The New York Herald Newspaper, April 27, 1858, Page 2

2 THE ATRICAN SLAVE TRADE. Interesting Correspondence between the Eng- Beh, Preneh and American Governments. New Form. FLARE-UP WITH ENGLAND. Sharp Leiter from General Cass to Lord Napier, &o., &o, WUE BON. JOHN Y. MASON TO SECRETARY Panis, Feb. 19, 1858. terview which T had the honor to have wut Walewski, Minister of Foreign AMairs, i the last week of January, I asked him if there were any objections to my being informed of the recise Character of the measures adopted by his jajesty ihe Emperor's governident in regard to the jon into the French colonies negroes from Airica. He repiied that there was not, and pro- coeded to state very frankly thatthe French colonies, particwarly in the West Indies, were languishing fur want of labor; that negro labor alone was adapted to feupical productions; that the French govern- ment had devired a system for the iutroduction from Africa of laborers under guards which were in- tended to protect them as free emigrants; that to eupply these laborers they looked mainly to prisoa ara taken by the tribes in’ their intestine wars, who would, if not so disposed of, aceordiug to the bar- Barous customs of the country, be put to death; that the arrangements in Africa prior to the em Lark et and for he disposition of the emigrants during the voyage, ud after their arrival in the y under the mauagement of ‘ach government; that obli- gations were taken by them from the planters wao received the emigrants into service to bind taem to provide for the negroes during their term of service, and secure to them the means of retarning to Afri ea, if they shall choose to do so after its expiration. Vasked if there was ary trath ia some statements which | had seen in the English newspapers that French vessels freighted with African ts would be regarded by British «raisers as the African slave trade. Hie Excellency said uo that there had been some communication beiucen the taco governments, and the British government would pos ct to the French scheme while the wants of the itish colonies were being sw * guolie trade. The Minister nrged that t their colonies; that the emigrants were f reseved generally from impend that, relieved from ignorance and hy most degrading character, they would be homanized and Christianized by being placed in contact with the French colonists. The conversation ended by the Minister's assurance that he would send me @ writien memorandum io reply to my inquiry. This promise he redecnied by sending ‘me the papers which i herewith transmit. There are some points oa which neither the conversation nor the written memorandum give information which I de-ired. bt does not appear whethe cousiderat paid to the chicts of tribes for their captives or people. Tinfer that there is. It does not explain the dura téon of the term of service, and it remains to be seen whether any of the emigrants will survive the term or return to their country. Judging from the tone of the public press and reasoning & priori, I feel quite confident that in future wwe will scc the fanatical denunciations of American slavery greatly moderated if not silenced in Fraace, perhaps in England. The French system is the subject of mnch disens- sien in the Englich and French journals. In the Re- vue des Deus Mondes, which is the organ of th Hokition i or Les Amis des Noirs, it is severely attacked, and in the Revue © of which I senda copy herewith. It is quile evitent hat o conviction is gaming strength both in England and France. that in the compulsory emancipation of the slaves in their tropicul colonies by authority of government a grave political erron has been conmit- fed—an error unjust to the colonists whose rights of property were destroyed, and to tue ¢ s by the snnihilation of the labor which made them produc tive, without securing any compensating benefit. Tt was atribute to an abstract idea, and now, to repair ‘She error iv politico economical sense, measures are resorted to which amount essentiay and nece+ marily tot oration of slavery, whether of the coolies oF free emigran' or the rebel pour sep British India, far more ob Pretionable than the regulated <ystem of slave la. bor which the present generation found establisned It is a subject of so much interest tates that Ihave thought it not amiss mmuiication. Ita to me the when the cond 4h United States, inteiligent, well cared for, Christi ined and happy, is coutrasted with that of the orthe African emigrant, or the tra ted Indian sepoy, the most fastidious philanthropy will not besitaic to declare the advantage to be ou our side: and when enlightened government atthe head of ut of fa a mow nts o' aud to destroy the labor of wh an abstract notion, and are ® political nece repair the © nunded men wi tw bear the evi we know not ¢ such t we have dan Uy to others that LORD CLARENDON TO_ SECRETARY CASS - VIEWS IN iLAND, {From the London Mereaatile Gazeue, March 19) We learn from the American journals that Lord Clarendon, shortly before the ¢! fad tion, addresved a letter to Mr. Secretary ('a~ tive to the rapid increase of the African slave trade sting that some more striagent means should Le adoj ted for its suppresion. We are nut surprised at this «tep on the part of the late Foreign Minister, and should hope that hix represeutations will be followed up by his suc r. We have on nt occasions directed attention to th sluvers which have beea fitted oat in American ports, under the eyes of the American Executive, to the number of merchants engaged ia the traliic 5 ew York and other ports, and ope f the trade, and to the fact that the American flag is constantly used w& ect slavers from the search of our craters, Uur cotemporary (the New York Haaatn) Geliterately w ts that the slave trade has been carried Northern citizens of the United States, and panes New York, Becton, Portland aod Hristol as the ports where slavers are fitted out, aud whence they are despatched. ‘Within the last twenty year observes our cotemporary, “over fi'ty Alavera v captared and brought into this port, nearly all of which were equipped and fitt out with Northern capital. The number of veasel« captured and o« oa proportion porta we have named + w York, Boston and other the course of @ sing demned, however, bears bul a number fitted 1" Sry nt from the t which leaves tern seaports ia the The slave bs vowels of varions sizes, a from 100 to Sov bm, ond capable of carrying from 400 to 600 piaves each. Each slaver is manned by erews of from fifleen te twenty-tive mou, iuchiling the captain and officer tal for the whoie fleet of about 1.600 men. The whole of the capital invested does uot probably exceed $4,000,009, upon whieh a profit of ee ing Like $11,009,000 is re alized.” Here y joar nal of the | a Libel upon the «hip rts of the Union, but we mast sap that so patriotic @ journal as the New York Manatp would be inca sble of any wilful tu wtation om the uly t, and that be mt facts which are he joven. Then again