The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-07-08
THE RIGHT OF VISITATION THE CoNTRo.
vRRsY CLOSED.

The Washington correspondent of the asso
ciated press, June 24th, telegraphed as fol
lows:
Mr.. Dallas, in the course of his dispatch
dated the 9th of June, alluded to a conyersa
ton he had with Lord Malmesbury, to whom
following the spirit of his instructions, he re
fused to make any concessions whatever in rela
tion to visit or search and he was about t,
end his letter with the report of an unfavorabl,
issue of the interview when he was agreesbl,
surprised with sudden change in affairs, ant
Lord Malmesbury himself, at the request of Mr.
Dallas, wrote the minutes of another converse
ton, in which he fully accepted the doctrine il
the letter of Secretary Case, of the 10th O
April, as sound international law, and in nc
way conflicting with the treaty of 1872"
The correctness of this statement is confirmed
by the Washington Union
The Union, of June 9th, also SAYS:
at is not our purpose to run through the
negotiations which have taken place between
General Cass and Lord Napier in this city since
the 10th of April Il is enough TO sav, as noe
understand the present aspect of the question,
that Lord MGtmesbUTy ,Ou declares that Her
MGiesty's Government recognise the principle OF
International ldlv as laid dozen By General Cdss
in his note Of the 10Th Of April, and that moth.
ing in the treaty fl842 (the Ash6urton treaty.
superSedes that lalc."
Again:
II IS, then, 10Th no ordinary qualification
that zoe announce the final settlement of this
long standing and troublesome dispute, 6y the
prompt and manly disaoo,0al Of any such right
by Lord Malmesbury, and his distinct recogni.
tion Of the principle of International ldso, so
explicitly laid doom by General Cass to Lord
Napier"
The Principle referred to was stated by Gen.
eral Cass in his despatch of 10th April, as fol-
lows
"The President of the United States, in his
annual message to Congress, in December, l84l a.,
denounced this pretension to detain and exana.
inc american oessels as an Interpolation into
the n, zritinee code of the ioorld, to suhich the
United States acould not submit The wears
which have passed since this authoritative dec
laration, marked as they have been by repeat.
ed remonstrances against these aggressions,
while they have added nothing to the strength
of the claim, have served but to confirm the
Government in their determination to oppose
it. No change Of name can change the illegal
character of the assumption Search or visit,
ii is equally an assault upon the independence
Of nations" ,.f..t
In a subsequent article, the Union says:
Lord Napier is distinctly advised that the
Government of England recognise as sound
those principles of international law which have
been laid down by General Cass, in his note of
the 10th Of April, to the British Minister in this
city-principles which he supports by the au.
thority of Lord Stowell and the Duke of Wei
ington; and that the British Government also
admit that there is nothing in the treaty of 1912
the Ashburton treaty with the United States
which supersedes that law. '"
"The dispatch to Lord Napier from Lord
Malmesbury is substantially the same as the
record of conversation between the former
person end Mr.. Dallas, which we have hereto.
fore made public. The present, ho,ceuer, comes
to General Cdss IN an authentic and official
shape troa Lord Napier himself and may
therefore be treated as the end Of the search
CONTROVERSY" E,st.t
By the Arabia, we have reports of discus
sion in Parliament on the subject.
:" Earl Mslmesbury deeply regretted that the
efforts of England to suppress the slave trade
had not been seconded by other nations. With
regard to the late unhappy differences, he had
admitted to the american Government as a
question of International lato that ENGLAND
'oas not entitled TO insist upon the right Of
search"
He added that, from conversation with the
American Minister, there was every reason to
believe that some understanding would be had
for clearly verifying the nationality of vessels,
without risking breach of international law.
In the House of Commons, June 18th, Mr..
Fitzgerald, in reply to Mr.. Bright, stated that
the Government, acting ander the adnice Of the
Groom laWyers, had 9iosn up the right of search
and Of sisit IN time Of peace !; but the Govern.
ment had invited America to join in maintain.
ing an ocean police. Il was under considers.
ton whether the squadron should be withdrawn
from the Cuban waters, and replaced on the
coast of Africa, and stringent instructions had
been sent to commanders of cruisers, enjoining
the strictest prudence and caution. =, .-'
The London Times of the 10th instant, in
leading article, congratulates the British Gov.
eminent "on hacing taken the advice oftle lao
officers the Croaoa, .ohose decided opinion, is.
that by International Tao, that NATION has no
right Of search--no right Of visitation rhateoer
IN time Of peace Upon that opinion lit says)
Lord Derby and his colleagues are prepared to
act. No English cruiser has the smallest riiozt
to interfere oith any ship bearing the taq of he
United States. saUe IN so far as that riqM has
been conf~Yedp -. -a-.. i. ... 80" Z
Bat the statement Of Lord Malmesbury, in
the House of Lords, is as explicit as words can