The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-02-28
PRESIDENTS MESSAGE.


To the House of Representatives.
In compliance with the resolution Of the
House of Representatives of the 22d instant,
requesting me TO communicate TO the House
"whalever correspondence or communication
may have been received from the British Go
vernnent respecting the Presidents construc-
lion Of the late British Treaty concluded at
Washington, as it concerns an alleged right to
visit American vessels" herewith transmit q
report made to me by the Secretary Of State. /
have also thought proper to communicate copies
Of Lord Aberdeen's letter Of the goth December,
1s4i, TO Mr.. Everett; Mr.. Everr.i's letter Of
the Esd December in reply thereto; and
extracts from several letters Of Mr.. Eve
reit 10 the Secretary Of State.
cannot forego the expression Of my regret at
the apparent purport Of q part Of Lord Aber-
deems despatch to Mr.. Fox. had cherished
the hope that all possibility Of misunderstood
ing as to the true construction of the eighth ar
ticle Of the Treaty lately concluded between
Great Britain and the United States, was pre-
cluded by the plain and well weighed language
in which il is expressed. The desire Of both
Governments is to put an end as speedily as
possible to the slave trade, and that desire, l
need scarcely add, is as strongly and as sin
cerely felt by the United States as it can
be by Great Britain. Yet it must not be for
gotten that the trade, though now universally
reprobated, was, up to late period, prosecuted
by all who chose to engage in IL; and there
were unfortunately but very few Christian pow
ers whose subjects were not permitted, and
what was regarded as perfectly legiti-
mate commerce. II originated at a pc
Rod long before the United States had
become independent, and was carried on with
in our borders in opposition to the most earnest
circumstances and expostuations Of some of the
colonies in which il was most actively pros
ecuted. Its character, thus fixed by common
consent anc general practice, could only be
changed by the positive assent of each and ev-
cry nation, expressed either 10 the form of mu-
nicpal law, or conventional arrangement The
United States led the way in efforts to sup
press it. They claimed no right TO dictate to
others, but they resolved. without waiting for
the cooperation Of other powers, to prohibit it
TO their own citizens, and to visit IFS preparation
by them with condign punishment | may
safely affirm that it never occurred to this Gov
eminent that any new maritime right accrued
to il from the position it had thus assumed 10
regard to the slave trade. If, before our laws for
its suppression, the flag of every nation might
traverse the ocean unques,ioned by our cruisers,
this freedom was not, in our opinion, in the
least abridged by our municipal legislation
Any other doctrine, it is plain, would subject
10 an arbitrary and ever varying system
of maritime police, adopted at will by
the great naval Power for the time be-
ing. the trade Of the world in any places, or in
any articles. which such power might see fit
to prohibit TO its own subjects or citizens. A
principle of This kind could scarcely be acknow-
lodged, without subjecting commerce to the
risk Of constant and harassing vexations. The
attempt to justify soch pretension from the right
to visit and delain ships upon reasonable suspi-
cion Of piracy, would deservedly be exposed TO
universal condemnation, since II would be an
attempt to convert an established rule of mari
time law, Incorporated as principle into the
international code by the consent of all nations,
into rule and principle adopted by single ma
ton, and enforced only by its assumed au-
thority. To seize and delain a shin. IN
on suspicion Of piracy, with probable cause and
in good faith, 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 ex-
is,ence Of such a rule. The right, under
such circumstances, not only to visit and
de'ain, bu, to search ship is perfect right
and involves neither responsibility nor in
demnlty. But with this single execution.
no nation has, in time Of peace. anv an
ihorily TO detaip the ships of another nnon
the high seas, on any pretext whatever. be-
yond the limits Of the territorial jurisdiction.
And such, | am happy to find, is .ub.tap-
TALLY the doctrine of Great Britain berelf
n her most recent official declarations, and even
in those now communicated to the House
These declarations may well lead us to doub,
whether the apparent differences between the
two Governments is not rather one of definition
than Of principle. No, only is the right Of
search, properly so called, disclaimed bv
Great Britain, but even that of mere visit
and inquiry is asserted with qualification. in
consistent with the idea of perfect right. In
the despatch of Lord Aberdeen to Mr.. Everert
Of the 10Th December, ls4l. as also in that ius,
received by the British Minister in this country.
made to Mr.. Fox, his Lordshp declare. that
II, in spite Of all the precaution which shall be
pssd to prevent such occurrences, an American