the New Orleaus Dr/ta—ab journal o cheracter—annoupers, in a recer Ve ng of a Pearl rive \ Lere cargoes / re received est advantage e, seem to be. tha Prat t hips and crews pow a and the «=§ nthe ‘ morketa where cargoes of living ' € to the highest bi id ia t v the r markets of the South are we pple strengt the slave power eo’ Anuaily re a wen foreseen the slave breeding Btat the demand for save k eated by market for the t America cotton, and that the planters e ety this supply their ‘ Hut all this tiny sof th mated Fe five to slave * definite ‘ r own, They 4 lave trade i Puninhable as piney. Yet © law j femain a dead letter, and the gove tof t Vinited stat the a i posit and subjects it tunate being wiwillingor wnable to put in force a mental law of the Union, although th the inability to do so caumes the rhinent of Washington to be pointed at by all the gover uncut of Christend om lt is said Lord Clarendon, in the communicat te whieh we have referred, intimated his intent ot increasing the strength of the African squadron; bat it would seem that, since the French govern: | ment bas adopted the African immigration aystem, ' @lavers om that coust. when they fal with one of ; be wy 4 ee Ae y neds ae | intercepted. Re-opening of the Slave Trade in a | | not | upen our African aqeaee: | thing like an that} ¢ NEW YORK HERALD, TUESDAY, APRIL 27, 1858.—TRIPLE SHEET. | without farther question. For onr own part we never been aceurtomed to place much reliance It is to our West Ladia 1 oeeustomed to look for any- ctive prevention of the slave trade; and we have been at pains to point out how slaves, destived especially tor Cuba, could be mos? surely It would seem that the Gulf of Mexico reqnires to be watched as closely as the Windward Parsage or the Gulf of Florida; that the cargoes of slaves to be met with in those waters are always destined for the slave mart at Havana, but that a depot. which is eagerly sought by the planters of Georgia, the Carolinas and Florida, or thejr agents, has been opened in a conve- nient neighborhood, in detiance of the American law and in contempt of the opiuion of any foreign State. ‘The British goverument takes uj very decided aud independent position. It has paren ptorily stopped African immigration, because be evils atiendant upon that system wonld hav: orerbetanead the good likely to result to our eolo- pies, and because England could not afford to. patro- vise or to participate in any system which might afford the opportunity for the Tev.val of the slave trade under any form. ‘The time may come when an African emigrotion may be resorted to with the best resvlis, “but that time hay not yet arrived England, therefore, as she has in this matter refrained from the appearance of evil, owes it to her colonies to see that they shall not suffer by the generosity of the mother country. Sbe cannot, of course, prevent France or America, or avy other Power, establishing asystem of so called African immigration, but she can direct her cruisers to board any and every sur pected vessel, in order to ascertain whether the old African slave trade is or 1s not carried on under the fitucy pretence of this new system. Of course it is in the highest degree advisable that the Foreign Offce should press upon the Arneriean, as it has already done upon the French government, the effects of the very great scandal -reated by the en- couragement given to the deportation of Africans, and the terdeney which the neglect of the Arneri- an Pxecutive has to unsettle the relations betweea the two countries—to cause another of those ‘com- plications” which should never occur between us. We bave strong hopes that such a representation will be attended to. If not, then it will be the daty of the British government to avail itself of every means at its disposal to suppre: system whiet is not only an offence agaiust civilization, but which ploces cur West India colonies at a disadvantage with ail the States and dependencies by which they are surrounded, and has already served to depress them to an extent that could ‘hardly be believed and will, if not interfered with, precipitates their ruin. SEC hav t thet we have ETARY CASS TO LORD NAPIER. Department or Scare, | Wasi DN, April 10, 1558, ( My Lonp--Your several letters respecting the Airieun slave trade have been received at this De partment; Lut I have been prevented from aaswer ing them at an earlier day by the pressure of other duties, and by the difficulty of procuring iaforaa- tion not e€ proper consideration. They have been submitted to the President, and Tam instracted to communicate to your lordship his views of the sabjects toey pre. sent for toe determination of this government. While i concur with your lordship in the opinion that the efforts of your government have been io- creasing for the extinction of this trafic, still [ lutst be permitted to say that its hope of the “hearty co-operation of the naval forces of the Uuited might safely have been entertained without ing to the example of Great Britain. The rs of the navy of the United Siates need no encomium from me, nor shall I prouounce enue upon them. But f aserre your lordship that when as. signed to the irksome task of watehing 4 long, deso- late and unhealthy coust, they will perform their duty honorably and efficiently without needing any | other motive of action but that which a sense of | dnty inspires. Bach devotion to the service is a part of their character, and of the history of their muntry. The United States have not been less anxious thon Great Britain for the extermination of this commerce in enslaved Africans, and they have given the most substantial proofs of this disposition by acts both of legislation aad of admin. istration. It the American goverument was not the fir-t, it was am enactments, and to prevent by severe panisument, the longer continuation of this traffic, which had be- come repugnant to the opinions and feelings of the age Lord Brovgham, in a debate in the Brituh House of Lords, when this subject wae referred ti this question & has | ly attainable, but necessary Cor their | the first, to prohibit by legal | | Powere within whose orminions ench markets ae allowod | to exist, Abd BOAR Ie y ®t orga upon al! enon Powers tae proprivty and Cnty of closing suct markets effe tual y, at once and forever, } | The obstacles in the way of the successful opera- tinof the bleckade system have been rendered sufficiently obwa YY the experiment that has beea | made. The extent und indentations of the coast, the inealubrity of the chmate, the paucity of the | civilized settlements, anti the want of co-operation | on the part of the native population, together with tle mensures resorted to by the slave traders, render it difficult, almost impracticable, tideed, hermetical- | ly to close this long sea margiu, oceapying the tro- pical regions of the continent. But there are other catises in operation tending to | ofiect the hopes heretofore so generally indulged of the