The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-06-03

and to end, fxedly and forever, the commits
sion of like ndignities to our flag.
The documents accompanying the message
disclose the fact that these acts of visitation
and examination of American vessels were
sought to be justified under the plea of necessi-
ty for the suppression of the slave trade, sup
posed to be or actually carried on between
Africa and the Island of Cuba.
The committee will not 60 into any inquiry
in reference to such alleged necessity. 1t lie
sufficient for them to know that the assent Of
the United States, although often invoked, has
never been yielded to any such system of police
on the seas. They rest on the position, not to
be controverted, that by no principle of inter.
national law can vessel, under the flag of it's
country, be visited or detained on the high seas
in time of peace by any foreign Power, under
any pretext, or for any purpose whatever, with
out the consent of those over whom the flag
waves.
Without going at large into the questions
heretofore involved as to the right of indie
pendent nations on that common highway of
the world, the open sea, the committee never
theless deem this fit occasion to declare the
principles always maintained by the United
States as regulating the use of the open or high
seas in time of peace, and from which are
derived rights to the people of the United
States admitting of no restraint or qualification,
and to be maintained at whatever cost.
There is no right of visitation, far less of
search, to be exercised in time of peace by any
nation on the ships or vessels of other nations,
nor can there be, 80 long as the sentiment of
the civilized world, touching the freedom of the
seas, is respected by civilized men. Such q
claim, therefore, having no foundation liz law
or in the comfy of nations, can never be tolera.
ted by an independent Power but in derogation
OF her sovereignty. Neither is there any dis
tinction to be drawn in the claim of right be.
tween visitation at sea by the armed vessels of
foreign Power when unattended by examina-
ton or search, or such visitations when 80 at
tended. The offence and violation of public
law consists in the risitdtion, without regard to
its purpose, when claimed as q right against
the will of the party subjected to it for were
it otherwise, there would follow of course the
correlative right to arrest and detain the vessel
until the visitation is effected.
The committee find these principles admit.
ted and enforced by the opinions and the de-.
cisions OF the most eminent judicial authorities
both in this country and in Great Britain.
(The case of the Mariana Flora" in the Su.
preme Court of the United States, reported in
l! Wheaton, page l, and in England the case
OF LIE Louis" decided by Lord Stowell in
1917, and reported in Dodsons Admiralty Re
ports, vol. 2, page 2l0) They are founded on
two simple elementary principles of public law
First, in the equality of all independent States
and, second, the common use, by all recognised
States, CT the open sea as a highway in time of
peace.
Such are the rights and immunities of our
citizens navigating the ocean which have been
hagrantly violated and outraged by armed yes
sells OF foreign Power, in time of profound
peace, and, in some instances, almost within
sight OF our own shores: Indignant as the
American people are and ought to be at the
character aud persistent repetition of such az.
gresslons, yet their occurrence and gravity will
OPPORTUNITY supply the occasion to end, now
and forever, all future question as to this right
OF visitation at sea between the United States
and the offending Power. And the committee
refrain only from recommending at once such
additional legislation as would be most effectu.
al to protect the commerce CT the country from
aggressions of the character thus brought to
the notice of the Senate from the fact that the
President las shown by the letter of the Secre.
tary OF the Navy accompanying the message)
has already ordered all the disposable naval
force of the country into the infested quarter,
with orders to protect all vessels of the United
States on the high seas from search or deten.
ton by the vessels of war Of any other nation y
These are preventive measures only, and tenn.
porary in their character, but, in the judgment
OF the committee, 60 to the full extent of the
power of the Executive, in the absence of legis.
lative provision. 1t is believed, however, that
they will arrest for the present further like
offences In the quarter whence they have pro
ceeded.
1t appears further from these documents that
the altered state of the relations between the
United States and Great Britain which must
arise from this aggressive conduct of her armed
vessels has already been brought to the notice
of that Power by communications from the
Secretary of State, addressed to the British
Minister here ard to the Minister of the Uni, ed
States at London. 1t cannot be known, until
the result of these communications is laid be-
fore Congress, how far the acts in question
will be avowed or disavowed by the Govern
ment held responsible. 1t is the earnest hope
OF the committee that the course of that Gov
eminent will be of a character to satisfy the
Just demands of this Government, and at the
same time to furnish q guarantee against the
repetition Of the offence. Nothing short OF
this, in the opinion of the committee, will be
compatible with peaceful relations between the
two countries.
In the present posture of the affair, therefore,
the committee forbear from recommending any
additional Legislation to enable the President to
protect American vessels on the high seas from
the aggressions of foreign Powers; but they will
not forbear the declaration that such legisls.
ton must be promptly supplied, should the re.
suit show that it is needed to afford constant
and full immunity to our vessels engaged in
lawful commerce on the high seas from all ar
rest, molestation, or detention, under any pre-
tence or from any quarter.
In conclusion, the committee recommend the
adoption of the following resolutions:
Resotced, as the Judgment of the Senate, That
American vessels on the high seas, in time oil
peace, bearing the American flag, remain un
der the Jurisdiction of the country to which they
belong; and, therefore, any visitation, molesta
ton, or detention of such vessels by force, o,
by the exhibition of force, on the part of for
eign Power, is in derogation of the sovereignty
of the United States.
Resotced, That the recent and repeated VIC
lation of this immunity, committed BY vessels
of war belonging to the navy of Great Britain
in the Gulf of Mexico and the adjacent seas
and otherwise forcibly OBTAINING them on their
voyage, requires, in the Judgment of the Sen
ate, such unequivocal and final disposition Of
the subject by the Government of Great Britain
and the United States, touching the rights in.
volved, as shall preclude hereafter the occur
renee of like aggressions.
RESOLVED, That the Senate fully approves the
action of the Executive in sending a naval
force into the infested seas, with orders "to
protect all vessels of the United States on the
high seas from search or detention by the yes
sells of war of any other nation." And it Is the
opinion of the Senate that if it become neces
sary, such additional legislation should be sup
piled in aid of the Executive power as will
make such protection effectral.
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