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Whilst just confidence is felt in 1st of January there would be a the judiciary of the States, yet this deficiency to provide for of 627,557 government ought to be competent dollars. Of the loan of 62,000,000 in itself for the fulfilment of the dollars authorized by Congress, high duties which have been de- only 5,432,726 had been taken volved upon it under the organic up. He recommended "moderate law by the States themselves.' counsels” in revising the tariff ;
Speaking with approbation of and laid down the principle, that the prompt release of "one Gro. "so long as the duties shall be gan" by the Canadian authorities, laid with distinct reference to the the President regretted that he wants of the treasury, no wellcould not report an equally satis- founded objection can exist against factory conclusion of the Caroline them.” On the resumption quescase; the British Government tion he did not speak very dishaving made no atonement for the tinctly; but expressed an opinion, wrong done to the territory of the that it would be well “ that every United States. If the owner of bank not possessing the means of the vessel were proved to have resumption should follow the exacted in conjunction with “those ample of the late United States who were in the occupancy of Bank of Pennsylvania, and go Navy Island," it would bar his into liquidation, rather than by claim for indemnification ; but that refusing to do so to continue emwould not touch the higher ques. barrassments in the way of solvent tion of the territorial inviolability institutions, thereby augmenting of the Union, the invasion of the difficulties incident to the prewhich could only be justified by sent condition of things." Не the most pressing emergency. He adhered to his veto of the two made no doubt that the British “ fiscal agent” bills of last session ; Government would see the pro but gave intimation of a plan of priety of renouncing the precedent the kind with which the Secretary which it had set in the affair at to the Treasury was prepared, Schlosser. On the right of search "subordinate in all respects to the of ships bearing the flag of the will of Congress directly, and to Union, as suspected slavers, Mr. the will of the people indirectly;" Tyler made no concession ; at the separating the purse from the same time he called upon Congress sword, and denying to the Presito give greater force and efficacy to dent all but very limited control the laws for the suppression of the over the officers by whom it was glave-trade. He stated that he to be carried out. had no progress to report in the “It contemplates the establishBoundary question. He next ment of a Board of Control at the turned to the other foreign affairs seat of government, with agencies of the Union, expressing a warm at prominent commercial points, interest in the welfare of Texas. or wherever else Congress shall The war in Florida had been pro direct, for the safe keeping and secuted with unabated activity, disbursement of the public nionies; and seemed to approach a speedy and a substitution, at the option termination. Mr. Tyler then took of the public creditor, of treasury a review of the finances and finan notes in lieu of gold and silver. eial state of the country. On the It proposes to limit the issue to an
amount not to exceed 15,000,000 gress should regulate and restrain dollars, without the express sanc the power of the President to retion of the legislative power. It move public officers; since that also authorizes the receipt of indi power acts as a stimulus to officevidual deposits of gold and silver holders and office-hunters in the to a limited amount, and the grant- elections. ing certificates of deposits divided At the same time that the message into such sums as may be called was delivered, the correspondence for by the depositors. It proceeds between Lord Palmerston, Lord a step further, and authorizes the Aberdeen, and Mr. Stevenson, the purchase and sale of domestic bills late Minister for the United States and drafts, resting on a real and in London, respecting the ques. substantial basis, payable at sight, tion of the Right of Search was or having but a short time to run, laid before Congress. It is very and drawn on places not less than voluminous, but interesting from one hundred miles apart ; which the importance of the principles authority, except in so far as may of international law discussed bebe necessary for government pur tween these statesmen. The naposes exclusively, is only to be ex ture of the dispute will be best erted upon the express condition understood from Mr. Stevenson's that its exercise shall not be pro own account of it. hibited by the State in which the “The Government of Great agency is situated. In order to Britain, with that of other nations, cover the
expenses incident to regarding the African slave-trade as the plan, it will be authorized a great evil, united in measures for to receive moderate premiums its abolition. For that purpose laws for certificates issued on deposits, were passed and treaties concluded, and on bills bought and sold; and giving to the vessels of each of the thus, as far as its dealings extend contracting parties the mutual to furnish facilities to commercial right of search, under certain limiintercourse at the lowest possible tations. Independent of these rates, and to subduct from the treaties, and under the principles earnings of industry the least pos- of public law, this right of search sible sum.
