Miles Wallingford: Sequel to "Afloat and Ashore"Cooper, James Fenimore
General
Miles Wallingford: Sequel to "Afloat and Ashore"
Cooper, James Fenimore
Merchant mariners -- Fiction; Sea stories; Seafaring life -- Fiction
That it is the right of a vessel of war to ascertain the character of a
ship at sea, is dependent on her right to arrest a pirate, for instance.
In what manner can this be done, if a pirate can obtain impunity, by
simply hoisting the flag of some other country, which the cruiser is
obliged to respect? All that the latter asks is the power to ascertain if
that flag is not an imposition; and this much every regularly commissioned
public ship should be permitted to do, in the interests of civilization,
and in maintenance of the police of the seas.
The argument on the other side goes the length of saying, that a public
cruiser is in the situation of a sheriff's officer on shore, who is
compelled to arrest his prisoner on his own responsibility. In the first
place, it may be questioned if the dogma of the common law which asserts
the privilege of the citizen to conceal his name, is worthy of a truly
enlightened political freedom. It must not be forgotten that liberty first
took the aspect of franchises, in which men sought protection from the
abuses of power in any manner they could, and often without regarding the
justness of the general principles with which they were connected;
confusion in these principles arising as a consequence. But, admitting the
dogma of the common law to be as inherently wise, as it is confessedly a
practice, there is no parallel in the necessity of the case of an arrest
on shore and of an arrest at sea. In the former instance the officer may
apply to witnesses;--he has the man before him, and compares him with the
description of the criminal; and, should he make an erroneous arrest,
under misleading circumstances, his punishment would be merely nominal--in
many cases, nothing. But the common law, whilst it gives the subject this
protection, does not deny the right of the officer to arrest. It only
punishes the abuse of this power, and that is precisely what nations
ought to do, in a case of the abuse of the right to examine a merchantman.
The vessel of war cannot apply to witnesses, and cannot judge of national
character by mere external appearances, since an American-built ship can
be sailed by Portuguese. The actual necessities of the case are in favour
of the present English claim, as well as that great governing principle,
which says that no great or principal right can exist, in international
law, without carrying with it all the subordinate privileges which are
necessary to its discreet exercise.
Thus much I could not refrain from saying, not that I think John Bull is
very often right in his controversies with ourselves, but because I think,
in this case, he is; and because I believe it far safer, in the long run,
for a nation, or an individual, to have justice on his side, than always
to carry his point.
Public-domain text, read in full here on John Shaqi.
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