The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-06-17
1.-THE RIGHT OF VISIT AND THE RIGHT OF
SEARCH THE AMERICAN DOCTRINE.

On the 18th of March, l843, Mr.. Webster, in
an elaborate despatch to Mr.. Everett, which the
latter was directed to communicate to Lord
Aberdeen, replied to the British construction of
the Ashburton treaty, and reviewed at length
the grounds on which it was impossible for the
United States to accede to the British claim in
relation to the right of search. AS this paper
was the last formal declaration made on the
subject by our Government at that time, we
quote 20 much of the document as will serve to
mark its decided tone in opposition to the doc.
trine of the British Government:
." The right asserted is a right to ascertain
whether merchant vessel is justly entitled to
the protection of the flag which she may hap.
pen to have hoisted, such vessel being in cir
cumstances which render her liable to the sus.
picion, first, that she is not entitled to the
protection of the fac; and secondly, that, if
not entitled to it, she is, either by the law of
England, as an English vessel, or under the
provisions of treaties with certain European
Powers, subject to the supervision and search
of British cruisers.
"And yet Lord Aberdeen says that if, in
the exercise of this right, either from involun-
tary error or in spite of every precaution, loss
or injury should he sustained, prompt re a.
ration would be afforded
Z" 1t is not easy to perceive how these conse-
quences can be admitted Justly to flow from
the fair exercise of clear right. If injury be
produced by the exercise of a right, it would
seem strange that it should be repaired as if il
had been the effect of a wrongful act. The
general rule of law certainly is, that, in the
proper and prudent exercise OF his own right,
no one is answerable for undersigned Injuries.
It may be said that the right is qualified
right; that it is right to do certain acts Of
fnp at tk4 L. &c 4
doors, and of being made answerable for all
damages. But such an argument would prove
every trespass to be matter of right, subject
only to just responsibility If force were al
lowed to such reasoning in other cases, it would
follow that an individuals right in his own
property was hardly more than a well-founded
claim for compensation if he should be depriv-
ed OF 1t. But compen sation is that which ia
rendered for injury, and is not communication or
forced equivalent for acknowledged rights. 1t
implies, at least in its general Interpretation.
the commission of some wrongful act.
But without pressing further these in ouiries
into the accuracy and propriety of definitions
ana the use OF words, proceed to draw your
attention to the thing itself, and to consider
what these acts are which the British Govern.
ment insists its cruisers have right to per.
form, and to what conseq uences thew natural,v
MEMBER
the House of Commons thus states the British
claim, and his statement is acquiesced in and
adopted by the first Minister OF the Crown
60 The claim of this country is for the right
OF our cruisers to ascertain whether a merchant
vessel is justly entitled to the protection of the
nag which she may happen to have hoisted,
such vessel being in circumstances which rem.
dered her liable to the suspicion, first, that she
was not entitled to the protection of the flag;
and, secondly, if not entitled to it, she was,
either under the law of nations or the pro-
visions of treaties, subject to the supervision
and control of our cruisers 80
snow, the question is, by sohat means is this
entertainment to be effected?
AS We understand the general and settled
rules of public law, in respect to ships of war
sailing under the authority of their Govern
ment, to arrest pirates and other public Of
fenders,' there is no reason why they may not
approach any vessels deserted a. sea, for the
purpose of ascertaining their real characters.
Such o right of approach seems Indispensable
for the fair and discreet exercise of their Gu
thority; and the use of it cannot be Justly
deemed indicative of any design to insult or
injure those they approach, or to impede them
10 their lawful commerce. On the other hand.
it Is as clear that no ship is, under such cir.