New-York daily tribune., 1858-08-03


between the British and American Governments
on the subject Of the identification of the nationality
of vessels, is based upon the acceptance by the
British Government Of the doctrines laid down by
Mr. Secretary Cass in his letter to Lord Nspier Of
the 10th of April, 1853. In that letter Dir. Csss,
borrowing an illustration from one of Mr. Webster's
letters on the subject, written sixteen years ago,
thus states the case AS the identity Of person
"must be determined by the officer bearing q
process for his arrest 30 must the national
" Identity of q vessel be determined at the like
hazard to him who, doubling the flag she displays,
% searches her TO ascertain her true character.
"There 10 doubt may be circumstances which
"would so far to modify the complaints nation
would have q right to make for such violation
" of its sovereignty. II the boarding officer had
"iust ground for suspicion, and deported himself
with proprety in the performance of bis task,
" doing no injury ard peacefully retiring when
satisfied of bis error, no nation would make such
"an act the subject Of serious reclamation
This version Of the law, as laid down by Mr.
Cas-, IN sbt well be accepted by the British Gov
ernment, sirce it grants IN fact, more than that
themselves to claiming right Of visit, merely; a
right to call upcn the captain of the vessel TO show
his papers, expressly restricting themselves from
any right TO press this visit TO the extent Of a
search, which they have admitted to be exclusively
belligerent right. Mr. CASE, 1t will be seen,
while insisting that visitation under the oircum.
stances supposed, shall BE- regarded not as right,
but should the vessel turn on. to be American, as
an eIcusable trespsss, comedies at the same time
that in such the boarding icer Is not limited
to what te may discover BY casting bis eye over
the papers and the deck Of the vessel, the cabin
should be be invited to enter it, but that he may
proceed to the extremity Of lifting the hatches
oTefhaurg The cargo, and mastering the crew
in one word, Of search. Search, aud not risit, is
the void that Dir. Cas- employs to describe the
operation of identifying tie flag which operation,
while Insisting that it must be undertaken at the
Ii,k Of tie party who employs IT, he admits at the
same time to be an act which, # entered upon
in coed faith ca reasonable grounds Of suspicion,
sid conducted without unnecessary violence or
injury TO the vetssl or its crew, no nation would
make tie subject Of serious reclamation. This
stead Of vis.t wn no dOub. deliberate aud in,en-
tioDa' sirce IN bis famous pamphlet against the
QuiLtuple treaty lie argued q. eogth that tae DIS
iinc.ion Let up By Lords Palmers.on ard Aberdeen
between the light of 7,it AID Ihe rish. of search
wss wholly Dlosory and unf5uHoed, a. that yisit,
to be ef sny practical efficacy, must, 10 may
cases al lea't, be pusled 10 tue extent Of search,
AID must therefore be regarded as in substance the
ssme thing. In accepting Mr. Casss yersion Of
tie law, tie Brit,h are thus enabled to push tho
process Of verifying the dag further than they have
ever hitherto claimed to CO. for however it may be
Nsued that theoretically visit and search amount
TO TIE SINE thing, there is very palpsble prscti-
cal difference between ealing on the captain of s
clip TO ,how bis papers and proceeding to the ex.
irsmity of searching bis vessel.