The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-03-02
RIGHT OF VISITATION.
SPEECH OF Mn. CUSHING,

IN THE HOUSE Or REPRESENTATIVES,, rEBRuAR'
%, 1913.
Mr.. CUSHING said that it had been his intention
If the subject had come up at earlier period O
the debate, to have entered upon a discussion of
at some length but to do SO al the present momen
would be TO trespass the time and foroearance
the House. His purpose now, therefore, was to
py but some ten or fifteen nutes in briefly presenting
his views touching what was, In fact the only con
troverted question in the whole case viz. the con
ficting views of Sir Robert Peel, speaking for tb,
Government of Great Britain, and the President O
the United States, speaking in behalf of our own Go
vernment.
At the conclusion OF long boundary controversy
which had subssied between the two Government.
since 1915, they had at length concluded treat,
which not only settled that controversy, but at the
same time disposed of various other collateral aDt
controyerted neutrality-suspicious. of the gravest cha
racter, and threatening the peace and harmony OF
both countries. On single point of this treaty
however there question, viz. 10 the effec
and meaning Of The eighth article which provide,
for concerted cruising the of Africa for thu
suppression Of the slave trade. On that question
was to be presumed as he supposed that he and 9th
ers stood here very much Sir Robert Peel and 9th
Of the Parliament in England stood in the Hous,
Of Commons Both Governments representa-
tive In their character; both assemblies contained
much of popular ingredient; and those who welded
both Governments had, Of course, 10 conterd i'll
| many various and conflicting popular interests A
member in the British Parliament rose to explain hi.
views OF the construction o. treaty, probably with
the double view OF exertiDg certain influence OH
classes of individuals Immediately around him, and OF
supporting his friends in the administration of a
neighboring country who were allied with him in
carrying certain political views and measures We
saw Sir Robert Peel rise in the House of Commons
and de, arting Mr.. c. conceived from the ordina-
~ restraints OF courtesy undertake to reply an Of
ciai message of the President of the United States 10
Congress and here We beheld strictly correlatiye
spectacle member of Congress rising in his place
TO do what To defend treaty as construed by
the President of the United Staes to stand for the
Interpretation put upon lis language by his own Gov
ernment; No; but TO defend the Construction of a
foreign, and, this question, adversary Govern
meni. Mr.. Z. thanked Heaven he stood in a very
different poston-the pos lion not only of maintain
ing the honor OF the United States, but of re-arm-
ing here and, If his voice could have sufficient pow
er 10 make itself heard across the wide Allant in
that House of Commons also, the construction con-
tended for by our own Chief Magistrate. And
he hoped to make the soundne.s Of that con-
struction clear thai it should be impossible to
doubt II (; he would make il as plain and as unde-
niabie any strictly mathematical calculation To
do this he would first eliminate from the question all
thoss matters which We foreign it, SO leave
mple naked equation, and this he would then at
tempt 10 resolve for the settlement Of any doubtful
element 1t might contain. And, first, he would OBJ
that there disputed question between
the two Governments TO the belligerent right OF
search. All agreed In adopting the view taken by
Lord Stowell, who had recognised that right not
only being maintained by the laws OF England
but as that which established BY The law OF ma
tons also. This right had been recognised on both
sides a conceded point throughout this entire con-
troyersy. Tie said, therefore, ina, we entered upon
the discussion with universal accord touching one
point, viz. that which was commonly known and
spoken Of as the right Of search.~ And he affirm
ed, on the authority OF all writers the Law OF ma
lions and all records of negotiations which had ever
fallen under has eve, that there but recog-
nised right of search, viz. that which was denoml-
mated bellIgerent right which had first grown W.
by custom, and then had been sanctioned by conven-
ton, viz the right 10 search vessel at for e0e-
mes goods and enemies persons, for contraband
OF war and this night limited to an actual state
of war The existence Of such a belhgereni right of
search tins the first poia be eliminated from
the question now IN controversy. The second thing
TO be excluded WAS that illegtmsie assumed right OF
search, which had grown up since lSl4 amoog those
nations who had been engaged the suppression OF
the slave trade. twas but few days before the treaty
of Client that there had first appeared this powell idea
Of right of search exercised Tor the suppression of
the traffic in slaves, Ii made its first appearance in
a despatch from the Duke of Wellington 10 Prince
Tslleyrand, proposing the establishment OF a limited
right Of search certain limited coasts and an un-
limited right upon the high seas for the express pur-
pose Of the suppress on OF the slave trade. Now
Mr.. C. should assume that in the several dispatches
Goth December last aud in that laid upon the Speak
cr's table yesterday, well in he speech Of SIR
Robert Peel, which he considered a deliberate
and prepared expose Of the views Of the British Gov
eminent, there was a Remuneration Of this right Of
search exercised for The suppression Of the slave
trade, except FAR as II mutually conceded by
conventions between nations combining effect that
object
But apart from that question, there had been 81
multsneousy with tins diplomatic intercourse the
A.
hand m hand With the treaties, and were directed 10
the same object viz. the establishment Of an infor-
NAL right OF search, 10 be exercised for suppressng
the traffic IN slaves. The act Of Parliament Of the
lst August 1899, assumed TO give 10 British
the right 10 VISIT search, seize, Jetan, ard send IN
for adjudication any vessels, whether OF the Portu
yuese or any other nation no should on good res-
son, I've suspected 10 be engaged in the slave trade
and aide IRON this, there had been an open attempt
enforce upon the world the municipal law Of Eng.
land on that subject, by the late famous quintupe
treaty, copy OF which MIR. c. should couple Va in
the remarks he submitted wben they went 20 the
press, believing that authentic document like that
would be more acceptable 10 reading aud redectng
readers than much OF that crude and misohiovous
trash which occupied 10 too great extent the CO.
umus OF our public journals. From a Comparison
Of the language Of the statute and the language OF
the treaty, Il would be found that the latter follow
ed the former foitds rcrb, both employed the very
same expressions 10 describing the indca Of suspi-
cion on which the exercise Of the right Of search
was 10 be founded.
Bearing in mind these two points Mr.. c. row in
vited the attention Of the House 10 the treaty Of
Washington, and asked them TO ooncede 10 him that,
contend Sir Robert Peel might on points Of con
structious and enter he might into special plead
ngs 10 establish them !, plain that m that treaty
the United States Government had made tSis sd-
vance hat for the purpose Of suppre.sng the ey-
ercise Of this right Of scar h. il had established sys-
TEN OF concerted cruising. Tins measure had taken
the place Of the reciprocal rgh, Of search proposed
by Great Britain 70 tie quntuple treaty, and bad q
English assumption and negotiation. and prevented
the IS ahfshment Of conventional right Of search
by universal treaty which right, had It been e.
sblished by general consent must, ipso fseo become