Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-16

The suppression OF the slave rade VIII JOIN The ChriS-
ton league, will longer permit the ships and SUBJ
ecs Of the Union 10 be engaged in undertakings which
the law Of the Union Furnishes as piracy
The undersigned avas himself of this occasion TO
renew to Mr. Stevenson the of his distn-
guished consideration. PALMERSTON.
A. STEVENSON, Esq, &c,
Fir. acrensoa 10 Lord .qberdeea.
% UpPER GRosyERNoK STREET,
September TO- l2ll.
The undersigned, Enyoy Extraordinary and Minister
Plcnipotcntiary from the u S. has the honor to
quaint the Earl Of Aberdeen, her Najestys Principal
Secretary Of State for Foreign Ars, that he has had
the honor receive the two Communications addressed
10 him b. Lord Vscount Palmerston, her Majesty
late Principal Secretary of Stale for Foreign Affairs,
under date of the 9Th ult, upon the subectol the I'M
proper and harrassng conduct of British cruisers to-
wards the vessels and flag of the u. 5 IN the African
seas. In communicating the decision Of her Majesty
Government upon the claims submitted TO ITS conside-
ration il would have given The undersigned great salts
fiction to have represented that decision as one cacu-
lated DO Justice the individual claimants, and IN
accordance with The Just rights and interests Of his
county. He had INDUCED confident hope that the
complaints which had been made upon the subject
would have been followed not only by suitable atone
ment and epnraton, hnt BY an immediate abandonment
of the system OF wrong and violence 10 which the YES
sells and commerce Of The IT, S. had been long ex-
posed through the misconduct of British cruisers in the
African seas.
This course he had expected not less from the justice
Of her Majesty Government than the friendly relations
subsls,ng between the two countries.
|, u.s. therefore, with painful surprise and regret that
the undersigned now learns from Lord Paln!crston 5
communications That these proceedings OF her AiaJes-
y cruisers -. only been approved and justified
but that right is asserted by her Majestys CO.
ycrnnent over the vessels and flag OF the u :. nvoiv
inn high questions of national honor and interest, OF
public lay and individual rights
Having heretofore, in his correspondence with Lord
Palmerson, 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 It incumbent
upon him. at this time, 10 open again the general DIS
CUSTOM recaptuate the particular circumstances by
which these cases might Justly claim TO be distinguish
ed Referring Lord Aberdeen 10 the previous cores.
pondence 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 Palmerstons notes IN winch the
power s for the first time, distinctly asserted by her
Maiesys Government over the vessels and flag OF the
IT, S. in time of peace, on the high seas In order 10
ascertain the precise nature and character OF tins new
and extraordinary power it may be proper TO quote
those parts of his lordshps communication IN when II
is asserted They are in the following words:
The undersigned begs leave to state TO Mr. Steven
SON in reply TO the remarks contained in his last note,
Thai her Maiesty's Government do not pretend that
Her Najestys naval officers have any right to search
American merchantmen met with IN time oil peace at
sen hut there is an essential and fundamental diner
ence between searching n vessel and examining her
nnners 10 see whether she is legally provided with
documents emitting her TO the protection Of any
country and especially of the country whose flag she
NAV have hoised at the time. For though by common
p,rIance the word flag is used to express the test
~ nationality and though, according 10 that acccpta-
t;ou Of the word Her Majesty Government admit
,hot British cruisers not entitled in time OF peace,
to search merchant vessels sailing under The A'Ee-
rcan hag yet Her Maestys Government do not mean
thereby 10 say that merchantmen can exempt herseI
from search by merely hosting piece OF bunting WIN
the United States enhlcms and colors upon u; ,at
WHICH Her Maiesty's Government mean IS, that The
rob,s of the United States flag exempt vessel from
search when that easel is provided with papers emu
,ng her to wear that flag, and proving her TO be
ted States property, and navIga'cd acco,nhS ~ iu"
nd again. The cruisers employed by iier Majesty
for the suppression of the slave trade must
ascertain by inspection ofthe papers, the nationality OF
vessels met with by them under circumstances "h,ch
;ustify suspicion that such vessels are engaged III
Slave trade in order that if such vessels are iouhn 10
boIonu 10 country which has conceded to Great BIZ.
tain the mutual right Of search, they may be searched
accordingly: and that, if they be found to belong TO
country which, like the United States, has not conced
ed that mutual right they may be allowed 10 pass on
free and unexamlned, TO consumma.e thelf ihlehueo III
EQUITY. .. -
R;tish cruisers In board and deain all vessels sailing
under the flag of the T. States, whether American or
not for the purpose of nsceraning, by an
If their papers, their national character and decdng
hether ihey are entitled the protection OF tie nag
of the country under which they sail Now, u IS pro-
ner 10 remark that the attempt which his lordshp
10 distinguish between the right of search "a night,
however which lie disclams and that which lie asserts
il wholly fictitious. They are essentially The same iof
all the purposes of the present discussion lnoeeo 'he
rigbt TO board detain, and decide upon the NATIONAL
Character of vessels navigating the ocean in time oil
nence, may Justly be regarded as more odous ana IN
sntng, and giving place to wider and more important
oiuries, than tie right of search, which purely
helperent right, and cannot be enforced IN 'ime OF
neace But If the distinction was admitted 10 De
sound one, yet nothing would be gained in support OF
the right which Lord Pamerston claims Tor Her lna'
esty's Government The inquiry must si'ii arse,
whether power Of risation or detention can DC
ruhtfuy and lawfully exercised by one nation over
he Sims of another in time of peace upon the hish
seas. That it cannot, tue undersigned will now pro-
And, 6rs as 10 the principles of public law and the
usage of nations BY these iii expressly declared una
The vessels of all nations, in time OF peace navigating
the ocean, shall be exempt from every species ano Pu
nose Of interruption and detention, unless engaged u
some traffic contrary TO the Law of nations, or
nrov;ded for by treaty or compact Now although pi
racv is admitted to be offence against the public
and therefore punishable every country aud by ever,
n,t;on. no matter where committed, IT must yet p'
horne in mind that all praces are not offences asaihs