Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-04-08

OF the United States thinks itself Justly chargeabS
with excessive lcilousy, with scrupuosy
the OF words insisting it, opinion that there
such distinction, the British Government maintains, be
tween visit and search aud thst there is night TO visit In
time oi peace except in the execution OF laws,
other municipal regulations which the right
ally exercised the within the marine league
where the vessel Justly suspected OF violating the Law
Of Nations by piraca aggression; but wherever exercised
1t right Of search. Nor the unsed States Govern
agree that the term right is justly applied such
exercise OF power the British Government thinks 1t in
dispcnsSble To maintain in certain cases.
The right asserted j. night t. ascertain whether
chant vessel i justly entitled to the protection Of the flag
which she may happen have hosied such vessel being
IN circumstances which render her liable the suspicion
i that she entitled the protection the flag and
secondly that not entitled to IT, she is either by the law
OF England as an English vessel, or under the provisions
OF treaties with certain European powers subject the
supervision and search OF British cruisers
And yet Lord Aberdeen "hat If in the exercise OF
this right either from involuntary error spite Of every
ptceauon, loss INJURY should bc sustained prompt
partition would be afforded.
Ii easy topcceVc how these consequences be
admitted justly flow from the fair exercise of clear
right II injury be produced hy the exercise of right. it
would that it should be repaired. had
been the effect at wrongful The general rule Of
law certainly that the proper and prudent exercise
his rights answcTablc for undersigned injuries
II may be said that the right Is qualified right that 1t
right tn do certain o force the risk turning
be wrong door, and ct being made answcrabc for all da
But such would prove every trcspass
TO be matter Of right. subject only Just responsibility. 1t
force were allowed such reasoning, IN other would
follow that individuals right IN his property,
hardly than well founded claim for compensation IT
ho should be deprived OF .-But compensation il that
which rendered for injury, and is communication for
ccd equivalent for acknowledged rights 1t implies at least
Its general Interpretation the commission OF wrong
/ iul act.
But without pressing further these inquiries into the accu
racy propey odefnions, and the vt words pro-
coed 10 draw attention to the thing ITSELF and consd-
what these which the British Government insists
Its cruisers have Alright perform, and to what
they naturally and necessarily lead An eminent
Der Of the House of Commons thus the British claim
\ Tor fist
Minister of the Crown:
THE claim OF this country the night Of cruisers
to ascertain whether merchan, vessel Justly entitled
the protection OF the flag which she may happen have
hoed-such vessel being in circumstances which render
her liable 10 the suspicon-rs that she entitled
20 the OF the flag; and, secondly, entitled
IT. she either under the law OF the provisions
OF treaties subject to the supervision and control OF
cruisers"
Now the question is b. tr6at means is this ascertain.
| ment 20 be effected
understand the general and settled rules Of public
law espectt1 ships OF sailing under the authority OF
their Government o arrest pirates and other public often
ders there no reason why they may approach
vessels descued for the purpose ascertainng their
real character Such night OF approach indspen.
sable for the fair and discreet their authority
and he OF II be justly deemed indicative OF any
design 10 insult or nuc those they approach impede
ihosi IN their lawful On the other nand 1t
rs clear that ship under such circumstance bound
he by, wait the approach OF any other ship She Is at
iu liberty TO pursue her voyage her and
oil necessary suspected sinister en-
icrPrise hostile attack Her right to the free use of the
ocean, j. as perfect a. that OF any other An entire equality
Is presumed 10 exist She has night consult her
saeiy but al the same tmc she take
late the nights OF others She precautions dc
lated by the prudence fears OF officers either a. TO
delay or the progress Of her voyage but
aihbcry to uct injuries upon other parties m.
ply because OF conjecture! dangers.