svecees ¢f blockuding squadrons upon the coast of Airica. The same state of things which has sti- muvlated this trade into renewed activity by the in- creased profits attending it, bas produced a marked » publ inion in Earope, and may lead 1 inthe measures for its sappression. | The deficiency ot Jabor in the tropicus possessions of England and “France, and the conseqnent falling off in their valuable products, now constitute a sulioct of anxious inquiry io both countries. ‘Che lamentab!e condition to which those ones rth and flourish ng — lonies have been reduced une ¢ expectations which have not been realized, avd tie indolence and distress of the emancipated popula tion, present matter of grave refiection as well for the statesman as for the philanthropist. Means are in progress to remedy the evil by the importation of ‘aborers, but ef their precise nature, and of the ex- tent to whieh they have been or are proposed to be carried, the information which has reach» | me isnot as detinite as is desirable. Independe sty of the mippliee procured 1oi!<r quarters of the glose, it is known that meesnree with this view have beea token in France, t the approbation of the governmen' r their colonies with laborers by (Ai. ik * as it is called: and vd. ut those + have cbishe et jor ny be emgag fe n n tit not only “tren er +2180 who have been perviowly aves.” It is known that eccaunle ations ay ua subject have passed betwee the ty tisu and! h govera ments, and that the forrjer “would noi ot to the: French seheme walls the wants of British cole nies are bean erpved by the coolie trade.” It isalso known tha’ the British goverament, appre- hending thie jrveess of supply might prove an “indireet cbetacie” to the extinction of the slave | trace, bay a pg to the government of France to sibsivte “Indian emigration for African e:nigra- tion,” and that this suggestion i< now @ subject of discossion between the two govervments. Whatever guard may be thrown avound this plan of ageiwul- tural relief, it is stit! a doubtful experiment, neces- surily subject to great abures. And this appretien- sic is confirmed by recent events, and among others by a statement made a few days sinve in the British Lonse of Lords, where it was said that Thie system meavt noiting more nor leas than mar. cha ing egress ow the Onact of Afriswacd pretending to stp tem us free we proes, It was also said, upon the same occasi and by the same dstinguished speaker, that there was ul mortality among these emigrants, aod y wer trevted precisely as the skive negroes t ed nthe time of the African slave | The Karl of Malmesbury #aid: tween this new French plan of cari ving free negroes n7 the ol slave trae, thore eas a di-cincton withvat & ‘i and be need ‘ais noole | t overom if @uieayora | | Ve pra tice. ! | Whe inception and partial exeenticn of these mea- sures bave red an On able impresstoa and | ledt rin the pub ind that tue plan ‘ly prove to be bnt rforniof slave it cial reports: ha dd from | the American-African squadron © this opinion; and the message of the President to the Legistatare tv Deceinber Last still further | ing the apprebe is He states that its , and that the measur ung the native tribes with a prisoners and. their sale to the Bat it isnotat al! vecessarg uld enter nto the eonsideration of these ans of supply except so far as they bear upon the | estion of theetheacy of a bly rthe subject has ne other interes! States than as # general que tien, and however ex- tise to the capture Furopean adventurers, thot Ts! n tenrive in its operation still without peculiar appli- They have no tropical colouies re- iversity, and cation to them. duced trom a state ot prosperity to Which they seek to releem trom their i duction of invoinntary emigre ) atever forthe purpose of earry:ag on the ture. They have no necessity nor any design to resort to otner countries for a supply of forced laborers, whether coolies, or emigrants, or apprentices, or by whatever name der | of any laborers who, if not compelle to enter into distant s rvitade, are hy considerations little less ve | utter ignorance of the trae conditi enter This state Ners go justification for the African ela tien of pnblic 0j which hasal- actual force: plied thereto y things, white it trade, in- honorably and truly remarked that “it should be | ready made itself evident, and bas | borne in mind thet the United States, at tae very | which may umpede the operat earliest period they were enabled to dy so by the | ficiency of the squadron of. ol | federal Union, bed adopted the abolitioa of tue | reprension That this change | slave trace, and were . fact the first to make it | thos bron ght shout, and the eforts to repair in s acy for any of its subjects to carry it o: ay the evils that are f nod ir ef- But the test. method of eMecting ail Retswpes paltte oa ar and the practical problem of very difficult soluti e | doo in eotae quarters $0 dlentaich ol + in its way were | chat repugnnance to the slave trade whieh its natare sanguine anticipations which were iné + | an y 1 drenmstaness at-ending it are so well | medi xperience has ¢ | adayfed to inspire. But, ir ty ot th m i they have t ic both physiewl und tow on the part plist the ob- | rd States with a view to acce ject. Those exert it * + sh directed to the coas Africa fa ord the blockad: ctual, and ecially to ex amine e sels bearing the American being engaged in this trade, ‘or some years, and a to the expenditure of life w Dnt thix failure need not ¢ n | regret to ue + t has cost. « nexions hopes of Christendom, wi tlhey method of proceeding without the daugers and difficulti vhich beset a block: ade.and which ie sure to swe pted und perse vered in,and that is—to close the slave marts of the world, or rather of the is!and of Caba, whieh is now au the only region where the slave-dealer a amarket. If these onfortunate victims could not be veld. \bey would not be bought. Tv shut the ports of Cuba to their entrance t+ to shut the porte of Africa to their departure; and to effect this noting would seem to be wanting but te cordial co operation of the Spanish gocernment. The example of the tates ix suflicient to show that, however extensive # country may be, it can ve rendered inaccessible to tile evil by @ sound state of pubhe opinion, and by rcid laws rigidly executed. The introd ofa sivve into this country is a fact which I believe the present generation bas not witnessed : and Brazil », Wikh her long live of maritime frontier. has «ue- er legivlition, and by the faithfol execu- rescuing herself from the reproach ing ip thie great crime. ax well notional as + and it is due to the honorable course of vernment to state thet, on the ae ceeded by the Imperi. cation of the United States, it has lent ite aid wards procaring evidence necessary for the conv'c to tien of persons prosecuted im tai country for the offence of slave trading. The conventional arrangements which exist between Great Britein and Fravce and Spain for their mutual