New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-21
TILE RIGuT OF SEARCH.

From Tie Nafi0E0l InfeiigeHcey Nor. l9
We had occasion some months ago. ar our readers
will find on recurring to TIE National isteihseEcfr
OF MAY r. o. aniuIadyert on certain observations
made about that time by English journals, which 10
dicated AL imperfect knowledge both OF the general
principles OF public law and OF the peculiar attitude
additionally assumed By our Government Ia the
matter of certain rights and duties defined by tbat
code These apimadyersione were directly ELECTED
hy some cOtemporaneOus reflections OF me L0Hd0h
J.nss winch had fallen into q singular misconoer-
iou with regard to the position OF the United states
respecting The right of search, rs cened By us m
former negotiations with tie Brtitb Government
That journal in the immediate prospect Of the civil
war between the National Government and the So
ceded States, lad said
Eush cral,er, on lie coast Of africa or tie ruTpole of
fofwsrd by he UIned state. 60 resist not oIy right Of
search Dot also rirhs Of in the oil vessel neh
Americans ean'.d pnrpe favorable y piracy to become
at q tbc mime law Of the world by that law the
American uust fo be ruled The merchant sbips
which viii uade between Europe and the Coneds rate sAtes
have ony hoi,t Eng.h French dag and h' erci
az steamers The Unti sts-- navy must IN obedience 10
The sw theit 6n Government sts II 6her frot ed
allow them rtss. Their holds may be fall Of ware
being housht up LIVER pool bet the trcoor living AZ
the nisn the Minnesota eanno, Gre sho. 20 bns Of
those ytsses 10 10 UiiLou pe!i o. aWar with France
In combustion Of this strange misapprehension,
viii n VIC then imputed 20 " the extraordinary ig.
norance or still more extraordinary sophi>tfy oil
our London o0temporary, We recalled the iae that
scarcely two years AGO the American doctrine on
this whole subject had been authoriiaiyely cN-
pounded by our Government, and had finally re-
c.iyed the adhesion OK Great Britain. About that
Tine il will be remembered, some British cruisers
lad repeatedly overhauled United States merchant
vessels in TIE Golf OF Mexico, under the color Of.
suppressing the slave trade and by tins yeXat0n 70
our conn cree had raised anew the question re-
npecting the time aud conditions necessary 10 the
Egifmdte exercise OF the night of 80 Irch The doc
trine for which our Government c0ntendCd was SIM
ply this that the right Of search, being IA Is nature
and bjeets a purely belbgerent right could not be
lawfully exercised ~ tine y Pcac, orby other than
a beligeren' power
The right Of a belliperent to detain and search
vessels OF neutrals not the question III debate
il l. enough 10 quote on this point single passage
from the dispatch OF Mr.. Cass TO Mr. Dallas, dGted
February %, 1852:
from fAc boiigreaf 1ip, The orcbe visitation OF vessels
upon the ocean prohibited by the law Of nation. ~ tTe
gnI,d ~ Crest Britain anu Is believed by al other
co mn srciil Towers"
The United States however, although denying the
British claim OF visitation in time Of peace, ana
though denying the right of search for seamen which
England once claimed, have never denied the bel
hgerent right Of search. This says Chief Jus-
tice Marshall, e" is belgeTent right which cannot
be drawn into question" And in the care Of the
Nerede, that great Judge states the ground held by
this country briefly, but IN terms which exactly de-
6re the origin and justification Of the right:
Beerelts have fal and perfect right 10 capture
goods and 10 the exercise Of that right the
light Of search essential means justified by the end
II been truly deDomuatei ri'ht growing out Of aud an
rlIary 10 the greater right Of eapiure.-9 Cnuch, 80
II will t5uP be seen that Capt. Wilkes, IN v1sit-
inc the British steamer Trent and searching for
Nessrs. Mason and Slidcl, exercised belligercnt
right. which, justifable in time of war, would
have been, according to the American doctrine an
oense against the British flag If ventured in time
Of poaee. or by other than party TO our civil war.
It j. from failing properly to discriminate between
ernnent to obtain in tine of war, and denied to
exit in time Of peace that some even OF our own
citizens have been tempted to fear that the pro-
eeeding of Capt. Wilkes was taken ~ contrayep-
ton Of our traditional policy on this subject Sueh
fears happily have no foundation, as the right Of
search. ancary to the belligeent right OF capture,
has been universally conceded by the Government OF
the United States in all it's negotiations under tins
head with foreign nations.