Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-12-18

country. but that the flags Of those nations
| with whom Great Britain has 10 slave trea-
ties are the most often prostituted by these
i enemies of mankind.
i The American flag has, therefore, constant
\ ~ been desecrated to protect the nefarious
| practices Of such men. and if the United
States government shOnld insist upon an in
| exorabe adherence to the letter of interna-
tional law, and that this determination be-
comes known to the world, the United States
flag will fhcn be the only one to which these
| malefactors will have recourse for security,
| ana Che sight and approach Of that now
| honorcd banner on the high seas would even
| tually become the canse of just suspicion and
| alarm 10 the lawful but defenceless trader.
/ But the United States government cannot
desire such .cnnspmmation; both passages
| in General Cass's able note, and the practice
| of the war navy of America, induce Her
! Majesty's government TO believe that the YER
! iication Of nationality may be obtained by
some mutual arrangement i'll regard to pro-
| ceedings TO be executed by their respective
officers, which may be found effective without
being offensive.
Gen. Cass observes that Z" a merchant yes
sci upon the high seas is protected by her ma
! tional character. He who forcibly enters her,
does so upon his own responsibility. I'm
/ doubtedly. If a vessel assume national
/ character TO which she is not entitled, and is
]
| tected by this assumption of nationality to
which she has no claim. As the identity of
/ person must be determined by the officer
/ bearing the process for his arrest, and deter
/ mined at the risk Of such officer. so must the
| national identity of vessel be determined
at the ike hazard 10 him, who, doubling the
! flag she displays. searches her TO ascertain her
true character. There, no donbt, may be cir
! cumstapcCs which would go far to modify
/ ths lint a OFT a
to make for such violation of its sovereign
! ty. If the boarding officer had just grounds
| for suspicion, and deported himself with pro-
| priety in the performance Of his task, dong
| no injury and peaceably retiring when salts
fed of his error, no nation would make such
an act the subject of serious reclamation"
Her Majesty's government agree entirely III
this view Of the case, and the question, there
fore, becomes one solely of discretion on the
| port of the acting officer. 1t appears to Her
! Majestys government that it is one extreme
| lv dangerous to intrust and onerOus TO bear,
| and that an exact definition OF what each re-
| spcctive State would permit for verifying ma
| tionality, and thereby securing general trade
| against piracy, should be agreed upon be-
| tween Great Britain and the United States.
| and clearly embodied in their Instructions TO
their national commanders.
The cruisers OF the United States do not
themselves shrink from the responsibility OF
visit for find in the papers presented to Con-
gress on the 2lst of April last, the following
allusiop to their practice as stated in report
from the commander Of the United States
ship Dale. dated st. Paul de LOanda, october
9, 1856 =
son the 10th of September discovered
bark of Blacla Point stood for her and board
ed her. She proved to he the French bark
Clara with a French officer on board to give
her national character.
''In Loango Bay examined the papers of
the French brig Merle, of Havre, engaged in
trading with the natives.
From the degraded condition OF the ma
tives of the coast, / cannot but believe that
this action of tho French government Will re-
suit in their benefit
You will. therefore, urge upon Cen Cass to
suggest TO her Maestys government some
rule to which our officers should mutually adj
here under the circumstance" which he
describes las going far to modify the COM
plant a nation would have right to make
for willful violation ofits rights Of sovereign
ty'
The view taken of the question by Admiral
Han,In. rs communicated to me short time
ago Ivy the French Charge d'Atlalres, Is that
in time OF peace the right to ascertain the ma
tonal character of a foreign merchant vessel
should, except under peculiar circumstances
and urgent necessity, be restricted in Its eXer-
else to compelling merchant vessel to show
its colors; that in certain cases such IA vessel
NAV he spoken with. avoiding. however, any
interruption Of its course; and that IN order
to warrant boarding Il vessel under french
cnlors. the proceedings of such vessel should
be such as to afford reasonable ground for
suspicion.
This to a certain degree. is security
against the fraudulent ~ of coiors; and II
her Majcsty's government do not consider it
or. haN ponll wi SlOnl1
be exercised. and to which they would be
ready reciprocity to subject the flag of Great
Britain. it is at least a safeguard against the
occurrence of such acts as the United States
government complain of. and restricts the dis
erection of officers within ineligible limits.
Mr. Dallas received from me copy of the
Admiralty's general instruction To her MaJes-
ty's commanders, which appears to be entire
ly in accordance with the principles of inter
national law laid down by General Cas- in
his note of April 10; and if he has not fur
nished General Cass with copy, your lord
ship will do so.
Her Majesty's government, anxious to re-
move all possible repetition of the acts which
appear to have caused so much excitement in
the United States, and which might II repeat
ed ut this moment, be detrimental to the
good relations OF the two countries, haze sent
further orders 10 the officers commanding the Cuban
Of The United Siacd unit some arrange
,neat in The sense IhaUe pointed out shall be made
by your lordship with the United States
government, or decline on their part.
Should the government Of The United States mol
think nj to ADOPT some mutual regulation by tchieh
the officers of both States shall be enabled TO UdJy
the nationality Of suspicious ship, without
offence to its crew or its country, her McgeSys
Government ,cH detply regret that opportunity
Z han In md ffgTf7e
f,oo nations from those veT0tios and irritating con-
torersies ,cjich are meritaiie as tong as Ne letter Of
International L1c is made feriY 10 0re71de those
measures ,chich eIperiace and common sense
recommend as necessary for The security II life aud
property on the high seas. am &c, &c.
GA MALMESBURY.
LORD NAPIER. &C.. DC. Fa
MR.. CAss TO MIR. DALLAS.
DEPARTMENT OF STATE,
WAsnNGroN, June 80, 1858.
SR--Your dispatches, Nos. 1914, lO6 aud
los. together with the accompanying copies
of the papers referred to, have been received
at this department and have been laid before
the President; and | am gratitl"d in being
able To convey to you the assurance That he
fully approves your correspondence with
Lord Malmesbury on the important subject
committed To you.
As TO the aggressions upon the vessels of
the United States 10y British armed cruisers,
which led 20 this correspondence, and which
YOU have made known to her Britannia
Maiesty's government it is not necessary that
should enter into any further consideration
of them at this time. When the facts shall
have been correctly asccrtaincd and duly
considered, | do not doubt but that the
British government will promptly redress
any injuries which may have been inflicted.
and will mark with its displeasure those Off
GERS whose cOndnct has given just causes of
offence TO the United States. @A
Aud in addition to the satisfactory
assurances which your correspondence con-
tains Of the views of the British government,
il gives me pleasure to be able 10 inform you
that this department, by the directions OF
Lord Malmesbury, has been furnished by
7 81 N,nior with m. roDv IF a tier adlr ,.Ss