cooperation tn the suppres sion of the slave trade are very imperfectly known to me, but it is understood that Sin hos entered into engagements with Great Brit net with France also, that will use ber best ex ertions to prevent the importation of slaves into her dominions, Thie pledge, it given, has certainly net heen redeemed, thongt it i+ dificult to bel the Spanish government would resist or nex firm remonstrances of these two great Powers, or even of Great Britain alone. if she alone has the right, by treaty stipolation to demand of Spain the faithful periormance of duties which she has v: Upe tarily eomed ve nment far wor suis than upon the must rigor cus blockade of the African coast. The United States ha respceting the most expedient ineasures to adopt in Afica with a view to aid the of the 4 «ed by our respective governments t ald the conviction of their in ‘ red olject ind he discon: Bat other means have been gee y pers nately acquainted with the ave Iwho have watehed the slave trade er d whieh offer @nevaraging prosper ts vif ade; ted. These one relate to bee free colonial eats! reate barriers he aleo tot con +truct wt block houses, rise at p tion, at or rt « of the trade has n ‘ (inter heve T the Ashburton treaty vesion of thie t i he ulutl . ty if wily confirmed by ex- Bhereae, notwithstanding ore ebich may be mace ch the comtof Ale supprerey toe aleve to ce, the fecilines for carry teats aod aeoid g the vigilance of ort vent ues “ other teats 4 ibe tw we | for porswng i, Whie a market can be f . fiavee, 80 strong, ae thet ie depirn! f may ve g celayed uclens all but opanet the purchase of f can Begro to thie wonly agree nw they » bie bee A SIA Bea There is | & if) the course of the Spanish go | 10 sngzestions to make | 1 end which+ in the way of |) treaties (to which the United a | Rearing a pre £0 Hable to be abused, will never meet the concur- rence of the United States, whose history abounds with admonitions warning them against ita injuries and dapgers. ‘They bave no disposition to surreuder the police of the ocean to any er Power,aud they will never falter in their determination ty enforce their own Jaws in their own vessels, and by their own power, and to oppose the pretension of every other pation to board them by force in time of perce. Your lordship, while stating that it ia the habit of verre’s on the coast of Atrica ty hoist the American flag as @ protection against British craisers, remarks, that “this precaution does not protect the slaver from a virit, but exonerates her from sear! distinction here tuken between the right of visitation ond the right of search, between an entry for the pupese of examining into the national che acter of a vessel und un entry for the pire poe of examining into the objects of her voyage, cannot be pans maintained upon an recog: nized principle of the law of nations. To the former, Lord Paimerston, in his correspondence with the Americun Minister at Londo aiiad that “che ves rel must be navigated according to law.™ To permit a foreign officer to board the vessel of another Power, to wesume command wher, to call for aid examive ber papers, to pass judgment. apon h character, to decide the brood taquiry whethe js pavigated according to law, and te send he a pleasure for trial, canbot be sebmitted to by any ineeperdent exten withent injury and dishonor, The Coited Srates deny the right of the craisers of ary otter Power whatever, for any purpose what v0, 16 €: fer their vessels by forve'in time of peace. Noeneh right is recognized by the law of nativas. As Lord Stowell traly said: = Teap fc ne autberit® chat gives the right of tnterrap tion to he rar pst) tales uyon the high sea, exsape tet when re npn ar gives to Deltigeranis sgatoms peotaiw Noteten tar eck PeOLON Visitaliog aad seared uoep tie common aod spriatod parte of the ccesn Cxenpe npon che Deller 0 The President of the United States, annual message te Congress in Decombe Cenounced this pretension to detain and ¢ Americs as an interpolation inte the mrt time code of the world to which thi tes in his i would not submit. The years wh 2 pissed since this authoritative declaration, marked as they Lave been by repeated remoustrances azaiust these aggressions, while they bave added nothing to the strength of the claim, hive but to confirm the goverpment in their determination to oppose it. No change of pawe can change the illegal character of the assumption, Search or vi is eynally an as- sault upon the independence of nations, Mr. Webster in a despatch in which he investivated this subject correctly observed that waat +) Great Kritaia and the United States is known as the right of search, is called by continental jurists, the right of visit, and then added: —"There is ne such distinction ag the British government rnaintaina between visit. and sareb.” And he further remarked, “that the visita- tion of a vevel, to answer any valuable purpose, must often and necessarily lead, not merely to the sight ot vers, perhaps carried witha view to de ceive, and produced on demand, but to a search for other papers, and an inspection of the ‘log book wil g the previous cour: leveuts of the voy- age,’ to vn eXatmination into‘the lengaage an ral app evrance of the crew,’ ‘into the ¢ and ‘the internal fitwent and equipment of the ves se)’ Th matters. it is ob 4," he continues, “can only Le ascertained by rigoro is search. And the res originally urged by the gover for the asse hand prosecut pretension tarnish by their very mature 4 | grgt ment against its validity. It was contended. in its support, that with exercise the stipulations tain antislay trade ates were nota oar and “that th psof Chri eet (the suppression of the sigve not merely justities, but renders indispensal right now claimed and exereised by the Brit “And it w ty) could net be eptorce nthe hws of i might he set a e by her own subjects." And these conside tiene were formally pi tet to this government by the Briti-h government in justitication of this st- Bat fain oh the wld ed States, whe tempt t they arti tegrity it is the interest of the he weak te ntain and defead; ord they deny the right of any Power. of a artial combination of Powers, to interpolate inte iw any ne i however cow nt this rfound. And they derive neith:r conddence yeolution from the on to their yan eminent British statesman of tie Poreign Office, that ¢ vessels are not entered as their Vessels, “aor is itay Ameri at arch vessels ave ever visited.” The imma strong as wel as these merchant vessels depends upon the rightscr tet 4 States as one of the inder Powers of the world, and not apon the p mot vee of the foreign officers hy whom it is vio lated A merchant vessel upon the high seus is pro tected by ber national character. He who forciuly enters her, does eo apon his own responsibility. Une rlassume a national character to entitled, and ia « r false annet: be voted of a patie iuentity « the riv® of ene , “oO must the netional | ofa ver el Le determined ot a hike bazerd