Abbildungen der Seite

} Message of the President, at the opening of the Session. [Sen. and H. of R.


2d Session.

On their preservation, and in their utmost purity, every

DOCUMENTS thing will depend. Extending, as our interests do, to every part of the inhabited globe, and to every sea, to Accompanying the preceding Message. which our citizens are carried by their industry and en. terprise, to which they are invited by the wants of others, Message from the President of the United States, trans. and have a right to go, we must either protect them in mitting a Convention between the United States and the enjoyment of their rights, or abandon them, in cer

Great Britain, for the Suppression of the Slave Trude. tain events, to waste and desolation. Our attitude is highly interesting as relates to other powers, and parti.

In Senate, Friday, April 30, 1824. cularly to our southern neighbors. We have duties to perform with respect to all, to which we must be faith- The following written message was received from the ful. To every kind of danger we should pay the most President of the United States, by Mr. Everett, his vigilant and unceasing attention; remove the cause when Secretary: practicable: and be prepared to meet it when inevitable.

To the Senate of the United States : Against foreign danger, the policy of the Govern. ment seems to be already settled. The events of the

I transmit to the Senate, for their constitutional ad. late war admonished us to make our maritime frontier vice, with regard to its ratification, a convention for the impregnable, by a well digested chain of fortifications, Suppression of the African Slave Trade, signed at Lon and to give efficient protection to our commerce, by don, on the 13th ult. by the Minister of the United States augmenting our Navy to a certain extent; which has residing there, on their part, with the Plenipotenitaries been steadily pursued, and which it is incumbent upon us

of the British Government, on the part of that nation; to complete, as soon as circumstances will permit. In together with the correspondence relating thereto, part the event of war, it is on the maritime frontier that we

of which is included in a communication made to the shall be assailed. It is in that quarter, therefore, that House of Representatives on the 19th ultimo, a prinied we should be prepared to meet the attack. It is there copy of which is among the documents here with sent. that our whole force will be called into action, to

Motives of accommodation to the wishes of the Brit

prevent the destruction of our towns, and the desolation ish Government, render it desirable that the Senate and pillage of the interior. To give full effect to this should act definitively upon this convention, as speedily policy, great improvements will be indispensable. Ac- as may be found convenient.

JAMES MONROE. cess to those works, by every practicable communication, should be made easy, and in every direction. The Washington, April 30, 1824. intercourse, also, between every part of our Union,

(No. 1.) should also be promoted, and facilitated by the exer. cise of those powers, which may comport with a faith.

Mr. Rush to Mr. Adams. ful regard to the great principles of our Constitution.

LONDON, January 23, 1824. With respect to internal causes, those great principles

Sin: I received, on the evening of the 20th instant, a point out, with equal certainty, the policy to be pursued. note from Mr. Secretary Canning, requesting me to call, Resing on the people, as our Governments do, State on the following day, at the Foreign Office, for the purand National

, with well defined powers, it is of the high- pose of meeting there Mr. Huskisson and Mr. Stratford est importance, that they, severally, keep within the Canning, by which I at once understood that the negolimits prescribed to them. Fulfilling that sacred duty, tiation which the President has confided to me, was nov it is of equal importance, the movement between them abou to have its regular commencement I went at the be harinonious; and in case of any disagreement, should time appointed, when, meeting these gentlemen, I was such occur, that a calm appeal be made to the people; and informed by them that their instructions, as well as full that their voice be heard, and promptly obeyed. Both powers, as the Plenipotentiaries of this Government, Governments being instituted for the common good, they were made out, and that all things were ready, on their cannot fail to prosper, while those who made them are side, for opening the negotiation, I replied, that I 100 attentive to the conduct of their representatives, and

was ready on the part of the United States, upon which control their measures. In the pursuit of these great the 23d was fixed upon for our first meeting. objects, let a generous spirit, and national views and

The negotiation has accordingly been opened this feelings be indulged; and let every part recollect, that, day, in due form, at the office of the Board of Trade. by cherishing that spirit, and improving the condition of At the wish of Mr. Secretary Canning, specially expresthe others, in what relates to their welfare, the general sed at the Foreign Office the day before yesterday, the interest will not only be promoted, but the local advan- subject of the slave trade is that upon which we have tage reciprocated, by all.

