The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-01-13

IL NAV be useful to partcul rize one case
The schooner Catharine, an American Nesse',
owned by citizens of the United States, was seinea
on the coast of Africa by the British cruiser eaiiee
The Dolphin and brought into the pot Of New iorA
In The summer Of 1889 Upon being brought into
port Benjamin h. Butler, Esq District Attorney ol
the United States for the nth IN District OF New
York appeared in the District Court oil the Onlteu
states FOR that district and ia the and behalf OF
the u States ibeed the schooner her apparel and iur-
niture for violation OF the several acts oil ohsess
passed for the suppression of the slave trade Inc
schooner being arrested by the usual IN such
eases and possession taken of her from The hands oil
the British captos by officers OF the United states
the cause proceeded, and by decree OF The circuit
/ Court in December 1910, forfeiture was pro-
| nounced. From this decree an appeal was taken
which is now pending ~ The supreme Nouit vi "o
| United States
II is true that in another case that Of the T grs, Of
like general character soon after sing, the then
Secretary of State, ON the 1t a March, lo4l, IN
| formed MIR Fox, the British Minister, that, MONEY!
or strong and Interchangeable may be the deerm'na-
ton of this Government punish any citizens oil lhe
United States who violate the laws against The Airi-
can slave trade, it will not permit the exercise oil any
authority by foreign armed vessels IN the execution
| of those laws"
But il is evident that this general declaration did
not relieve the sub ec from its difficulties. vessels
of the United States found engaged in the African
| slave trade gully Of piracy under the acts OF
Congress. II difficult to say that such vessels can
| claim any interference of the Government IN their
| behalf into whatsoever hands they may happen 10
fall any than vessels which should turn gene
raj pirates. Notorious African slave traders cannot
claim the protection of the American character, in
| asmueh they are acting IN direct violation OF
the laws of their country, and stand denounced by
those laws pirates. In case OF the seizure OF such
vessel by foreign cruiser and Of her being brought
into port of the United States, what is to be done
with her? Shall she be lbeled, prosecuted and
demntd, as il arrested by a cruiser Of the United
Statesi If this is 10 be done It Is clear that the
! agency of a foreign Power has been instrumental in
| executing the laws Of the United States. Or, on
the other hand, is the vessel, with all her offences
fragrant upon her, TO be released account Of the
agency by which she was seized, discharged of all
penalties and left at liberty TO renew her illegal and
ne iarious traffic!
II appeared to that the best il not the only mode
Of avoiding these aud other difficulties, by adopt
ing such provision is contained in the late treaty
with Eng land.
The Senate asks me for the reasons for entering
into the stpulations for the demonstrating embas-
sizes" contained in the late treaty. Surely there is
no stipulation in the treaty for any demonstrating
embassies" any other embassies, nor any refer
allusion to any such thing In this respect,
all that the treaty provides is in the ninth article,
and is in these words: "The parties to this treaty
agree that they will unite in all becoming represen
tations and remonstrances, with any and all Powers
within whose domnons such markets for African
slaves are allowed to exist and that they will urge
upon all such Powers the propriey and duty of
closing such markets efectually at once and for
ever"
II always gives sincere pleasure communicate
to both Houses of Congress any thing in my power
which may aid them in the discharge Of their high
duties, and which the public interest does not re-
qure to be withheld In transmitting the late treaty
to the Senate, every thing caused to accompany
it which it was supposed could enlighten the judg
ment of the Senate upon its various provisions. The
OF he N q hand
ninth articles, were fully expressed and pending |
the discussion in the Senate, every call for further
information was promptly complied with, and no. |
thing kept back which tie Senate desired. Upon |
this information, and upon its knowledge Of the
subject, the Senate made up and pronounced its |
judgment upon its own high responsibility and, as
the result of that Judgment, the treaty ratified,
the journal shows, by vote of thirtynine to nine
The treaty has thus become the law of the land, by
the express advice of the Senate, given in the most
solemn manner known to its proceedings.
The fourth request is, "That the President be re-
quested to communicate to the Senate all the cores
pondence with Ministers abroad relating to the
foregoing points Of inquiry"
II this branch of the resolution were more definite
some parts of it might perhaps be met, without pre-
JUDGE TO the public interest, by extracts from the
correspondence referred 10. At future day a COM
munication may be expected to be made broad |
and general as proper regard to those interests will
admit but al present deem any such communca- |
ton not to be consistent with the public inter- st.
The fifth and last is, "That the President be re-
quested to communicate to the Senate all such infor-
nation upon the negotiation Of the African squadron
articles, will show the origin of such articles and
the history and progress of their formation
These articles were proposed TO the British Minis
ter by the Secretary Of State under my express sane
tion, and were acceded 10 by him. and have since |
been ratified by both Governments. Knight without |
dsrespect, speak Of the novelty Of inquirng by the
Senate into the history and progress Of articles of
through negotiation which ed
and the result of which these articles have become
the law of the land by the constitutional advice of the
Senate itself But repeat that those articles had |
their origin in desire the part of the Government
of the United States to fulfil its obligations entered
into by the treaty of Client TO do its utmost for the
suppression Of the African slave trade, and TO ac- |
compsh this object by such means az should not lead
TO the interruption of the lawful commerce Of the |
United States, any derogaon from the dignity and
immunity of their flag. And have the satisfaction |
10 believe that both the Executive in negotiating the
treaty OF which these articles form part, and the !
Senate in advising TO its ratification have effected an
object important to the Government and satisfactory
to the People
In conclusion, hope may be permitted to observe
that have, out Of profound spect for the Senate
been induced TO make this communication in answer
TO inquiries, some of which at least are believed 10
be without precedent in the history Of the relations
between that body and the Executive Department
These inquiries were particularly xpec ted 10 me
at the present moment As | have been so fortunate
as TO IND my own views of the eNpedcncy Of ratfy-
ing the late treaty with England confr med by vote
of somewhat more than four-fths Of the Senators
present. have hi herto Hattcred myself that the mo-
lives which influenced my conduct had been fully an
precated by those who advised and approved il and
that # necessity should arise for any special
explanation defence regard TO those motives ~
could scarcely be in that assembly itself
JOHN TYLER