Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-08-20
The Right of Search AbandOned-DallRss State.
memtS in Parliament.

ments In Parliament.
On the Goth of July, in the British House of Lords
in reply to question from Lord Lyndhurst in relation
to Mr.. Daas's declaration that the English govern
men had abandoned the right of search or visit the
Ear OF Mamesbury said:
am very glad, my Lords, that my noble and learned
friend has made opportunity-ifI may so say-for
giving us his opinion on this very important matter.
Hear, hear That opinion must be of immense i'm
portance in Europe and America. [ may say that it
must finally settle this dispute and if it be ever again
mooted, my noble and learned friends opinion will be
quoted, as he himself has quoted the opinion of his
great predecessor Lord Stowe Tt is great pleasure
to me to hear that he concurs entirely with the law
officers of the Grown, which took before replying to
to the note of General Cass They asserted unanimous
y that the international law exactly as it has been
described by my noble and learned friend. Upon that
opinion her Majesty's Government acted and at once
frankly confessed that having no title to make the
assumption which had hitherto been made to general
right of visit and Search they abandoned both of these
claims
At the time we placed before the American
Government the paramount necessity of drawing up
instructions, perfectly identical in character which
might be placed In the hands of the naval officers of the
two countries and if possible of all maritime nations
so that all acting in the same manner commerce may
no longer be obstructed and may again run the
risks of those quarres which have been caused by for
mer assertions of greater right Negotiations have
ton which we have so long made to right of visit and
search and the American Government, on the other
hand have stated that they ready to listen to and
consider any suggestions (which we may make with
view to the verifcaton of the flag.
We have made the same suggestions to the govern
ment Cf France and that government approaching the
great Importance of the question: have agreed to consd
er any proposition that may make and their part
to suggest any proposition which may appear likely to
be of service But there can be no doubt that although
we all agree that the dignity of several nations
would be compromised by allowing right of visit and
search it inevitably necessary that security should
be taken against fraudulent of the national flag
Hear, hear Further than that negotiations have not
proceeded and although it is not usual to produce pa
pers under these circumstances yet Her Maestys gov
ernment leave no objection to place your OrdShip s
table the correspondence which has taken place. as far
it goes Your ordshps will understand that it goes
no further than that have abandoned the right of
search and visit, and that the American government
have agreed to entertain and consider in fair spirit any
suggestions may make in order to obtain some secu
rity against the fraudulent adoption of the American
flag The French government have also been commu-
ncaed with, and they ready and even anxious to
assist us in attaining that object. Hear, hear
And subsequently i'll reply to remark by the Earl
of Granville, Lord Malmsbury said further:
The noble Earl who spoke last omitted to mention
one very important matter. No doubt the noble Ear
and the ministry with which he connected assumed
that the law such it has been laid down by my
noble and learned friend But he did not say that the
American government invariably went further and as
serted that they had right to maintain their own po
lice and that whatever might be on board vessel i
the American flag were flying we had no right to visit
it. They said they constantly carried out visitation by
their own police and that they would not be meddle(
with by any other country.
| Then came the question of discretion I admit that
lately know not by whose ORDERS there has appeared
to be increased activity exhibited by cruisers il
searching American vessels There can be no doub
that the accounts given to the American governmen
have been immensely exaggerated and may state tina
after a careful examination [ have not found any in
stance in which our cruisers have behaved even with in
civy to the officers Of any American vessel which they
have boarded but at the same time must admit tina
in the exercise Of that discretion which is given to then
under the orders of the noble carl there has been
of Judgment in some cases. and that our officers have
visited vessels which there fair to suppos
were engaged in the slave trade. The noble earl ha
asked me whether have altered those instructions.
have not done They remain precisely they were
But do not think they are so safely worded as the,
might be, and think they might be improved so no
to expose officers to the risk of making mistake
which amount to inraction of international law ant
which places them in unfair position, such NJ
officers, especially young officers, ought to occupy
Pending the arrangement which have sketched out
that English cruisers should search suspected Engis
vessels that Americans should search suspected Ameri
can and that French cruisers should search suspected
French vessels without actually altering the nstruc
tons heretofore acted upou we have thought right
suspend them until the negotiations have proceede,
further.
" e have also ordered cruisers on that coast t
respect the American flag under any circumstances
The Americans, on their part, have added consdera
bic number of cruisers the coast and have promised
during this period of inactivity part, which,
trust may be but Short to all the activity they
in order that the American flag, which, fear, has bee
several times used by slavers may not be prostituted
the purposes of the slave trade. Hear