first entered. Our introductory conferences upon it, ocI cannot conclude this communication, the last of the cupied a couple of hours, when an adjournment took kind which I shall have to make, without recollecting, place until Thursday next, the 29th instant. It was with great sensibility and heartfelt gratitude, the many agreed that the same subject should then be resumed, instances of the public confidence, and the generous sup- and, without discussing others, proceeded with until it port which I have received from my fellow-citizens in the should be finished. In making my reports to you of this various trusts with which I have been honored. Having negotiation, for ihe information of the President, my incommenced my service in early youth, and continued it tention is not to make them from meeting to meeting, a since with few and short intervals, I have witnessed the course that might often prove insatisfactory and unagreat difficulties to which our Union has been exposed, vailing, but to wait the issue of the whole, or, at any rate, and admired the virtue and courage with which they the completion of some one object, before I proceed to were surmounted. From the present prosperous and write about it. This was the plan pursued at the joint happy state, 1 derive a gratification which I cannot ex. negotiation with this court in 1818, in which I bore a press. That these blessings may be preserved and per- share, and I hope will be approved. I will take care to petuated, will be the object of my fervent and unceas- deviate from it whenever circumstances may seem to ren2018 Prayers to the Supreme Ruler of the Universe.

der a deviation necessary and proper; as, moreover, I

must, simultaneously with this negotiation, attend to the JAMES MONROE.

business of the legation, it has occurred to me that, as often as I may find it necessary to write to you respect

. l'ashington, December 7, 1824.

ing the latter, whilst the negotiation is in progress, I will go on with the regular series in numbering my despatch



Documents accompanying the President's Message. 21 SESSION.

[Sen. and H. of R. es, reaung ihose that I shall write on the negotiation, as garded the latter intimation, I replied, that the United distinct, and so numbering them. I cannot flatter my- States stood upon at least equal ground with Great Briself with the expectation that the work of the negotia- tain, their existing laws against the slave trade being tion will be very soon done. The subjects are many and marked by even a higher tone of severit , and the consecomplicated; the session of Parliament is at hand, and quent exclusion of their citizens from all participation in will, when it arrives, make heavy calls upon the time of the trade, being, as was believed, so far as the virtue of one of the British Plenipotentiaries; added to which, the municipal laws could avail, not less effectual. As to the daily interruptions to which my own time is liable, al preference of Great Britain for a different plan, I contentways the lot of the permanent incumbent of this mission, ed myself with alluding, with more of retrospect, to the will be too liable to increase the unavoidable obstacles uniform objections that had been made to it by the leadto frequent and rapid conferences. I can only repeat, ing powers of Europe, especially by France and Russia, as that my best endeavors shall not be spared, and I pre. well as by the United States; and with remarking, that sume to hope, that my past conduct in this trust will be my Government had charged me with the duty of preaccepted as the pledge of my future diligence.

senting the projet in question, under the twofold view uf Although there have been delays in bringing on the bringing forward, according to the wish of Great Britain, negotiation, all my preliminary correspondence in rela a substitute for the plan that has been rejected, and to tion to it, will, I trust, have sufficiently shewn that they carry into effect a resolution which had passed the House have not arisen through my instrumentality. The stand- of Representatives of the United States upon this subject, ing of one of the British Plenipotentiaries is so well at the close of the last session of Congress. known to us that I need not speak of it. The other, Mr. I added, that it was the sincere belief of my GovernHuskisson, (first named in the commission,) is of the ment, rendering, at the same time, full justice to all the Cabinet, a (listinguished member of the House of Com- past efforts of Great Britain, in the cause of abolition, mons, the President of the Board of Trade, and Trea- that if she could see her way to the acceptance of the surer of the Navy. Besides his reputation for talents, plan now offered, combining, as it did, the great princi. which is high, he seems to be no less generally regarded ple of denouncing the slave trade as piracy, with a sysas a man of liberal principles and conciliating temper. tem of international co-operation for iis suppression, the I have the bonor to remain,

evil would be more effectually extirpated, and at a day With very great respeci,

not distant, than by any other modes that had beretofore Your obedient servant,

been devised. RICHARD RUSH. The British Plenipotentiaries replied, that they would

give it a candid examination, esteeming themselves for(No. 2.)

tunate, considering the great moral interests at stake, Mr. Rush to Mr. Adams.

and which both nations had alike at heart, if they could

reconcile its acceptance with the opinions and convictions LONDON, March 15, 1824.

which bad hitherto guided the conduct of their governSır: I have the honor to inform you, that I concluded ment on this subject. They gave their unhesitating asand signed on behalf of the United States, the day before sent to the principle of denouncing the traffic as piracy yesterday, a convention with this Government, for the by the laws of Great Britain, provided we could arrive at suppression of the slave trade, which instrument There a common mind on all other parts of the plan proposed. with transmit to your hands, to be laid before the Presi

After they had had the plan a proper tine under condent.