to him ne amstanoes whi J go far to om the complaints a nation weuld Love a right to make for seach a vivlation of iterovercienty If the board officer’ had just and with ful operation of +¢,uadrons of suppression, there feported fh important cor nected with | pt his te doing neo national ri whieh « jects for | yand y when satisfied of his the consi¢ tien of . The shove | @?rer, no nation we wld make such an act the subject | trade has been recognized by che nations of the | Of treme rer itis one thing wo do a deed earth as a lawful commerce from the earlicst periods | @VeWedly tlle it hy the attending cir j of history, When o i mistance or and quite a diferent hecome prev r j thing to elvim of action, and. the a very penern! desire for its abolition, me | right also of determining when and bow, and to proposed by the British woverament, and to some ex- | tenteatried into operation, which, f permanently established, might bave destroyed the tree commer. | clal intercourse of the world. “T may | | be wn ad by the toliowing re | neat Admiralty Judge, Lord Stowell, which are | equally honorable to bis widow and bis iadepen- | In the nof the case of a Preach vee Trelzed upon the coast of Africa, be b No pation ean cx relee a right of visiwtion ap Upon he commen ket noayproprreied parts of th | except frem the belligerent caim. Nw patton bee the | | riebttoforce ther way io the Nberaton of Africa by | Hampling upon the feeependence of over States, on the | presence of ap eminent good by mears the are aalawfal, Or 0 These forward W & great principle by ug | throng) other great prinerplre whiet staed ia wher way. | The principle involv thia aesaumptton of | pewer Was Jar more extensive than the immediate application. If established by ‘force or acquieswed in by general consent, it woud lave enable i every | govern tment to denounce sny branch of commerce— the slave trades, the opiom trade the trade in ardent | spirits, or any other interchange of commodities un acceptable to it--and to take measnres for ite «ap- | pression. The | les early romonstrated | | ogainst this dangerous pre and they have ccutinued and made known their opposition. to he claim oof any ryght of search, what- hever form this bas or = under whatever circumetances on exerciged; and they were not alone freedom of com: merce found an earnest and able advocate ia the ish Parliament Py the person of the Dake of Hington, who, in & debste in the Mouse of Lord, a the 10th of duly, 1°30, «aid The Cause fe quemtion mane Mt leefal w cetaln ang toe sels whawver ¢ ixon op the bigh yapers: 8 9 the persons exerer ing «y mereeter, infemptied intended that the © | the were Woe Of Vl the oe mseq iene wer te Earope ‘ , whether & nw jon ef thi pore before they ma Again. on the l0th of Avuyret, the Duke arked ] 1h ore @ell krown that with tie 1 “ner we td £0 Conventions, There ere, indeed, cipeemente tele by diple obing 10 show tte loot ¢ | Lert vo prevent che right of cet « paorre, wed if there See obo pole itot sey otber it was thet rele vescels Delowging tothe Von ae war tte preeees, but father w iwrue an oF a ceclar ation of wut 1h pasted, however, notwit The the duke, who said ar And weil did it re th t cave to the commandin the i ight to captare an «ie cugaged in the slave trade ntited to claim the protecting of th State or nation,” thy f ating # with a jarisdic as exte «to determine, hot merely the nut veawel, and the object of her voy violated the laws of her Jation has placed herself out of its prote wo disposition of every other power, Almeat all maritime nations have been extaged in the slave trade, tnd there are every wre ho wonld yet prosecute it if not deterred by the | tof detection aod panishment. Unadwihtedly ; cht vested in the armed criisers of ove State etop aud examine the i other, might be ra ete towerda the snopreesion trade, indeed ite exerciae mix mintey tim au v du con's words the anppression of other e-ines « bute t : ot this power of armed in ceve exerted at the expense of th rid. Such an oxen | tok | ed from the Afri | Tet of ve-ecls captured by whatestent, it shall be exercised. And this igno be distinetion so fer as the interest of this eoun- try ix involved, but it ia closely connected with an object dear to the American peepte—the freedom of their citizens npon the great bighway of the world. The British government same that an armed raf ther country, possosing a right ander the w of nations to enter a merchant vessel of another Power for a epeciticd purpose, has the right also, such entry having been # 1, to convert it to i very diferent purpose to the eaforce: the claims of Great Gritain, without any avewed limitation of the extent to which this dau- gerous power may be cc rried. The of such an authority, if once obsoxions to need examination, in their practical opera: commercial Powers of jon to resist it, Should er tion net te anite th the world in a firm determi this clair of visitation become a part of the law of nations it would evable a boarding officer in all realter, during both peace and war, as the claim has done before in time ot ear, forcibly to the citizens of another Power from ite own vee sels for the parpove of serving in the British navy. But the privtiple of thie inquisition aud conver: sion of indefinite extension, and in the Progress of events may be used to sabject the car- go as well a the crew to the claims aad regalations of a foreign Power, thus destroying, ia eifect, tue free intercourse of the world Your lordship has com ausicated a litt of vessels suid to have been American, and to have been ea- gaced in the slove trade. This list [have no means of verifying, but the statement, even if accurate, would serve but to show that Uw laws of the United States are too often eveded or violated with impani- ty_esure the lowe of every other country. There is one oy ark, however, applicable to this branch of the investigation which cannot have escaped your ebservation. The prosecution of the slave trade ie now etimalated by extracrdinary oe nd additional capital and enterprise are poth embarked in ite pars No doubt many vessels constructed in the United States have been parchased by for ieners and en- There is a clas of American ships fowed for their speed, and these are eagerly pong ht for th urpose. Wut as wae well remarked by Lord Bronghem, people thas diqpodag of their property are no more answerable fur the pur: esto which it than an Koglish ship who eld vessels constencted fa tte were afterwards a atched to. th Africa. Our laws prohibit and provide ishment f wf ontt of veetole foe tly | slave trode 2 proper officers are frat vigiler @ their exe That they rove the ot and tt nd where ix the net set at pidered i the pr find it voyar home ty the of heyoud te jas MH as hy formally Arner ymover report ¥ last, that ia craisera, which ating TH. 8 8 is pre bem hy name and b Upon this en wh coat, in Oetol British it com eels war prepared by the Liente M. steamer Antelope, and vered hy Commodore Wise