The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-26

sire 70 e,s TO the principles Of her Maestys declaration
lie solemn sanction of both government and tnusl ~
their combined influence recommend the adoption Oh
them 10 the other nations Of the civilized world
In issuing this declaration her Majesty has aonS ~
Great Britain had acted during long period previous y
the wars of the French revolution We have been reeen
informed by an eminent British statesman thal aurug
the century and quarter which preceded these wars the
all but inyarabe rule Of British friendly relations as co
tablished by treaty with the great maritime powers
western Europe Stree ships, free goods ihaeeu
has been observed by high authority on international
law Wheaton shat there is great preponderanee o.
modern treaties in favor OF the maxim lrs goo
sometimes but always connected with the corelaye
MAXIM enemy ships enemy goods 80 that II may be SAID
that for two centuries past there has been constant
tendency TO establish by compact the principle that the
neutrality of the ship should exempt the cargo, even II
enemys property from capture and conscaon as prize OF
war"
reference to the treaties concluded within
this period among the great maritime powers OF Europe
Great Britain included win abundany justify this state
ment.
tanned against nearly all the other nations of Europe from
1898 till 1875 caused her during this period 10 fall back
upon the ancient and rigorous rule Of capturing and con-
scang the goods of enemy the vessel OF friend
favorable connncture Of circumstances, however has
led her to the liberal policy which she an
nounced the of the present war with
Russia Great Britain by surrenderng her claim TO cap
ture the goods of enemy the vessels OF end IN
Difference TO the French rule and France on the other
hand by yielding her claim to conhscate the goods OF
friend the vessels Of enemy in Difference TO the British
rule have indeed come happy accord The two great
maritime powers Of Europe have thus united in recog
nsing principles well calculated advance the Of
civilization the just rights of neurals and pro-
the best and lasting interests Of all commercial ma
tions.
is unnecessary at this day. advance arguments in
support of the general doctrine that the flag shall protect
the Cargo Why should neutral be compelled TO aban-
trade in lawful articles with It's
friend simply because that friend has become the enemy OF
Il third power The rights of ought not in the ma
ture of things extend further than to exact from neutrals
the interruption Of all trade with bockaded port and to
subject articles contraband Of war to capture and consca
ton. ss @sl Ea ~
principle which apply with peculiar force to Great Britain
and the United States.
SO various and SO momenous the interests involved
in preserving and perpetuatng peace and friendship be
these countries that It'll the imperative duty of both
far may consist with their essential rights carefully
to abstain from any Of policy which might endanger
The exercise Of the begerent right of search is at best
delicate proceeding and must ever arouse Watchiu ea
ousy the part of the people of both countries Ac-
cording the established public law, vessel on the high
considered portion of the territory OF that nation
to which she belongs. The search OF such vessel by
either party when belgrent will never be submitted to
with good viii by the other being neutral should this
tend beyond the necessity of asceainng whether there
are articles board contraband of their way to
the enemy When the search proceeds further and seeks
discover whether there enemy property on board Its
character is altogether changed The searching officer then
u
property in which his pecunary interests are directly
involved. Under such circumstances the temptation is
strong to feel might and forget right
On the other hand the British American master of the
vessel searched would naturally consider himself the in
jured party and with that susceptibility to wrong which
is both the characteristic and the pride of the people OF
believe to be the unfair and arbitrary conduct of the
searching officer. Hence bad blood could not fail to be
the result and constant and dangerous recamatons would
thus arise between nations Their past history fully
justifes such apprehensons
Should the searching officer decide that enemys goods
have been found board what is then the consequence
The voyage is broken up the vessel is conveyed to the
country of the capor however distant it may be- to await
the decree of court Of admiralty and whether this re-
suits in the amance reversal of the searching officers
preliminary decision, the loss in many instances is nearly
the TO the Of the vessel and cargo. Should
the enemy, the party injured is Notwithstanding de-
rved OF all redress for the wrong, provided it be their
opinion that probable existed for the seizure But
IT, u the Judgment of the court, such probable cause
had existed then tie injured party is turned round
for redress TO the prosecution of tedious lawsuit in
foreign country against the capor the delay trouble and
expense of which would in many eases render the
dy of little no value and in the end he might prove to
be insolvent
The undersigned cannot be mistaken in supposing that
If the United States should be engaged in war; and Great
Britain remain neutral the search by American cruisers for
the property Of their enemy board Of British vessels
would give rise 10 many serious complaints the part
British subjects. On the other hand the past history
the two countries unfortunately proves that the search
American vessels by British cruisers for enemys property
has already produced the most unhappy consequence
The truth that from its very great abuses are in
separable from the exercise of this right of search
The establishment of the principle, free ships free
goods" will ehecuay all these dangers. Even il
the sacrifices made by either party when begerent
arising from the abandonment Of the opposite rule were
far greater than they will prove be- what COMPARE
son would they bear TO the evils resulting both nations
from state OF hostes brought about under Its malgn
influence
The undersigned has the honor renew TO the Earl Of
Clarendon the his distinguished
JAMES BUCHANAN.
The Right Hon. the EARL CLARENDON &c, &e &c