The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-05-29
THE QUINTUPLE TRElT'Y.--THE RIGHT
M OF SEARCH
LETTER FROM GENERAL CASS. MINISTER or
THE UNITED STATES AT PARIS. TO MR. GuL
zoT, MINISTER OF FOREIGN AFFAIRS on
d. FRANCE.



is of such general notoety that it may be assumed
the basis Of any diplomatic representations which the
subject may fairly require, ,...-s.
The United States, being party to this treaty, have
no right inquire into the circumstances which have
led to it, nor into the it proposes toadopt ex
cept far they have to believe that their rights
may be involved in the Of itexccuon. Their
desire TO put a stop this traffic " everywhere known
as well the early and continued efforts they have
adopted to prevent their citizens from prosecuting it.
They have been invited by the government of Great Brit
ain to become party to the treaty which should regu
late the action Of the combined governments upon the
subject But for satisfactory to themselves and
believe satisfactory the world they have declined
this united action and have chosen to pursue their
measures and to act upon their own citizens only with
out subecting these to any kind Of foreign Jurisdiction
In communication from Lord Palmerst0n, her BIi.
tannic Maestys principal Secretary Of State for Foreign
Affairs, to Mr. Stevenson, the American minister Lon
don, dated 9th August. ls4, Lord Palmeston claims
right for the British cruisers and avows the intention Of
his government 20 exercise It, to search American yes
sells at sea time Of peace with view to ascertain their
national character He adds that ths examination Of
papers of merchantmen suspected of being engaged in
the slave trade though they hoist United States
flag proceeding which il absolutely necessary that
British cruisers employed in the suppression of the slave
trade should continue to practise" &C. SC.
In communication from the successor of Lord Aber
deem Mr. Stevenson dated October 49, l84l the views
and determination announced in the first confirmed
and Lord Aberdeen thus states the ground upon which
this pretcnson to search American vessels in time
peace But the undersigned must observe that the pres
happy of the States of Christcnom in
this great object hc suppression OF the slave te not
merely jlstes but renders Indispensable the right now
claimed and exercised by the British government " that
is to say the right Of entering and examining American
vessels to ascertain their nationality.
1t is part of my duty to offer any comments upon
this prctcnsion upon the advanced in sup
port of it. And if it were, should find the duty far
better performed for than could perform ii for my
self in the annual message Of the president Of he United
States to Congress Of December T. IS41 In that docu
ment will be found the views Of the American govern
upon this subject and it is there cmphatcaly de-
clared that however DESTROYS the United States may
be the suppression of the slave trade they cannot
consent to interpretations into the maritime code ut the
mere will and pleasure OF other governments We deny
the right of any such Interpolation to any all the
nations OF the EARTH without consent We claim
have voice In all amendments alterations of that
CODE and when we are given to understand as in this
instance by foreign government that it, treaties with
other nations cannot be executed without the establish
ment and enforcement Of principles of maritime po
lice TO bc applied without consent must employ
language neither Of cI,iivocl import susceptible Of
inisconstruction.
You will perceive sir by these extracts that the British
government had advanced pretension which asserts
to DO Indispensable to the execution Of its treaties for The
suppression of the slave trade and to which the President
of the United States has declared that the American gov
eminent Will not submit This claim of search it will
be observed arising, it Is asserted ont Of existing OBJ
legations has relation TO the Isolated treaties for the ab
communications Of Lord Paerson and of Lord Aberdeen
1t is known that the combined treaty upon this sub
ject is extensive in its operations and minute
in of the details Of Its execution than the separate
treaties with France which preceded it, and equally in
definite In the duration of its obligations OF course
which not only 'justifabe, but indspen
sable for the execution Of the latter, will find equal
justice and necessity in the obligations OF the former
With this previous ecaI alton made by Of the par
ties to this quntuple treaty. concerning its operations
the American government cannot shut their eyes TO their
true position The moral effect which such union Of
five great powers two OF which arc eminently maritime
but three Of which have perhaps had vessel
gagged In that traffic is calculated produce upon the
United States and upon other nations who, like them,
may be ind sposed to these combined movements though
it may he regretted, yet furnishes just Of com
plant But the subject another aspect when
they told by of tn parties that their vessels
to be forcbly entered and examined in order to carry
into effect these stpulatons. Certainly the American
government does not believe that the high powers
tracing parties to this treaty, have any wish to compel
the United States by force to adopt their
its provisions to adopt Its stipulations They have
too much confidence in their Of justice to any
such result, and they will with pleasure the prompt
disavowal made by yourself, sir, in the of your
country at the tribune of the Chamber of Deputies q
any intentions of this nature But were 1t otherwise
and possible they might be deceived In this cont
dent expectation that would not alter In little Their
Of action Their duty would be the same, and The
would be their determination to fulfil It, Thg
would prepare themselves with apprehension indeed but
without tsmay regret, but with frmness for one
of those desperate struggles which have sometimes occu
red in the history Of the world but where just cause
and the favor Of Providence have given strength to CON
parative weakness, and enabled it to break down the
pride of power
But have already said that the United States do not
fear that any such united attempt will be made upon Their
independence What however, they may reasonably fear
and what they do fear is that Ia the execution Of tbs
treaty measures will be taken which they must resist
How far the act of one of the parties putting its cons
ton upon its duties and upon the obligations Oh 10
co-contractors, may involve these in any unlooSedd
consequence either by the adoption of similar measures
or by their rejection, do not presume to judge cd
tain it is however, that if the fact and the principle
vanced by Lord Aberdeen correct that these tres
ties for the abolition of the slave trade cannot be exc
cuted without forcbly boarding American ships at sea
time of peace and that the obligations created by then
confer not only the right thus to violate the Amenc
flag but make this duty, then it Is also im
duty of France TO pursue the same course Should sh
put this construction upon her obligations il is Obvious
the United States must do to her they will do to Eng
land If she persists in this attack upon their ndepena
ence Should she not it does not become to invest
gate the nature of her position with respect to one OF ha
associates whose opinion respecting their relative 1u
would be so widely different from her own Bat mN
express the hope that the government Of his Maesg
before ratifyng this treaty, will examine maturey %
prctensons asserted by of the parties and see ho
these can be rccoDccd not only with the honor and
ercst OF the United States but with the received pnn
pies of the great maritime code of nations may MAJ
this appeal with the more confidence from the reanO
subsisng between France and the United States, rop
community Of interest in the liberty of the seas from
community of opinion respecting The principles Tm
guar it, and from community in danger should u eve
he mcnaced by the ambition Of any maritime power
1t appears TO me- sir. that In asking the attention.