In my despatch, No. 535, written previously to the sideration, they expressed their fears that part of it would commencement of the negotiation, I mentioned that Mr. prove ineffectual, unless with modifications and additions

which they would proceed to enumerate. These were Secretary Canning had expressed a wish that the subject principally as follow: of the slave trade sirould be treated separately from all others on which I had received the instructions of my

They said, that, as soon as the two powers, by their muGovernment, and that I had not thought it necessary to tual laws, had rendered all participation of the slave object to this course. In pursuance of it, this subject trade piracy, and, by a formal convention, agreed to was accordingly taken up separately, and was the first unite their naval efforts for its suppression, it might be tipon which we entered, as you have already been inform expected that the subjects and citizens of each who ed, in my despatch which announced the formal opening meditated a commission of the offence, would no longer of the negotiation.

venture to assume the proper Aag of either country, but The only deviation from the course indicated in my seek to shroud their guilt tinder that of some third power, latter despatch, bas been, that other subjects bave since not yet a party to the convention. British subjects, or been gone into, though none, as yet, finished, a mode of American citizens, might, for example, readily charter a proceeding that was tound eligible.

Danish, a Swedish, or a Russian vessel, and under cover With the convention I also transmit the protocols of of either of these flags, with simulated papers, and other the several conferences at which its provisions were dis- fraudulent contrivances, pursue the traffic, whilst the true cussed and settled, and for the better understanding of owner of the vessel remaired in ignorance of the real the whole subject, I proceed to give you a more full ac

and guilty transaction. count of the nature and progress of the discussions than

Were such transgressors, the British Plenipotentiaries can be afforded by the protocols.

asked, to be screened from all detection and punishment, I offered, in the first instance, to the British Plenipo though the vessel should be afterwards restored? I antentiaries, and without any alteration, the projet that came swered, that I presumed not; and that the words of the se. inclosed to me in your despatch, No: 65, of the 24th of cond article of the projet, or for account of their subjects or June, explaining and recommending its provisions by citizens, were, as I supposed, intended to meet such a case, such considerations as were to be drawn from your des. or other similar attempts to get rid, by evasive pretests, patch, and others that seemer apposite. They remarked, of the penalties created by the convention. They agreed that they hoped it would be borne in mind, that the plan in ascribing to them this meaning, but thought that some offered was not of the choice of Great Britain, her prefer- more distinctive provision would be necessary to prevent ence having been distinctly made known to Europe, as such evasions. They further asked, suppose a British well as the United States, for a different plan; nor was it, subject, or an American citizen, to be taken whilst enthey said, necessary towards the more effectual abolition gaged in the slave trade, on boaril of a vessel not belongof the traffic by her own subjects, her home statutes and ing to either power, or navigated on accuunt of the subprohibitions being already accquate to that end. As re- jccts or citizens of either, and brought into Great Britain




Documents accompanying the President's Message.

[Sen. and H. of R.

or her dominions, or into the United States, ought he not plied, that I did not, for myself, understand the word to be tried indiscriminately, in either country, since the person as applicable, in this sense, to the slaves, but to laws of each would, alike, brand him as a pirate? This the crew of the vessel. inquiry, if answered in the affirmative, involving a conflict Nor did I regard the term carga, against which a prowith one of the primary provisions of the plan, the British hibition of removal, alike indispensable, existed, as dePlenipotentiaries did not press, but, on the contrary, wil. scriptive, under this convention, of the slaves. Hence, lingly withdrew it. They proposed, in lieu of it, that the when the removal of the latter, or any portion of them, subjects or citizens of either party, taken under such cir- should be found obviously necessary, from imperious cuinstances, should be sent home for trial, before the motives of humanity, I saw no sufficient reason for questribunals of their own country; and, to the proposition, tioning the propriety of allowing, under suitable regulaas altered in this essential particular, I said that there tions, such removal to take place. / would, probably, be no exception taken, for it might hap. As no person belonging to the crew was to be taken pen, that British subjects, thus offending, would be found out, the British Plenipotentiaries, continuing their rewithin the jurisdiction of the United States, and, if their marks upon the fifth article, next said, that power on own citizens were ever justly captured whilst so offend the part of the capturing ship, to confine the crew being, as a law of Congress already subjected them, when low, or otherwise restrain them, would be absolutely in this predicament, to the doom of pirates, I did not an necessary, in contingencies to be fairly imagined, to ticipate from my government, any objection to their being give full effect to the principles which the projet insent home for trial, in our own courts, under whatever tended to secure. circumstances, or by whatever country, they might be The delinquent vessel, as often happened, might be lawfully seized.

