The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-29


simply on bis individual Iecognizance. Mr..
Oakley Hall consented to this arrangement, and
on Mr.. Dwight entering into bis own recogni-
vance in five thousand dollars, he was at once
discharged This LIS probably the last of the
CAGE.
me QUESTION OF tho Right OF search-Ens-
land Does Nos Give II UP.
The Washington organs and Washington
letter writer's are insisting that the whole ques-
ton of the right of search, which was lately so
odiously exercised by England, has been en-
tirely given up, and the old and 80 long sus-
tained British position has been abandoned in
Q despatch from Lord Aalmesbury to Lord
Napier, which has been communicated to our
government
We have for good reasons heretofore stated
our doubts that this result has been achieved,
and the only reply that has been given to them
Is, q few confident assurances that have leaked
out from the State Department and the init
mates of the British legation. But notwith-
standing the positive character of these
statements, we still entertain grave doubts that
the true question at issue has been definitely
settled. We do not suppose that an honorable
disclaimer of the course of the commanders of
the British gunboats in the West Indies has not
been made by the British Minister of Foreign
Affairs that the obnoxious orders, in their in
stance at least, have been countermanded; and
that the most polite assurances have
been given of the disposition of the
British government to admit all the
claims of our citizens for reparation
of the recent outrages into the devious passages
of the circumlocution Office. Lord Mslmesbury
may even have informed Lord Napier that in
his private opinion England has no right to
claim the power of visit and search at sea in
time of peace, and directed him to communicate
this fact to our government
But all this does not settle the great question
of international law-the right of search. Eng
lish Minister after English Minister has made
apologies to our government for the exercise of
this power over our vessels at sea, until there
are bushels Of them on the files of the State
Department; every one of them acknowledges
that England does this at her own peril that
she is liable for damages if she does wrong; and
half dozen British officers have been broken
for doing this wrong. Even Lord StOwell,
Chief Justice of Great Britain, gave his opinion
against England on this subject many years
ago. Yet has England continued to exercise
the right of search, and has laboriously endea-
vored to graft upon the law of nations par
tial admission of this right When she found
that the United States refused to admit it,
abe made strenuous exertions to prove that
there was difference between visit and search,
and seemed TO claim only the former. Not
withstanding all this, in the last exhibition Of
her determination to exercise the right, her
officers have proceeded to the minutest exami-
nations of cargo, contents of casks, their num-
Der, !So.-tbns searching, In tho fall ooneo of the
term.
In addition to all these facts, in the present
instance we have the conversation and state
ments in Parliament of the Earl of Clarendon,
Lord Malmesbury and Earl Hardwicke. All of
these gentlemen insist upon 1t that the Ameri-
can flag covers the slave trade and many other
illegal acts; that it is necessary to obtain from
the United States some stronger convention than
that Of 1912 regarding the African slave trade;
and none Of them give up the right hitherto
claimed by England, for her officers to search
every vessel they may meet at sea until they
are satisfied that she carries the American flag
in what they may consider to be an honest bust
ness. The unsatisfactory nature Of these deca-
rations in Parliament, and their great similarity
to others made previously on the same subject
are, in our opinion, sufficient grounds for doubt
ing that the great question is settled To these
we will add what we have before stated-our
doubt that despatch from the Bi itish Minister
of Foreign Affairs 10 the British Minister at
Washington is sufficient to bind the English
government, for all time to come, to change its
private instructions to its cruisers, and respect
what we have always claimed and they have
always denied to be the law of nations.
To all this we may add still graver reason
TO doubt the final settlement Of this question
We have private letters from high source In
London, which state that the action Of Lord
Malmesbury is not there looked upon in that
light. His assurances to the American govern
ment, through Lord Napier, are stated to be
merely glittering generalities, which cannot
bind his government, and that the whole thing Is
an artifce TO get over the present trouble with.
out q direct committal for the future. The
despatch may be seemingly clearly worded, and
yet intended to deceive from its possibility of
bearing two interpretations. IL General Cas-
has been deceived in this question we shall
assuredly have 1t opened again by future Bril-
tish searches; and then its settlement will be
ten times more difficult and irritating than
ever. The only way to satisfy the public mind
on this point is to publish Lord Malmesbury's
letter. Both Gen. Cass and Lord Napier owe
this to the British government IL il IL 10 earnest
and to themselves IL II Is snare.
KANSAS AFFAIRS Try FREE STATE BORDER