Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1858-12-18
LEGATION OF THE UNITED srArEs. 4


LEGATION OF THE UNITED SrArEs.
LONDON June 8, 1855.
SfR-I have the honor to tranmit herewith
the copies Of two additional notes which passed
letween Lord Malmesbury and myself respcc-
ting the attacks upon our vessels, and the
earnest desire of the President that they
should be discontinued under peremptory OF
ders.
Lord Malmesbury's last one was received
by me late yesterday, and 1 have no time to
reply to il. / have urged once
twice, thrice; and perhaps you will agree with
me in thinking that his concluding note
comes, at last, TO the enunciatOn of a doc
trine and aspurpose respecting the discOntin-
uance of the right Of search which renders all
further urging superfuous. When he insists
upon referring 1.-THE ancient laws Of nations
and the modern requirements Of higher NOR
ality" to the law officers Of ''the Crown" &C.,
what can be hoped
i had written thus far when was obliged
to hurry of and keep an engagement to meet
Lord Maimesbury at his residence in Whitehall
Gardens at IL o'clock, and am returned. az
tr AN hours interview, with result little ex-
pected when / went.
Sonlahing uitlin the last tlcelye hours had shitted
his Lordship nand quite TO opposite point Of Tie
compass. He talked great deal on the topic
and listened. He was anxious to fix as pre-
ciselv possible what the American gov
ernment wanted on the right of search, aud ]
said, in as gentle tone as could be, distinct
Iy, "Dlscontinuance, nothing more, nothing
less,-that, at all events, was NV present aim.
General Cass had the broad subject between
himself and Lord Napier, and | was not au-
thoriZed to NEEDLE with that" He rccurrt d
to your admirable letter Of 10Th of April
last, lying before him, and read a number of
passages. He expressed his entire assent with
NOur Dositions on international law. on tho
illegality of visit or search, except by con-
ventional agreement, and seemed quite full
OF admiration for its ability. He attributed
the misconduct of the British officers to the
fact that they were very young men. in gun
boats. who had been sent out there in Deem
Der last by Sir Charles Wood.
In fine, we came TO an under
sanding. His lOrdship then requested that
would convey to the American government
the conversation we had thus had. ! declined
doing so, owing to its length and multifarous
character: but would feel obi ged to him If
he would himself make Il minute of the con-
cIusions at which we had arrived. He imme-
diately went to his desk, and rapidly wrote
the minute" of which l suhjOin copy. 1t
4, recognizes the sOundness of our information
al law on the right of search, dscOntinues
the practice as TO American vessels, and in
The interests of humanity. reserves proposal
To negotiate at W Washington, in order, Of test
ing the genuineness of the flag not inconsis-
tent with the freedom of commerce nor dis
rclished by either nation.
am necessarily much hurried in preparing
this despatch. One thing / have omitted.
Lord Malmesbury positively declared that,
after making every inquiry, he could not find
any admiralty orders to have issued, except
the one of which he gave me a printed copy
which | annex. i have the honor to be sir,
your most obedient servant
A's' q. NJ DALLAS.
Hon. Lewis Cas-, Secretary of State.
MINUTE OF CONVERSATION BETWEEN MR. DALLAS
AND LORD MALMEsBURY, JUNE s, 1858.
g. Her majesty's government are not prcpar-
ed to justify or excuse such acts on the part
of their officers as have been complained Of
the United States government, if they are
truly reported,
her Majesty's government recognize the
] rinciples of international law as laid down
ly General Cass in his note of the 10th Of
April. and that nothing in the treaty of 1912
supersedes that law.
Her majesty's government, however, think
II most indispensable, in the interest of civil
lzation and the police of the seas, that there
should be power of verifying the nationali-
~ of a vessel suspected on good grounds of
carrying false colors.
learn from the United States government their
views in detail on this point, in the hope that
some mutual arrangement, 10y way of pro-
ceedings to be executed by our respective
officers, may be found effective without being
offensive.
The French have lately proposed and laid
down this one, viz
Tat boat nay be sent alongside Of a suspected
ship, and may ak for pqpers. but not m,tess
u
trih France.
Lord Malmesbury has given Mr.. Dallas a
copy OF our instructions TO our officers. Pen
ding our negotiations on the above point,
orders will be given to discontinue search of
United States vessels. MALMESBURY.
NConfdential.l
In any further communication on this sub
Jet 1t is requested that the letter following
the date may be quoted
ADMIRALTY. Nj.
Sm-The treaties with France for the sup
preston of the slave trade having been abro-
gated, 1 am commanded by my Lords Com
missioners of the Admiralty to acquaint you
that no vessels under the French flag can be
le gally visited or searched, unless from posi-
tive information or from strong grounds of
su spicion. there may be reason to believe
that such flag has been fraudulently assumed;
in which case the utmost caution and cir
cumspection must be used. All officers are
required to observe that whenever vessels
under the French flag may have been boarded
upon suspicion the master or owners will be
entitled to indemnity for any injury or losses
which they mIy have sustained by detention,
if it shall appear that the vessel is bona Jfde
en- tiled to the protection of the French flag,
whether engaged in the slave trade or not.
1t Is only in cases in which vessels not legally
en- tiled to the protection OF the French flag
m have assumed it frauedulently. that they
can be lawfully detained or visited, aud
epecial report in each case Is TO be sent dir
e, TO the Secretary of the Admiralty, as
w II as to the commander-in-chief, when
v ssels under the French flag may have been
BEARDED on suspicion of 'rand. The same
ca ltion should be shown in visiting vessels
III specte.l of fraudulently using the flag of
tn. United States, or of any other nation
with which Great Britain has not II treaty
nader which the right of visit and search
could be given to officers of her Mdjesty's
ships,
am, sir, your most obedient servant.
THE EARL OF NALNEsBURY TO LORD NAPIER.
FOREIGN OFFICE, June ii, 1858.
Ny LoRD-Your lordship has received
fom me a minute Of the principal points OF
he conversation which took place between
Mr.. Dallas aud myself on Tuesday last (the
9Th inst.) on the conduct of our officers cruis-
ing on the coasts OF Cuba.
Il is to these points that j now revert Mt
greater length, instructing you To bring them
before the United States government, with
tue hope that some defined plan Of action
luay be agreed upon by the two governments
which may prevent for the future the posi-
l,ility of Conduct on the part of any officers
of either navy contrary to International law.
You will frankly assure the United States
GOVERNMENT that her Majesty's government
have received with great regret the accounts
10 which the notes of General Cas- and Mr..
Dallas refer. and for the truth OF which the
.offislayits they have inciosed are put forth as
vouchers; and her Aajesty's gov eminent do
not hesitate to say that they are not prepared
10 defend or justify such acts ON the part OF
,be;r Officers. as has been complained Of If