Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1858-06-02

,nittee of FOREIGN ReLztiOnS-Mr. Mason, chair
man of the Committee of Foreign Relations, has
made report in relation to the late unlawful
boarding, by British cruisers, of American
vessels. After rehearsing the Outrages COM
planned of, the committee go on to say
1t has occasionally happened heretofore, under
circumstances of Misrepresentation, or mlscon-
struction of orders, or from other and Ike
causes that vessels of the United States nave
been subjected by the armed force OF foreign
power to visitation and search, IN violation oil
international law, and in derogation OF the IN
dependence Of our flag, and in such isolated
cases the honor of the country may have been
sufficiently vindicated by disclaimer OF intend
ed wrong or by rebuke of the officer offending.
But the continuous and perseverlng character
of the aggressions now brought to the notice OF
the country, committed by power win w " ON
we are at peace, and almost within sight OF our
shores is sufficient to arouse the just indigna-
ton of the country and calls, in the-oPinion OF
the committee for the most prompt and efficient
measures, to arrest at once, and to emo hnally
and forever, the commission OF ike indignlues
to our flag.
The documents accompanying the message
disclose the fact that these of visitation and
examination of American vessels we're sought 10
be justified under the plea of necessity for the
suppression of the slave trade, supposed to be
or actually carried out, between Africa and the
island of Cuba.
The committee will not go into any inquiries
in reference to such alleged necessity. 1t is
sufficient for them to know that the assent OF
the United States, although often invoked, has
never been yielded to any such system oil police
on the seas They rest on the position not to
be controverted, that by no principle OF inter
national law can q vessel under the flag OF It's
country be visiteted or detained on the high seas
in time of peace by any foreign power on any
pretext or for any purpose whatever, without
the consent of those over whom the flag waves.
Without going at large into the questions
heretofore involved as to the right OF ndepen-
dent nations on that common highway OF the
world-the open seattle committee deem this,
nevertheless fit occasion to declare the princl-
pies maintained by the United States as regulat.
ing the use of the open or high seas IN time oil
peace and from which are derived rights to the
people of the United States admitting no re-
Straint or qualification, and TO be mahulheu At
whatever cost.
There is no right of visitation, far less OF
search to be exercised in time ofpeace by any
nation on the ships or vessels of other nations,
nor can there be- so long as the laws OF the CIVIL
Zed world touching the freedom oil the sea are
respected by civilized men, Such claim, there
ford, having osfoundation in law or in the COM
ity of nations, can never be tolerated by an in
dependent power but in derogation of her sOve-
reicnty Neither is there any distinction to be
drawn in the claim of right between visitation
at sea nv the armed vessels of foreign power
when unattended by examination and search,
and such visitation when so attended.
The offence and violation of public law con-
sst in the visitation, without regard to its Pur-
pose, when claimed as right, against the will
of the party subjected to it. Were 1t otherwise
there would follow, of course, the correlative
right to arrest and detain the vessel until the
visitation is effected.
The committee find these principles admitted
and enforced by the opinions and the decisions
of the most eminent judicial authorities, both
in this country and in Great Britain.
They are founded in two simple elemental
principles of public law f: First, in the equality
of all independent States; and, second, the COIN
mon use by all recognized States of the open sea
as highway in time of peace.
Such are the rights and immunitieS of our cit
liens navigating the ocean, which have been
fagranty violated and outraged by armed yes
sells of foreign power in time of profound
pence, and in some instances almost within sight
Of our own shores.
Indignant as the American people are, and
ought TO be, at the character and persistent re-
petition of such aggresSionS, yet their occur
renee and gravity will opportunity supply the
occasion, and to end, now and forever, all future
question as to this right of visitation at sea be-
tween the United States and the offending Pow
err. And the committee refrain only from re-
commencing at once such additional legislation
as would be most etfectual to protect the COM
mcrce Of the country from aggressions of the
character thus brought to the notice of the Sen
ate, from the fact that the President las shown
by the letter of the Secretary of the Navy ac-
companying the message) has already ordered
all the dispOSabIe naval force Of the country in
to the infested quarter, with orders ito protect
all vessels of the United States on the high seas
from search or detention by the vessels-of-war
of any other nation" These are preventive
measures only. and temporary in their character.
but, in the judgment of the committee, go to
the full extent of the power OF the Executive in
the absence OF Legislative provision. 1t is be-
lieved, however, they will arrest for the present
further like offences in the quarter whence they
have proceeded.
1t appears further from these documents that
the altnred state of the relations between the
United States and Great Britain, which must
arise from this aggressive CONDUCT Of her armed
vessels, has already been brought to the notice
of that power by communications from the
Secretary of State, addressed both to the British
Minister here aud to the Minister of the United
States at London.
1t cannot be known until the result of these
is laid before Congress- how far
the acts in question will be avowed or dIsclaim-
ed by the government held responsible. 1t is
the earnest hope of the committee that the
course that government may adopt will be of a
character to satisfy the just demands of this
government and at the same time, to furnash n