"The right of search, certainly, to attain these ends, but to attain no
more. If nations denounce piracy, for instance, and employ especial agents
to detect and overcome the free-booters, there is reason in according to
these agents all the rights that are requisite to the discharge of the
duties: but, in conceding this much, I do not see that any authority is
acquired beyond that which immediately belongs to the particular service
to be performed. If we give a man permission to enter our house to look
for thieves, it does not follow that, because so admitted, he has a right
to exercise any other function. I do believe that the ship in chase of us,
as a public cruiser, ought to be allowed to board this vessel; but finding
nothing contrary to the laws of nations about her, that she will have no
power to detain or otherwise molest her. Even the right I concede ought to
be exercised in good faith, and without vexatious abuses."
"But, surely, you must think that in carrying off a refugee from justice
we have placed ourselves in the wrong, and cannot object, as a principle,
to the poor man's being taken back again into the country from which he
has escaped, however much we may pity the hardships of the
particular case?"
"I much question if Captain Truck will be disposed to reason so vaguely.
In the first place, he will be apt to say that his ship was regularly
cleared, and that he had authority to sail; that in permitting the officer
to search his vessel, while in British waters, he did all that could be
required of him, the law not compelling him to be either a bailiff or an
informer; that the process issued was to take Davis, and not to detain the
Montauk; that, once out of British waters, American law governs, and the
English functionary became an intruder of whom he had every right to rid
himself, and that the process by which he got his power to act at all
became impotent the instant it was without the jurisdiction under which it
was granted."
"I think you will find the captain of yonder cruiser indisposed to admit
this doctrine."
"That is not impossible; men often preferring abuses to being thwarted in
their wishes. But the captain of yonder cruiser might as well go on board
a foreign vessel of war, and pretend to a right to command her, in virtue
of the commission by which he commands his own ship, as to pretend to find
reason or law in doing what you seem to predict."
"I rejoice to hear that the poor man cannot now be torn from his wife!"
exclaimed Eve.
"You then incline to the doctrine of Mr. Blunt, Miss Effingham?" observed
the other controversialist a little reproachfully. "I fear you make it a
national question."
"Perhaps I have done what all seem to have done, permitted sympathy to get
the better of reason. And yet it would require strong proof to persuade me
that villanous-looking attorney was engaged in a good cause, and that meek
and warm-hearted wife in a bad one!"
Public-domain text, read in full here on John Shaqi.
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