The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-13
Tho New Phase CT tae Bxssisn Claim Go tae
0tShf OF Search.

eesrch IL The moot uoquiet. Notwithstanding
tue s.nouocs meuts made by the official orgsos,
both IL Washington aad London, that all DIFF
ait sniceo'y aud satisfactorily arranged, there
is constant call on both sides OF the Atlantic
for 7orettieg more paipable than the vague
asso'aIces Of ministers or the outgivings OF
othe al printers. Indeed. the question itself is
too great, and the interests involved too i'm
poriant, to rest Gpcn such unstable foundations.
Several important debates and questionings on
the subject have occurred in the British Parlis-
NEXT the most definite Of which was that which
took place in the House OF Lords on the 26th
OF July, published Ia our issue OF Tuesday
last
in this debate it seems that the point Of the
whole sdsir-the substance Of the concessions
mace to the United States-has been brought
light And it is something very different
ron the total concession of the claimed right
of visit or search. The discussion Was opened
by Lord Lyndhurst VINO explained the admitted
national law on this question, and, quoting Lord
Stowcll and Chief Justice Story, conceded that
England had no. the shadow Of o law to sus
tain her in the practice of the right of search
at sea in time of peace. He even went further.
He overthrow the fallacious distinction at
tempted to be drawn between visitation and
search and showed that the claim of right to
exercise maritime police over its own sub
jects, except by the authority of its own magis-
trates, had never been willingly conceded by
any country, and had no foundation whatever
in the Law Of nations. In all this there was no
new principle; and Lord Lyndhurst acknow-
lodged that these interpretations of inter
national law had always been held by British
judges.
Ee was followed by Lord Malmesbury the
British Secretary for Foreign Affairs, who
agreed with this Interpretation of the law, and
stated that the law officers of the Crown had
expressed the same opinion. He then an
nounced, as follows, the new position assumed
by the British government =
Upon tha. opinion her hajestys government at once
acted, aud frankly confessed that had no legal
claim 70 hs right visit and Of search which has
been assumed. (Hear, hear.) Her Majesty govern
meni have therefore abandoned both these claims but .,
the time they piaoed before tae American govern
mont the paramount necessity Of agreeing upon adop
ton OF some instructions to DO placed the hands OF the
maritime nations, by which all 70 should DO ruled
and TIER cfoeys should henceforwArd act In manner
less obstructive Of ocmmefce generally bu! ~ toe
time CALCULATED 10 preveLt the fraudulent the fAgs
of foreign Saeea al events such instructions would
have the elect Of saving from tacse qrarres arising
out OF the assertion CT an assumed rgrt Having given
up, as have said, the right of visit OF search the
American government on their part have received
commuDcaors With equal frankr sss and have slated to
her Mesfys government they ready 10 sten 10 and
70 coust any Suggestions may make % them with
the view to the vsracstion OF tho international flags
Lord Aberdeen then took up the question,
and stated that he had heard 10 novel princi-
Piles Of law set forth by the speakers who pre-
ceded him; he had always been familiar with
them, and acknowledged them. He had given
up the claim to the right of search twenty years
ago. Mr. Webster declared over and over
again to Lord Ashburton that the matter had
been satisfactorily settled; and it was then that
he drew up the Instructions which had lately
been acted upon He could not therefore, see
what Lord Malmesbury had given up. This
statement he fortified with these words-thdt
closing sentence is nothing more nor less than
Lord Mslmesbury's paramount necessity for
the verifcaiion Of international flags" =
viii take the nbsriy OF quoting q note OF my own
written al The period 70 which have referred Is a.
follows The Undersigned oil profession on
The part Of sse British sovnnmeot 70 visit and search
American vessels In time Of peace; has been the
practice 10 visit any such vessels But II invarabe
practice Of the Brsh navy 70 ascertain by the real
nationality of merchant vessels the high Seas they
have good reason 10 apprehend their illegal character
In reply to Lord Aberdeen, Lord Malmesbury
makes the following statement Of the position
which the American government has hitherto
held. 1t Is the one which the HERALD still
maintains, and will always maintain -" The
American government went further than that,
and commended that they alone had right 10
maintain their own police; and whatever idea
We had, If the American flag were flying on
board of vessel, we had no right to visit or to
search her. They have consistently main
tanned that they would carry out their own
police and would be meddled with by no other
country whatever" This is the position which
has not yet been acknowledged by the British
government a. ours Of right and until IL is
acknowledged the question of the right
Of search cannot be settled with Fog
land. All that Lord Malmesbury has lately
given up was conceded years ago by Lord
Aberdeen; but he has had the skill to re-assert
the arrogant claim Of England in new form.
Let US zee what this is.
His own words, Invested Of their verbiage,
are a. follows" Her Majestys government has
placed before the American government the
paramount necessity Of agreeing upon the adop-
ton Of some instructions, TO be placed in the
hands OF the officers Of both governments, cal
culated to prevent the fraudulent use Of the
flags Of foreign States; and the American gov
ernment have stated to her Maesty's govern
ment that they are ready to listen to aud con-
slider any suggestions with the view to the veri-
ication Of the national flag" This Is the new
position Of the British government; but Il is
the same old dog, only he has got a new collar
The right Of search he's been re-bsptised. aud IL
now the paramount necessity Of verifying the
,otioral Aav What Ia , % ,ar..ua..... -.