New-York daily tribune., 1843-03-01
PRESIDENTS MESSAGE.


me 10 communicate 10 the House whatever cor
respoudance or communication may have beer re-
ceived from the British Government respecting
The Presidents construction ef the late British
Treat. concluded at Washington, as it concerns an
alleged right 10 visit American vessels, here
with transmit report made 10 me by the oecre-
tary Of Sfete. have also thought proper TO com
nuaicate copies OF Lord Aberdeen's letter CT the
oDfll December, lS4l. TO Mr. Everett Mr.. kger-
e,t's letter of the 23d December, in reply thereto;
and extracts from severa! letters of MIR. Everett
to the Secretary of State.
cannot forsgo the expression Of my regret at
the apparent purport OF part CT Lord Aosrdeen
dispatch to Mr. Fox. | had cherished the hope
that all possibility OF misunderstanding q. to the
true construction of the eighth article OF the Treaty
lately concluded between Great Britain and the
United States, was precuded by the plain and
eweished LANGUAGE in which 1t is expressed
The desire of both Governments is 10 put an end
as speedily as possible to the slave trade; ard
that desire need scarcely add, is as strongly and
as sincerely felt by the United States as it can be
By Grea. Britain. Yet it must not be forgotten
III At tie trade. thong universally reProoated,
was, UP 10 a late period. prosecuted by al VINO
chose to ensa ge il it, and there were unfortunately
but very few Christian powers whose subjects
we're not permitted, and even encouraged, to share
in the profits OF what was regarded as a pefleCtiy
| legitimate commerce.
1t originated at period long before the United
States became independent and was carried on
within our borders in opposition to the most ear
nest renonstraIces and expostuletions OF some OF
the colonies in which it was most actively prose-
cuted It's character, thus fixed by common con-
sent and general practice, could only oe changed
| bv the positive asseat Of each and every nation,
| expressed either in the form OF municipal law, or
conventional arrangement The United States ied
the way in efforts to suppress it. They claimed
no right 10 dictate 10 others, but they resolved,
without waiting for the cooper.t n of other pow
ers, to prohibit I'd their own citizens, and to visit
its psrpetration by them with cond1gn punishment
NAV safely affirm that it never occurred 10 TINS
Government that any new maritime risht accrued
to it from the position it had thus assumed IN re-
gard to the slave trade. If, before our laws Tor
its suppression, the flag of every nation might
traverse the ocean unquestioned by our cruisers,
| h. freedom was not, in opinion, in the least
abrd ged by our municipal legislation Any other
doctrine, it is plain would subject to an arbitrary
and ever varying system of maritime police, adop-
ted al will bv the great Naval Power for the tine
being the trade of the world in any places, or in
any articles, which such power might see TIT to
prohibit to its own subjects or cizsns.
A principle Of this kind could scarcely be acknow-
lodged, without subecting commerce TO the Isk OF
constant and harrassng vexations. Ihe attempt
TO Justify such pretension from the right to visit
and detain ships upon reasonable suspicion of plr-
acy would deservrdy be exposed to universal con-
demnation, since it would be an attempt to convert
| an established rule of maritime law ncorpoT ated
"a principle into the international code by the con-
sent of all nations into rule and principle adopt
ed By single nation and enforced only by its as
sumed authority. To seize and detain ship, upon
suspicion OF piracy, with proba5ecause and in good
feith, affords no just ground either for complaint
on the part of the nation whose flag she bears, or
claim of indemnity on the part OF The owner.
The universal law sanctions. and the common
good requires, the existence OF such rule lhe
right uader such circumstance not oHly TO visit
and dcain, but to search ship, is perfect right,
aad involves neither responsbity nor indemnify.
But with this single exception, no nation has, in
time of peace, any authority to detain the ships OF
another upon the high seas, on any prefext what
ever, beyond the limits of the territorial Jurisdc-
ton. And such, am happy TO find, is substan-
rallv the doctrine of Great Britain herse.f, in her
mos, recent official declarations. and even in those
noyv communicated to .he House. Thee dcclara-
lions NAV well lead us to doubt whether the appa-
rent difference between the two Governments l.
not rather enc of definition than OF principle. Not
only is he right Of search properly % called, dis
claimed by Great Britain, but even that ot mere
visit and ineuiryis asserted with qualifications in.
consistent aith the IDEA of perfect right.
In the despatch of !.orri Aberdeen to Mr. Ever
EFT. of the 2O,h December, l84l, as also in that
lust received by the British Minister in this coun.
try, made to Mr.. Fox, his Lordship declares that
it, in spite of all the precauticn which sha!! be used
to prevent such occurrences an American ship, by
reason of any visit of detention BY British crus
er, should suffer loss and ieiury, would be fol
| lowed b. prompt and ample remrneration. And
in order to make more fnanifast her Intentions in
this respect, Lord Aberdeen, in the despatch OF
the Goth December, makes known TO MIR. Everett
the nature of the instfuctio7s given To The British
cruisers These are such "a, if fiilh.ly observed,
would enable tte British Gogernrncnt 10 nprroxi-
mate ,he standard of a fair indemnify. That Gov
ernme1t has. in several cascs fulfilled her promises
in this pertcglar. BY making adequate repara'ion
for damage dcne tC osr commerce. II is obvious,
to reu.ark that risht whrn sosly TO be exercised
under such restrictions and precautions, ana risk,
in case OF any assgnab!e damage, TO be followed
bv the consequences OF tresPass, can scarcely be
considered any thing more than privilege asked
for, end either conceded withheld on the usual
principles CT international comfy.
The prime pies laid dcwn 10 Lcrd Aberdeen's
dispatches and the assurances of indemnity there
IN neld out, although the utmost reliance was
placed en- The s2.sS faith of the British Govern
lnent we're no; regaSae4 hy the Executive as
sufficient sectrity against tie abuses which Lord
Aberdeen admttsd raght arise in even the most
cautious and moderate exercise of their new mari
time police. And therefore, in my message atthe
opening &c the lest session, | set forth the views
enterta usd by the Executive on this subject, and
substantially affirmed both or inclination and
ability to enforce our own laws, protect our flag