Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1858-06-09
The Right OF Search

DStOW, u vi ptculhI
est at the present time, asynopsis Of let
ter written by Daniel Webster in ls43 10
Edward Everett, then American Minister TO
Englan and which refers fully to the ques
ton OF right OF search, and right Of visit,
now 80 much agitated. 1t viii be seen that
Mr.. Webster u axes no distinction whatever
between the two, but lays down the broad
american principles .oi their denial
fally and freely. The arguments Of
MIR Webster are as forcible 10 day a they
were fifteen years since, and these will lie
enforced by the hearts and hands Of the
whole American people. Appended ia the
letter
DEPARTMENT OF STAB,
WASHINGTON. March %, lass
An eminent member Of the House OF Com
mons thus states the British claim, and his
statement is acquiesced in and adopted by
the first Ministry Of the Crown
"The claim of this country 10 for the right
of our cruisers to ASCERTAIN whether mer'
chant vessel is justly entitled to the Protec-
ton Of the flag which she may happen to
have hoisted, such vessel being in circum-
stances which rendered her liable TO the
suspicion, first, that she was entitled 10 the
protection of the flag; and secondly, if not
entitled to it, she was, either under the
laws Of nations or the provisions of treaties,
subject to the supervision and control Of oui
crulsers.
AZ We understand the general AMI settled
rules Of public law in respect TO shirs OF
war sailing under TIE authority OF their
Government, "tO arrest pirates and other
public offenders their is no reason why they
may not approach any vessel deserted at sea
frthe purpose Of ascertaining heir real'c or.
acters Such right vi approach seet.s i'll
lispensable for the fair and discreet exer-
else OF their authority; and the use Of it
cannot lie Justly deemed Indicative OF any
design to insult OF injure those they APP
proaci, or TO impede them IN their lawful
commerce On the other hand, it Is as clear
that no ship is, itnder such circumstances,
Jouud to lie BY, or nat tie approach Of a'sy
o,her slip She is at full liberty to pursue
her voyage in her own way, and to use all
necessary precautions to avoid any suspect
ed sinister enterprise or hostile attack. Her
right 10 the free use Of the ocean is as per-
feet az any other ship. An entire equality
is presumed to exist. She may use any
precautions directed by the prudence of her
officers, either as to delay, or the progress
Or course Of her voyage.
1t appears to the government of the Unit-
ed States that the view of this whole sub
iect which is the most natural taken, is also
the most legal and most in analogy with
other cases. British cruisers have right
to detain British merchantmen for certain
purposes and they have right acquired
by treaty. to detain merchant vessels o. sew.
IL. fN-t has
But they have no right at all to detain III
American merchant vessel. This Lord Alb
erdeen admits in the fullest manner ANY
detention of any American vessel, by u
British cruiser, is, therefore, Il wrong
trespass although it may be done under
the belief that she was q British vessel, or
that She belonged to a nation which had COZ
ceied the right of such detention to the
British cruisers, and the trespass, therefore
an Involuntary treapass.
The government OF the United States has
frequently made known..its opinions, which
it now repeats that the practice of detain-
ing American vessels, though subject to ust
compensation. ii such detention afterward
turn out to have been without good cause
however guarded by instructions, or how
ever cautiouslv exercised, necessarily leads
to serious in sonv onlenc anu injury. These
detentions too, frequently irritate ind.vld
uals, cause warm blood, and produce moth
ing but i'll effects on the amcauie relations
existing between the countries. We wish
therefore to put an end to them, and to
avoid all occa sion for their recurrence.
The government Of the United States
while it has not conceded mutual right o.
visit or search, as HAS been done by the par
ties to the quntuple treaty OF December
l74l, docs not aamit Wat, by tar and prae-
tee of nations, there IS any such as a rtgh
Of utsit, distinguished By ooeH known rmtc'
and dchnitions from the right of search. II
does not admit that visit Of American mer
chant esses by British cruiser may suppos.
| such vessels to be British Brazilian or Portu
guese.
AT the same time, the government OF the
United States fully admits that its flag car
give no immunity to pirates, nor to any
| other than regularly documented Amer
lean vessels. 1t was upon this view of thu
whole case, and with firm conviction o
the truth OF these sentiments, that it cheer
fully assumed the duties contained 10 thu
treaty of Washington: in the hope thai
| thereby causes Of difficulty and of differ
ence might be altogether removed and thai
tie two powers might be enabled to &C
concurrently, cordially, and effectually fol
the suppression of il traffic which both re-
| ssaried as reproach upon the civilization
Of the aye, and at war with every princi
pie of b amanity and every Christian senti-
mcnt DAN'L WEBSTER.