The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-31
SEARCH AND SEIZURE OF AMERICAN
VESSETa

SEARCH AND SEIZURE OF AMERICAN
IIPORr OF Nh. MASON, or VIRGINIA, YRoN The
COMMITTEE ON rossIoN RzLArIoNs, xAps TO rHs
SENATE, NAY %, 1858.
me Oommtsse ou Foreign Rslasions, 70 whom was ~
rqure whether any Iesalaon necessary 70 enable w,
Presdeu, Of the TINTED Saes 10 peosecs American ,s
sgADht British aggression in the Gulf Of Mexico else
where whom has also been referred the yoaessse
Of the President Of the United Saes oomup cssng In
answer 70 reeolucn Of the senaae inyormNou concern
g me s,~s,r .. S coz vessels ey
the under Consideration and now report-rhe 90
cumep accompanying the message u the President
series Of acss on the Of the Uned
Sates the Cult Aexico and the West adis IsAeds
by the naval forcee Of Grest Britain OF character SO
marked ano extraordinary ~ ~ have nxed the attention
Of the country.
American vessels pursuing the paths OF lawful cor
mesce on the high sees, or passing tue Amsrican
coast rtD one oomesuc port 10 another Tag
their country, have been pursued fred MO aud
PEELED 10 stop by the public force foreign Power qaes-
ohea a. 70 t"e despnsnon toeir cargo, ard toe coar"c
'ey al tbesr crew. required to su ot
'bep zee papers sDd To scrUny into the objects aud
purpose Of their voyage.
In other hstsncss, American vessels anchored the
hsrbor o, friendly Power, at the port o. Sagua Ia
GrADoe, 10 the ieaDd Of ca been sublectad
police irqusitop BY the came foreign Pc yer snd 10 ike
manner reqnr.d 70 exbtb, their papes so5 to saon to
questions rs 10 her destination the Of their a.
sceDce from home, and the number ana of their
cr,ws
woulo appear from tho letter OF the Consu Of the
tpIeo Sstes at Havana "a document accompanying the
WeepsRe) that DO ess than fifteen lyioR
IN the parbor the port s Sagua In vande
10 undergo this buiatipg Of esponrg whilst
vessels the high seas In the Gulf or Sexco bearing
their country y flag, were above stated by actual
hbMiop and Of force enoaogerng, IN instances,
the lives Of those beard compelled stop sub nit
TO detept,op until boarding officer was satisfied 10 such
questions a. IL was bic pleasure TO put
Besides the To- tsnces above cited officially com NUM-
Gated with the Presidents message 10 reply to call OF
the Senate each successive arrival from the iofeset
quarter brings intelligence OF and additional aggres
s'oDs o. he character commis'ei ny the same Power,
vessels bearing the fss OF the United SA.ee.
Il has occasionally happened heretofore under crcum
stances OF p'sspprebepsor characterization OF orders
or from other and like causes tia. vessels of shs United
States have been subjected by tho armed force Of 20
reign Power 70 visitation and search in violation Of
national law, in dercgAon OF the
flag such isolated cases the honor OF the country
may sufflcis ntly vndcated ny Q osclamer
mt n6e6 BY rebuke Of the officer Offending But
the continuous and perseverng character Of the asgres
sions brought the notice Of tbs country
by Power With whom ct peace and amos, with
sight Of Shores sufficient 70 the j1st indg
ID. no snu ~. sos zoe CON
ree at and 10 end foay and forever the
Of like inc antics flag
The documents accompanying the message disclose the
fact that these acte u visitation and examination Anne
ri0sn vessels were sought 10 be tilted tho plea
OF pscessy for the suppression Of slave trade sup
posed TO be or actually carried out between Africa
the Island OF Cuba.
