Washington sentinel., 1854-04-23
THE RIGHT OF SEARCH.

ring the pending war, have given rise to much
doubt and uncertainty. The announcement is
made distinctly enough that for the present Eng
land and France will otissue letters of marque
and reprisal Butt seems tou that the determ.-
nation unequivocally expressed to seize articles
contraband of war, when found on board neu
ral vessels, carries with it most potent inti-
nation that the right of search will be insisted
on. We admit the right Of q nation, when en-
gagged in war, to seize munitions of war des-
tined for the use of its adversary; yet the
means necessary to ascertain whether vessel
is feghted with such munitions having such
destination have occasioned, and most probably
will occasion, serious difficulties and embarrass-
ment.
The government of the United States is
thoroughly and completely committed to resist
any attempt to search vessels sailing under the
American flag. Our doctrine has always been
that the flag protects the cargo. And we must
confess that we cannot perceive that England
has given up the right Of search whilst she an
'nounces determination to seize even articles
contraband of war on neutral vessels; for we
cannot understand how her cruisers can ascer-
tain that such articles are on board neutral
vessels without exercising the right of search.
In some instances it may be that sufficient and
satisfactory evidence can be obtained from
other sources; but those instances must be
rare, and in the main the right of search must
be resorted to in order to effect the purposes
announced officially by England.
Butthere seems to be another fact which threat,
ems unpleasant consequences. The Queen OF
England said in her declaration of war: Her
majesty will waive the right of seizing the enc
my's property laden on board neutral vessel,
unless it be contraband ofwar." Notwithstand-
ing that declaration, Lord Clarendon has for
mally made the following announcement from
the foreign office:
"SIR,: / am directed BY the Earl of Claren-
don to state to you that, since his iordship had
he pleasure of seeing on the 10th instant the
deputation of merchants connected with the
trade with Russia, his lordshp has further con-
sdered the questions put to him by the deputa-
ton whether Russian produce brodgh over
Tie lTUIltE ny oulppCu llOill tHSuNC
by British or neutral vessels, will be subject to
seizure by her majesty's cruisers and to subse
quent con6scation in the high court Of admi-
rally.
'Lord Clarendon conceives that the question
will turn upon the true ownership, or the in
terest or risk in, and the destination of, the
property which may be seized or captured; and
that neither the place of its origin, nor the man
ner Of its conveyance to the port from whence
it was shipped, will be decisive, or even, in
most cases, Of any real Importance.
.Such property, if shipped at neutral risk, or
after it has become bona tide neutral property, |
will not be liable to condemnation, whatever |
may be its destination. If it should remain
enemys property, notwithstanding it is shipped |
from a neutral port, and in neutral ship, it |
Will be condemned, whatever may be its desti- |
nation. If it be British property, or shipped |
at British risk, it will be condemned, if it is |
proved to be really engaged in a trade with the
enemy but not otherwise.
"The place Of its origin will be immatnrial, |
and if there has been bona fde and complete |
transfer of ownership to a neutral, las by pur-
chase in the neutral market) the goods will
not be liable to condemnation. notwithstanding |
they may have come to that neutral market
from the enemys country, either overland or
DY SGd. LOTu SldtSiuOu DdSy hONcNSIy W OD-
serve, that circumstances of reasonable susp
cion will Justify capture, although release, and
not condemnation, may follow; and that ships
with cargoes Of Russian produce may not i'm
properly be considered, under certain circum-
stances, as liable to capture, even though not
liable to condemnation.
II am sir, your obedient servant,
"H. q. ADDINGTON.
"FoREIGN OFFICE, March rs, 1854"
This circular seems to us as equivalent to a
notice that searches and seizures will be made
for other reasons than suspicion of contra
band cargo; and even that detentions will be
made whilst the admiralty courts determine
questions of ownership as to goods not contra
band. We trust, however, that the British and
French governments, even if they do not intend
to abandon the right Of search, will not attempt
to exercise it. The United States cannot, with
honor, do otherwise than sustain the principle
hat the flag covers the cargo. We admit that
this principle will, in some instances, be the
means Of preventing seizures which beligerent
powers have right to make; but infinitely
greater evils, and infinitely more injustice and
OPPRESSION would flow from recognition Of the
right to search. But, be that as it may, the
honor Of the United States is distinctly and
positively pledged to resist the right Of search
ing her vessels, no matter whether the pretence
be to reclaim deserters or to discover the own
ership Of property or the character Of cargo. |
The immense interest which the English
and French people have in the freedom of
commercial exchange will, we hope, induce the
rulers of those countries to act with wisdom.
We think that the true policy for our country
is to follow the line of strict neutrality; and
we think that the true policy of the bellige
rent powers is to permit us to follow that line,
by abstaining from unreasonable vexations
The right of search cannot be admitted by
the United States. That is fixed fact; and
we hold that it ought to be made known to The
European cabinets, in the most solemn and