Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-03-10
PRESIDENTS MESSAGE.
TO the House Of Represen!atir.:-

communicate to the House "whntever correspondence
or communication may have been received from the
British Government respecting the Presidents con.
strnction OF the late British Treaty concluded ut
Washington us it concerns an alleged right to visit
American vessels" herewith transmit a report made
TO me by the Secretary Of State have also thought
proper to communicate copies Of Lord Aberdeens let
ter Of the goth December lS4l, TO Mr.. Everett; Mr..
Everets letter of the 23d December in reply thereo
and extracts from several letters of Mr. Everett and
the Secretary of State.
cannot forego the expression Of my regret at tho
apparent purport offs part of Lord Aberdeen dispatch
to Mr.. Fox. had cherished the hope that all posi-
bility Of misunderstanding the true construction
of the eighth article ofthe Treaty lately concluded be-
tween Great Britain and the United States, was pre-
cluded by the plain and well weighed language in
which it is expressed. The desire of both Govern
nents is TO put an end as speedily possible to the
slave trades and that DESIRE need scarcely add is as
strongly and sincerely felt by the United States as
il can be by Great Britan.Yet it must not be for
gotten that the trade though now universally repro.
bated was, up to late period, prosecuted by all who
chose to engage in 1t; and there were unfortunately
but very few Christian powers whose subjects were
not permitted and even encouraged, TO share in the
profits of what was regarded as perfectly legitimate
commerce
1t originated at a period long before the United
States became independent and was carried on with
in our borders opposition to the most earnest
monstrances and exposulations of some OF the colo.
mics III which it was most actively prosecuted. Its
character, thus fixed by common, constant and gem
assent of each and every nation expressed either in
the form of municipal law, conventional arrange
ment. The United States led the way in efforts to
suppress it. They claimed no right to dictate to 9th.
ers, but they resolved without waiting for the coop.
Grafton of other powers to prohibit Il to their cit
zens and TO visit its preparation by them with con-
dign punishment. may safclylaf1irm that it never
occurred to this Government that any new maritime
right accrued TO it from the position it had thus as.
sumed in relation to the slave trade. IT, before our
laws for its suppression, the flag ofevery nation might
traverse the ocean unquestoned by our cruisers this
freedom was not in opinion in the least abridged
by our municipal legislation. Any other doctrine il
is plain, would subject 10 an arbitrary and ever vary
ing system Of maritime police adopted at will by the
geat Naval Power for The time being the trade Of the
world in any places, or in amy articles which such
power might soc fit TO prohibit to its own subjects or
citizens.
A principle of this kind could scarcely be acknowl-
edge, without snbcctng commerce to the rsk OF
slant and harassing vexatons. The attempt to just-
fy such prctension from the right to visit and detan
ships upon reasonable suspicion of piracy, would de-
ssrvedly he exposed TO universal condemnation, since
1t would be an attempt 10 convert an established rule
Of maritime law incorporated as principle into the
international code by the consent of all nations, into
rule and principle adopted by a single nation and
enforced only by its assumed authority. To seize and
delain ship, upon suspicion of piracy, with probable
cause and IN good faith afford no just ground either
for complaint on the part of the nation whose flag she
bears, claim of indemnity on the part of the owner
The universal law sanctions, and the common
good requires, the existence of such rule The right
under circumstances, not only vi>itand deian, but
to search ship is perfect right and involves neth
er responsibility nor indemnity But with this single
exception no nation has, in time of peace any author
ty 10 detan the ships Of another upon the high seas,
on any preext whatever, beyond the limits of terrific
rial Jurisdiction; And such, am happy to find, is
substantially the doctrine of Great Britain herself in
her most recent official declarations and even in those
now communicated to the House. These declara-
tons may well lead us to doubt whether the apparent
difference between the two Governments is not rather
of definition than of principal. Not only is the
right of search, properly so called, disclaimed by
Great Britain, but even tina, Of mere visit and inquiry
is asserted with qualifications inconsistent with the
idea OF perfect right.
In the despatch ofI.ord Aberdeen to Mr.. Everett,
Of the 20th December, l64l as also in that just re-
ceived by the British Minister in this country made to
Mr. Fox his Lordshp declared that it, in spite of all
the precauon which shall be urged to prevent such
occurrences an American, ship, by ofany Wis.,
Of detention by British cruiser "sheuld suffer loss
and injury, it would be followed by prompt and ample
remuneration" And in order to make more manifest
her intentions in this respect Lord Aberdeen, the
despatch of the goth December, makes known to MIR
Everett the nature of the instructions given to the
British cruisers. These such as, if faithfully OBJ
served would enable the Government to approximate
hns in several cases. fulfilled her promises in this par
ticular, by making adequate reparation for damage
done TO commerce. Ii is obvious TO remark that
right which is only 10 be exercised under such re-
strlcons and precautions, and risk, IN case OF or
assgnabe damage, TO be followed by the consequen
ccs of trespass, can scarcely be considered any
thing more than privilege asked for and either con-
ceded withheld on the usual principles Of interna
tionn comfy.
The principles laid down in Lord Aberdeen's dcs
patches and the of indemnity therein helt
ont although the utmost reliance was placed on tn
good faith of the British Government were not regar
ded by the Executive sufficient security agans
| the nbuses which Lord Aberdeen admitted nigh
arise in even the most cautious and moderate exercs
| of their new maritime police. And therefore, in m
message at the opening Of the last session, set fort
the views entertained by the Executive on this subject
and substantially affirmed both our inclination an
ability to enforce laws, protect our flag iron
abuse and acquit ourselves ofal our duties and obi
CATIONS on the high seas. in view OF these assertion
| the Treaty of Washington was negotiated; and upo
| consultation with the British negotlator as TO IN
quantum of force necessary to be employed in orde
to attain these objects, the result to which the mo:
deliberate estimate led embodied in the eighth al
ticle of the Treaty
Such were my views at the time Of negotiating tht
treaty, and such, in my opinion is its plain and fa
interpretation. l regarded the eighth article as n
moving all possible pretext on the ground OF mel
necessity to visit and detain our ship upon the Aft
can coest, because ofany alleged abuse of our flag
slaye-traders of other nations. We had taken upO
ourselves III burden of preventing any such abuse,
STIMULATING TO furnish an armed force-regarded
both the high contracting parties as sufficient TO
complish that object. Denying as we did and do,
color of right to exercise any such general poll
over the flags of Independent nation, we did not d
mand of Great Britain any formal, remuneration Of b
pretension Still less had the least idea OF vel
inc any thing ourselves in that respect. We chose
make practical settlement of the question. Tt
we owed to what we had already done upon this 81
ject. The honor of the country called for 1.-THE no
or OF its flag demanded tina, it should not be used
others to cover ubiquitous traffic.
This Government, ! am very sure, has both the !
| cnatlon and the ability 10 do this; and II need
n will not content itself with fleet of eighty guns
but sooner than any foreign government shall exc
the province of executing its laws. and fulfill
its obligations, the highest Of which is to protect
, flag alike from abuse or insult it would, doubt nc
G put in requision for that purpose it's whole nav
power The purpo'e OF this Government is faithful
TO fulfil the Treaty on It's part and il will not perm
: itself TO doubt tina, Great Britain will comply with
e on hers. In this way peace will be best preserve
e and the most amcable relations maintained betwe
q the two countries.
Il JOHN TYLER
WAsHIsoTos, February q, I6l3.