The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-10
THE RIGHT OF SEARCH QUESTION,
Another Important Debate In thu Brttssm
Parliament.

Pasliamsnt.
ro.a 10 ak the question nc %nh no I'D gwen no.
tive Your ordsbps have probably read The speecn nadd
BY Mf Ds as short time since at moess Of his fellow
sui cee crate the anniversary Of American IEde-
Upon that occasion the honoYa gems
stated that The question OF The right OF visiting
selled New tots is question Of 90 mech Impos sAooe
lao o. such deep inherent that IL material, think hat
We ,bould rec.ive distinct and precise account o. ;ne
rns o. ns settlement p on bat account ina. have
Plv'p noce Of tbs question mean 70 propose 70 my no6o
'rend The Secretary for Foreign Affairs, asking him "a
give nor stsn upon the subject TO
srs 4 veTa persons in high political position appear
III nix hat his proceeding 10 not justified, and tha IN
point TACT We have surrendered most valuable and
important right The answer make 10 this assertion 10,
thai Ne have no riah a. afor, In pon. *
fast no sue right that commended for has ever exs
ion Of Seh, and N Ding ; S' as"s t s 1 70
haU ACID jutly, prudsnay and ,o.sety thesr)
rsIosps i msy DC aiosea 10 maze some ooser-
some OF The most eminent authorities The subject.
would not have troubled your lordshps 9: any length
upon the matter, were It not that think Ia OF great ca-
that this question should DO distinctly and naaiy
understood and set ed The hrst proportion stAaad v
tbs that by no construction of international has
IRIS right BEEN asserted And In the nexi place,
ibsFe no decision OF court Of justice hsvisg
ZION to decoe such quesoIs in which this right nAs ever
ioriny myself by authorities feel than, cannot
Ieer better authority, a. an EDgsh authority than
sbN OF lOrd Sto~eU. Lard SowelIs words these
al can find no hory that gives rsb. 70 interrupt
ton OF the CATION Of the states on high
sst sncep. !n:t sAcn sns rsns Of w gives 70 osh
America authority upon International law ssys:-" s
Dprstble to show siDae passage any Constitutional
writer pubic law, or IN court o. which
thai law ID administered shch will ju,tgy the exercise
OF such right upon tho high seas independently Of .
SPECIAL contract 81 that Your lordshios vii percsva
both this soe OF the water ana ia America he
highest authorities on the subject have prooolaced
sssinst any .uch supposed right For Dyssh
may have been able TO discover spy % aSi-
pie Of Las or OF reason upon which such rgni c1at
rest Lord Stowel ssain ssys;-" No one cal Use
49, ..IA.
cepH bellgereut power. No such right h1 ever been
claimed II be exercised without the Suppression,
interruption end the endarge Of the relations WITH
right were IN exist 81 all must DO universal aud extend
equally 10 all countries. were 70 proceed 10 consider
this qdes, further, would be necessary fog me 70
stats tie gigantic nischies which such claim ii likely
produce" Another high authority, Judge Story In toe
well case OF the and Flora ssed
the tnme opuiop almost in the same terms vii refer
only to the principle whish the qaest i,self
rests hat the rule In respect 70 the hgu sea- add n
ation the high seas All nations equal sha
hisb Whether they be the moet powerful or tna
weakest their vessels the high seas are psced
merchant .hp upon the high ssssY Why, il Is pvt
Of the dominion OF the country 10 which Il Deiongs-
What tight hiss nation then to interfere with Anctner
when their rights on the high seas are cosqua2 Wnas
right has ore nation TO interrupt or TO interfere sb he
Navigation Of other raliopf Why, the principle ~
clear and distinct that Will not Aait o. the smallest
doubt Lord stowe in another place. rays, 10 respect
~ navis attn the high tees Gan pAtoDs beng aaI,
All have an equal right the uninterrupted o.
ocean for their navigation. 10 PLACES where legal
authority eAsts where the subjects of all Sates meet
The ioo'pg of entire equality and ndepeno enoe. no
STATE any OF It's subjects have right 10
~ any authority the subscts Of another"
having s'si@d this principle the next question which
afnts hip How thofe difficulties to be me, whcn
sMe cut suos prsctted on The hign seas9 II may %
said iba the flag America may be assumed oy s1oSner
Power 20 the bue,t Of purposes Bthow that
snec. the Iigh,y How the conduct OF u thru 70
effect right existing tho part OF the Cntsd 5ssst
Ry cur bedy wh Spain zoe hare no doubt, TIC r.gh .