powerfully manned. These men, rendered fierce, not Would not serious or fatal embarrassments, they also to add desperate, by their vocation and the perils to asked, arise in regard to evidence, under the criminal which, by capture, they would become exposed, could prosecution against the crew of the slave-trading vessel, not want the desire, and would naturally watch the opfor the act of piracy, as provided by the eighth article of portunity, of overcoming the captors, in whose custody the projet?

they were placed. Ought not, therefore, the captors to If the libel against the vessel took place first, as was be furnished with adequate means of keeping the massupposed to be the case, how could the captain or crew be tery over them, until the captured vessel was safely con examined on interrogatories, since the fact of the condem- veyed to her destination. nation of the vessel would draw after it :heir own guilt? Such were the principal amendments or suggestions Their answers, consequently, might bring them into jeo which the British Plenipotentiaries, at an early stage, pardy. 1 replied, that the commander or boarding officer, put forward, and they were discussed between us in a and other persons beloging to the capturing vessel, temper frank and amicable. They declared that they being sent in as witnesses against the accused vessel, did not offer them in the spirit of objection, but under might, perhaps, under a convention of a character like sincere wishes to secure for the plan, at all points, the the present, supercede, in some degree, the necessity of recommendations and potency, which it must be supexamining the crew, as was usual in admiralty causes; posed each nation equally aimed at imparting to it. It but that, if this would not be proper as a general rule, it was designed to act upon a stubborn as well as malig might bold good, to some extent, in cases where the in-nant class of offenders, whose cunning was not behind terior arrangements and structure of the vessel, and, their depravity, and who had hitherto put to scorn the above all, the actual presence of slaves, combined to es efforts of good men, in all countries, to check the stutablish more unequivocally, to the very eye, the iniquity pendous enormity of their deeds. They concluded with of the voyage. At all events, the objection, if valid, saying, that they would present to my consideration a which was not admitted, could go no further than to counter projet, on the part of Great Britain, embracing except, from the criminal prosecution, those of the crew, what they deemed to be the necessary provisions upon supposed to be few in number, who might be selected the whole subject. I replied, that the articles of the as witnesses on the part of the state or crown, leaving plan which I had submitted had not been drawn up to the rest open to all the penal inflictions of the convention. the exclusion of others, that Great Britain might, in turn, The British Plenipotentiaries ultimately agreed that the have to propose; nor were they all to be insisted upon objection was unfounded, on learning, from their law offi- in the shape in which they first stood. Tbere were, incers, that the right of a witness not to answer, where a deed, cardinal principles in them, that could, on no acconfession of guilt might be involved, was merely a gen- count, be departed from: but there were others, as well eral shield thrown over him, to be used or not, according as much of detail

, open to whatever alterations or addito circumstances, and the opinion of the court, without tions both parties might be able to agree in thinking otherwise affecting the action at law, or public proses proper or useful. cution, in the course of which the right might be claimed. This was the spirit in which I knew it to be the deIt was an independent right, that stood upon its own sire of my Government that the negotiation should be basis, the existence and knowledge of which was not conducted. previously to foreclose the institution of this or any other The essential principles of our plan, as gathered from prosecution, any more than it would the institution of a my best attention to it, in connexion with your instrucsuit in a court of chancery, or before any other judicial tions, I considered to be, 1st, That this nation was to de. tribunal.

