The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-26

THH RI0ar or VISIT AND THE RraHr OF
SEARcH.-In order to mako out justification
for the outraees daily committed on our com
merce, the New York organ Of the British Lee
cation Is reviving the exploded Arguments of
past diplomatic discussions to establish adistinc-
ton between the right of search and the right
of visit. 1t 10 assumed that in denying and
protesting against the one we have either d.
rectly or indirectly acknowledged the other.
We should not have noticed the nonsense Ut
tered by this journal but for the probability
that its arguments emanate from an official
source, and are probably those that will be re-
lied upon In the answer of the British govern
ment TO our claims for redress.
Now, nothing can be moro clear or emphatic
than the reputation always offered by our
government to this attempted distinction be-
tween the rights Of visitation and search. In
1923 John Quincy Adams, in his reply to Mr.
Canning in reference to this same question,
stated that "there was in the ordinary
way no right whatever existing to take
search, or even to board merchant vessels"
In Mr.. Webster's despatch to Mr.. Everett,
in March, lS43, this doctrine was more fully and
clearly enunciated He states that "while the
government Of the United States has not CON
coded a mutual right of visit or search, as has
been done by the parties to the quintaple treaty
of December, 184l, it does not admit that by
the law and practice of nations there is any
such thing as q right to visit, distinguished by
well known rules and definitions, from the right
TO search" And lastly, General Cass, in his
letter to Lord Napier, repeats in still more posi-
tive terms that "the United States deny the
right of the cruisers of any other Power what
ever, for any purpose whatever, to enter their
vessels by force in time of peace"
Now, nothing can be more unfair than to as
sumo that there is anything peculiar in the posi-
ton adopted by our statesmen on this question.
II is strictly in accordance with the principles
of International law, and may he said to be
based upon the opinions of the most eminent
British jurists. So far back as 1917 Lord
Stowell, in decision rendered In the
British Court of Admiralty, went to the utmost
lengths that our government has ever advanced
in connection with it. Upon that occasion this
great lawyer declared that "no nation could
exercise the right of visitation and search upon
commerce and unappropriated parts of the
ocean, except upon the belligerent claim. The
right of visitation and search did not exist Ia
time of peace. If it belonged to one nation it
belonged to all, and would lead to gigantic
mischief and universal war; It is only within
the last few months that one of the most learned
of living English lawyers gave expression to
sentiments almost o. strong in reference to the
Csgliari case.
1t is, therefore, useless for English statesmen
or English journalists to attempt to justify these
outrages by the refinements of diplomatic or
legal subtlety. The question has been stripped
of all its false coloring, and must now be met
on the broad grounds to which the bold acts of
the British naval officers have reduced il.
These acts can only be explained by the de-
termination Of their government to enforce
what is called general police Of the seas.
Under this system it counts upon being able to
advance the interests of its own commerce and
to harass and impede those Of other countries.
1t has already destroyed the Legitimate trade Of
Spain of the coast Of Africa, and now seeks to
obstruct and limit that of the United States
through the same fundamentally. Against all
such pretensions it is the duty of our govern
ment to protest, and il necessary, even to
make war. Sincere in its desire to put down
the slave trade, 1t has always advocated the
most direct means of doing 1t; but at the same
time il must not allow another Power under
equivocal pretences to enforce a system whose
only effect must be to hamper our trade and de-
stroy our commercial Independence We shall
have to organize and put into action our own
maritime police and one of its first proceedings
will, we hope, he to seize and carry into our
ports the British gunbosts which commit such
daring and unjustifable aggressious upon our
merchantmen.
-