Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-04

| The most important of them Ii gentlemen "ond refer
|" the State papers aid on The taDe yesterday anu
which had not yet net the public eye, ,hey wouiG hnd
that MIR. Everett informed by the british ministers
that lord Ashburtou would 90 10 the United States
prepared To settle ali the questions OF dispute between
us and Great Britain. lie would not enhmerate all
the unsettled questions, but it was we'll known, that
several yet remained open Unfortunately, That treaty
lett open an important question, which one OF It's articles
the sth "as supposed 10 settle; and II would be re-
membered that this Zone of the most serious objections
TO that treaty. had become allied by the construction
the British Government has put it. lie referred to
the claim of the RICH: OF visitation set up by reat Bri
tan and which had always been opposed IN the United
States.
Ii gentlemen would refer 10 The last despatch Of the
President of the United States, they would hnd iha!
this question remains 1t did years ngo and from
The want of information 10 Congress on The subject
che wond suppose that no correspondence IN tSation
u IL had taken place. 1t seemed that this So article
of the Treaty had been inserted without particle oil
explanation and this became the more remarkable, a.
this queson had, since 1915 been seriously agatrd
not only in the United States, but in Europe TIE
British archives were crowded with documents from
The different powers Of Europe, underwriting effect
arrangements with Great Br ain on the subject The
i!onsr might be surprised AT his raising objections
Ia this treaty, considering that had become the law
OF the land. But on this he started no doctrine
he only made the objections made by The
Republicans Of that day 10 jays Treaty. Like that
celebrated Treaty, this Que had been condemned b.
the of the whole country. And here he must or
permitted express the hope that this Treaty would
nat be called The Treaty of Washington. lie hoped
tie name of Washington, who had emphat.cally
warned his conntrymen against en.angiing aiilance-
with foreign powers, would not be associated w,h this
Treaty but That it should be either called The Ashbur-
ton Treaty, called after the American negoator,
who had proved himself on this occasinn as veil 10
during the last war, British advocate
Since the war, the British Government had been
assduously endeavorIng to extend their Naval power,
and to acquire the right to suprrntend the police OF the
The first pretext they seized on to extend this
power, that Of the suppression of the slave trade.
Here Mr.. NJ. atverted TO the negotiations of tie Bril-
tsh Government at the Congress of Vienna-the
Quintupe Treaty-and tie Treaty with France on the
subject and read various passages from the CORES
pondence between the French and British Govern
men,s, well az the correspondence Of our Secre-
a.es of State, oar Van Buren, and Mr.. FU.syth,D
commenting on them as he proceeded.
He further quoted the language Of Sir Robert Peel,
in the British Parliament, TO show the extent Of British
assumption this subject; and next, The opinion Of
Lord Stowe!l the law of nations, applicable
thereto lie likewise quoted from the writings Of CO.
vernon Cass, while Minister of the United States 10
France, 10 shaw the American view of the question ;
and concluded with remarks strongly III opposi-
ten TO the insulting claim set up by Great Britain,
and in exposure OF her tyfanniccl proceedings IN
China, Afghauis'an, and other portions of the world
whi!e she was avowedly the champion Of humanity,
and when undertaking 10 be the high sheriff of the
seas, and TO visi, and search American ships
Mr.. CUSHING rose 10 present, very briefly, his
vie IS of the controversy which had sprung up between
tie Governments Of Great Britain and lie u S, res
pectnr The construction of the Sh article of the treaty
of Washington and he thanked Heaven that,
me mber of The Congress Of the u. he could rise 10
and defend the construction Of that treaty
given by the Chief Magistrate Of this Union, in oppo
son to that Of The Prime Minister Of adversary 70
reign nation, and in maintenance Of the honor and in
Of the L. S. lie then proceeded to dives the
question Of extraneous interpretations and applied 10
il the law Of nations, laid down by Lord S,owell ;
and asscr, that this assumed right of search
was first asserted in n despatch of the Duke of Yelling
ton, addressed to The Prince Tulleyrand.
