The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-06-10


shores, is sufficient TO arouse the just indig-
nation of the country, and calls, in the opin-
ion OF the committee, for the most prompt
and efficient measures, u arres, ut once, and
to end finally and forever, the commission Of
like indgnities to our flag.
The documents accompanying the mes
sage disclose the fact that these acts OF Wis.
itatiOn and examination Of American yes
sells, were sought to be justified under the
plea of necessity for the suppression of the
slave trade supposed to be or actually car
ried on, between Africa and the Island Of
Cuba.
The committee will not 20 into any in
quiry in reference to such alleged necessity.
II is sufficient for them to know that the
assent Of the United States, although often
invoked, has never been yielded to any such
system Of police on the seas They rest on
the position, not to be controverted, that by
no principle of International law, can ves.
sci under the flag OF its country, be visited
or detained on the high seas in time of peace,
by any foreign power under any prctext, or
for any purpose whatever without the con
sent of those over whom the flag waves.
Without going at large into the question
heretofore involved as to the rights Of indie
pendent nations on that common highway
Of the world--the open sea-the committee
deem this, nevertheless, a fit occasion to de-
clare the principles always maintained by
the United States as regulating the use of
the open or high seas in time Of peace, and
from which are derived rights to the people
of the United States admitting no restraint
or qualification, and to be maintained at
whatever cost
There is no right Of visitation, far less of
search, to be exercised IN time Of peace by
any nation on the ships or vessels of other
nations, nor can there be 20 long as the laws
OF the civilized world touching the freedom
Of the sea are respected by civilized men.
Such claim, therefore, having no foundation
in law, or in the comfy Of nations can new.
er he tolerated by an independent power
but in dcrogation of her sovereignty. Nei-
ther is there any distinction TO be drawn in
the claim Of right between visitation at sea
by the armed vessels OF foreign power
when unattended by examination and search,
and such visitation when 80 attended.
The offence and violation of public law
consists in the uisitdiion. without regard TO
its purpose, when claimed as right, against
the will Of the party subjected to it. Were
it otherwise, there would follow, Of course,
the corrclative right TO arrest and detain
the vessel until the visitation is effected.
The committee find these principles ad
mtted and enforced by the opinions and the
decisions Of the most eminent judicial au.
thorties, both in thiscountry and in Great
Britain.
The case OF the Manana Flora, in the
Supreme Court Of the United States, re-
ported in ii Wheaton, page |. And in
England, the case OF lie Louis" decided
by Lord Stowell, in 1877, and reported in
Dodson's Admiralty Reports, vol. 2, page
2l0.l
They are founded in two simple elemental
principles Of public law Fust, in the equal
ity Of all independent States and secm.d,
the common use Of all recognized States Of
the open Sea as a hghwry in time Of peace.
Such are the rights and impunties Of our
citizens navigating the ocean, which have
been fagrantly violated and outraged by
armed vessels Of foreign power in time
Of profound peace, aud in soine instance al
most within sight Of our own shores
Indignant "a the American people are,
and ought 10 be-, at the character and per-
sistent repetition of such aggressions, yc.
their occurrence and gravity will opportune.
ly supply the occasion, and TO end, now and
forever. all future question az TO the right Of
rf tatt tf.u af lot fba t'p,tat
and the Offending power. And the com
m,tee refrain only from recommending at
once such additional legislation o. would be
most efcctual 10 ptO:ec, the commerce Of
the country from aggression Of the charac
ter thus brought to lhe notice Of the senate,
from the fact tha, tie President las shown
BY the letter Of the secretary Of the Navy
accompanying the message has already Or
dered all the disposable naval force a the
country into the infested quarter, with or.
ders 10 protect all vessels Of the United
STATES on the high sfas from search or de-
tention by the vessels of war o. any other
nation 1hese are preveHtive mear1rcs
only, and temporary in their character, but,
in the judgn'en, Of the committee 90 20 The
fullest extent Of the power OF the Executive
IN the absence Of legislative proyision II
ia believed, however, they will srrez, for the
present. further like ofencas in the quarter
whence tisy have prccestI,d.
II appear furtbsr from thee docunsn,s
iha, the altered state Of tie relation h.,
TWEEN the United States and Great Britain.
which must ari-s from this aggressive ron.
pact Of her armed vessels. has tspn slready
bronght TO tn nO,ioe of that power. by
communicative from tke Secretary Of Stat
addressed both To The British Minister here
and To tbe Minis;sr 0, the Cnitsi Stats a,
Loa5oo.
II oanno, ~ known cntl th. resnlt of
th7s communication !. I.sd before Cooyre.-
how far the scs in question ~ill b. avo~ed
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