The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-08-13

to attempt the enforcement of assumed right which
might lead TO resistance, and aft rwars 10 say
Before sit down. feel myself called upon TO do JUS
dce TO the honor of the gentleman who made the state
ment TO which have refe ed Wish =, read the con-
cluding words of that honorable gentlemans speech,
because they 4 perfect accordance with that high
character he has always majntF'ned, both in America
and IN The count 10 which he Is sent the representa-
tive OF the United States, The honorable gentleman
nsuded the speech TO which have referred thus
"While am able to announce TO you this gratifying
fact think the jnomation should be accompanied
also by the assurance Of the termaaton OF that dh
Guilty which he's been of trouble TO both coun
tries for nearly half century The settlement of that
question hes been brought about by degree of honor
able candor and aiy dealing the part of the British
which is deserving of every acknowledgment
part. Now, those words distinctly in unison
with the honorable character Of the honorable gentleman
to whom refer.
these observations / beg leave to ask my noble
friend the Secretary for Foreea Affairs, whether he is
prepared to lay the table Of the House the correspond
with the American government with respect to the
right of visitation? (?
The Earl of MALy7spURY said !: My lords, have to
thank my noble and learned friend for having for
ward, and, as may say, made the occasion himself,
whereby he has given us an opportunity of hearing his
opinion upon this important subject. i think, my
lords that that opinion must be of immense consequence
and value both in Europe and In America, when it be-
fully known. Indeed feel, may say, that that
opinion must finally settle the Disputed point And, if
opinion just expressed by my noble and learned friend
must be quoted with great weight my noble and
learned friend has quoted the authority of his great pre-
dccessor Lord Stowel 1t with great pleasure that
have heard the views Of my noble and learned friend
this important subject because they cor on precisely to
the opinion of the law officers Of the crown, whom we
thought it duty to consult before sent any address
in answer to the communications received from the
American government. #
When we received General Casss communication,
which was addressed to her NIaestys government,
Immediately consulted the law officers Of the Crown and
they apmously asserted that the international law in
reference to this question precisely it has been
described by my noble and learned friend Upon that
opinion her Maestys government at acted, and
frankly confessed that had legal claim to the right
Of visit and of search which has hitherto been assumed
Her Majesty's government have therefore abandoned
both those claims but at the time they placed be-
fore the American government the paramount necessity
of agreeing upon the adoption Of instructions to be
placed In the hands of the officers of both governments,
and indeed the officers of all maritime nations, by
which all powers should be ruled, and their officers
should hencefotward act n less obstructive of
generally, but at the time calculated to
prevent the fraudulent of the gs Of foreign States
at all events such instructions would have the effect
of saving from those quarre5 arising out of the
tion of assumed right. Hauag gpea up hare said
Che right Of oish and Of search the Aneycan government
their part hare receiced communications o equal frank
ness and have stated to her Majesys government they
ready to listen to and to consider any suggestions
may make to them with the view to the verication of
the international flags
We have, my lords, gone further than that for we
have made the suggestions and offer to the govern
ment Of Fratice That government has answered in
the spirit and in Which showed that they
entirely appreciated the great Importance OF the qcs
ton. My lords the government OF France have agreed
to consider any proposition shall make the sub
ject and to suggest upon their part any proposition
which they may consider to be useful or conducive to the
ends we all have in view Under these circumstances
there cannot think be any doubt although all agree
of mi or les cp1n
missed by this right of visit and of search nevertheless
considering the enormous dimensions that commerce
generally has assumed throughout the world at the pres
ent time, seeing do the covered with The ships
of all nations say my lords do not think there
be any doubt of the necessity of establishing sort
of security against the fraudulent of the national
flag Further than this negotiations have not pro-
ceeded Although it is most unusual in the midst of
negotiations to produce any of the correspondence
the subject nevertheless her Majesty government have
objection whatever to place in your lordshps hands
the correspondence that has taken place far it
goes
Your Iordsips win understand that we have gone no
further than this that have abandoned the right of
search and visit and that the American government have
agreed to entertain and to consider any suggestions
may make to give security against the fraudulent of
the flags Of either nation and that the French govern
men ready and anxious to assist us endcyors
to attain the object
The Earl of ABERDEEN said My lords had hoped that
the correspondence which had taken place years ago
sixteen or eighteen years after the conclusion of that
respondence never heard any complaint raised upon the
matter 1t was, therefore, with great surprise that
heard of those transactions the part of cruisers
and of complaints the part of the American govern
ment 1t i'm 1912 ls43 that long correspondence
took place between the American minister of that day
and myself Mr. Webster, the part of the American
government declared and again to the late
Lord Ashburton that the matter had been satisfactorily
settled do not, then, understand if officers have
been acting under the instructions had then been
given what is the meaning of the language of the noble
Earl when he says that the question of the right Of visit
and Of search has been referred to law officers Those
instructions had been drawn up under the inspection Of
DR.. Washington and Sir George Cockburn before they
communicated to the American minister.
heard then, with astonshment that the highly-re-
spectacle minister of America in this country had
nounced to his friends that had given up, frankly and
freely, the right of visit and Of search Why we had
given up that right twenty years ago. We repudated
the assertion of any such right and therefore at
loss to know what the noble Earl could have given up.
will take the liberty of quoting note Of my own, writ
ten at the period to which have referred 1t is as fol-
lows
s'The undersigned all pretcnson on the part
of the British government to visit and TO search Aneri
vessels in time of peace has it been the practice
to visit any such vessels But is the nvarabe prac
ce of the British navy TO ascertain by visit the real ma
tonality of merchant vessels the high seas if they
have good to apprchend their illegal character
Now in ascertaning these facts the vessels referred to
arc visited not American, but British vessels Gu
gagged in unlawful PRACTICES and carrying the American
flag the vessels of other States which have entered
into contracts with Great Britain admitting the right of
search but which such vessels intended to defeat by rails
ing another flag; such vessels piratica outlaws
who possessed no right TO any flag whatever"
iq II, Tho tb,,e. 49,