The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1858-06-16
From the New York Times.

American Mlnlster IN England, on the right
Of search and the right OF visit, will be read
with great interest. Ii gives, clearly and
completely, the American principle on these
points principle to which we have always
adhered, aud which We have now an oppor-
tanity OF establishing once aud for ever. MIR.
Webster, it will be seen, makes no distinc-
ton whatever between the right Of visit and
the right Of search. He regards one an as
SUMPTION Of sovereignty just as much as the
other, and TO neither would the United States
then, nor will it now, submit. This is not
a subject upon which any new points can be
raised, and the arguments of Mr.. Webster
are as forcible and as applicable to-day as
they were in 1915. The following Is the let
ter:
Department of State, !
Washington. March .s 1871
*sss proceed to draw your attention
to the thing Itself, and to consider what these
acts are winch the British Government in
slsts It's cruisers have the right to perform,
and TO what consequences they naturally and
necessarily tend. An eminent member OF
the House Of Commons thus states the Brit
ish claim. and has statement Is acquiesced
IN and adopted by the first Ministry OF the
/ Crown:
. rhe claim of this country is for the
4 right OF our cruisers to ascertain whether a
merchant vessel is justly entitled to the pro-
lection Of the ilag which she may happen to
| have hoIsted, such vessels being in circum-
stances which rendered her liable to the sus-
piclon, first that she was not entitled to the
protection Of the flag and, secondly. i not
entitled to il, she was, either under the law
Of nations or the provisions OF treaties, sub
ject to the supervision and control OF our
i cruisers
Now the question is, By ,ciai means is
| this entertainment to be effected?
| As we understand the general and settled
rules Of pIol!c law in respectto ships-ot-war
sailing under the authority of their Govern
ment, 4" to arrest pirates and other public Of
lenders" there is no reason why they may
not approach any vessels deserted at sea for
the purpose Of ascertaIning their real charac-
tiers. such right Of approach seems indis-
pensable for the fair and discreet exercise OF
their authority; and the use Of it cannot be
justly deemed Indicative of any design to in
suit or injure those they approach, or to i'm
pede them in their lawful commerce. On the
other hand. il is as clear that no snip IS, I'M
der such circumstances, bound 10 lie by, or
,caR NE approach Of another ship. She is at
/ fall liberty to pursue her voyage in her own
wav, and to use all necessary precautions to
avoid any suspected sinister enterprise or
hostile attack. Her right to the free use Of
the ocean IS as perfect as that OF any other
ship. An entire equality is presumed to ex-
Isl. She has right 10 consult her own safe
ity, but at the same time she must take care
not To violate the rights OF others. She may
use ans precautions dictated by the prudence
or fears Of her officers, either as TO delay, or
tie progress or course Of her voyage; but she
Is MT at l.1erty to iniiict injuries upon other
innocent parties slmply because Of conjectural
dangers.
| Bat # the vessel thus approached attempts
to AVOID the vessel approaching, or does not
comply with her commanders orders TO send
HIN her papers for his inspection, nor CON
sent TO b. VISITED Or detained, what is nsxt
i 10 be done Is force to be lawfully repelled :
These questions lead at once 20 the elemen-
tai prnciple-the essence Of the British
claim. Suppose the merchant vessel to be 10
truth an American vessel engaged in lawful
commerce, and that she does nor choose TO be
detained. suppose she rssists The rish Wihai
/ is HE consequence? In all cases in which the
belligerent right Of visit exists, resistance 10
the exercise OF that right is regarded as just
cause Of condemnation, both OF vessel aud
cargo. Is tina; penalty, or what other penal
", 10 be incurred by resistance 10 visit IN
time Of peace d. suppose that force be met
fby force, g4n returned for run, and the com
mInier of the eraser, OF some 0t his seamen,
De killed; what description Of offence will
haze been committed; Ii would be said, 10
behalf Of the comm ,nier Of the cruiser, that
be m:slOuk the vessel for vessel OF England,
Brazil, DC Portugal; but does this mistake VI
n!s take awlv from the American vessel the
right VI sef-deience: The writer's Of auiho-
rity declare il TO be principle Of natural
law. that the privilege Of self.defence exists
against an ASA liant who mistakes the object
Of his attack for another whom he mad the
right To assal.
Lord Aberdeen cannot fail TO sec, there
fore, what ser.ols consequences might ensue
II il we're TO be admitted that this claim 10
uish in time Of peace. however limited or de-
lined. sIolii be permitted 10 erisf as a sidci
m1 Ter Of rigH for II il exists a. right, IL
mast be followed BY corresponding duties and
obligations, and the failure TO fulfil those du-
ties would naturally draw penal conse.
lagenees after il. till ere long il would become
an truth. Little less, or little other than III,
beiLgerem right u search
lty,s;t or visitation be not accompanied By
search Il will BE- In most cases merely idle.
sight % papers may be demanded. and the
papers mIy BE- produced. But il is known
that slaye.traders carry false papers. and dit.
ter-nt sets Of papers. search for otheI
plper., then, must be made where suspicion
iast.fes il, Or else the whole proceeding,
would be n1satory. 10 suspicious cases, th'
language anil general appearance of the crew
are amung the means Of ascertaining the ma
tional character Of the vessel. The cargo OF
, board. also. often indicates the country iron