Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1858-07-24
ThA Briti.h C)nc,,,ion

The debite in the House or Commons, on
the 18th ult,, on the subject Of the right of
search, hss reached us in full. II bears out
the interpretation given by the href abstracts
heretofore received, Of thu declarations Of the
British ministry. The righr of search and
the right of visit. are renounced. without qual.
lhcation, as not warranted in time Of peace by
International law. The American doctrine Of
the inviolability of the aag lawfully horne, is
perfectly recognized. M British cruisers has
the right TO stop an American vessel on the
high seas, for any purpose wh.iever-evcn to
ascertain her true nationality. II she BE- an
acknowledged SLAYER, the slave trlle being
made piracy BY the laws OF the United States
she will pass free and unquestioned. The
Brti'h disclaim any Jurisdiction for the pur-
pose of enforcing American laws on American
ships. This embraces all that the U. States
have ever conendrd for 1t establishes the
American doctrine as the acknowledged law
of the seas-and no nation will hereafter dis
pnte il, or depart from il
Some efforts are made TO dcroqate from the
fullness of this acknowledgements, b. gnotng
the use made in debate b. the British Under
Secretary Of State, Mr. Seymour Fitzgerald
of the doctrine enunciatrG by Gen. Ca.s on
the subject Of arrest ofvess-is suspected Of car.
rying false figs for the cover Of piraical
schemes. Mr.. Fitzgerald would not admit
that Crest Britain is, by reason Of this abtn-
donment of the right to search American yes
seIs, therefore to cease to employ her fleets in
putting down the slave trade. She would, on
the contrary, continue.to employ them, subject
to the responsibilities laid down IN the letter
of Cen Cass, which he quotes, as follows:
"Amershant vessel upon the high seas. is
projected by her national character. He who
forcibly enters her, does so upon his own res
pons blity. Undoubtedly. ifa vcsselsassunies
Il national charocter7to which she is not emit
tied, and is sailing under false colors, she can
moi be protected bythis sumptionsofana.t
to which .hs has no claim As.the
identity. Of person. be determined blythe
officer bearing process for,hls arrest, and de.
termined at the like hazard TO him whosdoubt-i
ing the flag she displays. searches 10 ASCERTAIN
her true character. There no doubt may b.
circnmsiances which would go far to modify
the complaints Of nation would have right;
TO make for such violation o. its sovereignty.
If the boarding officer had just grounds Tor sus-
picion, and deported himself with propriety in
the performance Of his task, doing no nj Try,
and peacefully retiring VII n satisfied Of his er.
ror, no nation would make such an act the sub
iect OF serious reclamation"
According to Mr.. Fitzgerald, the British
doctrine hereafter will be exactly this, and no
more. In other words. where there is good
ground for believing that the American flag
has been fraudulentlv run UP for hef rions
purpose, British cruiser may stop the vessel,
and will incur no liability 10 us, il his susp:
cions should prove to have been true, and the
vessel be piratcal. The flg will not protect
Brazilian, Spanish or Portuguese slsvers. If
his suspicious should urn out TO be unfounded,
the arrest will be violation of the sovereignl-
ty which the flag truly represents, but the de-
gree in which that violation requires to be rep
resented by the government, made the subject
of reclamation and alo,ed for, is matter OF
facts to be determined by the circumstances OF
each case, and the judgement upon them OF
the government whose flag has been violated.
The warning Of Gen. Cass TO the British is
this: catch your pirates where yon can, but 1t,
i, at your peril If in doing so you lay unjust
hands upon an American; and the British
Secretary replies, occepng the conditions
with all its responsibilities. II a case OF this
sort should ever occur it might be another
British outrage, but of different class from
those involved in the question of the right Of
search and TO be judged OF by the rule admit
ted by both parties, that the act is primo
facie wrong, of which the justification or extern
uaton is to be found in the disclosure. which
it finds. Under such mutual definitions, there
is little likelyhood that any cause cf serious
difference can arse in practice. Neither Gov
eminent AYERS or concedesa right-both recog-
nize that extraordinary circumstances may oc-
cur for taking Of extraordinary responsibilities
and the Government offended is the judge Of
the grounds FOR justification and the degree OF
offence.
During this debate, parallel Gaze is put by
Lord John Russell: that il pirate in the
Chinese seas, who after plundering an Ameri-
can vessel aud killing the crew. should in the
sight Of an American cruiser hoist the British
flag, wonld she be permitted TO gofree2 Sim
/ liar cases might weil happen IN be Ggii o.
Mexicc; ara i 9onld not serve an Anrriesn
lhsi the display " foreign GAG we're 9 b
= ysffsSi iinmeH;ig ses 4 Ell ae'ien