to Commander MeBisir, are mentioned several ! Byanieh and Portuguese vessels, which “sailed under American ra, proving on examinat to have coo frndalently assumed.” = Aud Commodore the ported that in moat, if not all, the caves in h the American flag is need in thie traffic, the are manned, not by Americans, bat hy fo- The | el, and bold on to that | American citizens, Phad the information received at this Department induces the belief that by far the gicater portion are owned in Cuba, were many are fitted out and peppered for their work, aad with a pabllalty which holds in coutempt the illegality, as well as the immorabty, of these expeditions. T have no doubt but that your lordship is correct in the statement that the American flag has been fraudulently assumed by the vessels of other nations engaged in'this traffic, "It isan abuse to which all flags are huble, which is inseparable indeed from the treedom of the seas, and in a debate in the British Houre of Lords, on the 16th March last, it’ was said by an eminent member of that ne “that the ny French flag bad been made use of Spanish slave dealers to cover their uefarious traffic.” it is quite probable that a more accurate examination than I have the means of moking, might show that vessels English built and English owned, have also been employed in pursing this illegal occupation, justified in thy suggestion by a fact which has jast come accident ally tomy knowl dge: it is the prosecution ia Eng- lard of an English vessel which had beea thus eu- gaged. Since the receiptot your note, and while look- ing over the London Times of December 11, 1857, I observed the ‘ane of the trial of a vessel (the New port) for participation in this traffic. It was before the Judicial Committee of the Privy Council, upon an appeal from the Vice Admiralty Coart of St. Helena, which had condemned the vessel. The ulti- mate issue is not stated, but there is no doubt of the guilt of the partie: Other similar cases might probably be found by even a cursory perusal of the publi-led proceedings of the tribunals having jurisdiction over these sub- ‘ects. Human cupidity is confined to no one nation, and it ix too often gratified without regard to legal or moral duties; certainly without regard to political or geographical boundaries. Some time since, in conversation, your lordship remarked thet the force which the United states were bound by treaty to employ on the coast of Africa, bad not always been maintained at its fall complement. I was not aware of the fact autil my attention was thus directed to it; but on making in- the proper quarter, I found and also, as [ have already int ish government were in the same pre- their squadron net having always possess: ed the strength required by the treaty. [assured you also that Leould not ascertain the canse of this de- fi ut that the*requisite appropriations had annually made, and that care would be taken to prevent asimilar accident hereatter. Your lord ship has thought it proper again to present this sub- ject in a more formal manner, thongh after the con- versation which passed between us, aud the assur- ances 1 gave, 1 did not suppose you attached sulfi- cient importance to these accidential omissions to ra renewal ef the subject necessary, more eape- ally ax Great Britain required similar “forbearance on the pert ef the United States. Your lordship has been unable to ascertain the cause of this failare on the part of your government, but you coajecture that it may have been owing to the demands of the Crimean war, und to a chaage in the class of ships employed. Certainly the instances of accidental non-compliance by the United States with the treaty étipulations, some of which had occurred years since and had passed without complaint, might be regard- ed with equal charity, Both parties have failed literally to enforce the treaty, and the work of snpe- rerogation in ntainiug daring some years a greater force than is required by it, and whic! is as- sumed by your Jordship as an equivalent, and may be to assuned by the United States, does not repel | the charge of a non-compliance during other years when the fo was less than the treaty required. But I repeat the assurance already given, that the requisitions of the treaty will be faithfully observed by the lt J States so long as it may con- tinve in force, But while renewing thts assu- rance, the President trusts that such instrar: lions will be issued by your government to the Eritish naval cfficers employed upon this service as will prevent ad interference with American mer- chant vessels, and thus prevent the recurrence of | those cavses ef complaint which during almost tventy reors have been often the subject of remon- strance upon the part of this governmtnt. The United States have a legitimate trade with the West- which is already important and is wnonatly increasing in value. The articles ex- | ported from this eonutry are exchanged for pala iI, ivory, hides, dye woods and other prod tions of that extensive region. Vessels lawfully en- gaged in this commerce and approaching the sus pected latitedes become themselves suspected, and will be bable to vexatious interruptions if this claim forcibly to beard and examine thea is onee estab- listed. The evil has already been felt, and if the practice is not discontinued it will go on increasing, not only in derogation of national rights, but to the serious’ injury. perhaps to the destruction, of this branch of American commerce. The very natare of these interreptions almost necessarily leads to alu rding ofticer is supported by a com- if t force while taking the command of a foreign merchant vessel. He pursues bis examination at ure, detaining the vessel if he think proper, and ding ber in for trial if ne tis not necessary to purece this recapitulation, a+ cumstances attending this naval inquisiti well known, #1 d have been rendered familiar to the people ot the United States hy crave occurrences ia heir history. Such veratious interruptions wuld Ko far towards the annihilation of the growing com- | merce betwoen the United States and Africa, lear. — ing it to be pursued by the more fortunate ad- | venturers of other nations not” exposed to | miler pstruct ons. And the = interraption mey be accompanied by cirenmstances little com- atible with the eontinnance of those friendly feel- ings which now happily unite our respective coun- tr Ap occurrence of this nature bas jast taken place, if the report from Savannah now going the round of the papers is correct, that aa American | vessel, (the N.B. Borden.) engaged in a lawful trade, was Bred at by the British steam vessel of war, (the Styx.) onthe bigh sras off the coust of Caba and for- cibly detained and examined. The report may be incorrect, but | have written for the necessary infor: mation. and if Tfnd when recetved, that it corroby | rates the published statement, | will communicate the result to your lordship, with such representa- tions as the crew call for. Bat