The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-31

the basis OF any diplomatic representations which the
subject may fairly require
The United States being party TO this treaty, have
no right to inquire into the circumstances which have
led INTO The measures II proposes TO adopt ex-
cept far they have reason TO believe that their rights
may be involved in the course OF It's execution Their
own desire put stop TO this traffic is everywhere
known well the early and continued efforts they
have adopted prevent their cizens from prosecuting
IT. They have been invited by the government OF Great
Britain TO become party to the treaty, which should
regulate the action OF the combined governments upon
the subject But, for satisfactory to themselves,
and believe satisfactory 10 the world, they have de-
cned this united action, and have chosen pursue their
own measures. and TO act upon their citizens only,
without subecng these TO any kind OF foreign urisdc-
ton.
In communication from Lord Palmerston her Britain
Malesys principal Secretary OF State for Foreign Al
fairs to Mr. Stevenson, the American minister at Lon
don dated 27h August, 1871, Lord Palmerson claims
right the British cruisers and avows the intention OF his
government to exercise IT, to search American vessels at
sea- time of peace with view to ascertain their national
character He adds, that 'this examination of papers of
merchantmen suspected Of being engaged in the slave
trade though they hoist United States flag, -
proceeding which it is absolutely necessary that British
cruisers employed the suppression OF the slave trade
should continue to practice" &c, &c
In communication from the successor of Lord Aber-
deem TO Mr. Stevenson, dated October 49, 1871, the
views and determination announced in the first
tmed and Lord Aberdeen thus states the ground upon
which rests this pretenson to search American vessels IN
time of peace ''Bu the undersigned must observe that
the present happy OF the states OF Chsten
dom in this great object (he suppression OF the slave
trade) not merely usfies, but renders indispensable
the right claimed and exercised by the British gov
ernmeht" That is TO say, the right OF entering and
aminng American vessels TO ascertain their nationality
Ii is part ofmy duty to offer any comments upon this
petenson nor upon the advanced IN support OF
It, And If ii were, should find the duty lar better per-
formed for me- than could perform it for myself in the
annual message of the president OF he] United States
to Congress of December 7, 1sil In that document will
be found the views of the American government upon
this subject; and it is there emphatcay declared that
howevcr DESTROYS the United States may be for the sup
nrps the thew cannot consent
terpoa,ons into the maritime code at the mere will and
pleasure OF other governments we deny the night OF
any such Interpolation to any one, or all the nations OF
the earth without our consent. We claim TO have
voice all amendments alterations OF that code; and
when given to understand as IN this instance by
foreign government that its treaties with other nations
cannot be executed without the establishment and
forcement of principles of maritime police, 10 be
applied without consent, we must employ language
neither OF equivOcal import, nor susceptible OF mlscon
struction"
You will perceive sir, by these extracts that the Brit
ish government has advanced pretenson which it
sers to be indispensable to the execution of lis treaties
for the suppression of the slave trade, and to which
the President OF the United States has declared that
The American government will not submit This claim
of search, it will be Observed arising, is asserted,
out OF existing Obligations hassrelaton to the iso-
lated treaties for the abolition OF this traffic, which
were in force at the date OF the communications OF Lord
Palmerson and of Lord Aberdeen. lsnow known, that
the combined treaty upon this subject is more extensive
in its operations, and minute IN OF the details
of its execution than the separate treaties with France
which preceded it, and equally indefinite in the duration
ofts obligations. OF course, easures which were not
only ustliable but indispensable" for the execution of
the latter will find equal justice and necessity In the obi
cations of the former
With this previous declaration made by of the par
ties to this quntupe treaty concerning Its operations the
American government shut their eyes their
position. The moral effect which such union of five
great powers, two of which emineny maritime, but
three of which have perhaps never had vessel engaged
in that traffic, is calculated to produce upon the United
States and upon other nations who, like Them may be
ndsposed to these combined movements. though It may
be regretted, yet furnishes just cause of complaint
But the subject another aspect when they
told by one of the parties that their vessels are be
orcby entered and examined in order to carry into effect
these stpulatons Certainly the American government
does not believe that the high powers contracting parties
this treaty have any wish to compel the United States
by force to adapt their TO its provisions, TO
adopt its stpulalions. They have too much confidence
their of justice to fear any such result and they
will with pleasure the prompt dsavowa made by
yourself sir in the name OF your country at the tribune of
the Chamber OF Deputies OF any intentions of this ma
ture But were 1t otherwise, and II possible they
might be deceived IN this confident expectation, that
would not alter in title their of action. Their
duty would be the same and the same would be their
selves with apprehension, indeed, but without dismay-
with regret but with rmness, for OF those desperate
struggles which have sometimes occurred in the history
of the world, but where just and the favor of
Providence have given strength TO comparative weak
ness and enabled it to break down the pride of power
But have already said the United States do not fear
that any such united attempt will be made upon their in
dependence What, however, they may reasonably fear
and what they do fear is that in the execution of this
~ will be taken which they resist How
far the acts OF one of the parties putting its construction
upon its own dutes and upon the obligations of its
contractors may involve these in any unooked-for con-
sequences, either by the adoption OF similar
by their rejection, do not presume to Judge Certain it
however, that if the fact and the principle advanced by
Lord Aberdeen correct that these treaties for the alb
clifton of the slaverade cannot be executed without
forciby boarding American ships in time OF peace,
and that the obligations created by them confer not only
the right thus to violate the American flag but make this
measure duty then is also the duty OF France to pur-
sue the Should she put this construction
do to her they will do to England, if she persists this
attack upon their independence Should she not, does
not become to investigate the nature OF her position
with respect TO of her associates whose opinion
speeding their relative duties would be widely differ
cnt from her But may express the hope that the
government Of his Majesty, before raying this treaty,
will examine maturey the preensions asserted by
only with the honor and interest of the United States,
bat with the received principles of the great maritime
code OF nations may make this appeal with the more
confidence from the relations subsstng between France
and the United States, from community OF interest IN
the liberty of the seas, from community OF opinion
speeding the principles which guard it, and from com
muny in danger should il ever be menaced by the ambl
ton OF any maritime power
1t appears me, sir that in asking the attention of his
Maestys government TO the subject OF the quinuple
treaty with view its reconsideration, am request
ing nothing the part OF the United States inconsistent
with the duties of France to other powers Ii, during
the of the discussions upon this treaty. preparatory
the arrangement OF its PROVISIONS England had assert
ed to the other pares the preension she asserts to
the United States, as necessary consequence OF lis 90
legations, cannot be wrong in presumng that France
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