clare the slave trade piracy by act of Parliament. 2d, They next drew my attention to the fifth article, which That the captured vessel was to be sent to her own provides that no person shall be taken out of the cap. country, for irial, before its own tribunals, and never tured vessel, a point that, I had declared, would be con- before those of the capturing power. 3d, That no insidered by my government as indispensable. What, then, dividual belonging to the crew was ever to be taken out they asked, might sometimes be the lot of the slaves of the accused vessel. 4th, That the capturing officer Suppose an hundred of them, or even more, on board the should be laid under the most effective responsibility for captured vessel, and thiet vessel, perhaps, a small one; his conduct, in all respects. 5th, That no merchant ves. suppose them all crowded together, under such circum- sel under the protection, or in the presence, of a ship of stances of cruelty,that disease was among thein, and death war of her own nation, was ever to be visited by a ship daily thinning their numbers; a supposition not exagger- of war of the other nation. ated, under all the recollections of this afflicting traffic, I informed the British plenipotentiaries, unreserved. but too likely to be often realized, as long as it was con- ly, that I could consent to nothing, that did not give full unucd. What, in such a case, was to be done? I re.I security to each and all of the above principles. "I knew

18th Congress,

Documents accompanying the President's Message. 20 SESSION.

[Sen. and H. of R. that some of them bespoke a great change in pre-exis- they agreed to allow mine to stand, and to abandon theirs ting principles and usages, under the maritime code of in the parts from which I did not feel authorized to with the world ; but the change was not for light, but high draw my opposition. The last member of the sentence objects, and was believed, by my government, to be upon this point, in the article as it now stands in the Conthe only means by which they could be adequately and vention, viz. nor be taken to affect, in any other way, the permanently secured.

eristing rights of either of the high contracting parties, is At the fourth conference, their counter project was that with which, in the end, they became satisfied. It will brought forward. I was happy to find that it acceded be seen how essentially. it varies from the parallel pasto all the principles that are above recapitulated, adopt- sage, as first submitted in their counter projet. ing, too, and largely, the language in which our own articles lind been framed. To its first article, however, in the act of piracy, under the flag of a third power, as

To the sending home of our citizens for trial, if taken c A or rather to that passage in it wbich relates to convoy, ! provided in their seventh article, I objected, on more

took strong exception, owing to the manner in which it consideration, as not likely to bring with it due practiwas worded, and the import that it might bear. I also cal reciprocity, when the convention went into operaobjected as strongly to the phraseology of so much of tion. Great Britian had the right, under existing trea.

its tenth artiele as purported to save to both parties all ties, to seize the slave-trading vessels of Portugal, of B their existing rights. Upon both the passages; upon Spain, and of the Netherlands : whereas, the United

their second'article, bringing under the cognizance of states, as yet, had no such correlative right. But the the convention, the subjects or citizens of either power, British Plenipotentiaries earnestly pressed its adoption,

surreptitiously chartering the fing of a third power; with a view to the more full attainment of all the objects C

upon that part of their seventh article, also bringing of the Convention, now and hereafter.
within the pale of the convention the subjects or citi-
zens of either power, found on board the slave trading

In the face of our act of Congress, of the 15th of May, vessel of a third power, through not chartered or owned 1820, which already subjects to death, as a pirate, any D by them; and upon those parts of their fourth article citizen of the United States

, convicted of being of the which make provision for restraining the crew of the crew, or ship's company, of any foreign vessel engaged captured vessel, and removing the slaves, full discus: of public law, which has heretofore authorized the pun

in the slave trade ; in the faoe, too, of the general rule sions followed at the fourth, the filth, and the sixth con. ferences. More than once, I was not without appre- may be brought before, I did not feel called upon to per

ishment of pirates by the courts of whatever nation they hensions that the whole work would fall tbrough. More than once it rested upon a difficult balance,

sist in my opposition. awakening solicitudes for its fate. To their passage on

I coull scarcely continue to urge, as very objectionaA convoy I objected, on full consideration, absolutely, and ble, the being furnished with the means should the oc

urged the reinsertion of our own article on the subject, casions arise,) of executing our own laws upon our own in its very words, as being simple, intelligible, and appro- secured, whilst in the act of violating them. The Bri

citizens, by whomsoever they might be detected and priate. They as strenuously resisted its reinsertion, not, as they repeatedly and unequivocally declared, from tish Plenipotentiaries, moreover, remarked, that the any desire ever to exercise the power which it interdict whole Convention exhibited a preponderance of coned, and which would, therefore, render the reinsertion cession on the side of Great Britain, in accommodation superfluous, but because they objected to the word to the principles and views of the United States. convoy, and to the whole formality of our article, which

