The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-03
COMMUNICATIONS.
For the Union.

For the Union
The "Comrier des Eats Unis" publishes the fol-
lowing interesting article on the new treaty relating
TO the right of search, lately concluded between
France and England, by the Ducde Broglie and DR..
Lushngton;
"We will profit" says the Courier, "of the alb
Of political news, to call the attention of our
readers to question, which, although agitated be-
tween France and England, interests nevertheless,
in high degree all maritime nations; and that of
the United States, more so than any other. We al
Jude TO the treaty substituted by the Due de Broge
and DIR. Lushingon for the treaties of the right of
search. We gave the text of the new treaty in our
number of the 2lsts June, combining ourselves TO
point out the advantages and defects which at first at
tracted our notice. The press of this country al.
lowed this document to pass by almost unnoticed,
as If 1t did not contain any stipulation contrary TO
the interpretations given by American diplomacy to
the law Of nationsas if it did not introduce in the
police OF the seas any innovation, OF which the Amer
lean flag could complain Our contemporaries did
wrong in not considering more seriously this new
page added to the code of nations; but their inder
and silence evidently prove that they perceived
init nothing compromising the relations of the
United States with the two contracting powers.
Such was not the opinion of some organs of the
French press, which reproached M de Broglie with
having made to Great Britain concessions the result
of which will be to induce France to accede GER
tain British pretensons to which the Union had al
ways refused to submit The French journals, it is
true did not yet know the treaty. and Judged 1t only
from the vague revelations made by the London pa
pers. We think they were in error; yet we must
admit that the work of the two diplomats, French
and English is conceived in such obscure and ambig
uous expressions, that they are liable to the most
contradictory interpretations,
"The most important of all the clauses is that
which is most liable to dangerous errors; and we
should not be astonished if it caused lively oppo-
sition in our Chamber of Deputies, which will
L. "A Hoo
phraseology; or at least without the most explicit
explanations. The clause is that of article 8, in
which it is stipulated that the flag not being suf
hcient proof OF nationality, every vessel which
would desire to avoid being searched by foreign
cruiser, will be obliged to show its papers. The
cabinet of the Tueres will have great difficulty in
inducing the nation to accept such an arrangement
which, instead of abolishng the right of search, on
ly limits and transforms it. This examination OF
the ships papers may indeed be used pretex
for annoyances as frequent and almost as grievous
| as those resulting from search of the ship itself
The United States have always resisted this verh-
cation Of nationality; and their resistance will be an
energetic stmuant to the self-leve of France, and a
powerful argument against the condescenslon of M
de Broge. However, there being, after all, an in
contestabe improvement IN the nominal abolition,
and in the considerable restriction of the right OF
searchwhich, henceforth can take place ESQ to say
at distance, and without an English officer putting
his foot on board a French vesse-it is probable
that parliamentary majority will follow the cabl-
net in this first step towards complete restoration
of the independence of our navy. But will proba
bly, be necessary to this effect to formally stpulate
that the search of the papers is an exception to the
usages established by the law of nations and that il
| would be revocable, if experience should prove its
uselessness dangers. 1t will, above all, be neces
sary that there shall be pretension to apply, by
consent by force to vessels of all nations, this
exception, which must be reciprocally applicable
o1ah f,r Ia
generally applicable, it would be necessary to force
also the American flag to exhibit its papers and, as
we already stated, the latter will never make this
concession.
Snow, the article (sth) is written in such obscure
phraseology, that without its text being tortured
suspicious minds may accuse it not only of giving
to the search of the papers the force and immutab
ity of principle of the law of nations, but also o.
desiring to impose this search all vessels navi
eating the coast of Africa, without distinction Of
| flag This is so grave question, that we again
quote textually that unucky article 8, which is as
follows:
whereas experience has proved that the trade in ne
groes in the regions in which it is usually carried on il
frequently by acts of aperlous nature to thu
ing also that if the flag carried by vessel is Prima ae
sign Of the nationality Of the vessel this presumption mus
M s - q hs That ethsrTss %Ss
piracy slave trade any other illicit traffic
To all difficulties in the execution OF this conyen
II
nations and to the constant practice OF maritime nations
shall be addressed to the commanders oil squadrons and
cruisers the coast of Africa The two governments
have in reciprocay communicated the text
| those instructions, which remain annexed hereto"
"There are in these paragraphs too elastic ex.
pressonsthose, for instance, of all cases and all flags
Moreover, what is the nature of these instruction.
coorrnable to the la,o ofnaons? Is their object the
search Of papers, as thing conformable to the law
of nations, or simply to engage the cruisers to use
this arbitrary power only with all the reserve con-
formable to the law Of nationsl These are ques-
tons, the solution of which is full of gravity Il is
already a great fault to have permitted that they
could arise; for the first thought OF public opinion
must have been, that the bearing and intention of
article must be suspicious, since they dared not te
express them with that explicit lucidity Of which
the French language is SO capable. These suspi.
cons are the more legitimate and alarming, that \