Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-12-15
NATIONAL CORRESPONDENCE.
Mr.. STEVENSON TO LORD ABERDEEN.
y, UrrER GRosVESoR Street,
SrrrEN,rp IN 1871


Mr.. STEVENSON TO LORD ABERDEEN.
y, UrrER GRosvESoR Street,
SEPTEMBER 10, ls4l.
The undersigned, Envoy Extraordinary and Mi
mister Plenipotentnry from the United States, has
the honor to acqunint the Earl OF Aberdeen, Her
Maiesly's Principal Secretary OF State for Foreign
AfIrs that he has had the honor receive the two
commune, tons addressed to him by Lord VIscount
Palmerston, Her MaJesty's late Principal Secretary
Of State for Foreign Affairs, under date of the 9Th
utmo, upon the subject ol the improper and harasS-
ing conduct of the Brsh cruisers towards the vessel
and flag of the United States in the African seas.
In communicating the decision Of Her Majssty's
Government upon the claims submitted to It's con
sideration, It would have given the undersigned
great satisfaction 10 have represented that decision
as one calculated to do justice to the indIvId uil
claimants, and IN accordance with the Just rights
and interests OF his country. He had INDUCED a
confident hope that the complaints which had been
made upon the subject would have been followed
not only by suitable Nlonement and repatriation, but
by immediate abandonment OF the system OF
wrong and violence to which the vessels and com
nerce of the United States had been long exposed,
through the misconduc, OF British cruisers IN the
African
This course he had expected not les. from the
Justice of Her Mhlesty's Government than the
friendly relations subsistng between the two coun
tries.
IL is, therefore with painful surprise and regret
that the under signed now learns from Lord Palmer
Maiosty's cruisers have not only been approved and
justified, and the injuries which ensued TO remain
unredressed, but that right now asserted bv Her
Majesty's Government over the vessels and flag OF
the United States, involving high questions OF ma
tions honor and interest, of public law, and Indiv
dual rights.
Having heretofore, in his correspondence with
Lord Pamersou, discussed the merits Of these claims
and the principles involved IN them, and presented
the views and expectations of his Government upon
the subject the undersigned does not feel il Incum-
bent upon him, ut this time to open again the gene
raj discussion recdpItulate the particular circuH
stances by which ;hese cases might justly claim TO
be distinguished. Referring Lord Aberdeen To the
previous cores poudence which has taken place, the
undersigned will refrain from the further discussion
Of the individual cases, and content himself with
brief examination Of those parts OF Lord Palmer
stons notes in which power IS, for the hrSt time,
distinctly asserted by Her MajeSty's Government
over the vessels and hjg of the United States, in
time Of peace, on the high seas In order TO ascer-
tain the precise nature and character Of this and
extraordinary power, may DO proper 10 quote
those parts Of his lordshp's communication IT, which
il is asserted. They ere in tho following words:
"The undersigned begs leave 10 state that MIR
Stevenson, IN reply TO the remarks contained IN his
last note that Her MacSry's Government 10
pretend that Her Majesty's naval officers have any
right TO search American merchantmen metwIth in
time Of peace sea; but there is essential and
fundamental difference between searching a vessel
and ex amin nc her papers TO whether she L.
saly provided with documents emitting her TO the
protection OF any country, sand especially OF the
country whose > she may have hoisted at the
time. For though, by common parlunce, the word
fac is used TO express the test OF nationality and
thou h. according to That ncceptaiIon OF the word,
Her Maiesty's Government admit that British cruz.
sers are not entitled, IN time OF peace, 10 search
merchant vessels sailing under the American flag,
vet Her MaieEly's Government DO not mean there
by say that merchantmen can exempt herself
from search by merely hosting piece Of bunting
with the United States emblems and colors upon II;
IL =. 80
that the rights Of the United States flag exempt
vessel from search when that vesSe. is provided
with pa pers emitting her that Tag, and pro
wing her to be United States property, and nayi-
eating according to Iaw." And again: "Ihe cruz
Eers employed by Her Mnjcsty's Government for
the suppression OF slave trade ascertain, by
inspection OF the pa pers, the nationality Of vessels
met with by them under circumstances which iuslI-
fly suspicion that such vessels arc engaged m
slave trade IN order that, # such vessels found
TO belong 10 a country which has conceded 10 Grea.
