The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-07-22
THE PACIFIC
Commercial Advertiser.
THURSDAY. %

IHtI(SDI u JtLt -
The foreign news by the mail of June 9Th
brought by the Fanny MAJOR, was received on
Sunday evening The most Important topics in
it are. the continued searching OF American mer-
chant vessels by the British navy. the Vigilance
movement in New Orleans, and the progress of
the allied forces in China towards Picking.
In regard to the first topic, the indignation
shown in the American press against the acts of
the British war vessels, is universal. and there is
no question that, unless the British government
disavow and discontinue wholly, It's interference
with American merchant vessels, the united
voice of the latter people would sustain the gov
eminent in any measures that might be resorted
To. As orders had been issued to the American
war vessels 10 resist at any hazards all attempts
at searching by British cruisers, it is probable
that before this an actual collision may have
taken place between the vessels of the two nations.
In the San Francisco Times we find some remarks
on the view which the law Of nations takes of
this subject of searching merchant vessels.
1.-THE RIGHT OF SEARCH UNDER THE Law OF
NaTIoNs--Now that this vexed question is likely
once more to become the subject of negotiation, if not
of hostilities between our government and that of
Great Britain, il may be well, perhaps, to present
our readers with the principles governing this ques-
ton under the Law of Nations. Ac ording to this
code the ships of one power have no right to overhaul
those of another on the high seas during n time of
peace. A nation has no Jurisdiction on the ocean.
except it be over its own subjects. being at the time
in its own vessels. Over these its authority extends
so far that the ships of a nation are in some respects
considered as a portion OF its territory, those on board
being protected and governed by the laws of the
country to which the vessels belong. Every vessel,
says Kent, has a right, in time of peace, to consult
its own safety and convenience, and to pursue its own
course and business without disturbance, so long as
it violates no right of others; while the right of
search, being founded on necessity, is strictly and ex-
clusively a war right, and does not exist in time of
peace. This authority, than which there is none
higher, is sustained by all the leading writer's on in
ternational law, and hence the doctrine laid down
may be considered as established, and of binding
force on all the civilized nations of the world.
"There would seem to be an exception to this rule
in the case of pirates, as no nation would feel called
upon TO resent the act were n piratical craft over
hauled and searched while sailing under their flag.
Now the pretext under which the British cruisers
have lately brought to and searched American vessels
in the Gulf and on the Coast of Cuba, was that they
suspected these vessels were engaged in the slave
trade, and that they merely wished to ascertain
whether such were the case or not. This trade,
though declared to be piracy by most Christian
powers, is not considered to be such by the Law of
Nations, and hence is not subject to the rules appli-
cable to that crime under this law. 1t is piracy only
by virtue of a special compact, and not by the uni
versally recognized principles of the maritime code,
and consequently cannot be suppressed by a resort to
visitation and search. At one time this trade, now
so repugnant 10 our sense OF justice ana humanity,
was regarded as a legitimate traffic, and freely en-
gagged in by all the nations of Christendom.
"While the United States joined nest of the other
Christian nations of Europe in pronouncing the
African slave trade piracy, We believe il is not con-
tended that she ever conceded the right of search as
n means toward furthering its suppression. England
and France mutually conceded this right, in which
they were afterwards joined by Austria, Russia and
Prussia. Subsequently France, by a special treaty
with England, withdrew this concession, and in its
stead agreed TO keep n naval force on the African
coast for the purpose of preventing ships engaging in
the slave trade under her flag. In 1912 we also
stipulated with England to keep a force of not less
than eighty guns on that coast for the(Rme purpose,
in lieu of which she did not insist upon the right of
visitation in that quarter-a right, by the way, we
had never conceded, and a claim she had never,
except in these two instances, given up"
However the matter may end rs between Eng
land and America, the remarkable unanimity and
concert of action on the subject by all sections of
the Union must be a severe rebuke to that party
of secessionists which has recently been so loud
and boastful. In Congress, the Southern menu
bers were far more moderate in their tone than
those from the North-possibIy rejecting that in
the event Of a rupture with England their cotton
trade would snser. And truly, on boil, sides,
and all over the world, the consequence Of such
a f atricidal war would be Of all things the most
to be deplored.
From all that we can gather from our
~exchenges in regard 70 Che dhta1honces in New
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