Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-06-01

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u'usu olen invoked, has never been yi-.ietS" hny
sueu sys'em OF police on the sess. They restStAiE
pps!on' nor 10 be conroverted, that by no prifA<Sa
VI u!etna''ooai IA can vessel under the nag o$\
oouulry oe visited or detained the high ssh- \
time OF peace by any foreign power, under auy pre-
text, or Tor any purpose whatever without the con
sent OF those over whom the flag waves.
"itnout gong az large into the Questions tete.
lore involved as 10 The rights Of ndrpebdent
on that common highway Of the world-the open
seattle committee deem this, nevertheless lit o.
casioD to declare the principles always mautained
by the United States as regulating the use OF the
open or high seas in time OF peace. and from which
are derived rights to the people OF the United Stsr.
admitting no restraint or qualification. and 10 b.
| maintained at whatever cost.
There is right OF visitation, far less of search
to be exercised in time OF peace by any nation the
ships vessels Of other nations, nor can there he
long as the laws of the civilized world touching the
freedom Of the sea are respected by civilized men 60
Such Claim, therefore, having no foundation IN Is" o
IN The comfy OF nations. never be tolerated By az
independent power but in deroaaton Of he: sove
reignty Neither is there any distinction to be da"
in the claim of right between visitation at sea by The
| armed verssls of foreign power when unattended
by a1smina alton and search and such visitation when
80 attended.
The offence and violation of public law consists i'
the ctsitation without regard TO its purpose, when
claimed right, sgainet the will of the party cub
jected 10 it. Were it otherwise, there would follow"
Of course, the corrsatve right TO arrest and deain
the vessel until the visitation ia effected
The committee find these principles admitted and
enforced by the opinions and the decisions oi th"
most eminent Judicial authorities both III this conn
try and in Great Britain.
THE case of the "Manana Flora" in the Supreme
Court of the United States, reported in IL Wheston,
page /. And in England, the case Of "Ls Louis. d"
cided by Lord Stowell in 1917, and reported in Dod
sons Admiralty Reports, vol. ., page 2lO
They are founded in two simple elemental primo.
ples of public law: First, in the equality OF al nts
pendent Staesi and, second, the common use by ~
recognised States Of the open ses al highway ID 'h
time Of peace.
Such are the rights and mmunities OF citILen-
navigating the ocean. which have bsen tsgraniiy
violated and outraged by armed vessels of foreig"
power in time of profound peace, and in som" 40
| stances almost within sight of our own shores
Indignant as the American people are, and ought
be- at the character and persistent repetition OF sur
expressions, yet their occurrence and gravity WI
opportuney supply the occasion, to end, now an4
forever all future question rs to this right OF vsl
ton at between the United States aud the offend
ing Power. And the committee refrain only from r
commencing al once such additional legislation 81
would be most effectua to protect the commerce OF
the country from aggresrions Of the character thus
brought to the notice OF the Senate from the tact tEa
the President las shown by the letter OF the Secrstar
Of the Navy accompanying The messagel has ALREADY
ordered all the disposabe naval force of the country
into the infested quarter with orders ito protect g.
vessels Of the United States on the high seas from
search or detention by the vessels of war OF any othe
nation" These are preventive measures only ahi
temporary in their character but in the Judgment ci
the committee 20 to the full extent Of the power of
the Executive in the absence OF legislative provision
1t s believed, however, they will arrest for the pre-
sent further like offences in the quarter whence ihrl
have proceeded.
IL appears further from these documents that the a.
tered state of the relations between the United STATE
and Great Britain, which must arise from tins ~
gressve conduct of her armed vessels, has beeh ~
ready brought TO the notice OF that power, by COM
nf at nrH-e -est
both to the British Minister here and to the Minister
of the United Ststes al London.
IL cannot be- known until the result OF these com
municaons is laid before Congress- how far the act'
in question will be avowed or disciaimsd by the TO
vernnent held responsible. IL Is the earnest nope ~
the committee that the tina, Government may
adopt will be of character 10 satisfy the just d."
mands OF this Government aud, AT the same time 7"
furnish guarsptee against the repetition OF The {"
fence. Nothing short Of this, in the opinion I" tht
committee will be compatible with peaceful rela'io-
between the two countries
10 the present posture of the affair, therefore ihs
Ss }egIssif5SSs Ss"to to sfaDle s"'PsRs4k a"T a'
American vessels the high seas from the aggr,-'
suns of foreign powers. But they will not forbear
the declaration, that such legislation must be prompt
iy supplied should the resut show that II IL IeedrG L"
afford instant and full immunity TO vessels engaged
in lawful commerce the high seas from ail arrest
moeststion detention, nsde under any pret1xt or
from any quarter.
In conclusion. the COMMITTEES recommend TIE
adoption Of the following resolutions.
Resolved las the judgment of the SenaeD Tint
American vessels the high in time Of p-acr.
| bearing the American fag, remain under the Jurs
diction of the country TO which they belong, nnd
therefore any visitation, moleststion or detention o'
such vessels by force, by the exhibition OF force
the part of foreign power, il in dsrogaton OF he
| sovereignty Of the United States.
Resolved, That the recent and repeated violations
| of this immunity, committed by vesseIs OF war be-.
longing to the navy Of Great Britain in the Ga ct
Mexico, and the adjacent s-as, by firing into inter
| rupting, and other ss forcbly OBTAINING them on
their voysge, requires in the judgment OF the S-n""
such unequivocal and final disposition OF the rmhl-G
by the government of Great Britain and the United
Staes touching the rights involved, as shall prec!Hi'
| hereafter the occurrence of like aggressions.
| Resolved, That the Senate fully approves the ac
| ton Of the Executive in seuding naval fore n"
the infested seas with orders o protect all vessels {"
the United States the high from search ar dr
teuon by the vessels O!.war Of any other nation -
And il il the opinion OF the Senate, that If II becoI"
necessary such additional Legislation should be Tu
pied in aid Of the Executive Power ~ will msk- such
| protection eaectual.