The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-09
late CONVENTION BETWEEN ENG
LAND AND FRANCE.

i.;,a,ion of their respective vessels. The whole
aries of documents appears in the last London pa
,,rs received by the Acadia.
his remarkable, that it is the 9th article of the
convention which gives rise TO so much discussion
the French and English papers, precisely as 1t
.s the 9Th article of the Ashburton treaty flor our
,nshing squadron of 80 guns to arrest the sla-
ara on the coast of Africa which gave rise to
mueh debate ON The ratification of that treaty in
Ne Senate of the United States.
The 9Th article of the French convention runs in
he following terms:
I,rcLr ylu--whereas experience has shown that the
sc in slaves in those parts of the world where II is habit
mx carried on often accompanied by acts Of piracy
the tranquility Of the seas, and to the safety
ags and eonseng =. e same ne INA, o ,hs , na
,s character Of such vessel this presumption cannot be
opsleed sufficient to forbid in all cases the proceed
the yerifcation hereof-since, otherwise all flags
he exposed to abuse by their serving to cover pra
The saverade any other Illegal traffic; It is agreed
ojer to prevent any difficulty in the execution OF the
sent convention that instructions, founded the law
nations and the constant usage Of maritime powers
III he to the commanding officers of the British
M French suuadrons and stations the coast Of Africa
me two governments have accordingly communicated to
other their respective Instructions which are annexed
10 this convention"
Hinder this article, the British government has
sued the following instructions to its cruisers on
The coast Of Africa:
oYou are not to capture, visit, or in any way interfere
nth vessels of France; and you will give strict instruc
oa 10 the commanding officers of cruisers under your
order, to abstain therefIom At the time, you win
ember that the King of the French is far from claiming
mi The nag Of France should give immunity to those who
have no right bear IT. and that Great Britain Will not al
low vessels of other nations to escape r and examination
by merely hosting French flag the flag OF any other
naOn Nth uheh Great Bfoin has not BY ersting treaty
he risM Of search Accordingly when from intelligence
which the officer commanding her Majestys cruiser may
have received or from the OF the vessel
other sufficient cause he may have reason to believe that
the vessel does not biong the nation indicated by her coiors
Il the state OF the weather will admit OF it, TO go ahead
suspected vessel after communicating his inentonby
hang and to drop boat on board OF TO ascertain her
nationality without causing her detention in the event Of
really proving be vessel OF the nation the colors of
which she has displayed and therefore which he is not
authorized search but should the strength of the wind
ar other circumstance render such mode of visiting the
stranger impraocabe he is to rsqnire The suspected psseto
S,Sht no. IN order that her nationality may Be ascsrtained
and he ,cW b. justffd IN enforcing necessary under
standing always that he is not to resort to any coercive
until every other shall have iaied And the officer
who boards the stranger to be instructed merely in the
frs instance satisfy himself by the vessels papers,
other proof her natonaty and she prove really be
vessel of the nation designated by her colors and
which he authorized search he is to lose time
quitting her offering to note the papers of the vessel
the cause Of his having suspected her nationality as wen
tanned a for the object in question; such notation TO be
signed by the boarding officer specifying his rank and the
name OF her Maesty CRUISER and whether the commander
Of the visited vessel consents to such notation the
sells papers not and is not TO no done without his
en All the said particulars be Immediately inserted
n the log book her Majesty cruisers and full and
complete statement OF the circumstances is to be sent adj
ressed 10 the Secretary OF the Admiralty by the first op
portunity direct England and also similar statement
you senior officer on the station to be forwarded by
you secretary accompanied by any remarks you
NAV have reason to make thereon.
The commanding officers of her Majestys vessels must
bear mind that the duty Of executing the instruction i'm
ediatey preceding must he discharged with great
and circnmspecton For if any injury be occasioned by
examination without sufficient cause by the examination
being improperly conducted must be made
10 the party aggIieved and the officer who may
examination to be made without sufficient cause, who
may conduct improperly will incur the displeasure Of her
Maleslys government.
aof course in cases where the suspicion OF the com
maner to be well founded and the vessel boarded
proves notwithstanding her coors not to belong to the
ion designated by those coors the Of her Ma
esy cruiser will deal with her as he would have been
hozed and required to do had she not hosted false flag
The Instructions issued under the same article, to
the French squadron, specify as follows:
"WHenerer therefore you may hare suspect any
fraud Of This natprs you at liberty ruify the national
ehGa q tls suspected reset your suspicious should
be either French, subject to your observation
in virtue Of treaties actually in foreoand if such vessel be
actually engaged in the slaverade you will not hesitate
detain her nation be entitled 10 claim for its flag
he right Of protecting crime and Of withdrawing criminals Of
ether nations from The punishment whch their due IT,
the contrary your suspicious should be the
suspected belongs de to the nation whose flag
she bears you will not hesitate to release her immediately
giving however notice of the fact to those cruisers who
have the right TO detaiD her
I'm these operations you will lose sight of the
that you acting at risk and PERIL and that IT.
through any act OF yours the suspected vessel should
tain any damages she will he entitled TO ndemnfcaton
In dealing with her, therefore, you cannot act with too
much crcumspection."
1t is not to be denied, that France has, by acce-
ding to this 9Th article and issuing these instructions
under it, fallen back more less into the spirit Of
the quntuple treaty; departed from the doctrine
ably and successfully put forth by Messrs. Steven
son and Cass on behalf of the United States; in
troduced new doctrine into the maritime law Of
nations; recognised the right of England to search
French vessels, under new pretext, in time of
peace and consented to sacrifice the immunites Of
her flag to the pretensions Of the selfyclept "mis-
tress Of the seas.n Mr.. Guizot has made this
concession to the demands of England and thrown his
country into her arms, contrary to our own doctrines
and remonstrances. Why is this' Why is it that
our earliest ally has abandoned cause, to stand
upon the ground Of her great ancient enemy What
has Mr.. Guizot to gain by the cooperation;
What has our distinguished ally, the King Of the
French-whose judgment, unless swerved from its
natural direction by some peculiar interest, is supe-
nor to the boosted sagacty Of any of the crowned
heads Of Europe thrown himself into the arms
of Great Britain Is it that his dynasty is in
danger Is it that Queen Victoria must be wooed
to the support of his succession Or ought not this
wise monarch to see that Mr.. Guizot is counteract-
ing his own wishes, and that the motives by which
bis ministry is actuated will be clearly seen
through, that his hopes will be defeated by the
people themselvesS The ministry have thrown
themselves into the arms of England, and deserted
our nterestsfrs in taking part with her, against u.s.
In the case Of Texas; and, next on the claim Of Wis
lung French vessels. When boldly arraigned by
M. Bllault, in the Chamber of Deputies, on the
llth of June, the minister was compelled to admit,
In some degree, the justice of the accusation:
sregards Texas Says Mr. Guizot) il has been assert
"a That there s coincidence between affairs the
ght oil search do not deny the condolences do deny
ne connexion The question is pending; cannot speak
engthj but affirm that policy Is independent
wh add that IL the opinion Of Texas inc lines the ncor
poretlon Of that country with the United States have
nohng to say in opposition TO it. Texas on the contra
~ refuses annexation, we viii approve her conduct. We
nave concluded treaties with Texas have recognised
s ndependence we desire that should remain indeprnd
eh IS The interest OF France that balance OF power
IN ~ eNst IN Americahat is policy But above
an rs or us 10 let Texas do she pleasesannex n she
HAAAA Elav.Aa f.l -. -.