It uses the State banks could not be exercised. The at a distance from the agencies, as United States were invited to be. auxiliaries, without imparting any come a party to these treaties ; power to trade in its name. but, for reasons which they deemed
Mr. Tyler calls upon Congress satisfactory, and growing out of to “ relieve the chief executive the peculiar character of their inmagistrate, by any and all consti- stitutions and systems of governtutional means, from a controlling ment, they declined doing so. They power over the public treasury. deemed it inexpedient, under any Alluding to the foreign debts of modification or in any form, to the separate states, an “indebted- yield the right of having their ness” amounting to 200,000,000 vessels searched or interfered with dollars, he hoped that the States in time of peace upon the high would resort to every legitimate seas. expedient before they forfeit a “In the meantime some of the faithful compliance with their ob- Powers who were parties to these ligations. He proposed that Con- treaties, and others who refused
to become so, continued to prose- ing to that acceptation of the word, cute their slave traffic ; and to Her Majesty's Government admit enable them to do so with more that British cruisers are not entieffect they resorted to the use of tled in time of peace to search the flags of other nations, but merchant vessels sailing under the more particularly that of the Uni. American flag, yet Her Majesty's ted States. To prevent this, and Government do not mean thereby enforce her treaties, Great Britain to say that a merchantman can deemed it important that her exempt herself from search by cruizers in the African seas should merely hoisting a piece of bunting have the right of detaining and with the United States emblems examining all vessels navigating and colours upon it: that which those seas, for the purpose of as Her Majesty's Government mean certaining their national character. is, that the rights of the United Against this practice the govern States flag exempt a vessel from ment of the United States pro search when that vessel is provided tested, and the numerous cases out with papers entitling her to wear of which the present discussion that flag, and proving her to be has arisen, became subjects of com United States property, and naviplaint and negotiation between the gated according to law.” two governments."
And again :A correspondence the “ The cruisers employed by Her subject commenced between Mr. Majesty's Government for the supStevenson and Lord Palmerston, pression of the slave-trade must which was continued with Lord ascertain, by inspection of the Aberdeen, when the latter suc papers, the nationality of vessels ceeded to the office of Secretary of met with by them under circumState for Foreign Affairs. Lord stances which justify a suspicion Palmerston had written in one of that such vessels are engaged in his official notes as follows: the slave-trade, in order that, if
“ The undersigned begs leave to such vessels are found to belong to state to Mr. Stevenson, in reply to a country which has conceded to the remarks contained in his last Great Britain the mutual right of note, that Her Majesty's Govern- search, they may be searched acment do not pretend that Her cordingly; and that if they be Majesty's naval officers bave any found to belong to a country right to search American mer which, like the United States, has chantmen met with in time of not conceded that mutual right, peace at sea; but there is an essen they may be allowed to pass on tial and fundamental difference be free and unexamined, and so contween searching a vessel and de summate their intended iniquity.” taining her papers to see if she is Against these principles Mr. legally provided with documents Stevenson, in a letter to Lord entitling her to the protection of Aberdeen, dated September 10, any country, and especially of the 1841, strongly protests, and quotes country whose flag she may have the authority of Sir William Scott hoisted at the time. For though, (Lord Stowell), to show that the by common parlance, the word slave-trade is not piracy, nor cog
flag' is used to express the test nizable under the law of nations of nationality, and though, accord “The question is not whether
the power asserted might be neces minal by the whole civilized world, sary or expedient, but whether or that all nations had united any such power exists. It is in
It is in their efforts for its suppression. cumbent, then, upon Her Majesty's And, even if such had been the case, Government to show upon what it would have been very far from principles of justice and right it affording any justification of the claims the power of deciding upon sentence reversed. But the underthe right of an independent nation signed must observe that the preto navigate the ocean in time of sent happy concurrence of the states peace; and this, too, for the pur- of Christendom in this great obpose of executing treaties to which ject not merely justifies, but rensuch nation is not a party, and ders indispensable, the right now consequently not bound. The sig- claimed and exercised by the Brinal error of Lord Palmerston is in tish Government. The underassuming the necessity and expe- signed readily admits that to visit diency of the power as proof of its and search American vessels in existence. Was such a power ever time of peace, when that right of before asserted in the manner or search is not granted by treaty, to the extent which is now done? would be an infraction of public On the contrary, has not the right law, and a violation of national of visitation and search been always dignity and independence. But regarded as exclusively one of a no such right is asserted. belligerent character ?
