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

which she is not ready and desrous to nn0ede 70 Tue
ma,.oi right of Search regulated in such manner
aa 10 prevent the occurrence of any irritating crcum
stances has always appeared to the Undersigned o
the most reasonable the most simple, and most enec.u
al method of attaining the great OBJECT WHICH oo w
yernmeuts have in view.
But this proposal has already been rejected by the u
s. and the undersigned is not instructed again to offer
il for considerations
T, "a FIR the American Government alone to deter,
MN. hst NAV be due 10 Just regard for their national
dignity and national interests, but the undergone
mSst he permitted TO express his conviction, that lens
which have been mutually conceded to eseh o'net W
the Governments of Great Britain ana r'anse I
scarcely be incompatible with the honor anu
ence any State upon the face ofthe earth
The UNDERSIGNED avails himself OF TINS occason "
request of Mr. Stevenson TO accept the pTpnErN
his distinguished consideration
A. STEVENSON, Esq, &C
NJ, Stevenson to Lord aberdeen
% Upper GRosvESoR ST., Oct q, ls4o.
Tho Undersigned, Envoy Extraordinary and Minister
p,an;notentary from the United States of America
has The honor 10 acknowledge the receipt Of the noe'
which Lord Aberdeen, Her Majestys prnc'pai oecre
tarv of State for Foreign Affairs, did hun the ohor 10
address to him. under date OF the io.h ,a,h
aver to the one from the undersigned OF the lo' Oh
Sentember relative to the visitation and interruption
10 which the vessels and commerce OF the chi.eo
States have been subjected by british cruisers IN .I
African seas, and which has been made the supec. VI
considered with the attention which their Importance
merits. the arguments presented by Lord Aberdeen
note the undersigned has now the honor to submit 10
his lordships consideration the observations WHICH "e
feels himself called upon to make.
Before proceeding 10 do so, however, the unaeis'gn
ed will take occasion remark that he shares July III
the opnion expressed by Lord Aberdeen as to the i
noranse Of avoiding, in the discussion oil grave ues
tons Of national character, every thing caIculaeu
embarrass or throw difficulties in the way OF I'm partial
and dspassonate consideration. The Undersigned
therefore with great sincerity, assures Lord aberdeen
Of the readiness and zeal with which he disposed
TO conduct the negotiations between the Two coun-
tries on his part in manner the most concilla-
tory and best calculated to preserve peace, and
that he should equally depore with Lord Aber-
deem that any harshness or asperlty OF expression
should he suffered TO minge IN the discussion OIL
question involving national sensbility OF feeling,
and so table, as his ordshp justly supposes to produce
excitement and irritation. He begs Lord Aberdeen,
therefore, to believe that i. is under 9s R psa bo
for himself and for Her Majesty Government that he
now proceeds reply TO those parts of his ordships
note which he deems it his duty to notice
To enable him TO do this it may be important TO as
certain what is the real question at issue between the
two Governmsns and the precise nature of the power
asserted by Her Maesys Government over the vessels
and commerce Of the United States. II may be thus
briefly stated:
The Government of Great Britain with that Of othe:
nations regarding the African slave trade as great
evil, united in measures for its abolition FOR mat
purpose laws were passed and treaties concluded CIV
ing 10 the vessels of each Of the contracting parties the
mutual right OF search, under certain limitations. In
lependent of these treaties and under the principles
of public law, this right of search could not be eSer-
cised The U. S. invited to become party to
these treaties but for which they deemed sa
tgacory, and growing out OF the peculiar character OF
their institutions and systems of Government, they de-
clined doing They deemed it inexpedient, under
any modification or IN any form, TO yield the right OF
having their vessels searched nterfered WITH IN time
r. tba |, ;,b hn histn nj
negotiations which took place this subject, between
the two Governments Lord Aberdeen is doubtless in
formed In the time, some ofthe Powers VINO were
parties 10 these treaties, and others who refused TO
become so, continued to prosecute their slave traffic.
md 10 enable them to do with more effect, they re-
sorted to the use of the flags Of other nations but more
partc ularly that Of the u S. To prevent this and en-
force her treaties Great Britain deemed II important
that her cruisers in the African should have the
right of OBTAINING and examining all vessels navgat-
ing those SEAS for The purpose OF ascertanng their
tonal character Against this practice the Government
of the u. S. protested and the numerous cases out OF
which the present discussion has arisen became
Of complaint and negotiation between the two Govern
ments. Her Maesty's Government, however, having
refused to make reparaon in any of the cases, and
still asserting the right of her cruisers to continue the
practice of OBTAINING and examining all vessels the
COASTS and in the African seas, 1t becomes important
that the precise character and extent OF the right thus
claimed should be clearly ascertaned In The last note
which the undersigned had the honor OF addressing 10
Lord Aberdeen he attempted to show, in the first place
that the right asserted by her Majesty Government
in Lord Pamerstons note of the 9th OF August,
was substantially right of search; and IN the mex
place. that, if is not, still the right OF IN
The manner asserted with the vessels or flags OF other
nations not parties 10 these treaties was not less un'
lawful and unjustifable
Now, Lord Aberdeen disclaims the right of sea-ch-
ing American vessels upon the high seas and admits
that to do SO would be gross nfracton of the public
law, and violation of national sovereignty and inde-
pendence. But his lordship contends that, requiring
vessels sailing under the flag of the United States to
submit the operation of examination IN the manner
and for the objects proposed by his Government there
would be no violation of Irrational rights honor, and
consequently, nothing TO which the Government OF the
IT, s. ought rightfnlly to object Upon this branch OF
the subject the undersigned does not intend to repeat
the arguments contained in his previous correspond.
ence with Her Maesty's late Principal Secretary Of
State for Foreign Affairs Referring Lord Aberdeen to
thst correspondence he will content himself with sub
mttng such additional observations as his lordshP
last note has rendered necessary
Ia the right them claimed by Her Majesty Govern
nent less an nfraction of the principles OF pubic law
and the rights OF independent States Than tat OF
which is discaimeo?
Now, Lord Aberdeen will remark, that The right as
serted by his predecessor for her MaJestys Govern
,nen is clear and explicit II is thus stated IN Lore
Paine ston's note: aThat Her Majesty s Government
have decided that the Gag of the United States shall
exempt vessel (whether American or nop IRON
search by her Majesty cruisers in The African sens
unless such vessel shall be found provided With papers
emitting her TO the protection of the flag she wears
and proving her to be United States property
and navigating the ocean according to law. :
OF what law, however, whether public or municipal
his iordsbp does not state, but leaves TO be inferred
This doctrine Lord Aberdeen IS understood TO aifirm
Now ia the first place. here IS an actna denial OF Tue
roht Of vessels of the u. S. to navigate The ocean IN
time of peace without being subjected to detention and
examination and without proof OF their being the pro
nerty of citizens of the s. and documented according