it is obvious that a © may ocenr at any time when a Br wel meets with an American merchautman, so long as this pretension | J. Your lordship disavows on the part | t the right Britich cruisers to erican vessel, even if found engaged in the slive trade In view of this disavowal 1 am comprehend why an American veael | ed upon the high seas should destroy | the evidence of her nationality, and suffer herself to | be captured, when by maintaining her true charac: ter, she would he beyond the control of any cruiser, except one of her own nation. A despaten from | the commanding officer of the American squadron Hyon the coast of Atrica, (Commodore Conover,) to the Se of the Navy, dated October 19, 1857, throws it tpon this subject, and shows the danger of abuse which surrounds this whole He states that American teens employed in the slave trade have been encouraged by the officers of British cruisers to throw ther papers overboard in order to avoid the punishment of death, and have been thus token without any evidence of nationality. The reason asigued for this procedure is said to be that the ponishment of this offence by the laws of the United States being death, persons found committing it under the American flag, if they cannot oan is prefer to be captured by a British cruiser, with chance of impunity, or at any rate of a less penalty than capital punisliment. ‘The erew is landed npon the nearest part of the coast, while the vessel is sent toon Admiralty Court for condemnation, and the oeveds, or a considerable portion of them, distri- sited as prize money, and an allowence made for cach of the captured saves. And euch slaves, it ix derstood, are transported under prescribed regala- tions, defining their condition, to the British tropical posteesions in America, How far these re: “ons may afford adey tection to the imported laborers, I have not the means of jadving, bat [ ob serve it was stated by high authority in the British House of Lords, on 16th March last, and not contra- dicted, that a law had been passed in the is'and of Jamaica, called a Vagront law, the veal object of which was to reduce the fore negroes in the ‘oland to Commodore Conover states that till he as ed the existence of this practice, he could not mnt for the numerous cases of vessels “without T papers” ta by British ernisers. And I observe in the list of vesele reported by your ford hip to have been captured, that some ef them are stated to have had no papers, The papers were nod s disposed of in the way wend with the view deserbed by Com. Conover. owing extenct from his report will | explain as well the abue the dangers of this armed interference by foreiy cen vessels; and it) shows a condempation of the vessel is a nearer object than the punishment of the crew. After reporting the coptore of the Bremon, beariyg the American flag, Commodore Conover says that his eeizure appears to me o met of venslly adopted by Hor Britieh Majosty'« cruisers on tht comet to secure a9 prizes Americus olavers, and thay serve fo explain @hat defore seemed very strange, | that Fo any veaeels should be reported by the British | om nanders as having been captared witnout flag or yepere, Commodore Conover also enclosed the report of Comn ander MeBlair, commanding United States sloop: fwar the Dale, who had sent two of his cer, Lieuts, Pelot and Davidson, to Commodore eraisers with Ameri- 0, that sometimes the yen inetanes of the | Wise, n command of the Vesuvin which vessel the Bi men had been captured, in order to ascertain the tre eireumatances of the case. Commander McBlair reported that Commodore Wise said to Tent, Pelot, that when the Vesavins neared the | thia latter vessel hoisted Americaa colors and hove to, Com. Wise boarded her in person, having season to an] that the vessel was ve trade, informed her commander, who | | amination; and in th | of the corresp ee appeared to be a Portugnese, that it was his in. tention to take the vessel, and that he did not wish to ber papers, at the same time giving him bis choice whether to be takeu under the \ne+ rican flug or otherwise. The Captain made some unintelligitle exjcesion about being taken asa pirate, and the mite bauted down the colors iunmedi- ately. The papers were then thrown overboard, aid the vessel wus seized as a prize “withoat colors or ret ery and crew of the veesel, with the exceptioa tbe cook, were Linded on the noar tnd the was eeot to Glerra Lease» PArt Of the coast, Commander MeBlair also reported that Liev t. Davidson asked Com. Wise whether, in the event of his mecting with an American slaver under Aime can colors, and bearing genuine papers (which of course she would have obtained whea she cleared for other purposes than slavery) he would use means to induce the sepa ty throw his colors and pa- pers overboard. He replied——" Well, Lanight stretch a point and tell the captain the Dale was just near at hound.” Com. Conover immediately addressed a letter to Rear Admiral Sir PF. W. Gray, the British commanding officer ty sos the station, protesting against this action of Com. Wise as an erference with the rights of Americans to take and bring to merited punishment those who, while they bear the flag of the United States, offend aguinst its laws, and protesting against it also for other just reasons which he urges, growing out of this assumption of power. I donot doubt but that this subject will engage the attention of your government with a view to the correction of the evil, IT have already informed your lerdshto that I have not the means of “verifying the lists of the vessels which you have transinitted, nor of ascer- taining whether the rights of the United States may have been violated by the capture or condeniua- tion of any of them. Bat the circumstances report- ed in your letter of 17th January, 1358, respecting the vessel the Louis McLane, are sufliciently grave to call for an investigation. You state that th’s vervel, sailing under the Americao flag, was captured My her Britannic Ma, 's cruiser, the Alecto, and that her papers were “ot a character to fraudulent or impertect as to constitute no evidence of Ameri- can pationslity.” Tt is not shown what was the na- ture of the pavers, nor in what the fraud or imper- fection consisted. Tam at a loss, therefore, to un- derstand the ground of justification for the capture of this ves el, mere especially as she sailed with ye- gular paper \rnished by the Collector of New Oriewns; wot Loan perceive no motive the captain could bave bad to replace these by fraudulen’ or im- periect beree. while still claiming American na- tionality. When E received your lordship’s letter calling my attention to this case, T communicated a copy to the Collector, requesting from him the ne- cessary explanation. He informed me in answer that, having reason vo suspect the illegal destination of the Louis McLane, he caused her to be watched; but not being able to” procure the necessary proof for her condemnation, be granted her a vegular