At our instance she was about, by a new statute of her would be embarrassing, in its comparison with the ar. realm, to make the slave trade piracy; at our instance rangement settled on this point in the treaty between she agreed that the captured vessel and crew should be Great Britain and the Netherlands, of May, 1918. Final- sent to their own country for trial--a course also new to ly, as I could not give up the principle, but was not ten- all her past maritime doctrines and experience ; and, as acious of the word, I agreed to drop it, on having other regarded all the incidental consequences flowing from words, however few, that would carry the principle, but these two fundamental concessions, she still, at our innot more than the principle. Their own words, viz: except stance, gave up, or modified, many of her former nationwhen in the presence of 'e ship of war of its own nation, al and jurisprudential practices and predilections. They would, I said, satisfy me, provided all that followed were said, too, that the preponderance of burden, under the expunged ; and to this they assented. To the part ex- Convention, would lie with Great Britain, both in the punged I had many objections, and, amongst others, greater number of public ships that she would employ that it approximated closely to the article in their treaty in the suppression of the traffic, and in the fact of the with the Netherlands, if, indeed, constructively, it United States not having colonial dependencies, as Brimight not have become identical with it, though the tain had, to serve as ready depots for those detected British plenipotentiaries protested against intending to in it. give it any such character or meaning. It implied, also, I was far from lending my concurrence to these sentiI thought, the indecorum of pre-supposing that the na- ments, which were to be taken with their just qualificaval officers of either power could be lax in the execu- tions. tion of their own duty.

The occasion, I remarked, was one where, instead of The words of their tenth article, designed to save each nation pushing adverse rights, or striving for supeexisting rights, I also struck out, declaring that those rior advantages, it ought rather to be considered, that which formed the concluding passage of our own ninth each was equally and spontaneously surrendering up a article, must be received as the substitute for them. portion of its anterior system, each' moving under one Why, I asked, mention existing rights at all? By the and the same impulse, towards one and the same object; universal rule of interpretation, applicable to treaties, each proposing to itself no other interests than those of they would remain unchanged. The treaty, or conven- benevolence and justice ; no other gain, (yet how great tion, that we were forming, was special in its objects; the gain !) than that of protecting the innocent and layspecial in its powers; special in its concessions. All othering prostrate the guilty. It was a negotiation, with this rights, whatever they might be, on either side, that did not distinguishing feature, that it looked exclusively to the range within the peculiar orbit of this Convention,-as benefit of a third party, assuming reciprocal duties and novel as beneficent in its grand intention, were necessarily burdens for its sake, and flinging aside, as alien to the left just as they were before. But they continued to 016- benign spirit in which it was conceived and undertaker, sist upon the exclusion of my words, and the retention every selfish end or feeling. To the obligations, no less of their own, until the close of the sixth conference, when elevated than interesting, that sprung from such a nego


18th SONGRESS,} Documents accompanying the President's Message. [Sen. and H. of R. tiation, it was beheved that neither party was insensible, venth protocols. I have ventured to omit sending a coand that both stood alike anxious to hail its favorable py of our own projet, marked B. it having been submitresults. In mentioning the sentim ints which the British ted in the precise state in which I had it from you ; nor Plenipotentiaries expressed, it must not be understood do I employ a special messinger for conveying the conthat I report them as having been uttered in complaint; vention, not having done so when I forwarded the treaty and it would be an omission inexcusable in me, were 1 of 1818—a course that was not disapproved. I shall not to add, that they cordially and zealously responded now, as then, commit it to the care of our Consul at Lito the enlarged and animating objects of the interna- verpool, with a request that he will get it on ship-board tional compact which we were endeavoring to adjust. with all speed, and under the best auspices he can com

To their second article, bringing under the penalties mand. of the compact the subjects or citizens of either power, I have the hunor to remain, with very great respect, chartering the vessel of a third power, for the purpose of your obedient servant, carrying on the trade, I assented, believing that it did no

RICHARD RUSH. more than etlectuate the intention of our own second ar- Hon. Joun Q. Adams, Secretary of State. ticle, under words more full. To the provision in their fourth article, giving a pow

THE CONVENTION er for laying the crew of the captured vessel under such The United States of America and his Majesty the restrainis as might become indispensable for their de. King of the United Kingdom of Great Britain and Iretention and safe delivery, I also consented ; varying its land, being desirous to co-operate for the complete sup. language to such as it will now be seen in the conven pression of the African slave trade, by making the law of tion.

