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.

I was soon on deck, carrying my writing-desk under my arm, Mr. Sennit
preferring to make his examination in the open air, to making it below. He
read the clearance and manifest with great attention. Afterwards he asked
for the shipping articles. I could see that he examine