judications in courts of admiralty, what public treaties, recognize
it? No such recognition has presented itself to the government of the
United States; but, on the contrary, it understands that public writers,
courts of law, and solemn treaties have, for two centuries, used the
words "visit" and "search" in the same sense. What Great Britain and the
United States mean by the "right of search," in its broadest sense, is
called by Continental writers and jurists by no other name than the
"right of visit." Visit, therefore, as it has been understood, implies
not only a right to inquire into the national character, but to detain
the vessel, to stop the progress of the voyage, to examine papers, to
decide on their regularity and authenticity, and to make inquisition on
board for enemy's property, and into the business which the vessel is
engaged in. In other words, it describes the entire right of belligerent
visitation and search. Such a right is justly disclaimed by the British
government in time of peace. They, nevertheless, insist on a right which
they denominate a right of visit, and by that word describe the claim
which they assert. It is proper, and due to the importance and delicacy
of the questions involved, to take care that, in discussing them, both
governments understand the terms which may be used in the same sense.
If, indeed, it should be manifest that the difference between the
parties is only verbal, it might be hoped that no harm would be done;
but the government of the United States thinks itself not justly
chargeable with excessive jealousy, or with too great scrupulosity in
the use of words, in insisting on its opinion that there is no such
distinction as the British government maintains between visit and
search; and that there is no right to visit in time of peace, except in
the execution of revenue laws or other municipal regulations, in which
cases the right is usually exercised near the coast, or within the
marine league, or where the vessel is justly suspected of violating the
law of nations by piratical aggression; but, wherever exercised, it is a
right of search.

Nor can the United States government agree that the term "right" is
justly applied to such exercise of power as the British government
thinks it indispensable to maintain in certain cases. The right asserted
is a right to ascertain whether a merchant-vessel is justly entitled to
the protection of the flag which she may happen to have hoi