The Works of Daniel Webster, Volume 1Webster, Daniel
History
The Works of Daniel Webster, Volume 1
Webster, Daniel
United States -- Politics and government -- 1815-1861
Not inferior in importance and delicacy to the other subjects provided
for by the treaty was that which concerned the measures for the
suppression of "the slave-trade" on the coast of Africa. In order to
understand the difficulties with which Mr. Webster had to contend on
this subject, a brief history of the question must be given. The law of
nations, as understood and expounded by the most respectable authorities
and tribunals, European and American, recognizes the right of search of
neutral vessels in time of war, by the public ships of the belligerents.
It recognizes no right of search in time of peace. It makes no
distinction between a right of visitation and a right of search. To
compel a trading-vessel, against the will of her commander, to come to
and be boarded, for any purpose whatsoever, is an exercise of the right
of search which the law of nations concedes to belligerents for certain
purposes. To do this in time of peace, under whatever name it may be
excused or justified, is to perform an act of mere power, for which the
law of nations affords no warrant. The moral quality of the action, and
the estimate formed of it, will of course depend upon circumstances,
motives, and manner. If an armed ship board a vessel under reasonable
suspicion that she is a pirate, and when there is no other convenient
mode of ascertaining that point, there would be no cause of blame,
although the suspicion turned out to be groundless.
The British government, for the praiseworthy purpose of putting a stop
to the traffic in slaves, has at different times entered into
conventions with several of the states of Europe authorizing a mutual
right of search of the trading-vessels of each contracting party by the
armed cruisers of the other party. These treaties give no right to
search the vessels of nations not parties to them. But if an armed ship
of either party should search a vessel of a third power under a
reasonable suspicion that she belonged to the other contracting party,
and was pursuing the slave-trade in contravention of the treaty, this
act of power, performed by mistake, and with requisite moderation and
circumspection in the manner, would not be just ground of offence. It
would, however, authorize a reasonable expectation of indemnification on
behalf of the private individuals who might suffer by the detention, as
in other cases of injury inflicted on innocent persons by public
functionaries acting with good intentions, but at their peril.
Public-domain text, read in full here on John Shaqi.
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