The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-08-26

be stated at all, and that it should be necessary
TO refer to snch old and established authorities
l. was, however, place. beyond further con.
tradicion, that as Mr.. Dallas had stated, the
right of search or of Visitor they are really
the same things no longer claimed, ard, so
far as Governments are concerned, there is no
longer any difference between England and the
United States. So much for the discovery, Just
made elsewhere, that the right was still insisted
on, and that we had fallen into ridiculous
blunder in supposing it at an end. The an
swer to Lord Lyndhursts question was what
might be expected. Lord Malmesbury had
only to say that the Law officers had given
opinions completely in accordance with those
quoted by Lord Eyndhurst, that the present
state Of the case sods an understanding that
each nation soas to confne its uisits to uessels
bearing its oscn flag, and the American Goo
ernment ,oas to take proper measures to uipdi-
cate its flag from fraudulent adoption by
strangers.
The question and the answer, with the ar.
nouncements made, the doctrines stated, and
the authorities quoted, sufficiently bore MS out
in our announcement, taken as it was from the
mouth of the American Minister. Some mys.
terry, however, there was, and some mystery
will always cling to statecraft in its simplest
operation. 1t was evident that something had
right had been given up since no right existed,
and though Lord Malmesbury denied that the
British Government had ever maintained that
which it now declared it could not maintain
Had the conversation stopped there, the public
would have been slightly mysti6ed, but would
probably have thought it best not to raise the
veil of official decency from the follies of the
past.
Lord Aberdeen, however, would not consent
to this. The mystery lay in the past, and it
was the past which he represented; so he rose
to vindicate his Government and all the Govern
ments for the last twenty years from the folly
OF claiming to visit and search vessels carrying
the American flag. Lord Aberdeen had him
self written many dispatches on the subject
many more, he hoped, than it would ever fall to
the lot of Lord Malmesbury to write-all to the
very purpose of the late announcement that the
right of visit and search had been given up.
In fact, Lord Aberdeen had given it ap many
years ago, and left nothing for anybody else to
give up. So the error of the announcement
now made was, that it supposed something to
be given up which had no existence, having
been given up long ago. But-and here is the
mysterious something which no doubt has now
been given up, and which has had a substan-
tial existence up to this very year-Lord Aber-
been had stood out for just 80 much question
ing and examining, equivalent to the actual
stoppage and molestation of suspected ship,
as would help US to discover whether the ship
was American or not. This, his Lordship main
tanned, we had right to do, and this he had
stood out for. This he was still prepared to de-.
mand and the demand, his Lordship urges, is
not at all incompatible with the total surrender
OF the right of visit and search.
1t Lord Aberdeen meant anything more than
matter of courtesy, anything more than such
question as the weakest ship ahoat might put
to the strongest, then we are persuaded his
LordShip aoGs mistaken in surprising that he
had settled this business long ago. What other
States demand, and what we have conceded,
recently as it appears to US, and as Lord Aber
est act of force exhibition of superior strength,
to the annoyance or interruption of foreign
ship on the open sea, is at our Oaon risk. We
must do it on the speculation that if we turn
out wrong in our suspicion, we must make
proper apologies and reparstion to the suspect
ed vessel. We have no right to fall back
upon. 1t is, ss the American lawyers say,
a parallel case to the arrest of supposed Grim
inal. If he turns out an innocent man, we are
liable to an action for assault, or false impris
onment, and We must purchase peace as well
as we can. We may, indeed, have plenty of
reason to suspect the vessel, and if our suspi
cions turn out well founded, we are safe but if
not, the mistake is our own, and we must pay
for it. That is the present understanding be-
tween US and the United States, and zoe beliere
1t justitfes the announcement that the right of
search and visitation has n0U been soholly a6ds-
doned.