Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-07-26
THE RIGHT OF SEARCH.

/ THE RIGHT OF SEARCH. III
.abshaet Of ISsrRucmoss Issued 10 the BRurrsH
and FRENcH NaUd Consmanders on the coast
Of .afriea ~ relation 10 The suppression Of the
siave-trade.
The English and French Governments are each
to maintain on the west Of Africa a naval force OF
not less than twenty-six vessels, 10 be empoyed in
watching all the parts Of the west coast where the
slave-trade is carried on, from Cape Verd to 49,
| south latitude. @ M
The senior British officer employed in this SER
vice is to cooperate with the senior officer Of the
French squadron in concerning and carrying into
execution the best means Of effectng the object de-
sired. In case station is committed to the charge
of the cruisers Of either nation, the cruisers of he
other nation may at any time enter the same for the
purpose Of exercising the rights committed to them
| by this treaty. sNe4lt
| The commanding officers of the respective ma
tional squadrons TO determine with what native
princes and chiefs it may be necessary to negotiate
treaties for the suppression OF the slaye-trade and
they are authorized to negotiate such treaties.
Where force is necessary to be employed to cause
the observance OF any treaty made with both nations,
such force to be employed only with the consent Of
the commanders Of both squadrons.
The commanding officers Of the respective squad
nation received respecting the slave-trade and YES
sells supposed to be engaged therein.
The French instructions appear to be particular
as to the establishing concert between the officers
OF the two squadrons t" Of every rank and order,
which is to apply not only to those of cooperation
which explicitly stipulated by the treaty. but also to every
circumstance which may admit the interchange Of mutual
cviies and the recipocaon of moral and physical co-ope
ration between the squadrons The duty all persons on
board the cruisers Of the nations while uphodng their
mutual independence will therefore constantly to aid each
other in the execution Of their respective orders"
The British instructions says m Isl q
sWh respect the VISIT SEARCH and detention Of vessels
belonging nations between which and Great Britain
existing relating thereto and for the suppression
Of the slaveade and also with respect vessels entitled
to claim the flag of any nation you will be guided by the in
structons of the H. and Ill Victoria chapter 73 and by
the treaties in force with foreign States and by existing
of Parliament the present instructions respect inerfer
ing herewith
'You capture visit or in any way interfere with
vessels Of France and you will give instructions the
handing officers Of cruisers under your oe abstain there
from. At the time you will remember that the King of
France is far from claiming that the flag of France should give
immunity to those who have right to bear it and that
Great Britain icH not aOD pese other nations 10 ecupe
pisif and examination by merely hosting French ag,
the flag of any other nation with ,cch Great Britain has
not By eristig treaties The right Of search Accordingly,
iohen from intelligence Uhich The officer commanding her
Maesfys may hare yeceiped from The aneues
Of The pesseI or other sufficient cause, heay hare
beue that the pessei does not belong 10 the nation indicated
By her coors, he u.s. the state Of The oeather ,cH adna Of
IL, 10 go ahead Of The suspected pes after communicating
his intention By haing, md to drop boat board Of her
to ascertain her nationality ifoa causing her detention
of~ yIa
cois Of Ohich she has displayed and therefore ,ohic
he is moi authorized to search but should the strength Of
mind, other circumstance render such mode of visiting
The stranger impraeicab he is 10 require the suspected
sci 10 be brought To- order that her nationality ay be as
eertaned; and he wH be justified enforcing if neces-
syy understanding always that he is mot to 10 any
cocrc'pe until erey other shall hare failed The
officer who boards the stranger satisfy himself by the vessels
papers, other proof Of her nationality and if prove
really belong the nation whose coo she BEARS and
which he is not authorized 10 search he lose time
quitting her. offering notice her papers the Of his
having disputed her nationality the number of minutes
the vessel detained for the object question These par
tculars be Immediately book Of her Ma
jesys cruiser and full Of the circumstances semi
TO the Secretary Of the Admiralty by the first opportunity
The duty Of executing these instructions to be discharged with
great and crcumspccion. For if any injury be occa
stoned by examination without sufficient cause by the
animation being improperly conducted compensation
made to the party aggreved and the officer erring will
incur the displeasure OF her Maiesty's Government.
OF course in where the suspicion of the comman-
der turns out well founded and the boarded proves
in spite Of her coors belong the nation designated
by those colo the commander of her Maesys cruiser will
deal with her he would have been authorized and required
to do had she not hoisted a false flag"
The French instructions on this point say:
With respect merchant vessels and cruisers bearing
the flags Of other nations whose Governments have successive
concluded with France conventions founded upon the p,
cple of the right Of Search and conoabe the treaties Of
1891 and 1885, change has taken place in the state Of
things regulated by those and you win have to carry in
ready issued These countries Sardinia, Tuscany, the
two Siciles, Sweden, Denmark, and the Hansc Towns"
Alluson is made to the simulated papers which
are generally furnished TO slave vessels, and which
are said to be mostly fabricated at ST. Thomas and
in the Island of Cuba:
"The law of the 18th April 1925, does not view as nm
act Of piracy the fact Of vessels hosting flag which
she is not entitled TO bear il is nevertheless contrary
10 the ,o of nationsa fraudulent act which, il tolerated.
would render impossible any police the sea-
observation Of merchant vessels by ships Of
such il is the duty Of cruiser exercise vessels Of
her nation. Whenever, therefore, yon may hare
10 suspect any fraud Of this nature you at liberty 10
verify The national character Of The suspected rcssef Dyur
suspicion should turn out 10 be weH toundsd-f The s,ls-
pecfed pesse prone 10 be either French subject 10
your observation rrfue Of treaties actually IN force and
If such pessef be acftdu engaged ia he trade go ,cH