Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-04-11


-. 80 ,rr,ose Il needs Interpretation, aud re-
oures no CT Comment. As iac--as a" important oceu
romeo in national intcfcou'se-It may nave ''"o'td
be.,,rys q. existing Gnestlons respecting the puoe
IaY. nj indiyduais or perhaps GoFeihu'eh's' ""!
-, . a. =, chat these bearings really are. Great
Bri,an has discuss ons, not controversies WIN o.uf
-reat E.ropeaa States, uron the suo!ec' .. E''' "
sh rh4.e States will naturally make Their o"h
o,o,s,,o,v on tic Treaty of Washington, and hFaw
-: $50, ,nf,rancas nom the fact that such treaty
b,, on cn;er.d INTO It's stIPn!a:ions ~ the hiea
time ra ,l.a explicit satisfactory TO both parties ana
wi; i. fn!ed the part ct the u ana u IS no'
doubted on -" Pe'' :" N''s@' A'''~'' 49,
utmost GOOD al': r.,r... !
The 70 be lie true character OF tie Treaty.
-. - use myself i:Gm entering lnI' the
rehabilitation OF the grounds al tina! claim "i Fisht
Ia v, merchant shps of CERTAIN purposes IN 'ih'e u
60 ,.,;ri, Lord itrrCesa asserts 10: the EfitiS' TO-
80 -, ,.t ares that 1t never surrender
r., asso, i, right nevertheless, and no more IMAM
NATL resnect!ui towards the British Government not
to leave the poia; without remark
| In h,s recent message 10 Congress, the President,
,oc'.,;nr 10 the language of Lord Aberdeen, in his
no,s TO Mr. Everett Of The 20'h Of December, lc4l'
and IN his late despatch 10 Mr. Fox, says, "these deca-
rs,,ons NAV well lead US TO doubt whether the apparent
difference between the two Governments Is not rathef
one of definition than OF principle
| Lord Aberdeen, in his note 10 you oil the 2Vih o.
Dsce,bpr saws ''.ae undersigned again renounces, as
he has ALREADY done in the most eXplic; terms, any
r,sh, IN the part Of The British Government, to search
Amor tcnn
search excep, hen specially conceded BY treaty,
o,r,y heliserent right and have no existence on
Inc high seas during peace The undersigned aPpfe-
bends however that the right OF search 's not con
fined 10 tie :erication nationality oil the vessel OUT
also extends 10 the object of the voyage and the nature
or ,be cargo The sole purpose Of the British cruisers
to ascertain whether the vessels they meet with are
really American not. The right asserted has, IN
,rg,h no resemblance to the right OF Search either IN
principle practice. 1t is SIMPLY right 10 SATISFY
40, EpG
truth that tho vessel actually is wa, her cours
nounce THIS right conceGe as freely as We exer
clse The British cruisers not Instructed 10 detain
American vessels. under any circumstances Whatever
an the contrary .icr are abstain from inter
ference with them, they slavcrs otherwise. ui
where reasonable suspicion exists, that The American
dag ras been abused for the purpose OF covering lie
vessel Of another nation, 1t would appear scarcely ere
dtbe, had 1t not been made manifest by the repeated
proesations of their representative, that the Govern
men, Of the l. S. which has strgmatized and abolish
ed the trade itself, should object to the adoption OF
such indispensably necessary for uscer'
tanning the truth.
And in his recent despatch to Mr. Fox, his Lordshp
further says "hat the President might be assured that
Great Britain would always respect the Just CLAIMS oil
the Uaied States that the British Government made
no p7etension 10 interfere any manner whatever,
either BY detention, visit, search wlth vessels OF
the United States known believed TO he such: bui
that II st maintained, and would exercise when ne
cesssry, its right 10 ascertain the commences oil
any flag which suspected vessel might bear; that II,
in the exercise of this right, either from involuntary
error spite of every pfecau,Ion loss or INJURY,
/ should be sustained, prompt reparation would be
afforded; but that il should entertain, for single IN
slant. the notion OF abandoning the right ITSELF would
! be quite Impossible.
