The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-06-04
SUSPECTED LATTTUDES.

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l.,l.,y,4 isai (" SUSPECTED LAITTuDES
q We need not quote the authority of the British
admiralty in support Of the declaration that there
two fundamental principles Of public law recognised
by all civilized States One is the perfect equality
Of all nations The second is, that all nations being
equal have an equal right to the uninterrupted use
Of the unappropriated parts Of the ocean for their
lists upon the high by which, under any circum-
stances any given nation claim jurisdiction. in
time Of peaco over the ships Of another. We claim
that American vessels, bearing flag. carry with
them, in every lawful voyage the laws and jurisdc-
ton of their own country. Tho ship, to all intents
and purposes conBtitutes part Of territory and
has right to claim, upon the public waters, precise
ly the Same immunity that she enjoys within our
own ports, There is, at all events, no ground for
misapprehending our position in this respect
We 500 floating about the country most sugges
tive and significant reference by those who claim the
right Of visitation and search to what 10 called sus
pected attitudes" Suspected ATTITUDES It is
common practice to exercise extraordinary author
iyby the police of great cities over the suspected
thief" He is often arrested on tho merest suspi-
con and without any color Of law because he is found
in suspected latitudes," or because he gives no
evidence ofregnlar employment Are we to have
this practice transferred to the high seas and ex-
tended to merchant ships by the Imperial Police of
the Great Maritime power Of Englandf We deny,
of course that there can be in legal contempla
ton any such places suspected latitudes" but if
it can be established that there are, the deduction
1 IL logical that some authority must be recog-
Missed by which effect can be given to the
suspicious of those intrusted with the power
to exercise therein all needfnl remedial force
aud assure all necessary correction. Granting,
then, for the sake Of the argument, and in order
to bring the distinctly before lis, that there
suspected attitudes" we desire to know, on the
basis of the equality of the nations and their right
to uninterrupted Of the unapproprated parts Of
the ocean--a principle, stated, for which we are
indebted to the British Admiralty what authority
il to be constituted and y whom executed by which,
in time of peace the character in this respect Of the
various ATTITUDES Of the high is to be determin-
edf We acknowledge the magnitude and power of
her Majestys navy; but these confer rights upon
her ships-of-war above those enjoyed by the weak
est State in Christendom. We concede to the minis
tors Of her Majesty an earnest purpose to suppress
the slave trade but this is no justification for the
assertion Of the existence Of suspected ATTITUDES"
within which her cruisers instructed to be vigi-
liant in the detection of such unlawful practices by
invading and trampling under foot the sovereign
rights Of other States whose affords equal
nestness and effort to effect the same end
There ID great significance in reference to this
point in the practical illusrson Of Mr. Dallas in his
letter TO Lord Clarendon on this subject Mr. Dallas
claims immunity for the American flag wherever
hoisted, even over the humble lorcha on the high
Seas il will be remembered that England com
mcnced tho present war with China because the Chi
nese forts fred upon lorcha bearing the English
flag, on the river whilst the craft forcing the
passage of the forts
This word immunity expresses all that can be said
in behalf Of the liberty and equality of the the
common highway Of the nations and it rebukes the
prstenson of founding exceptional comforting
special jurisdictions, and establishing special and
tudes" they invite alike the vigilance Of every State
whose Gag therein shall be prosttuted and upon
each rests tho sole responsibility Of vindcating its
honor and protecting its authority A State cannot
confer such responsibility upon another. except by
treaty, without complete surrender of its indepcnd-
enoe and of it, sovereign right to fuse tho unappro-
priAtsd parts Of the ocean for its navigation
Tho great principle which lays at the foundation
OF his matter 10, the equality of the nations upon
the high seas Under this principle, the merchant
ship never ceases to be part Of the sovereign ju
risdction Of the State which authorizes its voyage
and confers upon it its flag
Whatever may be the motive which may have in