“The undersigned renounces “ In relation to the conduct of all pretension, on the part of the other nations, who seek to cover British Government, to visit and their infamous traffic by the frau- search American vessels in time of dulent use of the American flag, peace. Nor is it as American that the government of the United such vessels are ever visited. But States cannot be responsible. It it has been the invariable practice has taken the steps which it deemed of the British navy, and, as the best to protect its flag as its cha- undersigned believes, of all navies racter from abuse, and will follow in the world, to ascertain by visit it up by such other measures as the real nationality of merchant may appear to be called for.”
vessels met with on the high seas, Lord Aberdeen in his reply if there be good reason to apprestates, that he “is the last person hend their illegal character. who would presume to question “In certain latitudes, and for a the authority of the distinguished particular object, the vessels rejurist to whom Mr. Stevenson has ferred to are visited, not as Amereferred. But Mr. Stevenson will rican, but either as British vessels recollect that the judgment of engaged in an unlawful traffic, and Lord Stowell was delivered in the carrying the flag of the United case of a French vessel which had States for a criminal purpose, or as actually been captured, and was belonging to states which have by coudemned by a British tribunal. treaty conceded to Great Britain The sentence was reversed by the right of search, and which Lord Stowell in the year 1811. right it is attempted to defeat by At that period Great Britain had fraudulently bearing the protecting no reason to presume that the flag of the Union ; or, finally, they slave-trade was regarded as cri« are visited as piratical outlaws,
possessing no claim to any flag or it must be borne in mind that they nationality whatever.
have no colour of right, nor will “The undersigned, although with they be permitted to extend such pain, must add, that if such visit interference to the vessels or citishould Icad to the proof of the zens of the United States sailing American origin of the vessel, and under the protection of the flag of that she was avowedly engaged in their country. the slave-trade, exhibiting to view “If Great Britain or any other the manacles, fetters, and other nation cannot restrain the slave implements of torture, or had even traffic of their own people upon a number of these unfortuate beings the ocean without violating the on board, no British officer could rights of other nations and the interfere further.
freedom of the seas, then indeed “He might give information to the impunity of which Lord Aberthe cruisers of the United States, deen speaks, will take place. This but it would not be in his power may be deplored, but it cannot be to arrest or impede the prosecution avoided. But Lord Aberdeen Asof the voyage and the success of serts that it has been the invariable the undertaking."
practice of the British navy, and Mr. Stevenson rejoins at consi- he believed of all the navies in the derable length, and amongst other world, to ascertain by visit the real things says : With the vessels character of merchant vessels met of other nations, whether sailing with on the high seas, if there be under their own or another flag, good reason to apprehend their the government of the United illegal character. Now, the underStates can have no authority or signed must be excused for doubldesire to interfere. The under- ing whether any such practice as signed, therefore, did not mean to that which Lord Aberdeen supbe understood as denying to Great poses, certainly not to the extent Britain, or any other nation, the now claimed, has ever prevailed in right of seizing their vessels or times of peace. In war the right punishing their subjects for any of visitation is practised, under violation of their laws or treaties, the limitations authorised by the provided, however, it should be laws of nations, but not in peace. done without violating the princi. “The undersigned must, after ples of public law, or the rights of the most careful consideration of other nations. Nor are such the the arguments advanced in Lord consequences which can fairly be Aberdeen's note, repeat the opinion deduced from the argument which which he has heretofore expressed, he had the honour of addressing to that if a power, such as that Lord Aberdeen, and which his which is now asserted by Her Lordship seems so greatly to have Majesty's Government, shall be misapprehended. Great Britain enforced, not only without consent, has the undoubted right, and so but in the face of a direct refusal have all other nations, to detain to concede it, it can be regarded in and examine the vessels of their no other light by the Government own subjects, whether slavers or of the United States than a violanot, and whether with or without tion of national rights and sove. a flag purporting to be that of the reignty, and the incontestable United States; but, in doing this, principles of international law.