, 1842-01-08
NUMBER lO.1

I%juries to which the trade and commerce of
the United States, throughout the whole Of
the African seas, have already been subject
ed by The vexatious seizures and detentions
of Her Majesty's cruiser, and in most of
them without justification or excuse.
That the right asserted by Her Majesty's
Government may be regarded as important
may not be doubted. Indeed, the under
signed would not act frankly towards Lord
Aberdeen if he were TO pretend that the
consequences of refusing the exercise Of the
right y tie american Government might not
throw very great difficulties in the way of ex-
ecuting the existing treaties for the abolition
of the slave trade; but, as he has taken occa-
sion heretofore to observe, the admission can
neither strengthen the claim of right nor d.
minish the force of the objections to it on
the part of the United States.
There remains only one other part Of Lord
Aberdeen's note which the undersigned
deems it necessary at this time TO notice.
1t is that in which his lordship expresses the
opinion that the right of search which shall
have been conceded by two such Govern
ments as France and Great Britain can
scarcely be considered as incompatible with
the honor and independence of any nation
upon earth. Now, if Lord Aberdeen's. re-
mark was intended to apply to the proposal
which was made by her Majesty's Govern
met to that of the United States for a mutual
right of search, secured and guarded by trea-
ty stipulations, the undersigned has no OBJ
servation to make; but if this opinion of his
lordship was intended to apply to the right
now asserted by Great Britain, and proposed
by her Government to be exercised in the
absence Of all conventional arrangement, then
the undersigned, nut be allowed to express
his decided dissent. That the exercise Of
mutual rights, properly secured, might not
be incompatible with national honor and
sovereignty he readily admits, inasmuch
as the contracting parties would stand
upon the footing of equality and security
This he presumes IN be the case between
France and Great Britain; But such would
not be the case between Great Britain and
the United States.
The undersigned must, therefore, after the
most careful consideration of the arguments
advanced in Lord Aberdeen's not, repeat
the opinion which he has heretofore exprsss-
ed. that if a power such as that which IS now
by her Majestys's Government shalt
be enforced; not only without consent, but
in the face of a direct refusal TO concede II,
it can be regarded in no other light by the
Government of the United States than a VI
of national rights and sovereignty,
and the incontestihle principles of interna-
tional law. That its exercise NAV lead TO
of a painful character, there is
too much reason TO apprehend. In eases OF
conflicting rights between nations, the pre-
else line which neither can pass, but to which
each may advance, is not easily found or
marked; and vet it exists, whatever may be
the difficulty of discerning it. In ordinary
cases of disagreement there is little danger;
each nation NAV and often does yield m
thing 10 the other. Such. however, 1T 10 to
be feared, is not the present case The
nature Of the power asserted, and
the consequences which may be apprehended
from its exercise, make it one OF an impor-
tant and momentous character. Involving
as it does. questions of high anc dangerous
sovereignty, it may Justly be regarded as
endangering the good understanding
of the two countries. Ought Her Majesty's
Government then, under such circumstances,
to insist upon its enforcement? That It will
not. the undersigned cannot permit himself
to doubt. He will therefore continue TO
cherish the hope that. upon a careful review
the whole subject, Her Majesty's Gov
eminent will sea tho importance of adopting
measures for the suppression OF tho
slave trade than those now proposed, and
which will be far better calculated. not only
to accomplish the object desired, but TO pre-
serve the friendly relations of the two coun-
tries upon principles consistent with the In
terest and honor of both.
The undersigned avaiIs himself Of the oc.
casion to renew to Lord Aberdeen assuran-
ces Of his distinguished consideration and
A. STEVENSON.
To the Earl Of ABERDEEN.