The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-06-10
GENERAL cAss's LETTER,
Protest Of General Cass against the demand
ed concurrence Of The French Government
IN The Treaty Of December 20, lS4l.
LEGATION OF THE UNITED STATES,

Paris february Is, 1912
SIR The recent signature of treaty, having Tor
its object the suppression of the African slave trade
by five Of the Powers of Europe, and TO when rance
is party Is fact of such general notorlety ihat IL
may be assumed as the basis of any diplomatic re-
presentations which the subject may ialriy require
The United States, being no party to this treaty,
have no right TO inquire into the circumstances Whch
have led to IT, nor into the measures II proposes 10
adopt except so far they have reason to believe
that their rights may be involved in the course OF It's
execution Their own desire to put stop to this
traffic is every where known, well the early and
continued efforts they have adopted TO prevent their
citizens from prosecuting it. They have been invited
by the Government of Great Britain to become a
party to a treaty which should regulate the action
of the combined Governments upon this subject but
for satisfactory to themselves, and believe
satisfactory to the world, they have declined this
united action, and have chosen to pursue their own
measures and to act upon their own citizens only,
without subjecting these TO any kind OF foreign
jurisdiction.
In communication from Lord Palmerston, her
Britannia Majestys Principal Secretary of State for
Foreign Affairs, to Mr. Stevenson, the American
Minister at London, dated August 81, lS4l, LORD
Palmerston claims right for the British cruisers ana
avows the intention of his Government to exercise H.
10 search American vessels at sea In time OF peace,
with view to ascertain their national character
He adds, that this examination of papers OF mer
chantmen suspected of being engaged IN the slave
trade even though they hoist United States flag, is
proceeding which it is absolutely necessary that Br
fish cruisers employed in the suppression OF the slave
trade should continue to PRACTISE" &c.
In communication from the successor OF Lord
Palmerston Lord Aberdeen, to MIR. Stevenson, dated
18th October, 1S4l, the views and determination an
nounced in the preceding letter are confirmed, and
Lord Aberdeen thus states the ground upon which
rests this pretension to search American vessels
time of peace " But the undersigned must observe
that the present happy concurrence of the States OF
Chrstendom in this great object (the suppression of
the slave trade) not merely Juses, but renders in
dispensable the right now claimed and exercised by
the British Government is to say, the right of
entering and examining American vessels, to
tain their true nationality.
1t is no part of my duty to offer any comments up
on this pretenson, nor upon the advanced
support of it; and if it were, should find the duty
far better performed for me than could perform il
for myself in the annual message Of the President Of
the United States to Congress of the It'll of Decem
Der, lS4l In that document will be found the views
of the American Government upon this subject and
it is there emphatically declared that however de-
srous the United States may be for the suppression Of
the slave trade they cannot consent to interpretations
into the maritime code at the mere will and pleasure
of other Governments. We deny the right of any
such Interpolation to any one, all the nations of
the earth, without our consent. We claim to have a
voice in all amendments alterations of that code
and when are given to understand, as in this m
stance by foreign Cove nment, that its treaties
with other nations cannot be executed without the
maritime police to be applied without our consent,
we must employ language neither of cquvocal inn
port nor susceptible OF misconstruction."
You will perceive, sir, by these extracts that the
British Government has advanced pretension which
it asserts to be Indispensable to the execution of its
treaties for the suppression of the slave trade and
which the President of the United States has declar
ed that the American Government will not submit.
This claim of search it will be Observed arising, as
is asserted out of existing obligations has relation TO
tbai atip for abolition IF trnff
which were in force at the date of the Gommunica-
tons of Lord Palmerston and Lord Aberdeen 1t is
now known that the combined treaty upon this sub
ject is extensive in it, operations and mi
mute in some Of the details of its execution than the
separate treaties with France which preceded it, and
equally indefinite in the duration of its obligations
OF course, measures which were not only justifa-
lie but indispensable" for the execution of the latter
will find equal justice and necessity in the obligations
of the former.
With this previous declaration made by one Of the
parties to this qunupe treaty, concerning its opera
tons, the American Government cannot shut their
eyes TO their true position. The moral effect which
such union of five great Powers, two Of which are
emnently maritime, but three of which have never
perhaps, had vessel engaged in that tathc is calcu
d I Be as o
combined movements though it may be res retted, YET
furnishes no just cause Of complaint. But the sub
ec assumes another aspect, when they tod by
of the parties that their vessels to be forciby
tered and examined into eject tnese
stipuations. Certainly the American Government
does not believe that the high Powers, contracting
parties to this treaty, have any wish to compel the
United States by force TO adapt their to its
provisions, or TO adopt its stipulations They have
loo much confidence in their sense of Justice 10 fear
any such result, and they will see with pleasure the
prompt disavowal made by yourself sir, in the name
of your country the tribune of the Chamber of De
putes, of any intentions of this nature. But weIt
1t otherwise and were it possible they might be de-
aiyaI; inf n Liant vpacfa q that
alter in one title their of action. Their duty
would be the same, and the same would be their de
termination to fulfil it. They would prepare them
selves, with apprehension indeed, but without dsmay
with regret hut with frmness for one of those es
pernte struggles which have sometimes occurred ir
the history # the world, but where Just cause anc
the favor of Providence have given strength to Com
parativey weakness, and enabled it to break dowr
the pride Of power
But have already said tina, the United States d,
not fear that any such united attemp, will be mad,
upon their independence. What, however, they may
reasonably fear, and what they do tear is that in thu
execution Of this treaty measures viii be taken which
they must resist. How far the acts of one of TIL
parties putting its construction upon its own duties
and upon the obligations of its co-contrac.ors ma
involve these in any unlocked for consequences, ethe
by tie adoption of similar measures by their rejec
ton, do not presume TO Judge. Certain it is how
ever that If the fact and the principle advanced b.
Lord Aberdeen correct-that these treaties for tn
abolition of the slave trade cannot be executed with
out forcibly boarding American ships at sea in time
peace and that the obligations created by them cone
not only the right thus to violate the American flag
but make this measure duty-then it is also duty
France to pursue the same S ould she pu
this construction upon her obligations, it is obviou
the United States must do to her they WILL do l.
England if she pers SITS in this attack upon their indie
pendence. Should she not, does not become TO in
yestigae the nature of her position with respect t
of her associates, whose opinion concerning thei
relative duties would be so widely different from thei
own. But may express the hope that the Govern
lnent of IDS Majesty, before ratying this treaty, vii
examine maturey the pretensions asserted by one
the parties and see how these can be rcconcIed nc
only with the honor and interest of the Unite
States but with the received principles of the rrea