Year: 1859

Interesting Debate In the Bra,ish r.xr.


IN. S., Son.s ss.ons G Q, hri,'sh states-


In the House Of Lords on the 14h Of February Iurd
WoDsRorsg asked whether the Secretary VI sLs.s ior
Foreign Alabs would lay on the table cope, the cor


esIondfpce between her Majesty and that
Of he United states respecting the right Of search It
would be the recollection OF the House duri tho
last session took place touching the righ' of
search, arising out Of certain proceedings Of British
on the coast Of Cuba At that time which was
towarss the close OF the session, bis noble friend the
Secretary of Slate for Foreign Affairs stated sha tho
right OF search lac been given up, but that
nent and that OF the United States with reference
10 On arrangement for the future he could not
quite understand how the right Of search could be
sbsndoped seeing that such right could only be bei-
geTeDt right specially conferred by treaty neither
o which the in ths instance As there existed


good deal Of irritation at the time, the noble Earl was
not pressed for further information then the
tar rested During the recess correspondence had been
presented to the american Congress by the Pre-ident OF
the United States which had been reprinted English
newspapers. From that correspondence appeared that
the gues,ion still in uncertain and Unsatisfactory
condition, and he could help rsork,ng IL alo oape


@me"hdt sn' ts'ne e1omle Of the cele'ity ch his
oJfeored n4t oniy changed his optniO. ,Si, %
hours tpt that at the end Of time he had prep ad


complete account Of The s~rnai,oo law ,uh,ch hs SordS
70 the American Minister the acknowledge b
her Mdjestys government The noble Earl appeared 70
have ADOPTED the principle set forth by CAss
and as might be expected, General Cats delighted
with the decision OF the government; but, TO the
question Of what was TO be done in order 10 verify
y
not only unwilling TO propose any arrangement but he
thought that in no case should such vercaton be per-
mted Every must admit the right of search by an
armed cruiser was quite different thing the right Of
verifying the title OF merchant vessel carry the flag
of particular nation. The difference important be-
cause If 1t was 10 be laid down that in should


visit be made to merchant vessel her right
to carry particular flag, pirates would be allowed TO
occupy the seas with impunty, ss the hostng Of diff
ferent flag that under which cruiser saed would
insure her inviolaoility. The same would be the
with savers would hoist any flag thai would be-
most convenient for the a had Gn u,ada
those few remarks in order that their ordBhps might
knew how me matter stood and as be thought was
fore them, he begged to ask the Secretary State for
Foreign Affairs whether he would lay table Of the
House copies Of the recent correspondence her
Msesys government and the government Of the United
States respecting the right Of search


The Earl OF MAsBuRYI have not the least objection
to lay this correspondence before your l0rdshps.
afraid however, my noble friend has read that portion
little Of novelty Amusement in the papers which will
be produced here. | think, however, the noble lord
hac waited until the correspondence laid upon the


table before be INDUCED In the remarks he has made "a


expect but few Of your lordshps have that por


erred to the account Of visit which paid TO me
by The American Minister, and has expressed surprise


that within twenty four hours should have held Ian
gusge Of contradictory na,ure but that is easiiy
explained Upon the first day the Minister for the
United States Called upon me, and asked my
reat Dg to the right of Search gaze him hat Is common
ly called an era,s ans,csr larsh) a. ne subject e
ahose opinions recered shortly at ter1cards When got
that opinion bad difficulty the day replying to
the United States Minister when he again as Was
agreed therefore lodships will there was mo-


thing extraordinary in the decision which, apparently
had suddenly arrived. Ny noble friend think
that have given up great British right or priv-
ege OF vital consequence TO this country II understand
International law at ALL which has not changed in our
days, what right have right fifty years
ago. At the latter period rather forty five years ago.
circumstances were different to what they now


We were then at the close OF very long and serious
test by which all nations exhausted and
at the end of which nation but England poesessed
trely disappeared fhe American navy was verV small


having lost many of their ships the tish navy was
ridng uunptanty over the ocean, being ouiy one in


