The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1858-06-16

The use OF her papers is, in time Of war, to
prove her neutrality when visited by bellige-
rent cruisers and in both peace and war,
to show her national character, and the law
fulness OF her voyage, in those ports OF othsr
countries to which she may proceed for pnr- !
poses of trade.
ltappears to the Government OF the United
States that the view of this whole subject
which is the most naturally taken, is also the
most legal, and most in analogy with other
cases. British cruisers have right 10 detain
British merchantmen for certain purposes;
and they have right, acquired by treaty, to
detain merchant vessels OF several other ma
tions for the same purposes. But they have
no right at all, to detaln an American mer-
chant vessel. This Lord Aberdeen admits
in the fullest manner. Any detention Of an
American vessel BY British cruiser. Is
therefore wrong-a trespress; although It
may be done under the belief that she be-
longed to a nation which had conceded the
right of such detention to the British cruz
sers, and the trespass therefore an inso.uata-
~ trespass.
II a ship-of-war, in thick weather, or in
the darkness OF the night, fire uponand sink
a neutral vessel, under the belief that she Is
an ene,ny's vessel, this is a trespass, mere
wrong and cannot be said to be an act done
under any right, accompanied by response
bilty for damages. So if civil officer on
land have process against one individual, and
through mistake arrests another, this arrest
is wholly tortious; no one would think OF
saving that it was done under any lawful ex-
ercise Of authority. subject only to response
bility, or that il was anything but mere
trcspass. The municipal law Goes not un-
dertake to lay down beforehand any rule for
/ the government of such cases, and as little.
in the opinion of the Government OF the
United States, does the public law OF the
world lay down beforehand any rule for the
government Of cases Of involuntary trespas-
ses, detentlons, and injuries at sea except
that in both classes Of cases law and reason
make distinction between injuries commit
ted through mistake and injuries committed
by design; the former being entitled 10 ialr
and just compensation-the latter demanding
exemplary damages, and sometimes personal
punishment. The Government Of the United
States has frequently made know is op.nion.
which it now repeats, that the practice Of
OBTAINING American vessels, though subject
to just compensation, il such detention alter
ward turn out to have been without good
cause, however guarded by instructions, or
however caution y exercised, necessarily
leads TO serious Inconvenience and injury.
! The amount of loss cannot be always well
ascertained. compensation, it it be adequate
| in the amount, NAV still necessarily be long
delayed and the penden,y Of such claims
always prove troublesome to the Govern
ments Of both countries. These detentions,
too, frequently irritate individuals, cause
warm blood, and produce nothing but i'll ef-
! feets on the amiable relations existing be-
tween the countries. We wish, therefore,
to put an end 10 them. and TO avoid all oc-
casions for their recurrence.
/ On the whole, the Government OF the
United States. while it has not conceded a
mutual right of visit or search, as has been
done by the parties 10 the quntuple treaty OF
/ December, Sal, does rot admit that. By The
tatr and practice ( aa'ions. there Is any such
fling as right Of risi. disiiaguisteiby 'csl
known ruies aii !. ji.,iiions fran NE right q
search. II does not admit that visit OF Ame-
rican merchant vessels by British cruisers Is
/ founded on any right, notwithstanding the
cruiser NAV suppose such vessels 10 be Brit
i ish, Brazilian or Portuguese. We cannot
1 but see that the detention and exam nation 81
american vessels by British cruisers has
already led TO further consequcnces-highls
] injurious TO the lawful commerce OF the
United States.
/ AT the same time, the Government Of the
/ United States fully admits that its flag can
IN Iipr
than to regularly documented American YES
seis. II uas upon this view OF the whole
case, and with firm conviction Of the truth
| of these sentiments. that II Cheeriuliy as
sumed tho duties contained 10 the Treaty .i
/ Washington in the hupe that thereby causes
Of difficulty aud Of difference might be alto
gether removed and that the two powers
might be enabled 70 act concurTenily. cDrdI-
aliy. and eAectualy for re suppression Of a
traffic which both regard as reproach upon
the civilization Of The age, and al war with
every principle Humanity and every CHRIS
tan sentiment.
The Government of the United States has
no interest, nor j. il under the influence 1T
any opinions, which should lead il TO desire
any drrogaiion Of the authority aud rights Of
maritime power. But IN the convictions
which il en,ertains and in the measures
which il has adopted, Il has been governed
solely b. sincere desire 10 suppost those
principles and those practices which il be-
lieyes to be eomformable 20 public law, and
favorable TO the peace and harmony Of ma
/ ti0ns.
Both Houses Of Congress. wi remarka-
BILE degree o. unanimlty, have made express
provisions for carrying into effect the 9Th
article Of the treaty. An American squadron
will Immediately proceed To the co1st 81 AZ
RIGA. Instructions for its commander are IN
the course Of preparation, and copies will be
furnished 20 the British Government; and the
President confidently believes that The corr
dial concurrence of the two Governments.
in the mode agreed on. will be more eaectual