The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-08-13
THE RIGHT or SEARCH IN THE HOUSE
or LORDS-THE CONCLUSION.

had given notice Your ordshipS have probably read
the speech me e by Mr. Dallas short time since at "A
meeting of hs feow-subects to celebrate the anniyer
sary of American independence Upon that occasion the
honorable gentleman stated that the question of the right
OF visiting American vessels the high n time of
peace had been finally settled Now this is question
of much impo and of such deep interest that
IL is material, think that we should receive a distinct
and precise account of the terms of its settlement. 1t
that account that have given notice of the qucs
ton mean to propose to my noble friend, the
Secretary TOR Foreign Affairs, asking him to give
tniormaon upon the subject to which il refers Sew
oral persons in high political petition appear TO think
that this proceeding Is Justified and that in pout
of fact we have surrendered most valuable and por
tant right The make to this assertion Is that
We have surrendered right at all for in point of
fact no such right that contended for has existed
Ne hauc, toycs abandoned that assumption Of right and
dong So 4 think Ng hace cd justly pruday and uisel
lHea,
Perhaps may be allowed to make observations
on the general question: and to refer to of the
eminent authorities the subject would not have
troubled your ordshps at any length upon the matter
were 1t not that think it is great importance that this
question should be distinctly aud finally understood and
settled The first proposition stated is this That by
construction OF international law has this right been
asserted and in the next place. there is no decision
any court OF justice having jurisdiction decide such
questions In which this right has been admitted
wiSh III making these assertions, 10 fortify myself by
some authorities. feel, then Icannot refer better
authority, as an English authority, than that of Lord
Stowell Lord Sowes words these 'sI can find
no authoty tat gives fgt TO the interruption OF the
navigation Of the vessels of States the high seas cx
cep that which the rights Of war give to both bclige-
rents against neutrals' Wheaton, the eminent Auefi-
can authority upon international law, says 1t is i'm.
possible to show single passage in any constitutional
writer on public law or a Judgment in any court by
which that law administered which will Justify the cx
ercse of such right upon the high seas independently
OF special contract" SO that sour ordships will per-
ceive that both this side of the and in America
the highest authorities the subject have prom ourccd
against any such supposed rghs For myself may saw
have been able to discover any principle of law
or of reason upon which such right could rest
Lord Stowel again says No one can exercise tile right
of visitation and search upon the high seas except bel
lgerent power No such right has ever been claimed
1t be exercised without the suppression Interrupt
ton and the endangcrng of the relations with and the
lawful navigation OF other countries If the right were
to exist at ALL itust be universal and extend equally to
all countries. If to proceed to consider this ques-
ton further it would be necessary for state the
gigantic mschsfs which such claim is likely to pro-
duce Another high authority, Judge story in the
welknown case of the Marianne and the Flora expressed
the opinion almost In the same terms will refer
now only to the principle which the question itself
rests What is the rule in respect to the high seas and
to the navigation on the high seas All nations are equal
ON the high seas Whether they be the most powerful
the weakest their vessels the high seas are placed
upon perfect footing of equality What is the position
Of merchant ship upon the high seas Why IL is part
of the dominion of the country to which it belongs
What right has one nation then to interfere with an
other when their rights on the high seas are coeuual
What right has one nation to interrupt or to interfere
with the navigation Of another nation! WHY the prin
cple Is clear and distinct that will not admit of
the smallest doubt Lord Stowell in another place
says in respect to navigation on the high seas oAlf
nations being equal all have equal right to the unin
terrupted use of the ocean for their navigation In
places where legal authority exists where the subjects
of all States meet upon the footing Of entire equality
and independence one State or any of its subjects
have right to assume exercise any authority over
the subjects Of another
Having stated this principle the next question which
arises is this How are those difficulties to be met which
arise out of frauds practiced the high seas 1t may
be said that the flag Of America may be assumed by
another power the basest of purposes But how
can that affect the right How can the conduct of
third power affect any right existing on the part of the
United States BIZ our treaty ,cM Spain uce hare no
doubt The right to usi and search Spanish cessels ciM The
pev to the suppression of The Stare trade But how can
the trade between Spain and us affect the rights of
America Why, reason is decisive on the sub
ject, Well but what other course can we take say
that the Is quite clear and plain If one of our
cruisers vessel with the American flag, and has
reason to believe it is assumed he must examine and
inquire into the facts we'll he If he ascer-
tns to the best of his judgment that the vessel has
right to the American flag he may certainly visit
and examine her papers and If he finds his suspicious
correct, he may deal with the vessel in ust
fled by tho particular relation existing between England
and that country to which the vessel belongs America
in such case, would have right to interfere. The
matter would simply be one between English cruiser
and the particular vessel seized But the other hand
it should turn out that the vessel after all was an
American one that perfectly justified in using the
flag suspected situation is this, that should i'm
medatey apologize for the act that committed and
make the most ample