Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-04
MISCELLANEOUS.
TIE RIGHT OF VISITATION.


search The want of cofrec, aud definite ideas the
subject is doubt OWING. IN great degree, 10 Inc
novelty Of the clam advanced.
The claim tue right OF visitation was ABLY re
sisted by our Foreign Minister in England, MIR Sic
yeuson-and our present Chef Magistrate has most
Justly and openly characterized II III one OF hs messi
ges as Interpolation in the maritime CODE OF IA
lions The question whether ihs ground assumed
during the last aud present Administration, can De
maintained: Or, must we reccde from ~
Let US consider these two alleged rights, distinctly
and separately, IN The manner that Tie bt'iis
Government asserts them.
The rrht o. search beliFge:cht right, exercised
by nation at war The OBJECT Of 1t is 30 enable IA
ton to detect the properly ct ''s enemy OF Tie hi@h
seas or 10 prevent IT'S enemy from being supplied bg
neurals with the munitions of war Like all rEhls II
has remedy: resistance To 1t rs considered By the
British Admiralty Courts, good cause OF coniisca
ton: and no matter what Inconvenience or danger
neutral may suffer from proper exercise OF tins r'gn
it has no claim TO compensation ur Indcmnt y.
il is evident that THIS is very important rgat, AID
the proper limits Of II have been the subject OF e!aho
rate discussion II has been found, practice, so Ia
bic to abuse that the mode Of It's al
most universally made the subject Of express and ca"
;inus s,,pulaous ~ treaties. SUCH s!ipuau'ns art
contained almost al! our formal treaties with foreign
powers
THIS right of search is clearly LAID down hy writer:
on the lay OF nations n hegerem right, and tie
reason upon winch founded gwen, VIZ: the right
of nacn at 10 capture the property oil It's enem,
on the high
The pretended right Of visitation is not urged
belcerent rght and therefore cannot be supported on
the same grouni of rlgh; 10 capture enemy pro
party 1t right TO be exercised not unl; under CIR
cumsances Of ency for seltde!ence, bat to be
exercised al all tunes and places on the high seas, N
peace and IN war The alleged ground Of lis
is 10 preserve police the high seas and prevent
racy, smucg NJ, and other irregularities.
This pretended rght IS no; laid down by any stand
ard writer on The las oi nations. Ii Is quite inecl
liable 10 abuse tie right of Search yet We ind -
spula,cns any treaties guarding against lis abas.
We trace II to o:ign bu! Tie PrsteHsions ct the
British Government; a2e those oi very recent date
and FIRST brought forth excuse for certain
occurrences OH the coast ol Africa II this right
as ancient the right o: search, should long since
have heard of il III ihe "ay-by the discussions
and treaty sipua.lons 10 when rs abuse would have
gwen rise.
and all other rights ta eccompau ed with remedy, oi
penalty for is violation stance to II might be
deemed by the British Courts good cause OF cohca-
.ion; and matter what Inconvenience or damage
nigh, be occas,oacl By lis exercise within due limits
land who is 10 prescribe those limits y the suffering
party would have claim 10 indemnity. II We adii
the right, must b prePr-ed To acGuesce III all the
consequences wac; would l,w from II, such the Sc
quesraion coni.ca.oa OF our vessels, or their de-
tenton, and the breaking up 81 voyages.
That practice has prevailed among inara,,me nations
Of visiting The vessels OF each o;her, undenable-
But this Practice existing by the ucit and mutual sui
feance of nations, and unGe responsibility Tor ANY IN
jury loss resulting from ii, IS very different thing
fron right impcrat,v.y insisted on THIS practice IL
somewhat analogous the invasion cf the territory
friendly nation: circumstances may excuse It, but il
cannot be claimed Is rght IL the abstract.
