The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-01-24
8 p X E c HI
THE TREATY WITH GREAT BRITAIN.
WILLIAM G. RIyEs, OF VIRGINIA,

THE TREATY WITH GREAT BRITAIN.
Delivered in the United States Senate, August II
and 10, 1912
We come now (said Mr. RTEs) to that portion OF
the treaty which relates to the suppression Of the
African slave trade. There is no nation under the
sun which has shown, through her whole history
more anxiety for the extinction Of this odious and
revolving traffic than the United States; and none
have therefore, deeper interest historical and po-
ltical, in the consummation of the great work in
which they led the way. Not to speak of the yari-
Gus and repeated acts of the Legislatures of the
raj States, while they yet colonies of Great
Britain to arrest and put end to this cruel traffic
acts rendered imperative by what my own State (Vir-
ginia) denounced at the time to be an inhuman use
OF the royal negative" and which she specially SET
forth among the wrongs and grievances which i'm,
PEELED her to the establishment Of Independent
Governmcnt-nOt to speak of acts of this sort, with
which our ante-revolutonary history abounds-it is
sufficient TO say that the Government OF the Union,
from the moment of its establishment under the eX-
listing Constitution has steadily devoted itself to the
accomplishment of the same great object. While
the Christian States of Europe still tolerated, and
some OF them even encouraged, tins revolving COM
merce the United States, first among the nations OF
the earth, pronounced its formal condemnation by
law; and following up this condemnation, as occa-
sion required, with new penal sanctions. combined
with active measures of surveillance and repression,
they finally gave to the world the striking example of
a browning act of legislative energy, by which they
affixed the brand of piracy to the slave trade decl;r
ing that any citizen of the United States found en-
gagged in it, whether on board an American or To-
reign vessel, any fore gner on board American
vessel, SO employed, should be adjudgcd pirate
and suffer death as such"
While the United States thus set the example of
their early and energetic legislation for the re-
preston of this crime against humanity, it was felt
that general cooperation of the powers of Chrise-
dom, and especially Of all the maritime powers would
bel necessary 10 insure its final and complete extrpa
ton. In pursuance of this policy, the United States
and Great Britain, in concluding the treaty of peace
at Client entered into the following stipulation with
each other:
Whereas the traff, in slaves is irreconcilable
with the principles of humanity and justice; and
whereas, both his Majesty and the United States are
DESTROYS of continuing their efforts remote its entire
abolition it is hereby agreed that both the contracting
parties shall use their best endearors to accomplish des
rable otieet.'
practical Interpretation of the spirit of this en-
gagement and striking proof Of the cordial sympa-
thy of the representatives of the people in the ene
raj object of it, afterwards afforded in resolu-
tion, passed by the House of Representatives the
10th day of February, 1923, by the nearly unanimous
vote of l3l yeas to nays. Ii was expressed in the
following words:
Resolped That the President of the United States
be requested to enter upon and prosecute from time
to time such negotiations with the maritime powers
OF Europe and America az he may deem expedient,
for the eectual abolition of the African slave trade
and its ultimate denunciation piracy under the law
Of nations, by consent of the civilized world"
Both of these solemn acts the resolution of the
House of Representatives in 1923 as well as the stl-
puation Of the treaty of Ghent-clearly recognised
the propriety and necessity of some system of COM
bned action among the maritime powers of the world,
a. ool. az a. IL
Britain early embraced, and has till now perseverng
ly adhered to the opinion that the mutual concession
Of right of search, to be exercis, d by the armed
cruisers OF each party over the merchant vessels Of
the others, is the only ettecual means of putting
end to this infamous traffic The United States, on
the other hand, unable to forget the serious
they had 20 recently experienced from the abusive
exercise Of the right Of search jealous, above all
things OF The immunity of their flag, and Of the gene
raj freedom OF the seashe common and o4ual inhe-
ritance-n OF att nations-have been unwilling TO COM
promise these great interests, BY entering into
rangement involving vital an innovation upon the
established maritime code especially they believ-
ed other means to be found less efiecual for
the accompl shment of the common object of the
suppression Of the slaverade. Great Britain in the
mean time, succeeded in making treaties with Spain,
Portugal and the Netherlands, for the mutual right
OF search. And other European States having, from
time to time come into the arrangement, the
Cnfed States are now the only considerable maritime
power that has continued TO relue its accession TO
system which they could not but regard oompro-
nising 10 high degree, the general freedom Of the
sess 1t has thus doubtless, happened that the Ame-
rican dag has been, in many instances, fraudulenty
used to cover vessels really belonging to States who
parties to the mutual grant Of the right Of search
from the exercise Of hat right and to prevent this
evasion, the Government Of Great Britain recently
put forth pretenson Of alarming extent, and which
we have resisted, and must resist as wholly I'M
Austainabie upon any just principle of public law; to
vii, that Der users have the right to board and de-
tain yessels sailing under the Amer jean Hag when
they Sha judge proper to do So TO ascertain by
examination of their papers, whether they truly
and bona 6de American or not.
This was the state of things existing at the com
mencenent of the present session of Congress, when
the President laid be fore the correspondence which
had taken PLACES the subject of this pretension
bstwesn our Minister al London and Lord Palmers-
ton and Lord Aberdeen, spcccssvely her Majesty's
Secretaries Of State for Foreign Affairs. The mes
sage of the President, referring to the pretsn-
sion, held the following emphatic and unequivocal
language:
However DESTROYS the United States may be for
the suppression of the slave-trade they cannot
sent 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
all the nations of the earth, without consent
We claim 10 have voice IN ell amendments or alter
ations Of that code; and when given to under
stand, in this instance, by a foreign Government
that its t,saties with other tons cannot be
ted without the establishment and enforcement OF
principles Of maritime police, to be al piled with
out our consent, we must employ language neither
of equivocal import nor susceptible of mIsconstruc
ton. American citizens, prosecuting lawful com
merce in the African seas, under the flag of their
couptry, are not responsible for the abuse unlaw
full use Of that flag by others they rghtiully
on account Of any such alleged abuses, be interrupt
ed, molesteJ, or detained, while on the ocean,
Here, then, is the answer of the American Govern
ment, In the highest and most authoritative 70 n
known TO its Official intercourse to the prctenson ad
yanced on the part Of Great Britain in the discussion
with our late Minister at London. II is an unequivo
cal ncgston of that pretenson, in principle and il
practice and leaves nothing TO be done which could
announce in more emphatic arms o,,r dcteru,,o,l ro