The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-27

III -
publicity which holds in contempt the lleeaity as
well as the immortality, Of these expeditions
have no doubt but that your lordship is correct
In tie statement that the American flag has been
frauduently assumed by the vessels of other nations
engaged in This traffic. II is an abuse TO which all
flags are liable, which is inseparabe indeed from the
freedom of the sCas. and in debate in the British
House of Lord, on the 10th March last it was said
by an eminent member OF that body, THAT the
French flag had been made use of ny Spanish
slave dealers to cover their nefarious traffic"
is quite probable that more accurate
mohing might shoc that resseis English bull and
English Otcntd, haze also been employed IN pursuing
His illegal occupati0n And | am justified in this
sugge ston by fact which has just come accident
ally TO my knowl dye: it is the prosecution in Eng
land of an English vessel which had been thus Ell.
gagged Siuce the receipt OF your note, and while look
ing over the London Times of December IL, 1851 |
OBJ eryed the Export of the trial of vessel (the New
port for participation in this traffic. IL was before
The Judicial COMMITTEES of the Prvy Council upon
an appeal from the Vice Admiralty Court # St.
Helena which had condemned the vessel. The ult-
mate issue il not stated but there is doubt of the
guilt OF The parties.
Other similar cases might probably be found by
even cursoIy perusal of the published proceedings
Of The tribunals having Jurisdiction over these sub
iects. Human cupidty is confined to no one nation
and it is too often grariiled without regard to legal
or moral duties certainly without regard to political
or geographical boundaries.
Some time since, in conversation, your lorf'hip
remarked that the force which the United states
were bound by treaty to employ on the coast of
Africa had not always been maintained AT it, fall
complement. | was not aware OF the fact until my
attention was thus directed to il; but on making in
qury IN the proper quarter, found the statement
correct; and also, have already INF rme1 you,
that the British government were in the same pre-
dcameBf-their squadron not having always possess
ed the strength required by the treaty sred you
also that could not ascertain the canse of this de-
fciency, but that the requisite appropriations had
been annually made and that care would be taken
to prevent a similar accident hereafter. Your lord
ship has thought II proper again TO present this sub
jcct in more formal manner, though after the con-
versation which passed between us, and the as,lr-
ances gave. did not suppose you attached sulfi-
cent importance to these accidental omi ss;ons to
render renewal Of the subject necessary, more espe
cally Great Britain required similar forbearance
on The psrt Of the United States. Your ordshp
has teen Unable Ia ascertain the Of This failure
on tie part at your government, but you conjecture
that il may have been owing 70 the demands OF the
Cipean war. and to change in the class of ships
employed. Certainly the instances of accidental
Noncompliance by The United States with the treaty
sipuations, some of which had occurred years since
and had passed without complaint. might tie regard
Cd with equal charity. Both parties have failed
literally To enforce the treaty and the work OF supe
rerogaiion in maintaining during years a
greater force than is required by il, and which is as
sumtd by your lordship IA an equivalent, and may
be 30 assumed by the United States does not rrpe
the charge of a noncompliance during other years
when the force was less than the treaty required.
