The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-08

stablllty OF CIVIL society and the authority OF legal
institutions. Popular violence and popular sympa-
thy may equally set at naught the law, and hurry
society into state of ANARCHY and confusion,
when crime is left to the chances of personal expia-
ton. With the result of the cases of Wood, of FL
bridge, of Alexander, and now of Mercer, before
us,we hardly know what to think. The future may
be within the limits of Philadelphia and its atmos-
phere.
RELATIONS OF THE UNITED STATES WITH GREAT
BRITAN-RIsnT OF VISITATION -Tae difference of
opinion on the part of the British government and
our Executive, relative to the terms of the late
treaty, with respect TO the right of search still con-
tinues TO manifest itself Mr.. Webster, in a rather
lengthy despatch TO Mr. Everett, has gone over the
whole ground in reply to the despatch CT Lord Aber-
deem and the speech of Sir Robert Peel The Bri-
fish government insist that the right of search and
the right OF visit are essentially separate and dis
tinct-they discaim the former, but seem resolutely
determined to maintain their claim to the latter de-
claring through Lord Aberdeen that they will still
exercise, when necessary, their right to ascertain
the genuineness of any flag which suspected
vessel may bear; and that If in the exercise of this
right, either from involuntary error, or in spite OF
every precaution, loss injury should be sustained
a prompt reparation would be afforded. "That the
British government" says Lord Aberde en-, " should
entertain tor single instant the notion of aban-
doning the right itself, would be quite impossible >
This is certainly toerably decided speaking
Mr. Webster contends, in opposition to all this =
There is such we'll known and acknowl lodged,
nor indeed, any broad and genuine difference between
what has been usually called visit and what has usually
been called search that the right OF visit be eectua
must come in the end to inc ude search and thus
erc<e 10 peace an authority which the law of nations
in lma nj feuch rnatv Jet
ton exists where the proofs Of 7 What writers of
authority the public law what adjudications courts
OF Admiralty, what public treaties recognize il No
such recognition has presented itself 10 the Government
OF tho United States but the contrary it understands
that public writers, courts Of law and solemn treaties
have for two centuries used the words visitn and
search" in the What Great Britain and the
United States by he right of search" in its broad
est sense called by Continental writers and juriss by
no other name than the right of visit" VISIT therefore,
as has been understood implies not only right
quire into the national character but to dean the vessel
TO stop the progress of the voyage examine papers,
decide their regularity and authenticity and make
nquistion board for enemys property and into the
business which the vessel is In other words
describes the entire right Of begerant visitation and
search.r
Mr.. Webster comments forciby on the promises
Preparation in case of injury loss Sustained by
our vessels, insthe enforcement of this "rght" of
visit
be admitted justly to flow from the fair exercise of
clear rgn.. 1fnjury he produced by the exercise of
if il had been the effect OF wrongful The general
rule of law certainly is that in the proper prudent
exercise oour rights no one answerabe for undesigN.
ed injuries II may be said that the right qualified
right that il is right to do certain acts of the
risk Of turning out to be wrong doers and Of being made
answerabe for all damages But such argument
would every trespass to be matter Of right
jec only to just responsibility. IL force allowed
such reasoning in other it would follow that an in
dividuars right in his own property was hardly more
than well founded claim for compensation, if he should
be deprived oft But compensation is that which s rem
n n IN am n N
vsent for acknowledged rights II implies at least in
its general Interpretation the commission Of some wrong
full actn
In concluding the despatch Mr.. Webster thustem
perately and yet firmly, expresses the determination
of government to resist the pretensions set up
by the British
'On the whole, the Government OF the United States
while conceded mutual right of visit search
has been doneby the parties to the Quintupe Treaty
OF December 1871 does not admit that by law and prac
tce OF nations there such thing right OF visit
distinguished by we'll known rules and definitions from
the right of search. II does not admit that visit OF Ame-
rcan merchant vessels by British cruisers is founded
any right standing the cruiser may suppose
vessel TO be British Brazilian Portuguese II cannot
but that the detention and examination OF American
vessels by British cruisers has already led TO consequen
ces, and it fears that IL continued it would still lead to
further consequences highly injurious TO the lawful
OF the United States. At the time the Go
Of the United states fully admits that its flag
give immunity TO pirates to any other than
TO regularly documented American vessels and was
upon this view Of the whole and with firm convc-
ton OF the truth OF these sentiments, that cheerfuIly
sssumei the duties contained in the treaty OF Washing
ton in the hope that thereby of difficulty and of
difference mghtbe altogether removed and that the two
powers might he enabled act concurrently cordially
ana ehectuay, for the suppression Of traffic which
both regar as reprosch upon the civilization of the
age and at war with every principle of humanity and
Christian sentiment"
This despatch will produce great deal of excite
ment in England and France. The old question. on
which General Cas- so ably indicated the rights of
this country, and the cause Of justice and liberty IS
again agitated. The peace OF both countries and
the successful prosecution of the noble object OF
suppressing the Infamous traffic in human flesh, de-
mand prompt settlement OF this difficulty. We
trust that this may be effected in that amlcabe spi
rit which this despatch s so well calculated to pro
mote.
GRHAT Mass MEETING OF MECHANICALLY will b.
seen from our advertising columns that most aw
fu meeting OF Mechanics, in favor OF Robert Smith
Tor Mayor,isto be held to-nghtat Lafayette Hail.
O'Clock We expect this will be great turn out
Will II be worth recortingq