but where they are taken without price, and may be swept away by the cannon of his own country. "When they doubted they took the trick"-words which all Americans should grave upon their hearts. We may safely appeal to any generous Englishman and Frenchman, and ask what would be their sensations if told, yes, we do seize your citizens, we will seize them; when we doubt, we take the trick. Let each answer for himself, and that answer will disclose the feelings of the Americans; for this trick it is a man, an American citizen. By and by, after law shall have worked its way far enough, the trick may become a French citizen, and what sort of a struggle will come when that step is taken?

But should the United States yield to this claim, what security is there for them, or for nations like them, interested in the freedom of the seas, that it would not be followed by another and another pretension, till the British flag rode triumphantly over the waters of the earth? How far is to be pushed this crusade of benevolence, which would involve east and west in one common calamity, in order to attain, in its own way, an object which must come, and that speedily? There are significant signs abroad that this is but the commencement of a system, destined to a wide extension. Already the project has been publicly discussed in England, of putting a stop to slavery by putting a stop to the sale of its products. It has been supported in the journals, and advocated, we believe, in Parliament. The scheme has not yet ripened into a plan. But benevolence is sometimes shrewd, as well as active, and the proposition, so far, is merely to interdict the sale of these products in England; yet who can tell how soon the question may enter, in an improved form, into the maritime code of nations? It would be but another step, and though it might be accompanied by another struggle, leading to universal war, what cares the philanthropist for this? Law would work its own way. Slavery is wrong as well as the slave trade. We can not enter upon the territory of another nation, to suppress it. But we will seize its products upon the ocean; they shall become contraband of peace; no cotton, rice, coffee, sugar nor tobacco, not the product of free labor, shall be lawful freight. And thus the object being just, the means must be just also. But here we drop the discussion, leaving every reflecting man to draw his own conclusions. Most sincerely do we hope that Lord Ashburton carries out, to the American government, some modified proposition it can accept. But we freely confess, looking to the pretensions of both parties, and knowing the feelings of our countrymen, that we do not see upon what middle ground they can meet. Our fears are stronger than our hopes; and sad will be the day when two such nations go to war. Even if England were clearly right, as in our opinion she is clearly wrong, she might forbear much, without any imputation upon her honor. She has won her way to distinction by a thousand feats in arms, and, what is her better title to renown, by countless feats in peace: triumphs of genius, of skill, of industry, and of enterprise, which have gained her a name that the proudest may envy, and that few can hope to equal. She has given birth to an empire in the west; an empire whose extent and duration it passes human sagacity even to conjecture. There are planted her laws, her language, her manners, her institutions. A thousand ties of interest unite these kindred people. Let England cherish this as her most glorious work; but let her recollect, too, that a spirit equal to her own animates the republic, and, though she may be crushed, she will not be dishonored.

CHAPTER XXVII.

General Cass Protests to the French Government-Notifies the Secretary of State-Treaty not Ratified -His Course Approved by the President-The Protest to the French Government.

On the fourteenth of February, 1842, General Cass left at the office of Foreign Affairs, his protest against the proposed treaty. It was warmly approved by his countrymen, and the national administration at Washington, although differing in political views, acknowledged the eminent services rendered by him. It is American in tone and sentiment, and worthy of its author. Having taken his stand before the people of France, be could do no less than place among the archives of the legation and of the French government, his disclaimer of the right of Europe to make the proposed combination, and his remonstrance thereto. Although he did not yet know the views of his government, he felt that his duty lay in this direction, and he took the responsi bility entirely to himself. It is too intimately connected with the appeal, to be separated from it in a history of his life. The two go together, and should be kept together, to appreciate truly his position and feelings on this occasion.

On the fifteenth of February he officially advised the Secretary of State of his proceedings, and enclosed copies of the appeal and the protest, and in this communication he fully reports the progress of this affair. He reminded the Secretary of State that he was in the midst of stirring circumstances, and could form a safe judgment of the dangers which menaced the American government, and pressed upon the notice of the Department the necessity of instant and extensive arrangements for offensive and defensive war; all other questions, personal, local, or political, should give way before this paramount duty; and that, for aught he knew, a hostile squadron might carry to the United States the first news of war. He admitted that, perhaps, his appeal to the French nation might not be regarded as a very diplomatic dispatch. "It is not so, certainly, so far as diplomacy consists in mystery, either

of thought or expression," said the General. "I have felt strongly, and I have attempted to speak plainly. I do not belong to the school of that well known French statesman who said, 'that language was given to conceal thoughts.' I must claim your indulgence for my candor, in consideration of my motives. I see the difficult position of my country, and most anxious am I that it should be seen and appreciated at home. That done, I have no fear for the result."