Bat the vessc. thus approached, attempts avoid the
vessel approaching or does not comply with her
der order 10 send him her papers for his Inspection nor
cunsentiO be visited, detained what next 10 be done
l. force be used and be used NAV that force be
lawfully ropeed These questions lead u the Gle.
eha principle the essence OF the British claim. Suppose
tie mcrchnni vessel be- IN truth American vessel en-.
gagged IN lawful commerce. and that she does not choose 10
be detaincd.-Supp1sc she ressts the visit What is the
consequence Ia those which the Ueigsran right
oi VISIT exists resistance 70 the that night
gaFded as Just cause of condemnation both vessel and
cargo is that penalty or what other penalty TO be incur
red by resistance u visit IN time OF peace Or suppose that
force be met by force, returned for gun and the com.
mauder OF the cruiser, Of his seamen be killed
what description o offence vii! have been committed In
would be said, IN behalf OF the commander OF the cruiser
that he msioo the vessel for vessel England Brazil or
foitugai but does this mistake OF ms take from the
American vessel tile night OF selideiencel The writers of
authority declare, It to be principle Unnatural law the
privilege OF elideence exists against an assaiant who
mistakes the object OF ms attack for another whom had
] night 10 assGil.
Lord Aberdeen fail see therefore, what serious
consequences might ensue ii it be admitted that
tins claim TO VISIT IN time of peace however limited or de-
hned, should be permitted 10 exist matter night
tor II u exist ngnt, be followed by correspon
ding duties and obligations and the failure 10 u those du
ties would naturally draw penal consequence after it, till
ere long IT would become in truth little less or little other
I than the bcllgcrent night Of search.
II VISIT or visitation, be accompanied by search II
will be IN most cases merely idle. sight of papers NAV
be demanded, and papers may be prOduced but known
that slave traders carry false papers and different sets of
papers. search for other papers then must be made where
suspicion Juses IT, or else the whole proceeding would be
hushtoy In suspicious cases, the language and general
appearance OF the crew among the Of ascertain
ing the national character Of the vessel The cargo on
board also often indicates the county which she comes
-Dl fg
voyage her internal ineni. and equipment oil eyden.
ccs Tor her against her her allegation Of character
lheSe matters obvious, can only be asceraincd by
! gorous search.
II may be asked if vessel may not be called on to show
her papers, why does she carry ihcm No doubt she may
he called on 70 show her papers but question is where
when, and 10y whom Not ~ time OF peace. on the high
seas, where her rights equal the rights Of any other
vessel and where none hu- night 10 modest her. The
Of herpaper Is ~ time OF war prove her neutrality when
VISITED by begeront cruisers; and, IN both peace and war
10 show her national character aud the Iwiuness Of her
voyage IN those ports OF other countries which she may
proceed tor purposes Of iradc
1t appears ;hc Government Of the T. s. that the view
ohis whole subject, which the most naturally taken Is
almost the mostega and mosin analogy other eases.
British cruisers have night detain British merchantmen
Tor certain they have night ured by Trea
y To detan merchant vessels several other nations for
the same purposes. But they have right at oil to dolin
an American merchant vessel This Lord Aberdeen adj.
init IN the fullest Any detention ofan American
vessel by British cruiser IL therefore wrong trespass-
although itmay be done under the belethat Bnt
sh vessel, o that she belonged which had con-
ceeded the night Of such detention the British cruisers
and Tue ucspass therefore, involuntary cspass ia
ship q waT IN tnck weather. darkness Vi the night
He upon aud suk neutral vessel under the bgef that
size IS an encmy' vessel, ihs trespass-a mere wrong
and cannot be said 10 be done under right ac
cOnpaned 10y responsibility for damages. So f civil Off
Ger on land have process against individual and through
mistake arrest another tins wholly torous No one
would think O saying done under any lawful exercise
% authority subject only possibility VI that u was any,
ming Dulu mere ire pass though no upinenOnal espass
The municipal law does undertake lay down before
hand any rule Tor M OF such cases hnd us c
n the opinion of Ic GJyeumEufofihe T. 5 does the public
law Of the world lay down beforehand any rule fr the 90
ycrnmcnt Of cases Of involuntary uezpases det,nDns aud
injuries OF sea; except that n both cusos Of cn,es uw ana
'd1n make distinction between injuries committed iry'
m't.sc end injuries clmi by dcsgu the former being
entitled TO ia and just compensation the latter demanding
exemplary dauaee' and sOmci.irs PrsOnai punishment
Inc Government ct c L. States has made known
NJ opinion which u repeats that the practice Of
1inur American vessels, subject just compensation
however guarded by iIucuon however cautiously ez