Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1843-03-18

lseC NJ 10 pfonlhtt W It's own subjects or
cizens A principle Of this kind could
scarcely be acknowledged without subject.
ing commerce TO the risk Of constant and
harrassing vexations.
The attempt to justify such pretension
from the right to visit and detain ships
upon reasonable suspicion of piracy, would
deserycdy be exposed to universal con-
demnaiion, since il would be an attempt to
convert an established rule of maritime
law, Incorporated as a principle into the
in,erna,inal code by the consent Of all ma
tons, into rule and principle adopted by
a single nation, and enforced only by its
assumed authority. To seize and detain
ship upon suspicion Of piracy. with proba-
BILE cause or in good faith, affords no Just
ground either for complaint on the part of
The nation whose fay she bears, or claim
of indemnity on the part of the owner.
The universal law sanctions and the COM
mon goo requires the existence of such
a rule. The right under such crcumsan-
ces. not only TO visit and detain, but 10
search a ship, is perfect right, and in
wolves neither responsibility nor indemnity.
But, with this single exception, no nation
has, in time Of peace, any authority To de-
tain the ships Of another upon the high
seas on any pretext whatever beyond the
limits of the territorial jurisdiction. And
such, am happy IN find. is substantially
the doctrine of Great Britain herself. in
her most recent official declarations and
even in those now communicated 10 the
House. These declarations may well lead
us to doubt whether the apparent difference
between the two Governments is not rather
one of definition than of principle. Not
only is the right of search, properly so
called, dsclaimed by Great Britain, but
even that of mere visit and inquiry is
asserted with qualifications inconsistent
with the idea of a perfect right.
In the despatch of Lord Aberdeen to
Mr.. Everett of the 2Oth December, lS41.
as also in that jus, received by the British
minister in this country, made to Mr.. Fox.
his lordshIp declares that if, in spite Of all
the precautinn which shall he used to pre-
vent such occurrences, an American ship.
by reason of any visit or detention by n
British cruiser. "shnuid suffer loss and in.
Jury, ii would be followed by prompt and
ample remuneration" and in order TO make
more manifest her intentions in this respect.
Lord Aberdeen, in the despatch of the
2Ulh oi December, makes known To Mr..
Everett the nature of the instructions given
10 the British cruisers. These are such as,
IT faithfully observed, would enable the
Brush Government to approximate the
standard of fair indemnify. That Gov
crnInent has in several cases fulfilled her
pi omiIses in this particular by making ade
quale ieparatiun for damage done to our
commerce. Ii seems obvious TO remark.
4 nat "a ,nb h,,.l &c hn
under such restrictions. and precautions.
and risk, IN case of any assignable damage,
10 he followed by the consequences of
lrespass, can scarcely DE considered any
thing more IMAM privilege asked for, and
either Conceded or withheld on the usual
principles of international comfy.
The principles laid down in Lord Aber-
deeu's dispatches and the assurances of
indemnity therein held out, although the
utmost reliance was placed on the good
faith Of the British G. Nernmenl, were MOI |
regarded by the Executive AS a sufficient |
security against the abuses which Lord |
Aberdeen admitted might arise in even the |
most cautious and moderate exercise of
Their new maritime police; and, therefore.
in my message al the opening of the last
Session, ] sci forth The views entertained
by the Executive on this subject. and sub |
stantldlly affirmed both our inclination and
ability TO enforce our own laws, protect
our flag from abuse, and acquit ourselves
of all our duties and obligations on the high |
seas. In view of these assertions, the treaty
of Washington was negotiated, and upon
consultation with the British nego,iator us
to the quanlun of force necessary 10 be-
employed in order to attain these objects,
the result to which the most deliberate es-
tlmate led was embodied in the eighth ar
tlcle of the treaty.
Such were my views at the time of ne
gotlating that treaty, and such. in my opin-
ION, is its plain and fair Interpretation.
regarded the eighth article as removing all
possible pretext, on the ground Of mere
necessity, to visit and detain our ships
upon The African coast because of any
alleged abuse of our flag by slave traders
of other nations. We had taken upon
ourselves the burden of preventing any
such abuse by STIMULATING to furnish an
armed force regarded by both the high con-
lracling parties as sufficient TO accomplish
that object.
Denying, as we did. and do. all color o
right To exercise any such general police
over the flags of independent nations, we
did not demand of Great Britain any
formal remuneration of her preiension. still
less had we The idea of yielding anything
IN that respect. We chose L.
make practical settlement of the question
Tins We owed To what we had already done