The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-27

ana HhNt ~ uisIoSitlo'' W
The oce of the ocean 10 any other Power, aud they
will L,vcr alter in Their determination T. enforce
tltir cWn laws IN their own vessels, and by their
own power, and to oppose The prcten.on OF every
ol na'ion 10 board them by force in time OF pc
Your lor,ship while stating that IL il the habit of
verses tie coast of Africa e. hoist the American
flag ~ protection against British cruisers renirk'.
that His precaution d es not protect the Shaver
iI,m witt but eXonerates her from search" The
distinction here taken between the right of visitation
and the right of search, between entry for the
pmI'se Of examining into the national cha
iacier Of vessel and an entry for the pur-
pote Of examining into the objects of her
voyage, cannot be justly maintained upon an recog'
nzed principle Of the law of nations TO the former,
Lord Pamers,on, IN his correspondence with the
American Minister at London, added that 1.-The ve5
rel must he navigated according u law" To permit
foreign officer 10 board the vessel of another
Power, 10 assume command IN her, to call for aAd
| examine ! er papers, TO pass Judgment npon her
character Ia decide the bread inquiry whether she
is nayigs,d according to law and ~ send he ia 1t
pleasure Tor trial, cannot Re submitted To Nv any
ir.spTdert cation without injury and dishonor.
Tit Uutet States deny the right of the cruisers of
any other Power Hhstever, for any pnrp,s what,
ever to their vessels by force in time Of peace.
No such ,ght is re ognized by the law OF nations.
As loId Sto~e Truly said:-
lean aaucsay that gives the rsht of Interrupt
op TO tie avssnn y StAfs npon the hsh ses, except
tbst WHICH i,h 81 eiess 20 Backgrounds sgaiosI
ptuIa,s M itp cCu sclse 90; nj visitltoo alc
stA;,b u1ob TIE ecu apd uf appropriated pt. OF the
ocss0 except npop tce cei,sefent c'aro
The President of the United States in his
annual message b Congress in December, 1871,
denounced this pretensioo to detaln ind examine
American vessels interpolation into the ~ ri
time code of the world to which the United States
would no, submit. The years which have passed
since this authoritative declaration. marked a. they
have zen by repeated circumstances again t these
aggressobs while they have added nothing To the
strength III the claim, have served but to confirm the
government in their determination to oppose it, No
change of name change the illegal chars, ter OF
he VII ih ia lv
saut upon the ndepend nee of nations Mr.. Webster
III a despatch IN which he investigated this subject
correctly observed that wnit :, Great Britain and
the United States il known as the right of search is
called by continental ursts the right Of visit, aud
then added-"Thefe j. ne such distinction the
British government maintains between visit and
arch" And he further remarked, THAT the vista
| ton OF vessel, tO answer any valuable purpose
must often and necessarily lead, not merely ~ the
SIGHT OF papers, perhaps carried with a view tn de
ceIye and produced on demand, but To search for
! other papers, and an inspection Of the log book
th' vii the previous course and events Of the voy
age TO an examination into the language and gene
rsl apr earance OF TIE crew into the cargo aboard
ard Tie internal ftment aud equipment of the YES
| sell There matters 10 is obvi0us," he continues
| "can only lie asccrtained by rigoro Is search"
! And the reasons originally urged by the British
government for the assertion and prosecution of this
profession furnish BY their very nature 4 powerful
argument against IT, validity.
