Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-04-11

cumstances which render her liable 10 the suspicion
first that she was entitled the protection of the
Dag and secondly, entitled 10 Il, she either
under the law II nations he provision Of treaties
suhject,o The supervision and control Of our cruisers
Now the question is, by rhat mans is this ascertain
ment TO be effected:
A we understand the general and settled rules Of
public law in respect to ships of war sailing under the
authority CT their Government o arrest pirates and
other public offenders, there is no reason Why they
may approach any vessels deserted ct sea, tor the
purpose o. ascertanlng their real character. Such
right of approach indispensable for the fair and
Discreet exercise Of their authority; and the Of IL
cannot be Justly deemed indicative OF any design 10
insult pure those they approach, or 10 impede them
in their lawful commerce On The other hand, 1t -
as clear. that no ship IS, under sach circumstance,
bound 10 lie by or wait the approach Of any other
ship She is at foil liberty 10 pusane her vovoge III
her own way and To use ell necessary peca utions 10
avoid any suspected sinister enterprise hostile al
tack. lie. right to the free use Of the ocean, is as
perfect as that of any other. An entire equality IS
presumed 10 exist She has rig hi 10 consult her
saiey but at the time, she must take care not
TO violate the rights of others. She may any pre-
cautions dictated by the prudence or fears of her Of
iicers either delay, or the progress or of
her voyage bu, she is mol at liberty 10 nct injuries
upon other innocent parties, SIMPLY because OF con-
! iectural dangers.
But, if the vessel thus approached, attempts TO
old the vessel approaching does not mply with
her Commanders order 10 send HIM her papers Tor his
Inspection nor consent 10 be visited or detained what
il ne II 10 be done, Is force be used aud if force
he used, may that force be lawfully repeled These
questions lead al once TO the elemental principle, the
essence of the British claim Suppose the merchant
vessel be, in truth an American vessel, engaged IN
lawful commerce. and that she does not choose to be
detained Suppose she ressls the visit. What is the
consequence: In those cases in which the begerent
rig Of visit exists resistance 10 the exercise OF that
RIGHT is regarded just cause OF condemnation both
of vessel and cargo. Is that penalty or what other
l 4 h, In visit IF
peace: Or suppose that force be met by force, gun
returned for gum and the commander OF the cruiser,
or som. of his seamcn, be killed, what description OF
offence Will have bsen committed: 1t would be said,
IN behalf OF the commander Of the cruiser, that he
mstook the vessel Tor vessel of England Brazil, or
portugal but does this mistake OF his take away from
The American vessel The right OF se-de!ence: The
writers of authority declare 10 be principle OF natu
raj law that the privilege Of sedefence exists against
assoIlaDt who mistakes the object OF his attack for
| another whom he had right TO assail.
Lord Aberdeen cannot fail 10 see, therefore, what
serious consequences might ensue if IL were TO be ad
mtted that this claim TO visit, IN time OF peace, how
ever limited Defined should be permitted 10 exist as
matter of right for, 1t It exist as right,
must be followed by corresponding duties and obga
lions, and the failure to fulfil those duties would
uraiy draw penal consequences after H. TIL ere long
1t would become in truth, little less, or little other.
than the beligerent right OF search.
If visit, visitation, be not accompanied by search,
it will be in most cases, merely idle sight of pa
pers may be demanded, and papers may be produced;
it is known That slave traders carry false papers and
different Of papers. search Tor other papers then
must be made, where suspicion ustIfes il else the
whole proceeding would be nugatory. In suspicious
cases, the language and general appearance Of the
among the of ascertainng the national
character Of the vessel The cargo on board, also,
often indicates the country from which she comes
Her log book, showing the previous course and events
Of her voyage her internal itmen and equipment,
all evidences for her, against her. her allegation
o! character. These Matters II is obvious only be
ascerianed by rigorous search.
|. may be asked II vessel may not be called on 10
show her papers "hy does she carry them? No doubt
she may be called show her papers but the ques
ton is, where when, and by whom; Not in time Of
peace, the high seas where her rights are equal TO
the rights al any other vessel, and where none has
right 10 mo!es, her TIE Of her papers in time
of war; prove her neutrality, when visited BY bell
gerent md in both and war; TO show her
national character ard the awfuness of her voyage,
IN those ports of other countries TO which she may
proceed for purposes OF trade
Ii appears TO the Government of the L. S. that the
view CT this whole subject which s the most naturally
taken is almost the most legal and most III analogy
with other British cruisers have RICH, TO ds,an
British merchantmen for cer'an purposes and they
have right. acquired by treaty, TO detaIn merchant
vessels OF o:her nations ."r the purposes
-Bi, they haze right al ali 10 detair American
merchant vessel THIS, Lord Aberdeen admits in the
fullest manner. Amy detention Of an American vessel
By British cruiser is therefore wrong-a trespass-
although may be done under the belief that she was
British vessel, that she belonged 10 nation which
had conceded the right of such detention TO the Bri
tish cruisers and the tespass, therefore, uvolun
tary trespass II ship OF war, in thick weather, or
the darkness of night fire upon and SINK neutral
vessel under the belief that she Is enenys vessel,
this is trespass- mere wrong-and cannot be saic
ne done under any right, accompanied by re.
spoisibi,y for damages So, # civil officer on land
have process against individual and through mis-
take arrest another this arrest Is wholly orous. No
would i,iak Of saying 1t was done under any law
iu ct authority subject only 10 responsibility,
that 1t anything but mere trrsrass, ihoo9h uh-
intentional tespass The municipal law does no, IN
derlahe to lay down beforehand any rule Tor The 20
vernenl Of such cases: and lt,.e the opinion OF
the Government Of the u. does the public law OF
the world lay down beforehand any rule for the go
81 Of involuntary trespasses deienscns
nd injuries except that IN both classes of cases.
law and reason make distinction between injuries
committed through mistake, and injuries committed
by design; the former being entitled to fair and jus,
compensation, the latter demanding exemplary DANA
pes and sometimes personal punishment The Go
yernment of the u. S. has frequently made known its
opinion, which il repeats, that the practice Of de-
tanning American vessels, subject TO just compensation,
however guarded by Instructions however cautiously
exercised, necessarily leads 10 serious Inconvenience
and injury The amount uf less cannot be always well
ascertaned Compensation, if il be adequate in the
amount; may still necessarily be long delayed and the
tendency Of such claims always proves troublesome 10
the Government Of both countries. These detentons,
too frequently :f.Ilate Observation-Disclosures blood,
and produce nothing but Ill effects the amicabe re
a,ions existing between the two countries. We wish,
therefore, TO put end 10 them and 10 avoid all
sion Cor their recurrence.
On the whole, the Government Of the United States,
while 1t has not conceded mutual right of visit or
search, as has been done by the parties the Quin
lups Treaty of December lo4l does not admit,
that by the law and practice of nations, there any
such thing as right oil visit distinguished by well
known rules and definitions from the right of search
| 1t does not admit that visit OF American merchant
vessels by British cruisers is founded on any right,
Notwithstanding the cruiser may suppose such vesse!
TO be British Brazilian or Portuguese 1t cannot but
that the detention and examination of American
vessels by British cruisers, has already led 10
qnences, and it fears that if continued it would stall
lead to further consequences, highly injurious 10 the
lawful commerce OF the u. S.
Al the same time, the Government Of the U. States
fully admits that lis flag can give no immunity TO p
rates. nor to any other than TO regularly documented
mi pls and 49, ha