The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-04-19
THE RIGHT OF sEARCH.-AN IMPORTANT ENGLISH
AUTHORITY.

case of great interest involving the principles Of the
right OF visitation and Search tried by the English
high of admiralty in 1917, and indebted to
egent friend for the following statement and also
for the important from the opinion given by the
English Judge and the argument OF counsel II appears
that on the 18th of March the French ship Lee Louis
was acn off Cape Mesurada the coast OF Africa by
an Eylsh armed vessel after engagement which
follow cd an attempt escape. Twelve British lives and
three French lives lost besides those who were
wounded The "Le Louis" engaged in the slave
trade II will be that these proceedings took place
after the second war between this country and Great Brit
ain when the principle insisted upon by the latter and re-
sisted by the former the right of search Hence the
value of the doctrines forth The United States have
however continued resist and strongly than
ever the right of search visitation all occasions
The Swedish claim resisted By England is almost the FL
Dorado again. for it is acknowledged that the
latter was within the marine league when she was
fred into while is asserted that she going into Ha
puma The principle laid down by the English Judge that
the exercise Of certain contested rights in the face of rea
ties or without treaties, exercise of power hch
pro tanto CONVERTS STATE a WAR;"
is most significant:
Argument Of the Counsel.
He then laid primary and fundamental rule of
the law of nations that the right uis aud search foreign
ships on open does not es in time Of and this
position he proceeded establish upon the three grounds of
reason, authority. and practice.
Adverting to the practice nations sanctioning dis
avowng right in question, he observed that the Por
gues the time of their great in the East Indies
wished exclude all other European nations from any
merce with portion of the GLOBE and claimed the right
of detaning ships engaged in such This, which
vatte calls pretenson less inqutous than chimerica
was made jest by the nations whose inter
dcted and they agreed to look acts of violence
committed in support of just of The
swer Queen Elizabeth (anno 1922 to the Spanish ambas
sador, upon a similar occasion, express this
point She stated broadly " that her subjects had
right freely to navigate the ocean, since the
use Of the air and the sea was common to ALL" In
1887 Spain again claimed the right Of searching British
ships in the seas but this asserted right again
expressly denied Great Britain and the conduct of Spain
in this respect termed by Mr.. Pitt afterwards Lord
Chatham) an usurpaton inhuman tyranny, claimed
and exercised the American SEAS occasoned gem
indignation throughout the kingdom, and instant de-
for redress pan in consequence OF the remonstrance
addressed to stipulated make good the
losses sustained by British subjects which stipulation implies
an admission she had done wrong On of
remuneration agreed upon orders for reprals is
sued Britain and these followed by the
which terminated in the of Axa Chapele in l74s
Judgment Of VIM Scott, December Is, 1877 High Court Of
Admirably
"hOehci
lists in time Of peace have observe that principles
of public law are generally recognised Fundamental
perfect equality and entire independence of all distinct
States This is the great foundation of public law,
which mainly the of mankind both in their
polite and private capacities to preserve nyolate the
second that all nations being equal all have equal right
uninterrupted of the unapproprated parts of the
for navigation IN places phere local authority
is ehere subjects Of all States footing Of entire
equality and independence State any Of suect
right exercise authority the subjects
Of another. find authority that gires the right
of interruption The navigation Of States aay upon the
high seas excepting that which the rights of give
both bellgerents against neutrals. y
But present, under the lao generally understood aud
practised, nation exercise right Of visiaon and
search e and appropriated parts Of The sea-
sare only the belligerent claim. = y
Upon principle much just in itself tempe
ratey applied maritime States right of visi
aton and inquiry within those of the adjoining
their shores, which the courtesy nations has
for their convenience allowed to be considered as
parts of their domnions for various domestic purposes and
particularly for fiscal defensive regulations mmedi
ately affecting their safety and welfare Such hover
ing laws which within certain limited distances
moderately assigned subject foreign vessels such examna
ton This has nothing in with right of visitation
upon the unapproprated parts of the
recent Spedish claim Of examination the high seas,
though confined to Swedish ships bound SoediA po and
accompanied in not very consistent Ineligible
with disclaimer Of all right of visitation resisted by
If felt it necessary press the consideration further
would be by stating the gigantic mischie which such claim
likely to produce. 1t secret particularly in this
place. that the right of search in time of war; though
questionable is not submitted without complaints loud
bitter in spite of all the notifications that be applied
If this right Of is impaired into peace by conventions
win be for the prudence of States regulate by such
venton the exercise of the right with all the oenngs of
which it is capable Treaties however, it must be
bered pehable things, and their obligations dissi
pated by the first hostility. The covenants however solemn
for the abolition of the trade for the exercise Of the modes
coexist only with the relations of amty among
confederate States At the time may be hoped
long the treaties do exist and their obligations
sincerely and reciprocay respected the exercise of right
which pro tdHto CONVERTS STATE PEAcE STATE
be conducted not excite just irritation
But If be assumed by FORCE and left large operate
ciprocaly the ships of every State (for be right
Of all against ALL without any other limits tme place
mode of inquiry than such the prudence Of particular
States their individual Subjects may impose, leave the
tragedy contained in this illustrate the effects that
likely arise in the very first stages Of the process without
adding the what must be considered a
full part of the perpetual rstions and the universal hos
Utility which are likely to
HON. BURTON CRAIGE.
The Of the intention OF this gentleman to
be candidate for reelection Congress from the Sails