New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-04

"and search orr fellow. citireas indiscrinnstely.
4" becsu.e the murderer of Mr.. Harvey Burdeli or
- tie abductor Of Mrs. Brennan have gOse uapun-
"ishe3." Now, We t6ibk ta,t, npon moments
reflection, even TIE Journal of COmmsrc, must see
that this ia total niss.t:eper! Of the facts, slt
of Tire question at issue. In tie ft;t place the
assumption Of tie flag Of the Unied States 81 8
vessel not entitled to we,r t. not a, TIE Joursal
If Commerce assumes, violation OF tie laws Of
the Uuittd States. There Is no law OF the United
States mskiDg such 81 set crime, acG If there
wss, what eht We should Ike 70 know, taSe the
United States to extend their laws aad jurisdic.
ton over foreign vessels According TO the doc
triIe set Up BY The journal cf Comn,ree, slch
law would be 81 outrage; AID, according TO the
came doctrine which limits the visits OF nation.l
ships exclusively, to vessels Of their OWE nation,
ouch foreign vessels so hoi,tine orr hig would not
be liable to visitation or question on tue part Of
acy American cruiser. Tosive 10 cur cruisers any
such right, the vessel TO be visited must not merely
be sailing under tie American flag, she must be
q real American vessel--at least that is the doc
tire which The Journal Of Commeroe itsef sets up.
II tre false assumption of the flag Of the United
States and Of the Character Of 81 American vessel
is s crime punishable 3! all b. Us, j. is lot so By
virtue Of auy law upon our statute book, Of auy
right of municipal juri,dicton, bot purely aud eH.
cusively on the basis Of that general maritime Pc
lice for the detection and prevention of fraud sad
dece ption agars the existence of which Tee Jour
nal Of Commoee so vehemeDuy argues.
The fslss assumption Of orr flag, especially for
the earning or uLder It of shameful trade, COG
demI ed By tie voice Of tie civilized world, iss
fraud upon US which, in spite OF the maritime law
laid down By The journal cf Commerce common
sense AID the principles cf universal justice give US
a right to suppress. The false assumption Of our
fsg for the purpose Of depriying tire Brit,h OF
rights rot only Of search, but Of Sc zure, which
they enjoy under treaties with Spain aud Port5gL
ard under the general rish! 20 seize vessels dest
tute Of any nationality, is & fraud s,o on them;
and their entire right not ony to vis.. aud to
search, but to seize such vessels is Just as good as
ours, and rssts OF precisely the same basis.
But in the exercise Of tits undisputed right,
whether by US or By the BrItiss the same thing is
liable to happen which constantly hsppers, aud
must happen in sll cases of arrest As 10 csses of
personsl arrest. it will sometimes occur that en- in
roce person suspected Of beings thief in d'gui.e
may be stopped BY officer ard sharply questioned
as to WHO he is, so bona fd. American vessel may
occasionally, OIL the high seas, be called upon to
give proof that she is what she prt.erds TO be.
Now, Mr.. CAss has himself admitted that the
same principle Of common sense which regulates
tie law Of arrest must apply to these cases IL is
yexatious and iuconvenisDt thing for an iunocent
man or au innocent vessel to be stopped aud ques-
tored; but in CAGES where reasonable suspicion
exists, aud where the inquiry is conducted in
courteous manner, and occasions 70 special loss, 1t
is ,n Inconvenience which must be put up with, as
otherwise tie admitted right Of seizure would be
entirely defeated. No Government, SIS Mr. Cas-
expressly states, could think OF msklng such ques-
ticnipgs the ground OF serious reclsmatons
The pending question, therefore, is not the grant
or the refusal to tho British Of right Of "mari-
" time police" which already belongs to them sad
to all rations and that net by any special grant or
convention, but on general AID universal pr;nci-
pies. The orly thing to be settled is some g, ner,
rules, mutually satisfactory 10 US AID the British
reference to which may serve 10 guide the juig-
exercise ills right Of verifcatOn, and IS a guide,
also, for the decision Of particular cases as to
which their judgment or their conduct may be
called in question.