The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-05-29
Search and SEIZURE OF AMERICAN
VESSELS. ~ ~


REPORT OF MR. MASON, or VIRGINIA,
From he C6nnanes F6regn lelatsos naad Le Senate
Nay IS, 1858.
The Committee ON Foreign Relations to whom was re-
ferred the resolution OF the Senate instrcting them
o inquire whether any legislation is necessary TO en-
able the President Of the United States to protect
American vessels against British aggression IN the
Gulf of Mexico or elsewhere, and TO whom las also
been referred the of the President Of the United
States communicating in answer to a resolution OF
the Senate information concerning the recent search
seizure Of American vessels by foreign armed
cruisers in the Gulf Of Mexico have had the same un-
der consideration, and now
taa REPORT: 80
The documents accompanying the message of the
President show series Of aggressive scta the
of the United States in the Gulf of Mexico. and
of the West India islands by the naval forces of Great
Britain, OF character marked and extraordinary To
have fixed the attention Of the country
American vessels pursuing the paths OF lawful COM
merce on the high seas, or passing near the American
coast from domestic port TO another, under the flag
Of their country have been pursued, fired into and
PEELED to stop by the public force OF foreign power
questioned to their destination their cargo and the
character OF their crew required to submit To exam
nation of their papers and to scrutiny into the OBJ
jccts and purpose Of their voyage.
In other Instances, American vessels anchored in the
harbor Of friendly power ut Of Sagua la Grande
in the Island Of Cuba, have been subjected to police in
QUESTION by the foreign power, and in like
$3.50 =
lions their destination the of their absence
from home, and the number and character Of their
crews
" 1t would appear from the letter of the consul of the
United States at Havana, "a document accompanying
the message that no less than fifteen American
vessels lying in the harbor, in port ut Sagua Ia
Grande, were made to undergo this humating system
of espionage whilst six vessels the high in the
Gulf of Mexico, bearing their countrys flag were,
above stated by actual exhibition and of force,
dangerng in instances the lives Of those board
compelled to stop and submit to detention, until board
ing officer satisfied ia such questions it his
pleasure to put .ga
Besides the instances above cited officially commune
Gated with the Presidents message in reply to call Of
the Senate each successive arrival from the infested quar-
ter brings intelligence OF and additional aggrcssions
Of like character committed by the power
sells bearing the flag OF the United States,
1t has occasionally happened heretofore under crcum
stances Of misrepresentation msconstructon of orders
from other and like causes that vessels of the United
States have been subjected by the armed force of foreign
power to visitation and search in violation of nerna
onal law and in derogaton of the independence of our
flag and in such isolated the honor of the country
may have been sufficiently indicated by disclaimer Of
intendod wrong by rebuke of the officer offending
But the continuous and pcrseverng character Of the
gressions brought to the notice of the country
mittcd by power with whom we are at peace, and a
most within sight of shores is sufficient to
the just Indignation Of the country and calls in the op
ion Of the committee for the most prompt and efficient
measures arrest once and to end finally and forever
the commission of like indiglitcs to flag
The documents accompanying the message disclose the
fact that these acts Of visitation and examination of
American vessels sought to be justified under the
plea of necessity for the suppression of the slave trade
supposed to be actually carried out, between Africa
and the island of Cuba.
The committee will not go into any inquiry in refer
encc to such alleged necessity II is sufficient for them
10 know that the assent of the United States although
often invoked has never been yielded any such sys
OF police the They rest the position, not
to be controversial that by no principle OF international
law vessel under the flag of its country be visited
detained the high in time of peace by any for
egn power under any prcext for any purpose what
without the consent Of those over whom the flag
waves.
Without going at large into the questions heretofore
involved to the rights of independent nations that
common highway of the world-thc open sea the COM
mittee deem this, nevertheless fit occasion to declare
the principles always maintained by the United States
regulating the of the open high in time Of
peace and from which derived rights to the people of
the United States admitting restraint qualification
and to be maintained at whatever cost
There right of visitation far less of SEARCH to be
exercised in time of peace by any nation the ships
vessels Of o,her nations there be long the
laws of the civilized world touching the freedom of the
respected by civilized Such claim, there
FORE having foundation in law in the comfy OF ma
TONS be tolerated by an independent power
but in derogation of her sovereignty Neither there
any distinction to DO drawn in the claim Of right between
visitation at by the armed vessels of foreign power
when unattended by examination and search and such vs
:. u . & 4
The offence and violation of public law consists in the
vsaic without regard to its purpose, when claimed
right against the will Of the party subjected to it. Were
it otherwise there would follow of course the correatve
right to arrest and deain the vessel until the visitation
is effected
The committee find these principles admitted and
forced by the opinions and the decisions Of the most emf
nent judicial authorities, both in this country and in
Great Britain.
TIhe case of the /" Manana Flora in the Supreme
Court of the United States reported in III Wheaton,
L. And in England the of Le Louis, decided by
Lord stowe in 1877 and reported in Dodsons Admiralty
Reports, vol. 2, page 2l0.l
TheJ founded in two simple elemental principles OF
public law First in the equality of all independent
States and second the by all recognised
States of the open a highway in time of peace
Such the rights and immunes of our citizens
and outraged by armed vessels Of foreign power in
time of profound peace and in instances almost
within sight of our own shores.
Indignant the American people are, and ought to
be- at the character and persistent repetition of such
aggressions yet their and gravity will oppv
ney supply the OCCASION and to end, and forever,
all future question to this right Of visitation at
between tho United States and the offending Power
And the committee refrain only from recommending at
such additional legislation would be most eec
ual to protect the of the country from aggrc
ons Of the character thus brought 10 the notice Of the
Senate from the fact that the President las shown by the
letter of the Secretary of the Navy accompanying the
sagc has already ordered all the dspoabe naval force of
the infested quarter with orders toprotect
oil vessels of the United States the high from
search detention by the vessels ofwar Of any other
ton" These preventive measures only, and tenn