The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-17

time since shoa be imported toto the public law Of
onsa declaration TINT the slave trade is piracy This,
however the Americans will not do, and the French will
not do. Thus therefore, 60 on wasting the precious
lives OF our English sailors upon at coast OF AFRICA.
uhce rescued rtgro canno De shoi rs set NJ against
ten dead En9lishne, ,che ns1oen has become
mockery, and our blind useless seal jest.
From the London Post GOrd Palmerstons organ)
Dec 28.
appears be the fate Of England always to be involved
in disagreeabe dispute with the United States Of
America A few months ago Lord Malmesbury acting
upon the opinion of the law officers of the crown unrs
ssrredly surrendered The right @ search IN time Of peaee
The Cabinet at washington was @ 70 ma sna. the
cepted pur simple the doctrine Of international Law
which American statesmen like Mr.. Webster and
and Mr.. lawrence had consistently maintained
But the right TO search having been abolished,
right was intended 70 represssl ourishes between the
coast OF Africa and Cuba and under these
Lord Malmesbury was expected to suggest some means
by which the same object could be obtained without
giving offence TO the national susceptbnties Of the Anne
rcan people, What proposition the noble lord has made
still remains profound diplomatic secret. The Cabnes
at Washington say that they bound by treaty 70
maintain squadron sufficient to enforce the police Of their
own vessels on the coast Of Africa is impossible for hs
simple inquiry for the purpose Of ascertaning the nation
atty Of American vessels which could be agreeable to the
that system OF mutual police should be entrusted to
officers OF the two natonsn other words, that every
down the slave trade should have board commission
ed officer to whom would belong the duty of
vessel which might be suspected Of compicty in srao
which happens to be equally under the ban Of the OF
the two countries On this point Lord Msmesbury must
at early day. be required to furnish full and satsfAo
tory information. But The oueson of the right of search
ALPHABETICALLY left unsettled ~ the NOBLE lorhas recently
brand articles of transatlantic contemporaries may
ere long plunge the two countries into desolatng Il
appears that American vessel the Susan, freghteA
with cargo of nbusters and without legal papers has
managed to start upon pratcal expedition for Central
America, the scene of Walkers former exploits. The
this adventure with the character Of piracy for private
war, land sen, is no more tolerated by the law
Of the United States than Is by the law Of this coun
without clearance the United States cruisers have
very properly received orders to overhaul her or
any other suspected vessels y, however, happens that
the English and French cruisers haze received TIE
orders, in compliance with Which the american
steamer Washington has been examined by British
ressel Of ,car. This circumstance is considered By
transatlantic contemporaries virtual assertion
Of the right Of search in It's most offensive and irritating
right which the proteCtorate Of this country the Mos
quito territory is supposed 70 give. The reason why we
The Americans hold in common with every civilized
ton that pirate may be stopped wherever he is mot by
absy lily q sn the Sa
the meaning Of international lawP This question
must be answered in the affirmative. In the first
place, the fitting out Of such an expedition n
opposed to the United States Neutrality act Of
ISIS; and being Illegal in inception, not to dwell
piracy. to be completed upon land cannot cot6e tho
voyage with that apparently lawful character which
Of the The as enspeeS in
piratca expedition against State with which their coun-
try at peace and therefore the cruisers OF every Power
have perfect right to treat them as pirates. But how 10
the nationality of such vessel TO DO ascertainsds
Orolan says that signals, exchange Of words suffice
suspicion Of piracy, when all further proceedings
must be taken at the risk of the man-ofwar''
the sno washington ao mas been b, stop
coded by the British authorities. But the American
cruisers had also exercised the right with respect V
But said that the President will view any interrupt
ton by the English and French fleets Of the schooner SD
exercise Of force by European Powers for the reguasa
Of affairs in the central portions Of our continent" This
is simply to say that England and France shall not
ser that great principle Of public law which declares
that pirates, as enemies Of the human race, may be
seized everywhere and brought to justice in the
Cass have obviously forgotten the wise and salutary
doctrine which N. de ssrtiges laid down at the time
cSa 8Ss CABINET a. them OSsosd % q
right of search but the of the French Minister
was that the right was only sought to be enforced In
compliance with the French maritime code lagainst
piracy, and this explanation admitted be ample
and sufficient Mr.. Buchanan, whose popularity has de-
scended below zero, may Ytsh emo ks coury MA az
t,cO most powerful States Of Europe and 10 eave damoss
hereas his The right Of search by public law
always exists against pirates and contemplate indeed must
jurisdiction upon the government Of the United States u
punish the misdeeds Of Its pracal citizens We there
the other side of the Atlantic temporary ebullton
which the good sense Of the American people will per-
%
TO secure peace in Central America only be Identical
with that which Mr. Buchanan processes to have in view
formidable nature Of the difficulties connected with the
right Of search which Lord Malmesbury has had the
temerity 10 attempt to adjust.
From the London Post, Dec. 29.l
The right ofsearch and visitation having been completely
dornhh u
the slave trade but piracy may be allowed to flourish
upon the seas II ships Of permitted to ascer
tain the nationality Of the flag which suspected vessel
may carry. For instance il Spanish SLAYER chooses 70
hoist the American flag, how English cruiser By
merely sending its boat alongside ascertain whether the
captain has right to use that agp II is not TO be sup
posed that slave trader pirate would consider the
unlawful assumption Of the flag Of foreign country any.
thing but clever artice when he saw danger at hand
But both Franco and the United States profess TO be as
much opposed to the slave trade England ana az
both maintain squadrons the Of Africa the only
rational hope which, under existing circumstances can be-
entertained is that the cruisers Of those Powers will en-
force that maritime police vessels ostensbly French
or American which is necessary for the repression of
traffic exceeding in its outrage upon humanity the worst
deeds Of the professional pirate is obvious from the
tone of General Casss correspondence that the American
government will sanction the restoration of the
right ofsarch, in the limited shape which Is exer
esed by the cruisers of England France. The PROPOSE
ton Is TO come from Lord Malmesbury but what possible
can there be in negotiating when the American gov
eminent declares that the cars of the MOSQUITO ter
rstoy au mo permit EnY'tsh vessels 20 search american
ers ehom Walker is sending FORTH not 10 deTredte upon
the high seas but to engage in ptrcal icrsons upon he
Territories of country icih whch the United State are az
would be better to leave the question It's pre-
sent unsettled and unsatisfactory state than havey per-
petualy arising of irritation which seriously
endanger those feelings Of friendship which ought ever to
subsst between the two great families of the Anglo Saxon
race
From the london Shipping Gazette, Dec. 2s.l
II cannot be disguised that this affair of the Wash
ngton taken in connection with the position Of the Gen.
tra American question, calculated to create anxiety
amongst the wise and well disposed, both here and in
America. Commander MIntosh, Of the Roanoke in his
report TO the Navy Department states that the British
officers asserted their right 10 visit and search the WASH
ngton by Of the British protectorate San
Juan del Norte established at the request of Nicaragua
and Is further reported that Sir w. Gore
Ouseley board the vaorous at the time the WASH
ngton boarded These invest the whole affair
with different and much more imposing aspect II the
Washington was boarded by British officers merely in
search OF delinquent who had escaped from the Ameri-
authorities, would be impossible 10 dstort the act
into insult TO the American flag But II that vessel
visited and searched TO prevent threatened violation Of
assumed British Proectorae of Nicaragua, the whole
affair takes different complexion, and at tho
dimensions Of preventive measure defence of inter-