sight of this A
merican squadron, will hoist American coors? p
No, sir, that is the craft of this nelarious trade
She will show any colors but American. And
yet it is commended, aud for ausht we know it may
be made war point that the flag shall protect
the ship from all further inquiry. The question
already made comes 10 this: the flag shall protect
the ship. Ii is question of right III which there
are no degrees. We have or have not the right,
on reasonable grounds of Suspicion, to inquire
whether The flag belongs TO the ship. Ii we have
not this right what is the use OF our squadron
there? The object is to seize American vessels.
How can the Tact be ascerlalned it we have only
the privilege OF looking at the flag! Our vessels
approach u vessel, evidently SLAYER, on the coast
OF Africa, under full SAIL gun is fired ahead
she keeps on her way second gun is irel she
HOSTS more sail. What is our commander to do
Walk the quarter deck ill she is out OF sight. lie
may read The Sarah Ann, OF New York. or more
appropriately, of Baltimore, Ia laugh, OH her stern,
and yet according 10 certain doctrines vehemently
maintained, he has no right 10 lire d third gum
The station of our squadron and every vessel in it
will he known to the SayerS who will have the
flag of n dozen nations on board not one OF which
shall belong 10 this country or either OF the Quin-
upes. The right Of visitation, il must be cOnce.
ded, is absolutely necessary 10 the performance OF
our treaty obligations, aud 10 give the least value
to our African squadron
On what ground is that ri ght cOnirOverted? Ii
Is said that il is d qualified right OF seaich and
that by the law OF nations the right of search is
belligerent right to he exercised only in time Of
war Names ure nothing call il tbs right of Wis
tulon or The right Of searclI-what in tact is it
1t Is light to ask vessel on the ocean who are
you 10 what nation d. you belong: II you
have no public interaSt TO inquire farther, you
have no right 10 make further inquiry. You are
in search OF pirates who have recently pundered
your vessels and murdered their crews you meet
q suspicious vessel: she answers your hail by
hosting British coOrs and is that 10 satisfy you
No sir; you have right 10 make every inquiry
TO ascertain the true chart cter OF every vessel
suspected 10 be pirate-Io ascertain whether she
really be fair trader or pirate. You Lave pub
lie interest IN tho inquiry; and nuke II for the
proper purpose: tins is the right claimed, call it
by what name you please. In The present case all
we claim against other nations is the right TO visit
u vessel 10 ascertain whether she be American I;
we have apubic interest in the question, AS much
as IN any case OF piracy.
| But what are the laws OF nations? Do they
derive their force from the conventions OF nations !?
They rules for the regulation ofthe intercourse
among nations in all existing relations. Whep
new relations arise, the rules which best adap-
| ted 10 the convenience aud safely Of nations be-
come the law of nations As 10 old relations,
those laws are called the usuges of nations when
new relations arise, each nation judges for itself
and Is responsible for the propriely OF lis judg-
inent New relations have recently sprung up ;
and what are they? Such as grow out OF the fact
that the United States had declared war against
piracy. The declaration affected the United
States themselves but did il not also establish
relations which those nations are bound TO re-
spect' Assuredy. He held that they we're hound
10 respect them while the United States were en-
titled to carry out their own rights in such man
ner as should least interfere with those of others,
] and how was this to be done? Was the flag in