THIS, the the British claim rs asserted by ier
Mslestys Government.
Ia his remarks in the speech already referred to, in
the House Of Commons the first Minister Of the Crown
said "rhsre nothing distinct than the right of
visit is f.o:a -" right of search Search is bell &C.
rat rieb,, a. not to be exercised in time Of peace,
cxcrpl wien :, has been conceded By treaty. The
gh Of search ~."nds, rot only to the vessel bn; 10
the cargo also right Of vs;; cutie distinct from
,his ,hongh the tn.,are often corfcurGed The -gii.
Of search, wih respec' to American vessels, we entire
IL and utterly ciscair nay, more II W. knew that IN
me vessel fa-aisied with all the materials
requisite for The slayetrnde knew that the decks
were prepared TO receive hundreds Of human beings,
w.hin space in which life IS almost impossible still
we should be bound n le, that American vessel pass
on. Bu the right We claim is TO know whethera res
sci pretending to he American and hosting The Ar,e
rlcan lag be toan .fde American
The Presidents message is regarded as holding OPT
mons in opposition to these.
The British Government then supposes that the
rirh Of 7s; and th. right Of search essentially
distinct IN their nature, and tina, this difference is we'll
anown and generally ackno wledged; that the diff
renee between them consists their different objects
and purposes one the visit, having for It's object
thing bal 10 ascertain the nationality oil VrSse
other, the Search being iaqGisitio0 not only INTO
the nationality o. the vessel. bat the and
objects OF her voyage, and the true ownership OF her
cargo
The Government OF the United States, the Other
hand maintains ,ha; there s no such well known end
ackow ged, indeed, any broad and genuine d-
ference between hat bee usually called visit. and
what has been usually called search; That the right OF
VISIT, be e.eclua,, 8ust in the end 10 include
Search and thus TO exercise, IN peace an authority
which tie las II nations only allows in tne Of war
II such well kaown distinction exists, who're are the
proofs al il. writers oi authority the public
law what Authorizations III courts ot Admiralty, what
public treat,es r-cu,:2- II: W such recognition has
presented IT, u 3" il- Government ot the u. States;
bat. TIC contrary. !, understands that public "s'e's,
courts Of law and sole tca,;es have, Tor
RES used thr words ''vs;," and search in the
sense. What Great Britain aud The United States,
by the r,ght of search IN lis brnades; sense
called by Continental writer's and jIrs,s by other
name than tie "r,sht OF visit VISIT, therefore,
Gas been Understood, Plies only right TO inquire
into the national character, bu to detain the vessel, TO
stop the progress Of the voyage, 10 papers,
decide heir regularity and authenticity and to make
/ inquison on board, for enemys property, and into
the business which the vessel is engaged in. In other
words describes the entire right of bellgerent vis
taon and search. Snch right is justly disclamed
by the British Government IN time of peace. They,
hpless, INSIST on right which they denomDa,e
rsht os visit and by that wcrd describe the claim
Y
Importance aud dccacy Of the questions involved To
TAX" tict, IN discussing them, both Governments
understand the ierns which may b. used in the
sense II, indeed 1t should he manifest that the dlt-
ference between the parties only verbil, might be
| hoped that no harm would De done but the Govern
,nent Of the United States thinks itself not Justly
chargeatle with excessive Jealousy, or with too great
scrupnlosi'y IN the OF words, IN insisting its
opinion that there is such distinction, the British
Government, nantans hrtvecn visit and search; and
that there IS rgit To visit "a time Of peace, except
in the execution oil revenue laws, other municipal
uulaons, in winch the right is usually exercised
near the coast, within the nsa.lae league, where
the vesse! is Justly suspected Of violating tie law Of
nations by pira,.ca! aggression an;, wherever exc.
cscd riet; of search. Nor tn United States
Government agree that The term "fight is Justly APP
Piled TO such exercise of power, az the British Go
vernmen thinks ii indispensable TO maintain in certain
cases
The right asserted is right TO ascertain whether
merchan, vessel is Justly entitled 10 the protection Of
the flag which she may happen to have hoisted such