The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-02

will not BIO departed from in the policy OF this COUNTRY
unless we are assured Of papabe advantages from
the adoption OF some other scheme oeneve am eol
rect u stating the principle Just announced Is the uen
teal one always acted upon until the accession Oh tne pre-
sent government. (Hear hear) The adoption o. Tue
new code referred TO by the noble earl and 70 wnioh
heartily wish all possible success, will trust DC deter
mined the earliest possible moment Tor Until some
thing is resolved upon respecting sae ns" THsar 70
The Earl OF DsRBY-Tnere seems TO me- in point OF
fact to be only imaginary difference oetween the views
expressed on both sides of the House. Nobody contends
for single moment thu. this cou~try or any other has
rieM to hoard and risit the ships Of aaoher nation.
on the other hand nobody denies that this country or
any other has right upon well founded suspicion,
ascertain the nationality OF vessel carrying partcu
lar flag The question is, however IN what manner IS
be taken in pursuance Of S Now, as long there Is
no definition to the 70 be taken 10 such cases.
you always liable for the errors ndscreton Of the
particular officer engaged and in point OF fact, although
he may have ascertained that there were plausible
grounds for suspectng tho Gag is quite clear he ha.
that suspicion turn out to be ounded Nevertheless II
is admitted that, under such circumstances where there
exists reasonable ground Of suspicion and proceedings
taken accordingly, that Is infraction Of the law for
which country would demand redress But the object
of my noble frendand hope he will succeed in effect
ing it's to distinct understanding between the
French and American governments ana tho government
of this country for the purpose Of avoiding cause OF
difference for the future arising out Of visit paid by the
commander Of cruiser in order ascertain and TO verify
the nationality Of vessel That was the sole object my
noble friend bad in view but ne has neither abandoned
asserted any right to which we were not previously en-
titled
the statement Of his noble friend the Secretary Of State for
Foreign Affairs that negotiations in progress between
the governments Of France and OF this country which
there 10 hope would have the effect OF
tngushng that slave trade which has been partly
pressed on the western coast of Africa BE had heard
with satisfaction from his noble friend opposite that code
had been submitted to the French government which
likely to lead to satisfactory solution Of the difficulties
which had srsen with respect to the right Of inquiry
ha rio M Rh UnOh ha
in all probability the question would be placed on salts
factory footing by agreement between the three Pow
He quite agreed with his noble friend below him,
who formerly the head of the Foreign Department.
that the question with regard to search not Of
sty connected with the slave trade Il was question
which applied to common piracy well as to that which
he ord Brougham) certainly thought bad any pra-
cy-the slave uade He asked their Iordshps what would
be the consequence the principle occasionally contended
for the part OF France and the United States laid
down-that cruiser had right TO stop vessel upon
the high seas ior the purpose OF ascertanng that the flag
hoisted by such vessel which it entitled to
use9 Be must say that he thought the absurdes and H.
constituencies to which extravagant doctrine would
lead had been rather understaed by his noble friend be-
hind him. Surprising vessel-say q common pirate
hosed national flag according to the doctrine commended
for cruiser except cruiser Of the country whose flag
she hosted had right to stop her and institute nqu
ry The consequence would be that such ship would
take care to hoist the flag of country which had
cruiser at all ('hear' and q laugh)-and she would,
therefore, be certain Of escape His noble friend had put
the case OF Monaco and many similar instances might be
mentioned. For example, San Marno with it's 500 in
habtans, although having flag, might have cruiser,
ana consequently the San Marina flag might be used with
absolute and inevitable npuny not only by slave traders,
but TO cover ne'arous transactions The difficulty
undoubtedly to make distraction between visitation,
which included the right OF boarding and searching and
vessel but he did not think such inquiry could be nst
ued without the risk of great Inconvenience and of pos
sbe collision between different Countries for much would
depend upon the temper prudence and sagacty of the
ofhcers-possiby very young men-who were intrusted
with the duty of asceranng that vessels entitled
He believed the only way OF preventing such collisions
would be by adopting code, set of instructions
which might be agreed to by the United States and other
countries must be that by the law ofnatons
which it was now the fashion to Call "nternatonal aw
there was no distinction between country aud another
and the little States Of Monaco and San Marine had Just the
to appeal 10 the law Of nations and demand
scrupuous observance of its provision France, Eng
,aha OF any o,ner rowes Hear near ne haa heard
opposite that he entertained doubt from the aspect
Of affairs on both sides the channel that peace was likely
to be maintained. He Qord Brougham) earnestly hoped,
and devouy prayed that his noble friend might right
in that expectation and that his hopes not too
gune Knowing, as he Qord Brougham) did, the strong
the unanimous and the heartfelt opinion and feeling OF ali
the other side the channel this against any
breach OF the peace and after long and uninterrupted
been better satisfied and have felt the sangune in
his hopes, there were other countries as there
in this constant legitimate and regular expression OF
public opinion and of public feeling derived from the in
estmable privilege Of Parliament.
The subject then dropped.
MINUTE OF CONVERSATION BETWEEN MR. DALLAS AND LORD
MAIstsBURY, JUNE 8, 1858.
Her Maestys government are not prepared to Justify
such acts on the part OF their officers AS have
been complained of by the United States government If
they are truly reported.
Her Majesys government recognise the principles Of
international law laid down By General Cass 10 his note
Of the 10th Of April and that nothing the treaty Of 1912
supersedes that law
Her Msesty's government, however, think it most in
dpodsabe in the interest Of civilization and the police of
the seas, that there should be OF verifying the
nationality Of vessel suspected on good grounds OF car
rying false colors.
Her Majesty IS government would wish to learn from
the United States government their views in detail this
point in the hope that some mutual by way
Of proceedings to be executed by respective officers
may be found effective without being offensive.
The French have lately proposed and laid down this
boat may be sent alongside Of suspected ship and
may ask or papers, bit not, unless :nred board e vessel
Such is our arrangement nth France. MALMESBURY.
Confidential
In any further communication on this subject is
quested that the letter following the date may DO quoted
ADMIRALTY II.
s-The treaties with France FOR the suppression Of the
slave trade having been abrogated am commanded by
my Lords Commissioners of the Admiralty to acQuaiu
you that vessels under the French flag be legally
visited or searched, unless from positive information or
from strong grounds Suspicion there may be reason to
believe that such eg has been fraudulenty assumed in
which case the utmost caution and crcumspection must
be used All officers required to observe that when
ever vessels under the French flag may have been
boarded upon suspicion the will be en-
my have srst ned by detention if il shall appear that
tie vessel ia bona ide entitled to the protection of
the French flag whether engaged in the slave trade
not IL only in in which vessels not legally
tied to the protection Of the French flag may have assumed
1t fraudulently that they be lawfully detained visit
ed SPECIAL report each case IS to be sent direct
to the Secretary of the Admiralty, well to the
mandern chief when vessels under the French flag may
have been boarded suspicion Of fraud The
ton should be shown in visiting vessels suspected of
frauduenty using the flag Of the United States or any
other nation with which Great Britain has treaty u-
der which the right of visit and search could be given to
officers Of her Majesty's ships
The italian Question.
THE LATEST FROM PARIS TO LORD DERBY's ORGAN
Paris (Feb 12) correspondence Of London Herald
II would be absurd 70 consider the fluctuations of pub
lie opinion In Paris any indication OF the real state Of
affairs. To-day the in the ascendant to-
the peace party will probably be masters of the
leld. But the situation appears unchanged. The