piracy, as applied to that traffic, under the statutes of I considered, in fact, such a power as only analogous, their respective legislatures, immediately and recipro. under one view, to that which is familiar to all jurispru.cally operative on the vessels and subjects, or citizens, dence, of securing an accused party between the time of each other, have respectively appointed their Pleniof arrest and of trial; and as doubly called for, in this in- potentiaries to negotiate and conclude a convention for stance, in that it went to the necessary safeguard and that purpose, that is to say : On the part of the United protection of those who were constituted, by the con- States of America, Richard Rush, Envoy Extraordinary vention, its incipient ministers of justice.

and Minister Plenipotentiary from those States to the With a like variation in the language, I consented to Court of his Majesty; and on the part of his Britannic the passage,

in the same article, wbich gives power for Majesty, the Right Honorable William Huskisson, a removing the slaves. The preservation of their lives, member of his Majesty's most honorable Privy Council, or other urgent motives of humanity, is made the condi- President of the Committee of Privy Council, for affairs tion of their removal, and a stipulation is superadded, of trade and foreign plantations, Treasurer of his Majes. that they are to be accounted for to the government of ty's Navy, and a member of the Parliament of the United the country to which the captured vessel belongs, and Kingdom; and the Right Honorable Stratford Canning, be disposed of according to is laws.

a member of his said Majesty's most Honorable Priry I have thus indicated all the changes app-aring to me Council, and his Envoy Extraordinary and Minister Pleto be important between the projet which you commit. nipotentiary to the United States of America; which ted to me, and the convention as it has been signed. Plenipotentiaries, after duly communicating to each

A few other deviations, verbal or in arrangement, will other their respective full powers, found to be in proper be perceived, but have not struck me as sufficiently ma- formn, have agreed upon, and concluded, the following terial to call fur particular notice or elucidation. The articles : less so, as I write under the pressure of other duties aris- ARTICLE I. The commanders and commissioned offi

A ing out of the general negotiation, and with a desire to cers of each of the two high contracting parties, July secure for the convention as early an arrival at Wash authorized, under the regulations and instructions of ington as possible ; considerations which, I trust, will their respective governments, to cruize on the coasts of account for and excuse my omitting to trace, by minute Africa, of America, and of the West Indies, for the supmarginal parallels, the whole of the alterations superin-pression of the slave trade, shall be empowered, under duced upon the counter-projet, before the work was the conditions, limitations, and restrictions, hereinafter terminated. It is only left for me to hope that this des specified, to detain, examine, capture, and deliver over, patch, with its enclosures, will render the progress of for trial and adjudication, by some competent tribunal, the negotiation intelligible. It may be needless in me of whichever of the two countries it shall be found, on to say, that I have done all in my power to inake the re- examination, to belong to, any ship or vessel concerned sult satisfactory. The motive for using all practicable in the illicit traffic of slaves, and carrying the flag of the expedition in making up my despatch is, that, should the other, or owned by any subjects or citizens of either of convention be approved by the President, the option the two contracting parties, except when in the premay not be lost of submitting it to the consideration of sence of a ship of war of its own nation ; and it is fur the Senate before the present session of Congress ther agreed, that any such ship or vessel, so captured, reaches its close.

shall be either carried, or sent by the capturing officer, Shouid it be looked at as a whole, meet acceptance in to some port of the country to which it belongs, and the eyes of my government, and become, happily, the there given up to the competent authorities, or be deliera of a new and saving spirit introduced into the laws vered up, for the same purpose, to any duly commis. of nations for the relief of Africa, her redeemed and sioned officer of the other party, it being the intention grateful children will have cause to pour out the fervent of the high contracting powers, that any ship or vessel, thanksgivings of their hearts towards those Christian within the purview of this convention, and seized on that powers that have at length been enabled and rejoice account, shall be tried and adjudged by the tribunals of that they have been enabled—to arrest the portentous the captured party, and not by those of the captor. desolation that for long ages his swept over their land, ARTICLE II.' In the case of any ship or vessel detained

2 filling it with the concentration of every human wo. under this convention, by the cruizers of either of the Then, at last, may we all hope, and not in vain, to see two contracting parties, on suspicion of carrying on the their tears dried up, their sufferings turned to joy, their slave trade, being found, on due examination by the groans to songs of benediction.

boarding officer, to be chartered on account of any of The enclosures of this despatch are, 1st, the conven the subjects or citizens of the other party, although not tion. 20, the British counter-projet, marked C. 3d, actually bearing the flag of that pariy, nor owned by the copies of the first, second, fourth, fifth, sistb, and se-l individuals on whose account she is chartered, or by

« ZurückWeiter »