The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1858-06-04
THE RIGHT OF VISIT AND THE
RIGHT OF SEARCH.

In order to make out JnsLlncatlon LOT the
outrages daily committed on our commerce.
,bs New York organ of the British Legation
!, reyiyine the exploded arguments Of past
dinlomatic discussions to establish distinc-
ton between the right Of search and the
,ioht of visit. II is assumed that in denying
and protesting against the one we have either
directly or indirectly acknowledged the other
We should not have the nonsense uttered by
this journal but for the probability that its
arguments emanate from an official source,
and are probably those that will be relied
unon in the answer OF the British govern
ment to our claims for redress.
Now, nothing can be more clear or emphat-
&c than the reputation always offered by our
government to this attempted distinction be-
tween the rights of visitation and search
In 1928 John Quincy Adams, in his reply to
Mr. Canning in reference to this same ques-
ton, stated that "there was in the ordinary
way no right whatever existing to take,
search, or even TO board merchant vessels
In Mr.. Webster's dispatch to Mr.. Everett, in
March, l843, this doctrine was more fully
and clearly enunciated. He states that "while
The government of the United States has not
conceded mutual right of visit or search,
as has been done by the parties TO the quin-
tuple treaty of December, l84l, it does not
admit that by the law and practice of nations
there isany such thing as a right to visit,
distinguished by well known rules and def
nitions, from the right of search" And lastly,
General Cass, in his letter to Lord Napier,
repeats in still more positive terms that "the
United States deny the right Of the cruisers
of any other Power whatever, for any pur-
pose whatever, to enter their vessels by force
in time of peace"
Now, nothing can be more unfair than to
assume that there is anything peculiar in the
position adopted by our statesmen~on this
question. 1t is strictly in accordance with
the principles of international law, and may
be said to be based upon the opinions of the
most eminent British jurist So far back rs
1917 Lord Stowell, in decision rendered in
the British Court of Admiralty, went TO the
utmost lengths that our government has ev-
er advanced in connection with it. Upon
that occasion this great lawyer declared that
mo nation could exercise the right of vista
ton and search upon commerce and unappro-
priated parts of the ocean, except upon the
belligerent claim. The right of visitation
and search did not exist in time Of peace
If it belonged to one nation it belonged to
all, and would lead to gigantic mischief and
universal war" 1t is only within the last
few months that one of the most learned of
living English lawyers gave expression to
sentiments almost MS strong in reference to
the Cagliari case.
tits, therefore, useless for English states
men or English journalists to attemptto JUS
tify these outrages by the refinements of
diplomatic or legal subtety. The question
has been stripped of all its false coloring, and
must now be met on the broad grounds to
which the bold acts of the British naval Of
fcers have reduced it. ~.
These acts can only be explained by the
determination of their government to enforce
what is called a general police of the SEAS
Under this system il counts upon being able
to advance the interests of its own commerce
and to harass aud impede those of other
countries. II has already destroyed the le-
climate trade of Spain off the coast of AZ
rica and now seeks to obstruct and limit
that of the United States through the same
fundamentally. Against all such preten-
sions i is the duty of our government to pro-
test, md If necessary, even to make war;
Sincere in its desire to put down the slave
trade, 1t has always advocated the most d.
rect means of doing it; but at the same time
1t must not allow another Power under
equivocal pretences to enforce system
whose only effect must be to hamper our
trade and destroy our commercial inde-
pendence. We shall have to organize and
put into action our own maritime police,
and one of its first proceedings will, we hope,
DO to seize and carry into our ports the
British gunboats which commit such daring
and unjusiifable aggressions upon our mer-
chantmen.-Nep York Herald