Part 49 (2/2)

~1841, Dec. 7. President Tyler's Message.~

Though the United States is desirous to suppress the slave-trade, she will not submit to interpolations into the maritime code at will by other nations. This government has expressed its repugnance to the trade by several laws. It is a matter for deliberation whether we will enter upon treaties containing mutual stipulations upon the subject with other governments. The United States will demand indemnity for all depredations by Great Britain.

”I invite your attention to existing laws for the suppression of the African slave trade, and recommend all such alterations as may give to them greater force and efficacy. That the American flag is grossly abused by the abandoned and profligate of other nations is but too probable. Congress has, not long since, had this subject under its consideration, and its importance well justifies renewed and anxious attention.” _House Journal_, 27 Cong. 2 sess. pp. 14-5, 86, 113.

~1841, Dec. 20. [Great Britain, Austria, Russia, Prussia, and France: Quintuple Treaty.]~ _British and Foreign State Papers_, 1841-2, p. 269 ff.

~1842, Feb. 15. Right of Search: Ca.s.s's Protest.~

Ca.s.s writes to Webster, that, considering the fact that the signing of the Quintuple Treaty would oblige the partic.i.p.ants to exercise the Right of Search denied by the United States, or to make a change in the hitherto recognized law of nations, he, on his own responsibility, addressed the following protest to the French Minister of Foreign Affairs, M. Guizot:--

”LEGATION OF THE UNITED STATES, ”PARIS, FEBRUARY 13, 1842.

”SIR: The recent signature of a treaty, having for its object the suppression of the African slave trade, by five of the powers of Europe, and to which France is a party, is a fact of such general notoriety that it may be a.s.sumed as the basis of any diplomatic representations which the subject may fairly require.”

The United States is no party to this treaty. She denies the Right of Visitation which England a.s.serts. [Quotes from the presidential message of Dec. 7, 1841.] This principle is a.s.serted by the treaty.

” ... The moral effect which such a union of five great powers, two of which are eminently maritime, but three of which have perhaps never had a vessel engaged in that traffic, is calculated to produce upon the United States, and upon other nations who, like them, may be indisposed to these combined movements, though it may be regretted, yet furnishes no just cause of complaint. But the subject a.s.sumes another aspect when they are told by one of the parties that their vessels are to be forcibly entered and examined, in order to carry into effect these stipulations. Certainly the American Government does not believe that the high powers, contracting parties to this treaty, have any wish to compel the United States, by force, to adopt their measures to its provisions, or to adopt its stipulations ...; and they will see with pleasure the prompt disavowal made by yourself, sir, in the name of your country, ... of any intentions of this nature. But were it otherwise, ... They would prepare themselves with apprehension, indeed, but without dismay--with regret, but with firmness--for one of those desperate struggles which have sometimes occurred in the history of the world.”

If, as England says, these treaties cannot be executed without visiting United States s.h.i.+ps, then France must pursue the same course. It is hoped, therefore, that his Majesty will, before signing this treaty, carefully examine the pretensions of England and their compatibility with the law of nations and the honor of the United States. _Senate Doc._, 27 Cong. 3 sess. II. No. 52, and IV. No. 223; 29 Cong. 1 sess.

VIII. No. 377, pp. 192-5.

~1842, Feb. 26. Mississippi: Resolutions on Creole Case.~

The following resolutions were referred to the Committee on Foreign Affairs in the United States Congress, House of Representatives, May 10, 1842:

”Whereas, the right of search has never been yielded to Great Britain,”

and the brig Creole has not been surrendered by the British authorities, etc., therefore,

-- 1. ”_Be it resolved by the Legislature of the State of Mississippi_, That ... the right of search cannot be conceded to Great Britain without a manifest servile submission, unworthy a free nation....

-- 2. ”_Resolved_, That any attempt to detain and search our vessels, by British cruisers, should be held and esteemed an unjustifiable outrage on the part of the Queen's Government; and that any such outrage, which may have occurred since Lord Aberdeen's note to our envoy at the Court of St. James, of date October thirteen, eighteen hundred and forty-one, (if any,) may well be deemed, by our Government, just cause of war.”

-- 3. ”_Resolved_, That the Legislature of the State, in view of the late murderous insurrection of the slaves on board the Creole, their reception in a British port, the absolute connivance at their crimes, manifest in the protection extended to them by the British authorities, most solemnly declare their firm conviction that, if the conduct of those authorities be submitted to, compounded for by the payment of money, or in any other manner, or atoned for in any mode except by the surrender of the actual criminals to the Federal Government, and the delivery of the other identical slaves to their rightful owner or owners, or his or their agents, the slaveholding States would have most just cause to apprehend that the American flag is powerless to protect American property; that the Federal Government is not sufficiently energetic in the maintenance and preservation of their peculiar rights; and that these rights, therefore, are in imminent danger.”

-- 4. _Resolved_, That rest.i.tution should be demanded ”at all hazards.”

_House Doc._, 27 Cong. 2 sess. IV. No. 215.

~1842, March 21. Congress (House): Giddings's Resolutions.~

Mr. Giddings moved the following resolutions:--

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