The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-21

its naval officers, and the issue of perenpto
orders to stop their offensive proceedings in B
west India seas. On the 18th Of June despatch
were received by our government from the Britt
Cabinet to the effect that orders had been sent
the officers OF the West India squadron TO ced
their attacks upon our vessels and intimating Il
PREPARATION would be made for any damages dol
Slr Houston Stewart, the Admiral of the Brit
squadron IN the West Indies, sent special M
senger from Bermuda to Lord Napier to assure N
that no general orders had been Issued by his
vernment to modest vessels sailing under the All
rican flag, and informing him that he had issu
orders TO his subordinates to stop the obnoxid
proceedings peremptorily.
These conciliatory steps in measure abated
excitement, and the question was looked upon
settled in an amicable manner. Mr.. Cass express
himself as satisfied that the British naval officl
had acted without the sanction Of their gove|
ment, and that the fullest reparation would
made by the Cabinet of st. James for the outral
held the opinions of the country on the question:
the right OF search in times of peace, in the fold
ing communication to Lord Napier:-
1.-The President Of the United States, in his
nual message to Congress, in December, 1s4l
nounced this pretensiOn to detain and examl
American vessels as an Interpolation into the M
time code OF the world to which the United Sta
would not submit The years which have mad
since this authoritative declaration, marked as NJ
have been by repeated circumstances against M
uSSlSsSiOHs, Wlllle tuty nave duueU Q0tllnr 10 |
strength OF the claim, have served but TO conf
the government in their determination b opposl
No change OF name can change the illegal chaaracI
of the assumption. Search or visit, it is equallJ
assault upon the independence of nations.
Webster, in despatch in which he investiga
that subject, correctly observed that what in &,
Britain and the United States is known by the ri
of search is called by continental jurists the RICH
visit, and then added, There is no such distnc
as the British government maintains between
and search And he further remarked that
visitation of vessel, to answer any valuable
pose, must often and necessarily lead, not me |
to the sight of papers, perhaps carried with
TO deceive, and produced on demand, but
search for other papers, and an inspection of
log book, showing the previous course and ev
OF the voyage, to an examination into the langu
and general appearance of the crew, into the G;
aboard and the hfSernal fitment and equipment
the vessel. These matters, it is obvious he CT
nues can only be ascertained by rigorous seard
"And the reasons originally urged by the Br
government for the assertion and prosecution
this pretension furnish by their very nature a +
erful argument against its validity.
ut was contended in its support, that withou
exercise the stpulations of certain anti-saye
treaties Ito which the United States were nd
party could not be enforced, and that the pre-
happy concurrence of the States Of Christendo
trade) not merely justifes, but renders indis
sable, the right now claimed and exercised BY
British government And it was also conte
that without it even the laws of England mig
set at defiance by her own subjects And
considerations were formally presented to thi
vernment by the British government in justifcs
of this attempt to change the maritime law of
world. But they are rejected by the United Sd
who claim involability for their vessels, and
on to that great code whose integrity it is the
rest of the strong as well as the weak to mail
and defend; and they deny the right of any Pa
of narfQ1 continuation IF %
polate into it any new principle, however CT
nient this may be found. And they derive ne
confidence nor consolation from the assam
given to their Minister in London, by an EN-
British statesman at the head of the Foreign O
that their vessels are not entered as their vel
nor is it as American that such vessels are
visited. The immunity of these merchant vd
depends upon the rights of the United State
one of the independent Powers of the world
not upon the purposes or the motives Of the 70
officers by whom it is violated. A merchant
upon the high seas is protected by her national
racter. He who forcibly enters her, does so
his own responsibility. Undoubtedly if a vess
sumo national character to which she is not
tied, and is sailing under false coIors, she cam
protected by this assumption Of nationat
son must be determined by the officer beari
process for his arrest, and determined at the
OF such officer, so must the national identity
vessel be determined at a like hazard to him
doubling the flag she displays, searches her
certain her true character.
"There no doubt may be circumstances
would 60 far to modify the complaints
would have right to make for such violat
its sovereignty. If the boarding officer had
grounds for suspicion, and deported himself
proprlety IN the performance Of his task, dol
injury and peaceably retiring when satisfied
error, no nation would make such an act the
Ject OF serious reclamation. 1t is one thing Il
deed avowedly Illegal and excuse it by the
ing circumstances, and it is another and quite
ferent thing to claim right of action and the
also of determining when and how, and TO
extent, it shall be exercised. And this is no
distinction so far as the interest of this cour
involved, but it is closely connected with an
dear to the American people-the freedom OF
citizens upon the great highway of the world
In the debate in the English.House ofLords
ever, 1t was by no means manifested thu
British government were disposed to abandon
claim to exercise the right of search. Tn
cusslon on the parts of Lords Malmesbury an
rendon, the present and the past Secretaries f
reign Affairs, was equivocal and unsatisfa
They assumed that the recent outrages were
part Of the compact to suppress the African
trade, and were therefore, in measure just
whereas the issue raised by our government
distinctly upon the right Of search by a nor
gerent Power, without any reference ia
slave trade or any other question a.
of that. The allegation that our flag was in
and our vessels were mOlested on the supph
that they were engaged in the slave trade
mere pretext. The orders to the West India a
ron were issued by Lord Palmerston durirg
administration OF afxairs, and were immediate
yoked on the remonstrance of our goyernme
his successor, Lord Derby But It must
means be assumed that because amends sa
tory to our administration were accented f
outrages in the Gulf in 1858, that the Brtis5
vernment had abandoned the right of
finally and absolutely. No such express decla
has been made on the part of that govern
there are no existing treaties guaranteeing
nifty to our flag, and, as far as treaty stipnl
with England can secure u.s. our merchant
is just as much exposed to interruption
ocean now as it was during the period pre,
the war of 1872
TIE LATEST NEWS ON TIE SUBJECT.
1t must be admitted that some concessic
the subject Of the right of search were ma
the British government in the diplomatic
pondence which ensued upon the outrares
referred to, though they have not assumed tbI
OF any binding instrument. Therefore, in
to neutral rights, the United States have asl
to no change, but still stands upon the law
tons, that the flag covers the goods, exceptI
contraband of war--a universal execution.
reference to the right of search, we stand prI
where we have always done; no arranoemoI