New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-12-21
Is THE CLAIM TO RIGHT OF SEARCH
ABANDONED

After the indignation in this country caused by the
outrages upon American vessels by British cruisers
| in the Gulf had in great measure subsidized, and the
matter was considered settled great many journals
on this side of the water and several public men, pre-
tended to see in the profuse apologies and expressed
regrets of the British Government final and definite
abandonment of the claim to right of visitation and
search. Mr.. Buchanan himself seems to have fallen
into this strange deuson, deiusion entirely unwar
ranted by any action of the English Government. In
| his last message to Congress he says
demonstrates were addressed to the British Gov.
eminent against these violations of our rights of SOW
erelgnty and naval force was at the same time or.
dered to the Cuban waters with directions "tO protect
all vessels of the United States on the high seas from
search or detention by the vesseofwar Of any other
nation" These measures received the unqualified
and even enthusiastic appreciation of the American
people. Most fortunatelv however no collision took
place, and the British Government promptly avoWed
us recognition OF the principles of international law
upon TINS subject, as laid down by the Government of
me United States, in the note of the Secretary OF
StaCe 10 the British Minister at Washington, OF April
~, 1898, which secure the vessels of the United
states upon the high seas from visitation or search in
Glme OF peace under any circumstances whatever.
Ihe claim has been abandoned in manner rejecting
honOF on the British Government and evincing Just
regard for the law of nations and cannot fail to
strengthen the amicable relations between the two
countries.
To abandon the claim to a right of that nature it
not sufficient merely to express regrets for having
exercised it and protest that it shall not be done
again. The personnel and politics of English admin
istration change almost as often as our own and
new Cabinet is not responsible for nor bound by the
opinions of the old one in matters of foreign policy
nor by its action except to observe formal treaty
stipulatons This being the case, it is not easy to
perceive how any expressions of regret or protesa-
tons Of future good conduct from Minister for
Cabinet afford reliable guaranty that our vessels viii
not time and again be stopped and oyerhauIed upon
the great ocean highway of the world Since Eng
land has claimed and exercised the right, she will
always have as many public men in favor of continu
ing it as against that policy until the question is put
at rest beyond all possibility of resurrection and that
can be accomplished onlyby formal treaty stipulation
or an act Of Parliament surrendering the claim for
ever. Mr.. Buchanan says "the claim has been aban.
doned, in manner rejecting honor on the British
Government but he does not tell us how it has been
abandoned, nor what assurance we have that it will
not be renewed upon every suitable OCCASION if not
during the present English administration, during
those which may follow it, Indeed the recent occur
renee at San juan if it has been correctly stated
proves clearly that if we would be secure against the
exercise of this claim to visit and search our vessels
we must require its remuneration in the most positive
and binding form.
Shortly after the negotiations between Mr.. Cass
and Earl Malmesbury were concluded, and Lords
Lyndhurst and Aberdeen had declared in Parliament
that the right Of visitation and search could not be
abandoned for the reason that no such right ever e
listed, the London Times in bitter article upon the
subject said that in suspicious cases cruisers might
al their o,cn risk stop vessel bearing the American
flag, in order to be satisfied of her nationality. in
other words, the whole matter should be left to the
discretion of the officers in command of British cruis
ers. # they chose to imagine vessel suspicious
they can bring her to with the stars and stripes y
ing, at their own risk" At what risk? The risk
of catching Tartar in the vessel they thus insutand
bully, OF the risk of being punished by some Ameri.
can cruiser in the neghborhood at the time? We see
no other risk they would incur in exercising per-
mission of such latitude, ard we ought to know by
this time that British naval officers are not remark
ably backward in mourning either risk or responsible
ity We await with some curiosity and interest the
action of the Administration and Congress upon this
latest exhibition Of British nsoence and arrogance in
the waters of San Juan harbor, and, in the mean
time, until that affair is adjusted according to Ameri
can ideas is not too much to ask that they who still
believe Britain has abandoned the claim to right of
visitation and search, remain silent.