The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-04
THE RIGHT OF SEARCH-IMPORTANT DE
BATE IN THE HOUSE OF LORDS

acted upon.
THE RIGHT OF SEARCH-IMPORTANT DE
BATE IN THE HOUSE OF LORDS.
On the l4th of February, Lord Woodhouse asked
if the Secretary for Foreign Affairs would lay on
the table copies of the correspondence with the
United States government relative to the Right of
Search:
In the debate which arose, the Earl of Malmes-
bury said:
If | understand international law at all, which
has not changed in our days, what is right now
must have been right fifty years ago. tthe latter
PERIOD or rather torty-ive years ago circumstances
were very different to what they are now We
were then at the close of a very long and serious
contest, by which ali nations were more or less ex-
hauSted, and at the end of which no nation but
England possessed anything like navy. But it
must be recoected that at that time the feeling in
this country respecting the slave-trade was ex-
tremely strong, and in fact the English navy was
the only one capable of exercising effective con-
troll over that odiOus traffic. We could not then
expect assistance from other nations and we treat
ed matters rather with a high hand. We were
masters OF the sea, and we claimed that which. al
though it was for the benefit of ALL must be admit
ted to have been more than we had right to-
our Lordships are aware that the save-trade is
perfectly legal traffic, except where treaties exist
providing for its suppression, and there is law
whatever that gives us or any else right to
visit ship or seize her. if full of slaves pro-
vided she is sailing under an independent flag un-
less we have treaty right to that effect with the
nation to which that particular flag belongs. As
peace endured and nations aourished, those who
had lost their navies were enabled to reconstruct
them, and those who had had none began to create
them. Feelings grew up among them with respect
to their nayics similar to those which entertain
ed with regard to our own, and naturally they be
gan to dispute claim which thev had never sub
mitted to with good grace.
am not fond OF expressing opinions upon the
acts OF my predecessors in office, but must saw
think all fIa
circumstances, for the extreme exercise of the pow
er we claimed and which international law, strictly
interpreted could not bear out in demanding
AS my noble friend has stated this practice of Wis
ting all ships (the Slave-trade having much in
creased In consequence of the Russian War; crea-
ted great amount of i'll blood in the United States
and tclt that the time was come when, instead of
carrying it with high hand as we had done tbir-
tyone years before, it better-that great coun-
try having powerful navy, and able, if they
chose, to prevent acts which we Justly deprecatc-
that we should show confidence in them, and re-
lv upon their uniting with us to put a stop to the
Slave trade. The American Government, in their
language, went as far into one extreme as we had
formerly done in the other. They at that time de-
clared that no right of search whatever should be
allowed. But on the 10th of April, | think il was
General Cass forwarded me a note with respect TO
what then statcd-an opinion by which am still
prepared to abide-that it was written in a fair
and candid spirit, and which believed contained a
Just Interpretation of international law. He did
not in that note deprecate the exercise of the right
of Search under all circumstances. What he did
state was that although nation might, upon par
~ ~ o"''"'' "I JuT'iheu III reSoi tihS 10 IL, yet
suIn CGuta1 su3ulu; In aecorGance win the
Ot the officer by whom it pursued, adding that
If there sufficient grounds of suspicion to just
t ,pl,Id b 49, oI ~ t ca oP'liion Lo c'oNgIh
t;n Nou, hono o,ora oF H. i;. Ti.n ~. LuUp
+ American Government was animated upon this sub
ject what agreed to do was this. That we should
for the sake of raintsinine tb ni;c nF tI
oodo ~ ;,,ot;oi e. ~ S ~ % , Ple VI 'ne sG", d
countries which sbond he indnnt;cai ond rb;ch bGh
bid ,.rtao AN! Wnlcn
noulu So any "iiCIi "ctlnS "ithh lhelr
''IPe N as a'iisV s "Ciiis oi'en 70 ulhine'
A. .I m,a Inv, rI;, VI oPinon, paying regaru 10
III +; 49, = v, Id III Vi a!nei iea upon
tLo L"ornh ~ Go,-a.rr,o 49, g., 80; ~ ~ -: W. . w " -, nc
~ 80 ~ .Lt III ~ y'ii 10 u Puleuin tie
~ I ~" u, % IL 90 ~ :nI iIH n"'e JUST mentioneu
may "uu 'naI ~ SetlneI " me thaG any code OF
r. 'oiiS @ NJ nouu pe dSreeu on oy that
'oVerhheht anu our own Shouid De OF such a ma
ture as noI 10 give rise 10 the suspicion upon the
part OF America tnat IN asserting to 1t she was sur
rendering one pariclG OF her national honor 1t was
however, as your lofushlps must be perfectly well
aware, more easy TO propose such scheme than to
put IL INTO execution considerable time, there
fore, has elapsed during which the highest author
ties OF the French Navy, as well as of our own,
nave been employed IN considering this matter; but
the result, am happy to say, has been that the
Governments of both countries have agreed upon
code OF instructions which are identical, and that
code has been submitted to the American Cabinet,
with an invitation to them to Join with US in Its
adoption.
And although may appear at first to have
rendered rght-an extreme and exaggerated
rlght-ln favor of which so much has been spoken
as well written-yet thought, as | said before
that the time come when it was better to place
entire confidence in the proper feeling of the Amer
lean people than to prolong an agitation which, in
point of fact, rendered them indispOsed to aid us
in our endeavors to put down the Save-trade
Hear, hear. The best proof, my lords, that
was not mistaken as to the wisdom of that policy
Is to be found IN the spirit which has since been
eVinced by the American Government both in its
language and IN Its acts Hear, hear. From
that Government have received the strongest as
surances that 1t VIII use Its best Efforts to put down
the Slave-trade with American ships. 1t has
gone so lar as to make "ofhcously, but not ''ofl-
cially, suggestion, in the expediency of acting
upon which entirely concur 1t is that the treaty
INTO Whlch we nave entered with the United States
and whch plnds us, with view to the suppression
OF OF lne olaVe-traoe' 10 nave elghty guns on the
steod of our beimr obnad - 50 t,a, IN
steao % OF our pelng oohgeu 10 nave elghty guns IN
Sla' quarter, anu Anerica pelhg enaoied 10 1ulhii
two old SAILING rrigatas of fortv n,,nS Eth om
perfectIv useless in the sunnrsssion of tbn SIare
trada oh sbo,,yd kee,, am n cer,,;, ,,,,nLo. - -
reeseIs-,on steo,, o,,nJnnt. roo,nJ;n, , 80 ;a
-,cLich ,ro,Id constitute uucb mare cet,1 f,.oo
than t,ro sailinq friqates achich hare Iitbcto Lce
en,ployed The Government of the United Statns
has moreover, iutimated that inasmuch as the
increase il is its intention to send I,rrar nurhar
of vessels to that coast for the purpose of
ing the traffic 1Hear, hear Such has been the
spontaneous result upon the part of the American
Government of the action of Her Maiestv,s Minis
tiers towards it upon this subject. What have