The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-26
From the Baltimore American
RIGHT OF SEARCH.

A late debate in the French Chamber of Deputies
brought forth n clear and explicit declaration from
M. Guzot as 10 the construction of the eighth art,-
Gle in the treaty between England and France for
the suppression of the slave-uade The published
instructions by the British admiralty to the officer in
command of their squadron on the coast of Africa,
were regarded by some ambiguous; it was rather
a matter Of doubt whether the enforcement of them
would involve the principle of ne right of search
not The French instructions were pretty much of
the same nature; aud the apprehension arose among
some of the leaders of the opposition in the Cham
Der Of Deputies as well as among some of the lead
ing presses in Paris, that the French government
had fallen in with the British views respecting the
right of scarch--yews which the United States had
rejected.
In the debate on the bill demanding ten millions
of francs for expenses relative to the naval division
on the western coast of Africa, distinguished mem
Der, M. Dupin called the attention of the Chamber
to one of the possible consequences of the treaty in
question. Referring to the part of the instructions
which spoke Of the verfcaton of the nationality Of
vessels being obtained in the forms followed by civ
ized nations, he supposed that the Americans were
meant as well as the English yet there existed be-
tween those two natlonsyery considerable differences
on the subject Of the right of verifcaton of vessels
hag-a right which, in his opinion, the Americans
comprehended in a more liberal manner than the
English. Was, therefore, the verifcation of nation
atty to be understood in the English the Ameri-
can wayi He had no doubt that the French officers
would exercise their right with their usual polite
ness but it was desirable to know if they were not
obe called OH TO act with respect TO foreign vessels on
English principles, which might have great incon-
yenences with regard to the United States.
In reply to these questions, the following obser-
vations were made by NJ. Guizot
The Minister of Foreign Affairs was well pleased the
point IN question had been mooed He hoped that the expla
nations which he was about to give would leave doubt
m n In hhrnlR Iha
question was certainly very difficult Was it possible
10 admit in order to verify the nationality OF vessel,
manner OF visiting her under certain conditions not invov
ing the same Inconvenience to the right of search Of
which the chamber had demanded the ahotonl Such
The question which he had TO examine Two solutions had
oen prepared for the natter in it mentsned that
Tue nag completely protected the ship, and that person
possessed the right TO verify whether it false
he chamber must al once see, that II this principle was
admitted all police OF the would be impossible since il
Nouldbe sufficient to hoist flag different from that Of the
cruisers to render the vessel nvolabe In the other sys
m twas declared thai every vessel OF war had right to
m all merchant vessels and to ascertain by all possible
means their real nationality. Such the two lrnci
PIES one favored all kinds Of robbery at sea- and the other
shoekcd the liberty Of commerce and wounded the senti
meats national Independence Betw these absolute
principles an arrangement became necessary in practice and
wS recognised by all powers that vessels OF war had
right merchant vessel and TO verify nationality
when there any for suspectng her Of piracy that
was allowed and prctisedby all nations France had done
more than that she had declared in the piracy bill Of 1925
bl soemnly examined and discussed in the two cham
nerS-at the fact OF sailing without papers constituted
PIRACY Nay, morei she had gone further, and had laid II
papers on board also piracy SO that the French navy
mad right to visit merchant vessels to ascertain that they
hdroer papers board aud that they had not several
papers on board But the question: IN the absolute terms
70 which he had just alluded had arisen between the
United States and England The Americans said mo pow
~ can VISIT an American vessel England replied, ~
visit oil vessels when suspect their flag 10 be false"
speeches had been delivered both in the English Para
men and the American Congress on this question An ar
Iangenent fort OF msdius terminus had been to-
which had not been solemnly proclaimed and published
but which had been written down in the instructions
delivered by the two nations The following were the
words Of the American instructions: THE United States
do not evidently pretend that the action hosting the
american nag can confer privilege those entitled
TO display IT, Such protection would expose their flag TO
he degraded since would excuse acts of piracy
Whenever therefore, cruiser Of another nation shall
summon American vessel 20 heave to- in order 10 be
visited the vessel really American one the marty so
offended can appeal to either the English tribunals those
OF the United states w. the contrary IL be
that the vessel had not right display the American FAC
claim for damages be raised" England on lis side
declared that did not pretend TO visit vessels really Amer
lean, but that had right that the vessel
hosting the American dag really what prof Ssed 10
be- that should exercise that preension al lis risk and
peril; and that IL tho nationality Of the visited vessel an
peaed undoubted damage would be the conseaucnce and
consequently indemnity could he justly demanded Such
was the arrangement written in the instructions of the two
nations Let the chamber read the instructions com
muncated by the French and English governments and
would see th,t they in exact conformity to the fac
which he had Just mentioned lie used the word actr de
sgnedly because the American nation had recognise,
9e right On the contrary they had positively declared
existed neither for them for France II
olnayal mattea necessity OF the police Of the which
had been admitted in the relations between the Unite,
States and England; which bad teen set down in tho in
structons given by the English and American govern
men and which had since been recognised by Englan'
and France There therefore, nothing in this that
not perfectly in conformity with the real principles Of III
rights OF nations. There nothing whatever that
not perfectly Ia conformity with the protection and indie
pendence Of the French nag and the chamber might
certain that the government would always maintain Franc
~ The position which her interest and dignity demanded
lAPplausel