Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-12-20
CONGRESS.
FRIDAY, DECEMBER II, 1851.
IN SENATE.

AAN pA11N&Aih.
FRIDAY, DECEMBER IL, 1851.
Mr.. BRIGHT in pursuance of notice, obtained leave tC
bring in joint resolution repeating the joint resolution
directing the Secretary of the Treasury whenever any
State shall may be in default Of the payment of int
in its stocks bonds held by the Uni
ted States in trust retain certain moneys to which said
State is entitled for the purposes therein named which
twice read and referred to the Committee Finance
Mr. MILLER, in pursuance of notice, asked leave tc
bring in a bill giving further remedies to patentees
which twice read and referred to the Committee the
Judiciary.
ALLEGED OUTRAGE ON THE AMERICAN FLAG.
The following resolution submitted by Mr.. CAss the
9Th instant, came up for consideration:
Resoired That the President of the United States be
quesed communicate the Senate if not inconsistent with
received respecting the firing into and seizure of the American
steamship Pomeheus by British vessel Of war; in Novem
Der last Grey Town. on the Mosquito coast; and also
the Of the fact and to vndcate the honor OF the country
Mr. CASS rose and said Mr.. President, do not sup
pose that this resolution will meet with any opposition
and rise principally to say that know nothing of the
facts this case except what stated in the public letter
OF the captain Of the steamship which was attacked and
captured 1t appears by his statement that wanton
outrage committed by British vessel Of war upon
the ag Of the United States which calls for speedy
PLANTATION and redress.
do not understand from the precisely where
this aggression place. whether within any territorial
jurisdiction defined by the laws of nations upon
the high seas beyond its reach. In either event, it
less insulting than it was ndefensible within the
jurisdiction of the Indian chief called the Mosquito King
England before she approves the must dsavow her
treaty obligations because she has stipulated with
that she will not assume or exercise dominion over
Nicaragua Costa RIGA, the Mosquito Coast any part
of Central America. the seizure was made upon the
high seas involves considerations OF the gravest charac
ter, affecting alike our honor and our interest
When reports of such fragrant violations Of our rights
reach u.s. with too much promptitude. Let
us show to the nations Of the earth that the American
Congress watches with jealous socude the conduct Of
other Powers towards vessels well upon the broad
ocean as in the secluded place to which the energy
and enterprise of citizens may conduct them While
England in her dreams of universal maritime sovereign
ty aspres exercise surveillance over all the navga-
bic waters that surround the globe it is our duty to
ercise surveillance flag, and to guard it
with the utmost power Of the country from the desecra
ton of foreign violence SO that wherever it floats
that it is the ensign OF jealous Republic
ready protect all the rights of its citizens within the
law of nations, and where protection fails to
them.
Mr. President much of the infancy Of Government
was passed in arguing the question of maritime rights
against the outrageous claims urged by cupdy
and ambition yesterday stated by the honorable
Senator from New Jersey (Nr STOCKTON, in language
equally eloquent and true trust its maturity will be
passed in very different manner-in defending and en-
forcing them when necessary not with the pen but with
the iron hand The argument long since exhausted
under the administrations of Washington and Jefferson
and Madison rather the true principles stated
with great force and knowledge for argument against
these positions there Those statesmen main
tanned the doctrine that in time Of peace Power
earth has the right to board and search an American
vessel for any purpose whatever and that in time Of
begerent Power has the right to board neutral ship
solely for the purpose of ascerainng her real national
character which, having ascertained the cruiser must
depart pcaceaby, without touching seamen cargo.
And this doctrine of the invioaby Of our flag should
be cardinal principle in policy to be adhered to
with anyeldmg enacity In all our vicssitudes whether
of prosperity adversely The soil of the Republic and
the flag of the Republic should be equally sacred and the
violation of either equally avenged. And trust that
in all time come, the boarding and search of an Anne
rcan ship upon the great highway Of nations where the
proceedings of the officer approved by his Govern
ent except in state of hostes, begerent right
merely to ascertain her national character will be
sidered Of war; be met by the whole power Of
the country with energy and unanimy great to-
ward an invading force crossing our boundary
observe among the executive papers laid before us in
relation the Cuban expedition that preensions adj
yanced by the British and French Governments which
bring each others claim to search vessels in
form. The principle has assumed many phases and is
destined to assume many more before ITS mai abandon
ment. The last comes in the guse of right to pro-
the Government of Cuba and to exercise
police the neghborng seas by stopping and search
ing vessels bearing our Tag and nav1gaed by our cit
zens We are not told whether this engagement for this
purpose, between France and England, is temporary
diplomatic arrangement, whether it is permanent
guarantee making part of secret treaty BE this as il
may we want such ministerial officers to NEEDLE
with us When our laws violated are quite able
to punish the offenders, and when unforeseen acct
dents prevent punishment as sometimes will hap
invoke, and trust we do not mean to permit, either
France or England even France and England, to as
be sheris and judges and to take American Cit
from the decks Of American vessels and from thu
Jurisdiction of American tribunals, and punish them
their own discretion. An Government contend
for said the London Times In 1872 the subject of thu
right of search sis the right to act consabes
boarding suspicious vessels bearing the American flag
modest claim, and modesy urged especially with thu
admission made by the powerful but reckless jour
nal that, in the practical enforcement of the claim
search the searching party, being from the nature
the the strongest and moreover ordinarily speak
ing persons Of summary habits, were apt to be some
what arbitrary in their judgments Of who American
and who was English mhen they doubted they took III
trek" Memorable words never to be forgotten by tn
American people or by their Government
American citizens offending against laws are re
sponsibe tribunals and to other earthly jurs
dcton except in the of piracy which by universe
is crime against all civilized nations, and may
be punished by either of them. If indeed Adventures
from country engage in an unlawful expedition
against any other they of course liable to the
quences of their Accomplishment by the Government
injured, when taken in the attempt But this is far diff
ferent from the voluntary nterposton of other Powers
watch the high seas under pretenson which cannot be
carried into effect without assuming its coroary the
right to search every vessel which may make her appear
upon the Gulf of Mexico indeed along coast
wherever these protecting Powers choose to exercise
this rude jurisdiction For the claim prevent vessels
Of certain character from approaching Cuba includes
Of the claim examine all vessels found within
the aooed region in order 10 ascertain whether they
within the condemned class whether in fact the trick ma,
not be taken, by virtue Of little wetmed doubt. Or
In other words this doctrine if established would estab
hsh the full right of search at all times upon waters
the ocean, whose free navigation is essential to the
United Sttes as is that of the English Channel to Eng