,isn snd search Spanish vessels nth the visw % no
! -
between Spain and sect the rights OF Aneris W1y,
Common reason Ia deciliye on the sabjsct Well out
what osber ,sssY cay that the IN
quite Gear and an foce OF our cruisers see vessei
with the American n'g, ana has reason 70 b,iieve IL u
assumed, he must e,arne and Inquire into The
sell lie II he sscersns, 10 the oes. OF nls sdg
ment that the v1sge, has right 70 usa the
nsg be may Certainly vist s1d examine ner gJsrs; AID
II md hin suspicnLs cou,e, nc " deal Tho
sei a ma0usT lsiasd nv the psrtoultr relaJn erst-
ing hetSeen EossId upd that c'onJ {, ehsn ne vessel
belorgs. AasT.ce IN such clse, wodid have rgnt 20
interfere rbe uat'er would simply Dc one between
III gh crulscr and the particular vessel sez'd But,
thu other bard u snJuld turn OFT Ihts tue vessel
al American ore, that WA perfectly jIstiaed In
niHg the Tag suspected, our sua;op u ths, thu 80
should in apologize for tie that CON ooit-
tad, make the ample rpuati1n for The hilary
We bad Committed. (isar, hear GsuerAi Cas-, fae MAS
ter for Foreign Ansrs in America, illustrated the css,,
very clearly thus BE said, "If agstrse give ~sr
rant 10 fcer TO grcs. particular psss9D. ne do
DO. know tho person bimse, ne makes 0q,5y mt, tno
aiter before re ventures 10 execute tho warrant,
ans II the resul, OF his Inquiry ssHess hip
tba, he 10 rgbt, he will execute tue wsrraot. n
ne be eoftsH IN his pfoi mst.n, then ma psoSeed-
Ing IeIfecuy liar. But tthold tar, Out tbs. he
sWken, aud tha, he has arrested the wrong person,
then he Gusi give ample conpensaaon Tor he mary 10
lad zone the psfson arrested" II seams tina.
this Is rorfc'ly analogous Bat . dis;nc ioa
tempted TO BE- Drawn, without any au hori,y xrsiever,
b,ts cen a viz Ai,on aud sesrch In my NINA vi.itA-
ucn and words thu, Always 20 Isss'nes
M'ertatioua Law re meaning d hJIh soros think,
iuy Expressed 10 tie siench aDsrsgs, dr'is Dc vis
How does The vial alone give the nsres,ny iaf,sna
ucn2 Tho moment you AK u examine tho papers u "
safch-,he men en; YOU ask i-g'e qnesion ga
ss,th tesar hear - ,ha ne wal: V a ga'uoaai ytss
rsbt con- pretended IN the words droi, Dc r.sl> Now
how can such Il VIII. be Justified Inc CAN o. sosl
T,tt 90 wis.,. vtIyel snh u. tho o. - Master
Ia dstnC,ls against The prrcp'e have a-siiy s& Cd.
Cont srts a'O yesuss hare b. Eng-
atd and s1veM ErIcpsu stss cl1leiIiss III, r1h. q
visitation IqdsT such clDtfiH anl teties Tie rish Of
waiting ADD feTcblog The ycslos o. those far1saar
counues Is an International rsn:-a nse, soandci ou
TIE treaty OF Vienna ro C4sterta lied % French
eoverpG mt 10 esisbsh maiu> rgnt Of vsaBb ssa-ch
The answer, however, sven ras We cannot corse1t"
aid that we Gao sever conseu, er ne p1sa
ubje-ss except BY the authority the
nave no e,.sSIissed TIE principles for which h,ys soa
tended. Whatever arrangements No have made win toe
American government thssubject, have
exis,ed. II would be, no doubt, very material vere
possble 10 adopt soue pisn ~ which mu.usi rader-
Goth count es could be maintained Il appears t1ers 3
soma oorr,sponderce gong on upon he SUBJECT mo
qeestion, however, fcult one and only hope hat
we tolnB on my t,~1 t~NWevsc ~
suits repeat, however, wnss have Already sail, snss
link hor kajesv's government have acte1 r.ssy,
uruderLy ard jGsUy In the hey have pursued.
oscar, tssr) IL would be mos impruiept N prosecute
ca N ~0ioh you cannot enforce oopsisteuty win law,
or 70 attp o. tic enforcement o. assumed right which
Uiebt lead 10 resistance and Afterwards (esr,
tear) ssy that DO iofctoD can be vorte 70 q
Than iiat is founded upon injustice. Before sit
90 myself caief UPON 10 do 1st - 70 tie bssor
o. he gsnte an made the statement 10 sncn bavo
rei,ffSd (ntsr, heSry rsh 70 read The concluo Dg
gorcs Of tBtt hororsbe gentemsn's speech. becsuse
trsy arc In perfsst accordance vish that hsa
character be has dsays maintained both IN
Amsrca snd In he country 70 shon be n sent
~ m, $40 sbtsaye Of he Untd S.A,es. Tnc
bonor sbje ssu,ISntn 6Noluiei The spesch 70 vteh
have reierTec thus e." Woie am aoiS 70 sanoonoe
ths rrapfy 20 c think tbe Information 80 rnld DC
!, rryrs med also b. The OF the efniosc 60.
!, A l mIty VIII been source Of trouble 10 both
coursre for gary tall century The settle meat OF
hat qass ton Ia, zen brought about by degree Of
hcnusele csDtor a,a ses.ns on me par, Of the