On the despatch Of Lord Aberdeen, in October, 1s4l
on his despatch Of The Goth December, 1911 on his
recent DESPATCH laid before the House yesterday
and on the speech of Sir Robert Peel which he ook to
be prepared exposition Of the views OF The British
Government-le assumed that all pretext for any right
of search removed, with the exception of what
vas conceded BY the treaty lie would remark, (and
called the attention of The committee to the iuc ha,
the negotiations and the legislation Of Eug land with
regard to the right of search went hand IN hand
There were two remarkable facts, 10 which he would
call The attention Of the country, IN the progress OF the
parallel system of negotiation and legislation pursued
BY Eagand The first was the act of Parliament in
1882 giving 10 British cruisers unlimited authority to
dclain and search ell vessels suspected in any manner
of being engaccd in the slave trade. Alongside of this
OF Parliament, he placed The qnin,uple treaty, CO
pv Of which he had made, and should eu.tody III his
speech when IL rhould be written out at length. Both
the ac Of Parliament ard the qnnppe treaty contained
the same provisions, t0,tdem rer6is.
Now, he would call the attention Of the country TO
the fact that. let Sir Robert Peel contend FOR any
e,-uction he pleased of the treaty of Warrington,
step thereby made on the part oil the UnI!ed
States, in advance of all other powers, on the
subject of the reciprocal right OF search. The u ),
instead Of agreeing TO rec Procal right OF search,
had substituted FOR 1t concerted cruising. lie contend
ed that the punt which was gained by the " otates
in the treaty Of Washington had had the effect of roll
mo back English negotiations TO Europe. Had not
the treaty of Washington been adopedhad The I. ).
conceded the idea of reciprocal right of search, the
practical effect wonG have been, that the reciprocal
rryht of search would have Income nterpoated in the
law Of nations The u. States prevented that con
Summation that, he asked, renamed! In the mes
sage of the President view OF the treaty was az
suinad and m the speech Of SIR Robert PEEL another
S.7 Robert Peel conceded all that a-ked IN re-
gard 10 The belgerent right Of seu-ch, and also as re-
CARDS the conventional reciprocal RICH, Of search
nut said there right 10 risi, distinct iI"m The
T,slt Of search, which lie declared would be assumed
and exercised.
Now, thu question he proposed to inquire into vas
this: Was there such thing as he right 10 visit, DIS
linci from the right Of search? In all the books on IN
;.rpatronal llw-bocks written generally upon the con
ii.esc terms ssdrot dc risife THIS tic only ex-
preston on the subject Now, there right OF VI
sting SHIPS exercised under the sonaioy laws oil our
Country also, right 10 VISIT, exercised under our
revenue laws. Bat these we're municipal nights OF
vsi.-no, the right to vls, upon tic u"npPropr,aied
parts OF the ocean, covering large space Of the globe
SIR r. Peel assumed that cruiser had Inc right TO,
visit vessels on the high seas to if the flag It puts
out is the right flag Now, suppose, according 10 this
doctrine British cruiser should meet vessel bearing
the flag of the U. S. The commander goes on board
and challenges the flag The master exhibits The ship
register and other papers, showing the nationality OF
his vessel If the f,g may be assumed TO be not au-
lhen,c, why may not The papers' May ro' The outhen
ITCHY OF the papers be called in question with as much
prop.iely the authenticity Of the Rag' II The board
ing nilcer may 90 behind the flag, why not also behind
The pa pers to The ships crew and cargo Where then,
he asked, was the distinction between The right to visit
and the beliseren, right of search: lie could find none
Either the assumed rgh. of visitation vas nuliiiy. or
it was the right Of search under another name lie,
therefore, denied the construction rut upon The treaty
by SIR r. Peel, and affirmed that Of he President CT
the United States.
On comparing the letters of Lord Aberdeen and the
message of the President, what would be found Did
Lord Aberdeen claim the right OF visitation in either of
4 nued virhf 10