The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1861-11-22
The Right of Search.
From the National Intellisancer, Nov

Line hRnL u oeaicu
From the National Intellig cancer, Nov 10.
We had occasion some months ago, as our
readers will find on recurring to the National
Infeihgencer Of May q, to animadvert on GER
tain observations made about that time ny Eng
llshiournas, which indicated an imperfect know
ledge both of the general principles of public
law and of the peculiar attitude tradtlnnaiiy
assumed by our Governmental the matter OF GER
tain rights and duties defined BY that code. These
animadyersions were directly elected by some
sotemp oraneous reflections Of the London Times,
which had fallen iuto singular msconception
with regard to the position Of the United States
respecting the righG Of search, as denied ny us
in former nego iations with the British Gov
eminent That journal 10 the immediate pros
pect of the civil war between the National Gov
eminent and the Seeded States, had said
" English cruisers on the coasts OF Africa Tor
the purpose of suppresslng the slave trade were
paralyz by the claim put forward by tie mi
ted States to resist not only hight OF search
but also a right of visit in the case of a vessel
which chose to hoist the American flag. lhls
resistance OF the Americans caused Irnclple
favorable to piracy to become part OF the mar
thine law of the world. BY that law the Amer
lea marine must now be ruled. The merchant
ships which will trade between Europe and the
Confederate States have only to hoist an Eng
lish or French flag aud the great war steamers
OF the United States navy must in obedience to
the law their own Government has in other cases
enforced allow them to pass. Their holds may be
full of warlike materials, they may be crammed
with the Armstrong guns now being brought up
vt Liverpool but if the tIicolor is flying at the
mizzen the Minnesota cannot fire a shot to bring
| ~ ut lr ut
war with France"
sion, which We then imputed to I" the extraor-
binary ignorance or still more extraordinary
sophistry Of our London cotemporary, we
recalled the fact that scarcely two years ago
The American doctrine on this who e subject
had been authortatively expounded by our Gov
eminent, and had finally received the adhesion
Of Great Britain About that time it will be
remembered that some British cruisers had re-
peatedly overhauled United States merchant
vessels In the Gulf of Mexico, under the color
OF suppressing the slave trade, and by this vex-
alton to our commerce had raised anew the
question respecting the time and conditions
necessary to the legitimate exercise Of the right
of search. The doctrine for which our Govern
ment contended was simply this, that the right
OF search being in its nature and objects q
purely belligerent right, could not he lawfully
exercised in time of peace, or by other than a
bilIigerent power.
The right Of L bellgcrcnt to detain and
search vessels of neutrals was not the question
In debate. 1t is enough to quote on this point
single passage from the dispatch OF MIR. Cass
to Mr. Dallas dated February %, 1889
There is no right CT visit, ercepl as Lord Stow
e ! said, from The belhyre1t claim. The iorclble
visitation of vessels upon the ocean is prohibit
cd by the law OF nations IN tine Of peace, and
this exemption from foreign jurisdiction is now
recognized by Great Britain, and. it is believed
by all other commercial Powers"
The United States, however, although deny
Ing the British claim OF visitation in time rt
peace, and though denyins the right of search
Tor seamen which England once claimed, have
never denied the bellisercnt right Of Search
This, says ChieI Justice Marshal, " is 4 bel
llsercnt right which cannot be drawn into qnes-
tion.' And in the case of the Nereide, that
great Judge states the ground held by this coun-
try briefly, but in terms which exactly define
the origin and justification of the right
Bellgercnts have full and perfect right to
capture enemy goods coEtraband of war 70
the exercise OF that hight the right Of search is
essential. II is means Justified by the end
1t has oeen truly denonnated right growing
out Of and anciIlary to the greater right Of cap
turc. - Cranch, 427.
1t will thus be seen that Capt. Wilkes, ia
visiting the British steamer Trent and searching
for Messrs. Mason and Slldell exercised belli.
gerent right, which, justifable in time of war,
would have been, according to the American
doctrine, an onense against the British flag if
ventured In time OF peace, or by other than a
party to our civil war. 1t is from failing prop
erly to discriminate between the right Of search,
as always admitted by our Government to obtain
IN time of war. and denied to exist in time of
peaas that some even Of our own citizer
been tempted to fear that the ..i. 10 ""'s
Capt. Wilkes was taker t'Vescui'ee Vi
traditional ;i'' polio, on this subject. Such fears
s "pphy l'ave no foundation, as the RICH, of
s" t"y 10 the belligerent right Of cap
TUE, n,, oeeIl universally conceded 10y the Gov
ernmenl of the United States in all its neg otia-
tons under this head with foreign nations