CONDITION to preserve the police the sea- 10 carry


out those points Of maritime policy which the circuu-
Of tie rendered necessary But must bo
recoected that time the feeling in this country


respecting the slave trade extremely strong and in
cKiDg an effective control odious traffic. We
could not then erIed dsonce from oher saons and zoe
treated matters ,auter '1th high hand We tuere masters
q Me sea, and ace claimed that ,ca,ch, although u
ras FIR Tie tagft q all must be aiuiatd % hare
teen more TIA" zoe had right TO- Your ordships
traffic, except where treaties exist providing for its
suppression, and there is no law whaeser that
e'n Jull Of Sdre prorided she IS sailing an in
derendert Gog ufes boue eotv right 10 that effect
ie'th The natsen % uhich hat particular jag belongs As
Peace endured and tons ourshed, those lost


then pavies were enabled To them and those
who had had hone began to them Feelings grew
up among them with respect 10 their similar 10
those which we entertained in regard to owu and
naturally they began 10 dispute claim which they had
never submitted TO with any good grace Such was the
with France She had slave I, ale treaty with us
and she said We are al independent ration navy
of and consider an insult TO be thourht ana
bic 10 fulfil our own engagements, and maintain the
police OF the sea as far flag is concerned
We are able to do IT, and do not desire you medde
with our ships bot to leave them US look after''
Such, too, was the language Of the United Statcs
az their naval and spirit Of Independence increased


am not fond Of expressing opinions upon the my
predecessors IN Office, but cay think tbey held
out too long, considering all the circumstances for the
extreme exercise OF the power claim, and which in
ternatonal law strictly interpreted could not bear us out
in demanding AS my noble friend has stated this prac-
tce OF visiting all shps-the slave having much
creased In consequence Of the Russian war-created o
great amount of Ill blood in the United States and felt
that the time was come when instead of carrying with
high hand as We had done thirty years before, t
was betterthat great country having powerful navy,
and able they chose to acts which justly
deprecate-bat should show our confidence In them
and rely upon their unitrg with put stop 70 the
slave trade. The American government in their Ian
guage, went as far into one extreme as we had
formerly done in the other They at that time
declared that no right Of search whatever should be
allowed But on the 10th Of April, l think it was,
General Cass forwarded note respect TO what
then stated-an opinion by which still prepared 70
abide-that it was written in ar and candid spirit aud
which believed contained just Interpretation OF inter-
national law He did not in that the exer-
else Of the right Of search under ali circumstances What
he did state was that although nation might upon par
tcuar occasors, be justified in resorug to it, yet that
such course should in accordance with tho principles of
international law, be taken at the risk Of the officer by
whom was pursusd adding, that there sufficient
grounds OF suspicion justify proceeding he was of
opinion no government would be disposed to find fault
with its adoption. Now, being Of the spirit by
which the American government animated upon this
surjec what agreed 10 do this That should es-
tabsh, in conjunction with that government for the sake
OF maintaining the Ioce Of the sea, code of instruc-
tons for the commanders of both countries which should
be deriica and which should guarantee any Officer
acting within their scope against being open 10 blame
moreover, of opnon paying regard TO the natural
feelings Of the people Of America upon this question that
IL would not be up~se 10 invite the French government
TO join us in pursuing the same course as that ~hicn
have just mentioned. may add, that il seemed to me
that any code OF Instructions which should be agreed ON
by that government and own should be OF such a
nature as not to give rse TO the suspicion upon the part
Of America that in asserting she was surrenderjng
one particle OF her national honor. II was however al
your ordshps must be perfectly well aware more easy
TO propose such sch, me than put it into execution


considerable tme therefore, has elapsed, during which
the highest AUTHORITIES Of the French navy az well as our
own, have been employed in considering this matter;
but the result am happy to say, has been that the
governments Of both countries have agreed upon codo
OF Instructions which IDENTICAL and that that code
has been submitted to the American Cabinet, with an