The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-16


The Derby EVASION IN Pariiament-True
Cause u the British Outrsges.
We give In another column the reply of Mr..
Fitzgerald In the British House of Commons, on
the part Of the Derby ministry, to q question
put to the government on the subject of the
searching of American vessels at sea and In
the ports Of friendly nations by British
cruisers
When the question was first put Mr.. Fitz-
gerald was not prepared to answer, and asked
for one days delay, doubtless that he might
consult his colleagues In the Cabinet. The next
day he made reply, which is not only indef-
mite bot is utterly evasive Of the true point at
issue in this question. He plead the usual want
of official knowledge of the cases referred to,
stated the great regret Of her Majesty's govern
ment that any such occurrence should have
taken place, and closed by saying that " orders
had been sent out by the Admiralty giving pc
remptory instructions 10 our officers to observe
the utmost caution" This is all very well as
far as II goes but IL does not touch the real
point at Issue; and II evinces either great igno-
rance on the part Of the Derby ministry or a
disposition not TO look ct and settle the real
difficulty between the two nations.
Mr.. Fitzgerald avoids the poist by false
ly stating that "the real difficulty arose
from the fact that aavers almost In
variably hoisted the American flag Not
only Is this not the cause Of - the real difficult
ty," but 1t IL not true In fact; and Is only a
pretence 10 cover up and hide the true cause of
"the real dificulty." We have on q former
occasion demonstrated that for the successful
prosecution of the slave trade the combination
OF three elements are essential: -
lst. The consent Of the Spanish government
In Cuba 10 the landing Of the negoes
I'd. The conveyance Of the British goods for
the purchase of the slaves under the British
flag TO the coast of Africa
Sd. The delivery Of an American vessel on
the coast, In order 10 run the cargo over TO
Cuba, when an opportunity TO escape occurs
When the three elements are successfully
combined for the expedition, the SLAYER starts
from the coast for Cuba but II Is not true that
she hoists the American flag, or any other flag.
IL she hoisted the American, or the Spanish, or
the Portuguese, or the British flag, and she
were captured, every man on board of her
would be hung, for the act is piracy by the
laws Of all those nstions A SLAYER sails under
no flag, and this Is the reason why no slave
trader has ever been hung In England or any
where else. Mr.. Fitzgerald might say with
equal propriety that the true cause Of the dini
Guilty Is, that goods are carried out from Man
chester and Birmingham under the British flag
10 buy negroes with.
The "real difficulty" arises from far higher
and more important conflict between the two
governmental conflict Of principles with i'm
pudent assumption. The government Of the
United States asserts the broad principle that
every American vessel upon the ocean is part
Of the national territory, carrying with II the
national immunity from invasion by foreign
Power, and an accountability 10 eur own ma
uonal authority and law only that, in time
OF peace, every American ship has the right to
sail the ocean without hindrance or questioning
BY any foreign officer; and only In time Of war
actual belligerents have the right TO ask for the
exhibition OF the register, and nothing more.
But England assumes the right to exercise upon
the ocean vha' she is pleased 10 term ga poIioo