The committee ~l 60 any inquiry 10 reference
know that the Of the United States although
invoked has never been yielded to aoy such rysiem Of
police the Iney rect the ~ be
ooptroverted, that by DO principle Of international Law
. vessel uDoer the flag Of ns country be visited
detained the high 10 time OF by any iorego
power under any pretexi or for purpose Whatever
without the concert Of those whom the flag
Without gong at large into the questions heretofore
vov cd to The rights OF nations on
common highway OF The world, the open sea, the com
mitee deem this nevertheless, Of occasion u desiare
the principles always maintained by the United States
rec ulaipR the Of the open high of
peace and from which derived rights the peope of
the United States admitting ne restraint or qualification
and 10 be maintained ~ whatever cost
There right OF vstAt on far Of search TO be
exercised In the Of peace by any ships or
vesses Of other patens there be long the
lave OF the civizrd world touching the frsedom OF the
sea are respected by civilized Such cia m, there
fore, having foundation Law In the comfy OF na
tons be tolerated ny indsps ndeD, 90
but in oeroeaon Of Der sovereignty Neaer ia there
any dist 10 ne drawn 10 the claim OF right
visitation Al sea by the armed vesse Of foreign power,
when upAtt< by examination and search, and such
vtiation when attended
The offence violation of public law consists in the
visitation, without regard 10 its pu'pose when claimed
right, AZ nat the vi. Of the party subjected N IL Were
Otherwise, would follow, OF correatve
rsht 10 arrest and detan the vessel until tae vsion
enected.
The comuittee hnd these principles admitted AID en-
forced by the opinions and the decisions Of the
rent judicial authorities, both In shS country anu In Great
Britain
frhe case Of the Manana Flora IN the Supreme Court
Of ,be United states r~por ed II wheaton, page And
In England, the Of lie Louis decoeo by Lord
vel IN 1877 ano reported 10 Doosons Admiralty Reports,
vol 2, page 2iol
" W
pubic as First, in the equality OF ell Independent sates
and second the con use BY all recognized States Of
the oper sea a. q highway IN time Of peace
Such the rights and mmnpues OF ctzsus nsvi-
gatr the when have been dsgrsny sted and
outraged by armed vessels Of foreign po~er IN time OF
profound and In Instances aim let within
Of
IpdgpsBt as the American people are and ought 10 be
the cbarac and persistent repetition OF sach assres.
sions yet their occurrence Ano CAVITY viii oppHtaDey
supply he occasion AMI N end, and forever al u
tnre question o. 10 THIS rsn, vista ION 1t sea between
H.. x.As
muee refrain only from recommending At such
additional legrsuop - woulj he most eneoua 10 pro
,cn Abe character ,hus broush, TO the notce OF the
Ser frem the fact the President
letter 81 The Secretary Of the Navy accompanying the
tAse has art sdy ordered 81 the dposaoe naval
the country INTO he infee,ed quarter With orders to
protect ali vessels az the United States the nigh seas
from search detention by tn vessels OF Of any
other patton" These preventive only
temporary IN Their character, but 10 the Judgment o. ,bt
oonmiuee 70 W the full er'ept OF the porer Of tn
s believed, however, they piii for the presen,
further - o1encss In The quSter whence they have
Il appears further, from these Documents that the
altered state Of the relations between the United states
AND Great Britsp, which most from this aggressive
cepduet Of her armed vessels has been ar-sy brought
10 the poce Of hat Power, by opmmup'c>tions fros
the Secretary o. STATE addressed both V the Bitsh
Minister bere snd 70 the Minister Of The United States
Lordop
osarc be known until TIE result Of these ,ommuni
oaurR lao before Couer,ss bow far the &C In ques
reepsssbe. 70 the Earnest hope ~ The that
the that government may sHopt will be o. char
actor N satisfy the just De nan y 81 this and
at The ZANE tine % furnish guarantee ssansf tbe
repetition Of the cnsncs Nohcg short % this 10 tn
opinion 81 The commit &C. will b. compatible with pea,e
fu re stors between tbet.o Countries
In the present pasture n the snsir therefore the
'stee Ecrbesr nom recomr ding additional lessls
ton 20 enable the President 10 protect American
the he sess rem The Agreesions " foreign Powers
Bot they oil net forbesr the declaration that eep
ailon must be promptly supplied should result sho~
"A IN ar,
vessels engaged lawful mmerce on tse high secs from
all arrest molesauoo or detention made under any PR
tert or frcm any ousrer
conclusion the committee recon mend the adoption
the following rcso uucrs;-
Resolved las the Judgment Of the senas) That American
vesee the brh sess In time ~ bearing the Amer
tag remstn unee the iursc ~ The country Which
hey belong and hereere any visi sio alec alton de-
non Of tueh vessels by fosce BY he hIb
on The peri of 70 esn Foyer In derosson OF he so.e
reisnfv o. The I nitec States
Pesovei That be recent sn5 repeated vi-laons n this
immunity con msd by ve.se o. vsr belonging " the navy