sted, such
vessel being in circumstances which render her liable to the suspicion,
first, that she is not entitled to the protection of the flag; and
secondly, that, if not entitled to it, she is, either by the law of
England, as an English vessel, or under the provisions of treaties with
certain European powers, subject to the supervision and search of
British cruisers. And yet Lord Aberdeen says, "that if, in the exercise
of this right, either from involuntary error, or in spite of every
precaution, loss or injury should be sustained, a prompt reparation
would be afforded."

It is not easy to perceive how these consequences can be admitted justly
to flow from the fair exercise of a clear right. If injury be produced
by the exercise of a right, it would seem strange that it should be
repaired, as if it had been the effect of a wrongful act. The general
rule of law certainly is, that, in the proper and prudent exercise of
his own right, no one is answerable for undesigned injuries. It may be
said that the right is a qualified right; that it is a right to do
certain acts of force at the risk of turning out to be wrong-doers, and
of being made answerable for all damages. But such an argument would
prove every trespass to be matter of right, subject only to just
responsibility. If force were allowed to such reasoning in other cases,
it would follow that an individual's right in his own property was
hardly more than a well-founded claim for compensation if he should be
deprived of it. But compensation is that which is rendered for injury,
and is not commutation, or forced equivalent, for acknowledged rights.
It implies, at least in its general interpretation the commission of
some wrongful act.

But, without pressing further these inquiries into the accuracy and
propriety of definitions and the use of words, I proceed to draw your
attention to the thing itself, and to consider what these acts are which
the British government insists its cruisers have a right to perform, and
to what consequences they naturally and necessarily tend. An eminent
member of the House of Commons[1] thus states the British claim, and his
statement is acquiesced in and adopted by the first minister of the
crown:--

"The claim of this country is for the right of our cruisers to ascertain
whether a merchant-vessel is justly entitled to the protection of the
flag which she may happen to have hoisted, such vessel being in
circumstances which rendere