The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-26
The Right or Search-Has II Been Given III
by England!

The lS1gnt OF St7Icn-1tAS N 0etn Nslven
by England!
When some time since we had occasion to cor
rect the gross hunders of the Washington Union
in regard to the relations of our government to
the iilibustcrs on board the schooner Susan, that
journal, unable to meet the points at issue, went
of on rigmarole excursion and finally brought
up with grandiloquent assertion, in the "hurrah
for jackson" style, that England had given up
the right she had so long claimed, of boarding
and searching vessels on the high seas
The question Of the immunity Of our fac upon
lie ocean is one of too great importance to be
oyerslaughed With few diplomatic phrases. We
have maintained that our question with England
on the right OF search is net settled, and we
maintain il still. Formerly we defended our
position by appealing to the history of British
policy; now we defend it by direct appeal 10
the documents on which the Washington Union
claims that England has conceded to us the right
in this long pending issue. The letter Of june
from Mr.. Dallas. referring to the subject Of =
change in Lord Malmesbury, is remarka.
bic letter. II opens by assuring General
Cass that there is no hope Of coming
to settlement with Lord Malmesbury on this
point. He is then called off to meet the British
Minister and finds that " something within the
last twelve hours had shifted his lordship's mind
quite to an opposite point Of the compass
Now. we haze no faith in the pretended change
Of State policy, that has been maintained By
generations Of statesmen, which is said to have
aI /. ~ IA ukcr faryn pf fya
Men do not abandon theories which have not
only come to them ny inheritance, but which
they have themselves maintained during years Of
public service. SO violently as this would infer,
Conviction Of popular right is plant Of slow
growth. particularly in the mind Of an English
tory
But what are the evidences upon which this
assumed change Is founded, We pass over the
minor points contained in Mr.. Dallas letter ind
Lord MalmesburyS memorandum, and come at
once Il the more formal statement contained in
the Brid-h Minister'S despatch Of the lth Of
June 10 Lord Napier This is the true ground
upon which il i. assumed that England has aban-
doned the right she has 80 long claimed. And
first We wish to state here, that despatch from
British Secretary Of Foreign Affairs to a
British Minister ia Washington, although
copy Of il i given to our Secretary Of
State even IL its terms were all that
could ~ wished. has no binding charac
ter upon the British government in regard 10 an
ackuou cdgmcnt which il has on several occa-
sions refused to cloihc with the sacred rights of
1 formal treaty. Now let ne see what arc the
terms Of ~, concession made hy Lord Malmes-
bury and which Mr. Dallas thought was com.
plcic change ~ his lortlshp's position. lie
hcuins ~ recognizing a sound General Cass'
statement, 81 the principle Of international law.
and Immediately overrides the Law by the decla-
ration that the British government, holds il to hc
Indispensable to civilization and the police Of
the high seas that The right Of search shall BE-
conceded by ". lie then makes an argument
false in is premise. and fallacous in it, doduc
tions to show that il this concession is not made
by rs the American flag will become upon the
ocean the terror Of every "lavfu bat deisncclcss
trader.
And now comes the true point Of this despatch.
The British government. anxious to avoid diff
Guilty with IL. sends orders to her cruisers to
stop the searching II American vessels foe the
present. Int Lord Mame,ury expressly states
that these orders to discontinue .he practice viii
only remain In force "until some arrangement is
The sense ! have pointed out that j.. formal
concession BY ~ Of the right 10 search American
vessels ut sea in time 81 peacc-"shall be- made
with the lnitcd states government or declined
en- their part To make this fact the more
pointed. Lord Malmesbury concludes his note
by stating that her Maiesty's government
regrets that the opportunity. has been lost
10 settle chose ,exatious and irritating coniro-
rcrsics which are inevitable a. long as the
United States refuses to abrogate The present law
OF nations and permit British cruisers to over
haul American ships whenever and wherever
British commander may think proper e. do 50.
We commend TO the Union a careful perusal of
this despatch Of Lord Malmesbury, and suggest
10 il that the next time il wishes to ignore the
true point at Issue in an argument il select some
more logical, or at least plausible ground for
Standardization than the assertion that England
has been forced 10 abandon her claim 10 the
right Of search. Perhaps the ta,on viii recon-
mend the publication Of the two additional
notes. between Lord Malmeslury and himself.
to which Mr.. Dallas refers in The opening para
graph Of his despatch Of June :. We could then
see how far his lordsbip changed his position in
twelve hours Thus far We do not believe that
he changed II at all. Mr.. Dallas and the Washing
ton tnioa to the contrary notwithstanding.
CRrF N THE METRororGs.- The term OF the
Court Of General Sessions which closed on
Friday exhibited a heavy array Of crimes Of a
pricvous character the frequency q which argues
satisfactory, ia this state Of affairs, TO find that
We have a criminal Judge endowed with frmncss
and .li.nrntion nnd animated with q lnnirn 10