But repeat the assurance already given, that the
acquisitions of the trraiy will be faithfully observed
by tie United states so long IA it may con-
time in force. But while renewing this assn
rance, The President trusts that such ins,rac-
fiCns rW be issued BY your government To the
British ndrai oficers employed upon this se,rice
,riH prsrsnf oH inter ference UiM american nler
thant r"sseis, and thus prerenf the recurrence Of
those cf complaint ,chich during almost
f,r,pfy leGrs hare been often the subject of Tenon-
STRANGE upon The pant Of this goreraBfn! The
/ fed AT ha "A islrt
ern Coast of Africa which il already important and
il annually increasing IN value The articles ex-
ported from this country are exchanged for palm
oil, IVORY, hides dye woods and other prOduc
lions Of That extensive region. Vessels lawfully en-
gagged in this commerce and approaching the su--
Jeci.d latitrdes become themselves suspected, and
will lie liable Ia vexatious interruptions IL this claim
iorcilly a. board and examine then u once estao-
lish.d. The evil has already been felt and if the
practice IL not discontinued it will 60 on Increasing,
not only in derogaion OF national rights bat 10 the
serious injury perhaps 10 the destruction, Of this
branch of American commerce. The very nature Of
these interruptions almost necessarily leads to
almes. Tie boarding officer il supported ny a com
pc. 1T force While taking the command Of foreign
merchant vessel. He pur-Ilcs his examination at
p,a.ure OBTAINING the vessel il ne think proper, and
sending her in for trial II not satisfied. Ii is not
necessary 10 purs this recapitplation. the cir
cumsiancos attending this naval inquistion are
well known, NJ have been rendered familiar 10 the
rcoIle ~ the United States by grave occurrences ia
heir history. Such rsraiio,is Interruptions " iud
70 far foTards The anaihdd,iOH Of the grooming com
nOce ttfu,,n the United States aud ffrica lear
ing u 10 b. pursued By the more fortunate ad-
r'niuros Of other Nations not exposed 10
similar obsbutto ns And the interruption
may be accompanied by circumstances little com
Jatbe with the continuance of those friendly feel
ings viii, now happily unite respective coun.
tries. An occurrence oi this nature has Just taken
place. II the report from Savannah now going the
round Of the papers u correct, that an American
vessel (the y II Borden) engaged in a lawful trade,
HF.1 AZ lx h., Hriff III -fg pf
SYM GA the high OF the coast Of Cuba aud for
chly detained aud examined The report may bc
Incorrect hut have written for the necessary intor
nation. aud II | lpd when received. that IL corrob,.
rates the published statement. ! Will communicate
the result 10 your l1rdsbip, with such representa-.
lions ~ the circumstances may call for. Bat II u
obvious that scrious collision may occur at any
time when British armed vessel meets with
American moTchaJtfnan. ~ long ~ this pretenson
Is exercised. our lord-hp diSavows the part
Of your government the right of Btit'h cruisers tO
dtain IN American vessel, even II found engaged IN
the slave trade In view of this dsivowil | am
NJ n loss 20 comprehend why an American vessel
when detained upon the high seas should destroy
the evidence of her nationality and suffer herself to
bc captured. when by n-sining her true charsc
ter she would BE- bcyond the control oi any cruiser
except one 1T her osn nation. A despatch from
the commanding officer OF the American squadron
ulion the coast OF africa. (Commodpre Conover) 10
the Secretary Of the Navy dated October 10, 1857.
throws light upon this subject, aud shows
the danger OF abnse which surrounds this
whole matter. He states that Amsrlcan
ross'is Employed in me siare trade hare
ben encouraged BY the officers Of British cruisers
10 hror thar papers orerboard in order 10
aroid The punis,nsnf Of death and hare been thus
token utfLouf any sr,dence Of nationality The
reason Assigned for this procedure IL said to bc that
the punishment ~ this offence by the laws II the
United States heng death. persons found committing
IL under the American Tag, II thew cannot escape,
prefer to lie captured 10y British cruiser. with the
Glance of IMMUNITY or at any rate OF les. penalty
than captal punishment. The crew - landed upon
tie nearest part Of the coast while the vessel Is sent
10 an Admiralty Court for condemnation, and Inc
proceeds or a cons.dsrobe portion Of Ofri. disiri
Luf,d nv p,T.s nonsp. and aAorrnce made for
sach Of TIE copfu'od s,are,. And such slaves. it "
understood are transported under prescribed regula
tions defining their CONDITION, T. the British tropical
possessions 10 America. How far these regulat ons
may afford adequate protection 10 the imported
labufcrs have not the means ~ Judging, bat ob.
serve IL was stated by high authority in the British
House 81 Lords IN 10th March last and not contra
dcted that iatr had been passed in TIE Island Of