clearance, ind at the same time. agreeably to previous arrangements, he telegraphed to the captain of the revenue cutter stationed at the month of the Mississippi, instructing him to over- haul the Louis McLane ond to examine her tho- roughly, and, to adopt the words of the report: — If he found cvicenes to jusufy the saaoicions I had en- tertained, to take charge of Une vessel aad bring ber back to the city. The result was the arrest of all the persons on board, the return of the vessel, the discharge and careful examination of her cargo, the examination of the vesseland her equipments by several experienced sbipmasters, (some ot whom, baving been on the coast of Africa, were competent jadges), and the in- ituti al proceedings against both the vessel rested. In these proceedings every the most careful and constant at- ct, to convict the parties aed, ‘The accused were defended ased on the preliminary ex- tion against the vessel, ale though to my mind the evidence was conclusive, the overnment failed to obtain a verdict. The case was, owever, so clear that an appeal was taken trom the United States District Court to the United States Circuit Court while the vessel, released on bonds, proceeded to sea. Tappend a copy of the letter, not merely as an act of justice to the Collector, but also because it showy the zeal and efforts which are used to enforce the laws upon this subject, and the duli- culties the officers have to encoan‘er. The Collector, as your lordship will observe, desires copies of the pers to which he refers, ax they may be asefal in he further judicial proceedings at New Orleans touching the Louis MeLa if in your lordship s power, [ should feel obliged if you would have the copies forwarded to tais department, as it i+ impor tant that the circuthstances of this capture should be fully Known to the goveroment, that such measures may be taken with relation to itas the facts when disclosed may call for. e papers will ultimately be forwarded to the Collector. Tn cenelusion, | am instructed by the President to inform your lordship that, while he is determined to execute the treaty of Is42 with fidelity and eM. ciency, be is net prepared under enisting eirenm stances to » any new stipulations on the sub- ject of the African slave trade. Ihave the honor to be, my lord, your obedient rervant, Iaowis Casa. To Loxp Nariee, Envey Extraordinary and nister Plenipotentiary of her Britannic Maje and the partie: effort was made, b tention to the sul and condemn the by able counsel and re! OTR RELATIONS Witd caivA, Letter from Mr. Secretary Cass to Lord Napte Derantient ov Stare, } Wasmincron, April 10,1857. f My Lorp—You are aware of the cireamstances connected with the organization of a new adminis tration, which have prevented an earlier answer to ovr note of Lith ultiwos bat L have now the honor 0 acknowledge its receipt, and to communicate to you the views of the President upon the subjects which it presents. He fully appreeiates the court of the Parl of Clarendon, in directing that there should be laid be- fore this government the copies you have tran mitted once in relation to the existing tate ‘aod te the measures proposed to fe ohpcte to he attained by the s the ! nd Freseh forges in that He bas row) these papers with much in of things in Ch In recent conversations with reference to the policy of the United Stites ix China, | made known to your lordst « 1 had previously done to Connt de Rartives, the Fronch inmister, the general views of the President upon this subject. I now proceed . by his direction, to communicate a more formal answer te the propositions submitted on the part of the alled Powers and embodied in Lord Clarendon’s letter to you of the 9th of January, and in your note of the T4'h ultimo. In the latter you ack that this government, “on a due consideration of the rights which they have to vindieate, and the interests they have te protect, may be enabled to grant Great Britain that concurrence and active co operation which the government of France has ak ready accorded, and thet they will authogize their naval and political wnthorities to act heartily in concert with the agents of the allied Powers.” This proposition, looking to a perticipation by the United States in the exivting hostilities against China, makes it proper to remind your lordship that, under the constitution of the United States, the Exe cntive branch of thie government is not the war- making power. The exercise of that great attribute of sovereignty is vested in Congress, and the Presi- dent hasno authority to order aggressive hostilities to be undertaken. Onr naval officers have the right—it is their daty, indeed— to employ the forces under their command, pot only in self-defence, but for the ion of the persons and property of our citizens when exposed to acts of lawless outrage; and this have done, both in China and clvewhere, and will do again when necessory. But military expeditions inte the Chinese territory cannot be mndertaken withoat the suthority of the national legislature. It will be obvious therefore, to your lordship, that it is not competent for the Executive to grant ‘that concurrence and active co-operation con 80 desirable, nor to give orders to. the naval officers of the United States io China “to act heartily in concert with the agent of the allied Powers.” The intercourse between. this country and China is, and must be, a mere commercial one. We have, of course, no political views con nected with that empire. To furnish protection to the persons and pro, erty of onr citizens, and to ex tend and ine the tactlities for commercial opera- tions by arrangements with the government, and by hful observance, leaving to indi torake the mostof the advantages are the objects which the Ameri- «eks to obtain in its intercommunt rom the pecaiiar maxims and mode of admin m of the Chinese pov went, and from t Ignorance and prejudices of the people, the condition of foreiguers is frequently insecure in that country and treaty stipulations are too often violatedk No doubt, alo, the ee manners, in aru d, between ' diference in language aud very trait of national character eof the West and the in- ils to the difficulty of cordiai intercourse and increases the chances of collision. True wisdom. therefore, dictates the ohaervance of moderation and liseretion in onr attempta to open Chir a to the trade and lntercourse of the world. Te be sefe and successful, the effort must be the work of time, and of thove changes which time gradoally brings with it; and J fully concur with the senti ment expressed by Lord Clarendon in a despatch te Kir Jchn Bowring, in which he says:—" And per- haps totil a more extended, though still limited in terconsse between foreigners and the Chinese people makes them better acqnainted with each other, the former could not penetrate with sefety into the in- terior «f the country.” Bot the objects had in view are none the lesa ime. portant becanse they may require time wd modore