On the thirtieth of April he apprised the Department that the quintuple treaty, purporting to be for the suppression of the slave trade, had not been ratified by France, and, from all indications, he thought it would not be, and at the same time intimating that he had not then heard from his own government on this subject.

On the seventeenth of May, he acknowledged the receipt of Mr. Webster's dispatch, containing the gratifying information that his conduct was approved; and on the twenty-sixth of May, he advised the Department that the treaty had been discussed in the Chamber of Peers and in the Chamber of Deputies, and the sentiments expressed were unanimously against the measure, and that the exciting subject was at rest.

"LEGATION OF THE UNITED STATES,
"PARIS, February 13th, 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 assumed as the basis of any diplomatic representations which the subject may fairly require.

"The United States, being no party to this treaty, have no right to inquire into the circumstances which have led to it, nor into the measures it proposes to adopt, except so far as they have reason to believe that their rights may be involved in the course of its execution. Their own desire to put a stop to this traffic is everywhere known, as well as the early and continued efforts they have adopted to prevent their citizens from prosecuting it. They have been invited by the government of Great Britain to become a party to the treaty, which should regulate the action of the combined governments upon the subject. But, for reasons satisfactory to themselves, and I believe satisfactory to the world, they have declined this united action, and have chosen to pursue their own

measures, and to act upon their own citizens only, without subjecting these to any kind of foreign jurisdiction.

"In a communication from Lord Palmerston, her Britannic Majesty's principal Secretary of State for Foreign Affairs, to Mr. Stevenson, the American Minister at London, dated twenty-seventh August, 1841, Lord Palmerston claims a right for the British cruisers, and avows the intention of his government to exercise it, to search American vessels at sea in time of peace, with a view to ascertain their national character. He adds, that this examination of papers of merchantmen suspected of being engaged in the slave trade, even though they hoist the United States flag, is a proceeding which is absolutely necessary that British cruisers, employed in the suppression of the slave trade, should continue to practice,' &c., &c.

"In a communication from the successor of Lord Aberdeen, to Mr. Stevenson, dated October 13th, 1841, the views and determination announced in the first are confirmed; and Lord Aberdeen thus states the ground upon which rests this pretension to search American vessels in time of peace: 'But the undersigned must observe that the present happy concurrence of the states of Christendom in this great object, (the suppression of the slave trade) not merely justifies, 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.

"It is no part of my duty to offer any comments upon this pretension, nor upon the reasons advanced in support of it. And if it were, I should find the duty far better performed for me than I could perform it for myself, in the annual message of the Presi dent of the United States to Congress, of December 7th, 1841. In that document will be found the views of the American government upon this subject, and it is there emphatically declared, that however desirous the United States may be for the suppression of the slave trade, they can not consent to interpolations into the maritime code at the mere will and pleasure of other governments. We deny the right of any such interpolation to any one or all the nations of the earth, without our consent. We claim to have a voice in all amendments or alterations of that code, and when we are given to understand, as in this instance, by a foreign government, that its treaties with other nations can not be executed

without the establishment and enforcement of new principles of maritime police, to be applied without our consent, we must employ language neither of equivocal import nor susceptible of misconstruction."

"You will perceive, sir, by these extracts, that the British government has advanced a pretension which it asserts to be 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 government will not submit. This claim of search, it will be observed, arising, as is asserted, out of existing obligations, has relation to the isolated treaties for the abolition of this traffic which were in force at the date of the communications of Lord Palmerston and of Lord Aberdeen. It is now known, that the combined treaty upon this subject is more extensive in its operations, and more minute in some of the details of its execution, than the separate treaties with France, which preceded it, and equally indefinite in the duration of its obligations. Of course, measures were not only 'justifiable, but indispensable,' for the execution of the latter will find equal justice and necessity in the obligations of the former.

"With this previous declaration made by one of the parties to this quintuple treaty, concerning its operations, the American government can not shut their eyes to their true position. 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 cause of complaint. But the subject assumes 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 the treaty, have any wish to compel the United States, by force, to adapt their measures to its provisions, or to adopt its stipulations. They have too much confidence in their sense of justice to fear any such result, and they will see with pleasure the prompt disavowal made by yourself, sir, in the name of your country, at the tribune of the Chamber of Deputies, of any intentions of this nature. But were it otherwise, and were it possible