Britain the mutual right Of search, they may be
searched nccordng.yi and that, II they be found TO
belong TO country which, ike the United States
has not conceded that mutual right, they may be
allowed to pass on, free and unexamined, to consum.
mate their intended Inlquity"
Here is direct assertion Of a right, on the part
Of British cruisers, 10 board end dtain all vessels
sailing under lie flag Of the United States whether
American or no., for tho purpose of nscertaining
by examination OF their papers, their national
character, and deciding whether they are entitled
10 the protection Of the hlg Of the country under
which they sail Now, u Is proper 10 remark that
the attempt which his lordship makes 70 distinguish
between the right Of search Ia right, however which
he dlsclaims) and that which he asserts is wholly
fictitious. They are essentially the same, for all
the poses of the present discussion Indeed the
rghtto board, delSin and decide upon the national
character Of vessels navigating the ocean in time of
peace, may justly be regarded mole odIous and
Insulting, and giving place to wider and more i'm
pOTant injuries, than the right of search, which is
n he he pnp
in time OF peace. But If the distinction was admit
ted TO be sound one yet nothing would be gained
IN support Of the right which Lord Pamertton
claims for Her Mncs,y's Government. The in.
curry must still arise, whether power eveR OF ri
Sfi0tion or DETENTION can be rghtlu and lawful.
ly exercised by one nation over the ships Of anO-
Iher, m time OF peace, upon the high seas. Thai
II cannot the undersigned will now proceed briefly
10 show.
And, first, as TO the principles Of public law and
the usage Of nations. BY these il is expressly de-
clared that the vessels Of all nations, Of peace
navigating the ocean, shall be exempt from every
species and purpose Of interruption and detention,
unless engaged IN some traffic contrary 10 the law
of nations, expressly provided for Uy treaty or
compact. Now, although piracy is admitted to be
offence against the public law, and therefore pun.
ishaJe IN every country, and by every nation, no
matter where committed, % must yet he borne IN /
mind that all prACIes not of gnces agai0s' the law
Of nations. Piracy, therefore, by international 'aw
and that which may be made so by the municipal /
q
character. and to be treated accordingly. Hence Il
s that offences declared 10 be piracy by the munrc
pal laws ofany State can only be tried and punish. /
ed by the country within whose jurisdiction, or on
board Of whose ships on the ocean, the offence may
have been committed. Now, slave trade IS not cog
nizbe under the law OF nations. Although pro.
hibited NY most nations and declared to be piracy
by their laws, and especially by the statutes Of
Great Britain and the United Sta es, II Is yet not
an of nee BgaInst the public law, end No Inlcrdc.
ton cannot be enforced by the ordinary right Of vie.
,aton, detention, search, 90 the manner that 10
might be t was piracy by the law Of na,.o0s
That this IS the acknOw edged doctrine Of Interna.
uon1' law cannot, Il Is presumed, be doubted. 10
Is 50 expressly declared by OIL writer's upon the INV
Of nations, and has been ocknow lodged ry the Brit
ish Government, through rs highest Judicial trhu-
mails. Her annals are full Of Instructions on the
subject. The following rs the language held by .
one Of her most disung uIshed IurIsts:
We are disposed 10 60 as Tar in drscountenan.
cling this OJOus traffic tho law Of nations and .
the principles recognised by English tribunals will |
ALLOW Us IN doing; but beyond these principles No I
do not feel Of liberty 20 travel. Formal dec.ara.
tiOns have been made and laws enacted In reproba
ton Of this practice, and plans, ably and zs0 OusIy
conducted, have been token 10 induce other coUn.
tries 70 follow example, but ot present with in.
sufficient effect for there are nations which adj
here TO The practice, under all the encouragement
which their own laws give. What De-, then, the
doctrine OF our own courts, OF the laws Uf uatons3
Why, that this practice to be respected; the slaves
n taken, 10 be restored 70 their owner; and It not
taken under innocent mistake, to Js restored with
costs und damages" Again ct would be, indeed
most eTlravBgant assumption, in any court Of the
L.