IL was contended in its support, that without its
exercise the stipuliton- "f certain antsIve trade
treaties Ito which the United States were not
ty) could not he enforced and that The present
fappy concurrence of the States of Chri-'eudln IN
tins great object (the suppression of the tride)
not mer, ~ stites but renders Indispensable, the
night now claimed and exercised by The British 20
/ veILUent. And II was al+o commended that without
II even the laws az England might he SET at de
fance 10y her own subjects And these cpnsidera-
III formally presented TO this government by
The British government ia Justification Of this At
t,mpt to change the maritime law of the world. Bi,
tley are ected ty the United States, VIII, claim
luv'labilliy Tor their vessels, and bold on - that
great code whore nt'gr,ty IL il the interest OF the
strong ~ wei as the weak ia MAINTAIN AID defend;
aid they deny the right of any Power or # any
parta combination of Powers, t. interpolate int,
II any new principle, however convenient this
may re found. Aud hey derive neith'r confidence
nor consolation frt the assurance given o. their
Minister IN LONDON. ny an eminent British statesman
AT the head of Ne Foreign Office that their ye-ssls
lot euttt,d their vessels 'nor h. il n Ameri
can that ~ ch vessels ever virted.' The imm1
rity 81 thee merchant vessels depends uppu the
rights 81 u UNITED Siat.s Of the ndep 'ndcnt
Powers Of ,he world. aud not upon the pucpo.es or
tie not Vi the foreign officer by whom IL i vio
lated merchant vessel upon the high seas IL pro-
tecied ~ her national character. He who forcinly
enter her. does 50 upon his own responsibility Un-
dcubt'cy II vessel assume a national character to
which j. not entitled and il selling under false
colors he cannot be protected by thi, assumption
o. a nationality 10 which she has no claim. "A the
IDENTITY u person must he determined by the officer
learrg Iiotes- for biz arrest aud determined At
The r' ~ such officer, must the national identity
~ o ycs e lie determined Il like hazird t. him
who. doliing the fag she displays, searches her To
ascertain her trne character.
III ere no doubt nav BE c-cum stances which
would So far 10 modify the complaints a nation
would 1--we right to make tor such a violation ct
its so1.Io'gn'y II the boarding Uf 'er had jist
CrOUl H. for suspicion and reported himself With
propri,iy IN tie performance oi his tiSk doing M
uuty aud peaccably retiring when satisfied Of his
error. ne nation would make such act the subject
Of serious declaration IL J. one thing % do q deed
avow,dy Illegal md excuse II 10y the attending cir
instances, ard 1t Is another aud qatc a different
thing 10 claim tight Of action, aud the
right also NJ determining when aud how, and u
ehnt extent II shal be exercised. And this IL NJ
barren distinction far a. the interest Ut this
try l. involved. but IL ia closely connected with
object dear 20 The American peope-the freedom of
tlcr ciizens upon the great highway OF the world
The British government assume that an armed
cruiser at tier country, possessing right under the
law OF nations iu enter merchant vessel OF another
Power for specified purpose. has the right al-o,
such entry having ben Elected. 10 convert Il TO
another and very different purpose Ia the enforce
ncnt at the claims Of Great Britain. without any
avuwcd Limitation Of the extent to whi h this dan.
gcruus power may ne or ired.
Tie consequence 81 such an authority, II once
estah-h' q, are to obnoxious % need examination,
and soid 10 t"o dangerous In their prictic II opera
ton not 10 unite the other commercial Posers Of
tie world in ifm determination to resist " should
this CLAIM IT visitation become part of the law Of
nations Il would enable boarding officer in all
times hereafter. during both peace aud war a. the
claim las done before IN time ~ rar. forcihy tn
tate a.. citizens of another Power FROM iis
s- for the purpose Of serving IN the British navy.
But tie principle ut this inquisitior and conver.
sion j. capable vt indefinite extension, and in the
progr 80 Of events may be used to subject the ear
70 vel a. tho crew a. the cliins AID regulations
OF foreign Power. thus destroying, ia effect. the
free Intercourse OF the world.
Your lurdship has CON INDICATED list Of vessels
said to have been American, and to have been Gu
gagged IN the slave trade Th. list haze m means
Of verifying. but the statement. even " accurate.
would serve but to show that te laws Ut the UnItcd
States too often ovaded violated with impuni-
~ % are the law of every other country.
There J. one obvious remark, however applicable
e. this hran N NJ the irvr~tigntipn which cannot
hase cscal cd your observation. The pr,sc ,iion Of
the slave trade j. now stimulated by extraordinary
profits. ana additional capital aud enterprise are
boih embarked in it, pursuit.
No doubt many vessels constructed in the Unite1
States have been purchased by FOR igners and en-