The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-14
Ths Right Of Search Question.
LORD pALMxRsTON's PRIVATE OPINION ON 7


Iron the London Post, July 29l
In The short but highly instructive discussion
took place in the house OF Lords on Monday night
esa'ed that the right OF visitation and search haA
therefore, the present government could claim no
for having made . concession which, Ia reality, u !
cession ., all. Lord Iynohurst, with that 20 81
which at biz great see perfectly marvellous state
true principles OF public law which are appicatloD
devastation OF ships at sea. With the exec p,icn
pirate, which, a. an enemy OF the human ~
ceive no protection from any flag, and with 10
Of the mutual power which treaty may eise
thing as the right OF visitation and search exist
Of peace. Lord Siowell, IN the case OF lie Louis,
declares that
The right of Visitation snd search upon the con
unapproprsted paris of The tes caas OF be exercise
q Sir ss''s-'A' ''s''sn' claim ne only i'un''s
AL foreign jurists, Including wheston, dc Hau'
Orftlan ana Duverdy, make the same Same sta
Lord Aberdeen, however, says that the righ. w
up at the time OF the Ashburion treaty, when Inst
given TO the British cruisers not To in,e fer,
American veseels, and thst unless those nstruo;ic
recently been exceeded, the practice O. this oou,
mains as y was setiiei IN the year ls42 o. ~,
noble earl evidently forgeh that the A
government have always regarded the
visitation and search in reference, hrs to The cai
Erglsnd has made 20 impress British sailors IRON
vesscls--a claim which led 10 the var OF 1919;
ference, secondly, to that mara,me police wi
every N ears, England hes cndeayored to enforc
p,erItorious object Of enppressing the slave tra1
questions we're expressly left unsettled By The
1s42. The practice Of irpeesmept cannot Q,
peDo epty OF the right OF visitation and search,
for bali century England has jui.oicusIy abslsine
revivirg this clam Il still exists IN ibenry, because
peyer been formally Abolished. The American z
ment, IN the other hand, las consistently adhered
simple and ntelligioie principle, thst--
In ev.ryrt gulsrly documsnted American vessel N
who rs,lxste IN i hns tser protection 10 the sag,
ssa.. o ss M ssssr
and Independence OF nations upon the We shsl
tisie no more Dor attempt 70 negotisie more about
broad seas or narrow seas. Hrnoeforth the deck
Am, rean ve.sei y mace. ssels 10y any sues
have read and that declaration will stand.
Uhe Britsh subject who ssrres IN an American
,cor Is practically protected By the flag If the Umi
IN pace, and perhaps eusn an oose q capture 81
PRINCIPLE iaid dora by Mr. y.fsrsm and M.
vopldbe an idle boast u ne samS immunity did
10 the commercial marine of America IA ia,
highly desirable that all ,be civiIz ID nations OF
should concur IN embodying In some simple O.
which esch might apply TO the ship Of forclgus
the purpose OF ascertanipg the hwfulness OF rs q
such rules can only be made BY compact because
merchant weasel u pavigAtpg the open ga, all sr
which tho vessel belongs s 70 be considered the lc
sny offence which The crew may commit, and
nouncipg that the Offenders must be tried BY the
Of that country. According tothu rte,c, the rioMt
tsor and sedrcA, 70 NOR gratuttou, rt,ce Of mt
mich, IN peoce, no country can legally ererct
Lard Aberdeen, ns British crulser meets IN
vessel fun Of SLAVES
The OH ,erv would have M right whatever 10 Wei
hcr unless they bad good ground TO suspect that 81
According TO this doctrine, because certal
choose 10 make q fraudulent use OF the Amer
British cruisers are N overhaul every Amerf
which, whether rightly or wrongly, may
pected to belong 10 country With which Eoels
an intervi. isason and tlave trade suppression
Again, according 10 this doctrine, IL pirates should
choose to paironise the Amerisan nsg, British
would be fulfilled everywhere upon the ocean In
American ships. But even where Q vessel 10 exau
the suspicion OF piracy, the cruiser undertakes tn
ton at her peril, and, II any damage ensues, apol'
compensation must DO given. To visit and search
only in Que instance out Of thousand . fair case
ricon may be found TO exit, and where the wee
really American must be permitted 70 90 free, epen
she be fflsd up % ne hatches ,cith slores, and "
ne sea ichich daily are lto'i1hed by Am rtc1a ..
crP.ars 20 Be q polsc, lrcygn. na only ,c'm ir,
prfb dGr0er. In tho last despatch which Lord
wrote on this subject he sisted
We have no pretenssons 70 interfere In any msnrs
y detention, visitation or search, with vessels OF the
nd viii exercise the right and necessity Of sscerts
enutneness OF any sg ,bw uspec'ed vessels may ca
com mit,ed IT, IN spite Of every precsution any loss o.
should be sustained, prompt PREPARATION win be afford
that We should abandon the right itself IL quite impos
The American government, on the other hs
adopted different principle. II has declared
every purrose Il will maintain its own marine
lord Aberdeen suspended the exercise OF the
rather pointed out the limited and guarded IT
which me right, 10 cases OF necessity, might be
Now the law ofhcers Of the Grown have given this
| opinion
That by International law this country has n
search, no right OF visitation whatever In time Of,
There Ia consequently very obvious and mars'
rnouon between the Suspension Of right and is
apohnon ihe American government, extreme
tive on all questions Of this nature, knew that "
might any Day be reasscrted, ~ one not dead bat
Sleeping; and recent occurrences In the Cuban
though grossly and purposely exaggerated, have '
.bis most pernicious and fruitful scarce Of intern
irritation and jealousy. We believe that the lss
NINE es0wn-or rsshas sssmioriV u lhsn-0si'