The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-07

pahy fther ordshps that him near the close
OF his statement He alluded to the boundary question
any one would take the trouble of referring to the de.
spatch OF Lord Aberdeen to Mr. Fox dated JAM Is ls43
he would find he aslonish,d that such reference
should be necessary but necessary undoubtedly
on account OF the greveus AID great
misspprehensions which had been ndusrously
gated to the Disagreement of Lord Ashburton and his
would nd that the right OF search never
and never could form any part or parcel of the
gotions The President must well know SAYS the
Secretary Of State that the right of search formed
subject OF discussion during the late negotiations that
neither could any be required by the United
States nor any made by Great Britain Notwithstanding
this however there still found who maint ain,
ed that we had abandoned the right of search The
was that we had nothing to ask Tor had all our own
way We did not claim the right TO search American
vessels in the proper and technical sense of the word
because had no treaty with Amercs as we cd with
France by which search permitted with certain
too narrow restrictions America had never conceded
be no question between that head. Even though
the vessel should be brmul ofsaves every one of whom
had been pu, aboard by an act Of piracy accompanied
by the most gricvous inAictions OF cruelty-even
though sach Of these on board the ship were a
pirate and liable to the penalty Of piracy under his
government still we had right to stop her if she were
truly American. But what the proposiIon7 That On
American vessel was only to her govern
ment for breaking its laws and we had right search
her right to stop her. though caught in the fagrant
delict OF piracy and murder. Such the proposition,
tnction between fright Of SEARCH and fright OF visit"
he discarded as unworthy OF notice. the only difference
being that the was English and the other French
But must be (said the noble and learned lor)
that the ship is really American. No person had right
to hoist twopenny worth offag and then call Amer
lean ensign and thus by its magic keep out Of that
ship which Know not TO DO American, what amounts
practically to the same thing which entertain preg
nant suspicion that the American flag has been raudu
lenly and falsely hosted. He did not address this
sonng to their lordships but to such Gen. Cass
(aughter III such men were capable Of listening to
gument The same argument would apply to the Eng
fish flag assumed for the purpose Of fraud Suppose
crime of the most grevous enormity murder of the
most cruel stamp had been with bloody mndednoss and
mslice aforethought committed in New York-suppose
the murderers should betake themselves to an
ship lying in the harbor and putting out to before
the police could ovcrake hem hoist the British ensign,
from the coas-acordng to the argument to which he
had referred according to the rules laid down in these
new authorities on the laws of nations by this new a
rsconsut General Cass(a laugh, who, he twas petri
fed to learn had actually reduced these opinions wri
ting and committed them TO paper by prntng and
had been kind enough send copies their orships in
order to extot their admiration and convince their rea
to their doctrines these murderers could
not be nterfered with Such was the argunent-no of
Mr. Webster, nor of his lord Broughams excellent
friend, Mr. Everett, minister who, of all ministers
that had represented their country appeared to
him sthe very one best suited to maintain the honor
OF his own nation, at the same time that he pre-
served pacific relations and amicsbe and friendly
timents with the land in which he had taken his
sdence Neither these the arg uments of Mr. Ste
venson nor Of any man, except those who chose to
deal with subjects of which they had not the capacity to
comprehend the first rudiments. Why then might be
said should any doubt be cast the subjects why
fer to the 9TH and 9Th artclesf "Oh they must
not look at the text but at the commentary which find
in the messageof President Tyler He wished to speak
with the greatest respect Of the chief magistrate OF the
United States although the ndiv dual filling the Of
nee was not chosen by the people to fill that high post
but had been elected to the office Of second magistrate
and owed his elevation TO accident the death othe Pres
denta circumstance not unusual inAmerica from
sangune calculation to the value of human life, Epps
rently from their assumption that the President
likely to die during his term OF Office. Mr.. Tyler
placed by the american people in position which gave
'f their choice He wishedfo speak of that officer with
lnfegned respect not 50 much in consideration of his
Tertheless he thought himself at perfect liberty to
give fair aud condid opinion with respect to such
parts Of his conduct as he thought open to observa
When eecioneering ceased in America III it ever did
cease for from presidency to presidency there appeared
70 be one perpetual canvass and agitation the political an
mosss increasing in vehemence and all the arts Of
vass becoming more rite at the spproach Of the election
% a
the tone Of the President would alter Compare tho ad
dress of President Jackson with that of President Tyler
and important portion of the eecorsnamely. those OF
the southern and slaveowning States In canv assng
these states Of he might use the EXPRESSION the Presi
ting very curious gloss an article Of the negotiation
as to make appear that had given up something
giving his version of the natter he was giving the
statement made by those who having found nothing in
give the shadow color that we had abandoned
the right Of search thought they could prove because
President Tyler was reported to have put certain
struction upon those articles For his part he ord
Brougham) did not believe that the President put
forth the gloss attributed to him. He the last man in
the world to accuse him Of 50 base proceeding giving
canvassng purposes The statement OF President Tyler
was plain that he who might read His statement
was"such am happy to find is substantially the doc.
rine Of Great Britain herselfn her official decla
ration" (This was in February) "The declaration to
which alude is the doubt whether the apparent sder
hotu thotu G0v 10
definition than Of prnciple-cheers); not only s the
right of search properly so called which is claimed by
md inquy"-is what7 What said the assasnts of Lord
Ashburton-the humiliation doctorsthe doctors of de.
graduation and trucking. and he knew not what other Of
(ensive expressons1 Was this right abandoned7 The
question not to the right to visit bat the right
Of ascertanng under circumstances Of grave SUSPICION
2, the risk Of sordng indemnity il case of error the
the right of search properly called hut that
of mere visit and inquiry" What, disolamed- given
Inconsistent with the idea of perfect right" Why who
ever said that we had perfect rght1 Who preten
led that wehad Alright to stop any vessels
and those Of France; who have conceded to the
tight by treaty. Nobody ever whispered anything OF the
Lord CAHpBrLL-The noble and learned lord through
am] then alluded to General Cass in strain Of much
unnecessary vtuperaop. The noble and learned lord
should have considered the consequence that might follow
such course General Cass might day become Pres.
dent Of the United States and his noble and learned
friend might become Prime Minister OF England-(ques
tlon, queston) lie C0nsdered ne speaking to the
question when he expressing his dsapprobation of
the course which had been taken by his noble and learn
ed friend He could not see how he committing any
breach Of order in suIposing such contingency,
England never had, could not have, able
eloquent her rrime Minister that she should
be proud of, than his noble and learned friend If
such contingency as this occurred their friendly rela
tons might then be most seriously disturbed The right
of search that which gave them the power ostoppng
all vessels that engaged in unlaw full trade The
right of had admirably defined by the noble earl
opposite in his letters to Mr. Stevenson and Mr. Everett
The right had been denied by hese two gentlemen and
by President Tyler, in his first and second messages
Congress and the ground of that denial said rest
on the authority Of Sir William Scott But the expres
sons OF Sir William Scott applied to the right of search
detention and condemnation and he said such thing
that in time Of peace the right did not exist of visiting
determine the nationality Of flag. Now what said
the part fAmerca in the message Of the President upon
which his noble friend relied President Ty ler his first
message to Congress- represented that this country had
up right entirely contrary TO law and had been obliged
to abandon it. Amongst other things, he said Therefore
felt to be my duty distinctly declare in my annual
to Congress- that such concession could be made
and that the United States have both the will and the sb
tl,asro