d her liable to the suspicion, first, that
she was not entitled to the protection of the flag; and, secondly, if
not entitled to it, she was, either under the law of nations or the
provisions of treaties, subject to the supervision and control of our
cruisers."

Now the question is, _By what means_ is this ascertainment to be
effected?

As we understand the general and settled rules of public law, in respect
to ships of war sailing under the authority of their government, "to
arrest pirates and other public offenders," there is no reason why they
may not approach any vessels descried at sea for the purpose of
ascertaining their real characters. Such a right of approach seems
indispensable for the fair and discreet exercise of their authority; and
the use of it cannot he justly deemed indicative of any design to insult
or injure those they approach, or to impede them in their lawful
commerce. On the other hand, it is as clear that no ship is, under such
circumstances, bound to lie by or wait the approach of any other ship.
She is at full liberty to pursue her voyage in her own way, and to use
all necessary precautions to avoid any suspected sinister enterprise or
hostile attack. Her right to the free use of the ocean is as perfect as
that of any other ship. An entire equality is presumed to exist. She has
a right to consult her own safety, but at the same time she must take
care not to violate the rights of others. She may use any precautions
dictated by the prudence or fears of her officers, either as to delay,
or the progress or course of her voyage; but she is not at liberty to
inflict injuries upon other innocent parties simply because of
conjectural dangers.

But if the vessel thus approached attempts to avoid the vessel
approaching, or does not comply with her commander's order to send him
her papers for his inspection, nor consent to be visited or detained,
what is next to be done? Is force to be used? And if force be used, may
that force be lawfully repelled? These questions lead at once to the
elemental principle, the essence of the British claim. Suppose the
merchant-vessel be in truth an American vessel engaged in lawful
commerce, and that she does not choose to be detained. Suppose she
resists the visit. What is the consequence? In all cases in which the
belligerent right of visit exists, resistance to the exercise of that
right is regarded as just cause of condemnation, both of vessel and
cargo. Is that