Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1858-06-09

their cargo and the character Of their crew;
required to submit to an examination Of their
sea papers, and to a scrutiny into the objects
and purpose of their voyage.
Ia other instances, American vessels an
chored il the harbor of a friendly power, at
the port of Sagua la Grande, in the Island
of Cuba, have been subjected to police in
qusitioa by the same foreign power, Bnd III
like manner required to exhibit their papers.
and to submit to questions as to their destin-
alton, the cause of their absence from home, |
and the number and character of their crews. !
1t would appear from the letter of the con- !
sui Of the United States at Havana, Ga docu-
ment accompanying the message,) that no
less than fifteen American vessels lying in
the harbor, Or in port at Sagua la Grande,
were made to undergo this humiliating system
of epionage; whilst six vessels on the high
seas in the Gulf OF Mexico, bearing our
country's flag, were, as above stated, by ac-
tual exhibition and use of force, endangering,
in some instances, the lives of those on board,
compelled to submit to detention, until &
/ boarding officer satisfied in such questions
as it was his pleasure to put
Besides the instance above cited, officially
| communicated with the Presidents message
| in reply to a call of the Senate, each sue
cessive arrival from the infested quarter
brings intelligence of new and additional ag
gressions of like character. committed by the
same power, on vessels bearing the flag of the
| United States
It has occasionally happened heretofore,
under circumstances of misapprehension, or
misconstructiOn of orders, or from other and
like causes, that vessels of the United States
have been subjected by the armed force of
foreign power to visitation and search, in vi
olatiou of International law, and in derogation
Of the independence of our flag, and in such
isolated cases the honor of the country may
have been sufficiently vindicatcd by dis
claimer of intended wrong or by rcbuke OF
the office offending. But the continuous and
persevering character of the aggressions now
brought to the notice of the country, commit
ted bv power with whom We are at peace,
and almost within sight of our shores, is suf
fcient to arouse the just Indignation of the
} country, and calls, in the opinion of the com
mittee, for the most prompt and efficient
measures, to arrest at once, and to end finally
and forever, the commission of like indigni-
ties to our flag.
The documents accompany the message
disclose the fact these acts of visitation and
examination of American vessels, were sought
to be justified under the plea of necessity for
the suppression Of the slave trade. supposed
to be or actually carried out, between Africa
a and tue island of Cuba
t The committee will not 90 into any inquiry
in reference to such alleged necessity. 1t is
: sufficient for them to know that the assent of
the United States, although often invoked
: has never been yielded to any such system o.
! police on the seas. They rest on the position
d not to be controverted, that by DO principle
= of international law, cali vessel under the
- flag of its country, be visited or detained on
# the high seas in time of peace by any foreign
d power under any prctext or for any purpose
J., whatever, without the assent Of those over
n whom the flag waves.
II Without going at large into the questior
n heretofore involved to the rights of indie
1t pendent nations on that common highway o
20 the world-the open sea-the committee deem
5. this nevertheless, fit occasion to declare th
ot principles always maintained by the Unitet
J. States as regulating the use Of tie open 0
,e high seas in time OF peace, and from whic
r are derived rights to the people of the Unite
le States admitting no restraint or qualification
at and to be maintained at whatever cost.
lc There is no right of visitation, far less c
G. search, to be exercised in time of peace b
r any nation on the ships or vessels of othe
as nations, nor can there be so long as the law
of the civilized world touching the freedor
ty of the sea are respected by civilized men
IL Sucu ClaiUI therefore, AaNIu2 uO IOuUudllo
ae iu law or in the comfy Of nations, can neve
Mt be tolerated by an independent power but i
G. derogation of her sovereignty. Neither
there any distinction to be drawn in the clair
al of right between visitation at sea by til
~ armed vessels of foreign power when III
attended by examination and search, an
such visitation when so attended.
lie The offence and violation of public la
lis consists in the uisitation. without regard
no its purpose, when claimed as :. 7ight, again
ed the will OF the party subjected to it. WEI
re it otherwise there would follow. of cours
.c- the correlative right to arrest and detsin IL
IRE vessel until the visitation is effected.
d. The committee find these principles admi
be ted and enforced by the opinions and the 4
ID, ci5ions of the most eminent Judicial author
mt ties, both in this country and in Great Bri
ain.
The case Of the "Manana Flora, in Il
Supreme Court of the United States, report,
in II Wheaton, page 1. And in Englan
els the case of lie Louis" decided by Lo
Stowell in 1917, and reported in Dodso,
\ Admiralty Reports, vol. 2, page 2I0,
MS They are founded in two simple element
principles of public law: First, in the equ;
ity Of all independent States; and seco1
to the common use by all recognized States
the the open sea as a highway in time of peaC
49, Tuch are the rights and immunities of c
l'i :, citizens navigating the ocean, which ha
the been fagrantly violated and outraged
Get armed vessels of foreign power in time
ion profound peace, and some instances aim
to within sight of our own shores
Of Indignant as the American people are. a
=. ought to be, at the character and persist,
ILL repetition of such aggressions, yet their
en- currencc and gravity will opportunely sup
rch the occasion, and to end, now and forey