The difficulties ia the way Of asserting to this prac
tice risFt are innH;ncrebe ard insupetabe. II Is
pretended that the oh~c Is - verify she nationality O
vessels Dul hat would be uSldetod sufficient proc
of spA
be suspected also; or III - hardly difficulty
procuring counterfeit pagrfS, ban couh,ere,t H9g
genuine papcis mrat Le obtained 20 disgntse lht
nationality o: a vessel Il Tie papers suspected
examination Of The crew aud cargo m'gh tc demand
ed; and Iii" c:nlud refused, the feiusai 'ret
would BE- considered fresh cause oi sn-pcion. IL is
eviden, that practice, the right of v'si'auon exer
cised by powerful nation, would be nohrg less thar
the right OF search under name: aud yet the BIZ
fish Government petends To make broad d'sac;ioh
between the two IN theory, and disclams the right Of
search during peace.
lie, US contemplate ore cf the many possible and
probable evils winch might follow from The admission
OF this right. SGppose the Unite! States aad Spain
for instance, 10 lie 1T var, Gtea, Britain beng neG.
tral and that Spanish csuise' IA chase OF an hm.
fican merchant BRITISH .owar comes up,
and under ryeence al exercising The right If visit.
ton over the American ship, Gctans until she
falls prey 10 the Spaniard No nde unity can DC
obtained, because ;he visitation matter of admit
ted right and not Of occasional su..trance
1t IS true, tina. the British Government processes 10
retrench and qualify this right. Bat VIVA, authorit,
has the British Government 20 inierpolae new rish
in the code of nations, even with qualifications anc
restrictions How long wcuid !; be before she assumed
the authority alter those qualifications, aud
pref law of her own creation as she pleased TIE
practice of visitation Qualities itself every nation is
restrained in It's exercise By the responsibility wc!
i ncurs
And what are the great benefits likely 10 arise from
the pretended right, counterbaamce 10 t." nam
fest evils, losses aud contention whicd II would ocaa
sion' We find American ~ news paper CHE Ma
tional lntelligencer) npHoiGIag The new British
patton by tie following gul!s Mt:
s'No who reflects upon The subject will fer
moment suppose that have undertaken TO stipuais
for the abolition of The right IF riS, without the
ence of which the ocean would become wds
scene OF piracy, plumber and smuggling. The right
of visit, for the purpose Of asceriainirr y h.thsr
national flag be true flag, or only fraud upon the
nation whose flag II prctends 10 be- is necessary 10 The
protection and safety OF all navigation any -
The RICH, OF visit, IN the limited sense in which We
are speaking Of IL has been always exercised BY The
vessels of of the l. S, and of necessity must ave
been, vessels of war would have sailed tie
idly, and without the power Of exercising single At
tribute of he nationality whose emblem floats al lle,;
mast head"
And is i, possible ;hat the sole or main purpose OF
our Navy is 10 suppress piracy and smuggling, and
tina, except for that purpose they sail IDLY Do W.
build line of battle ST. Ps, and steamers, with Paxhan
guns, solely to esrf plates and smugslets, am hu"i
them INTO the creeks and shadows winch they tie
ligh. to take refuge according to the rule, The
sole object for which Great Britain maintains her IN
mense naval force at such enormous cost IS 10 sup
press piracy and smuggling, and her naval asceadancy
is merely secondary cons detaon Surely this argu.
ment mus; be founded most exaggerated notion OF
the extent of smuggling and piracy.
How would The Ti,5t Of visitation con,r bu!e 10
the suppression Of piracy and smuggling Il there be
INV truth in the professions the Brush GoveTn.aeui
it would rather promote piracy pirate would have
nothing do but provide himself wi:, counterseed
of spurious papers in order l. remain nnmoiesed.
The prac,iced eye Of seaman s at no loss 10 detect
pratcal vessel without The necessity O! examining
her flag OF papers; and if her appearance, trim,
men,s, and place in which she IS f"uod, oonea'Fi"s
with previous accounts, give him good reason 10 sas
pect vessel of piracy, be will not be content with
merely examining her papers. We might as well attempt
o detec. highway robbes b asking his name, age,
and occupation, as 10 detect pirate by exercising the