The New York Herald Newspaper, February 18, 1860, Page 2

. NEW. Y the consideration of the ot! The carryug wade wt & Drauch ‘of employment to all neutral commercial Powers, It | pecuiarly so to this country ‘rom the enterprise of its Citizens, and from the facility with whicn they devow | themecives to the pursuits of navigauon, While conced- ing the authority of beligerent natons to relax the rigid privcipics of war, so far as regards their own rights, aud K 2 HE RIGHTS, oF w1 ‘The AmericaD goticy in Regard te the Rights © Neutrals on the Ocean, eenrenennrennnerngias for the United States. t to exempt other aay Lg pevaiies which TA ited States=T’he Neus | might be enforced it for such concession, lo Wansey of ATR wbetber this is done for @ consideration oF wal Fiag Protects the p=. o: Newtral Vessels an 4. seumption whtbout ft, those neutral nations which are prevented from being parties w euch ao arrangement bave 4 right to insist that it shall pot ocoessarily work wo thew tojury. ‘This dictate of justice w be palpably vivlated in tho case of the Unites States should this protecung claase of the Parie Conterence vot enable Weir vessels, when oeu- tral, to shield from capture the property of Deligerents a feight, Such an immunity withbeld from thie CouDLY WODIO, ID tact, opera ao preminm granted to Other Lauens, and would be almost destructive of tat in. portant branch of our pauonal industey, the carryta Wade. It opght pot to be expected that this Coantry wou! quietly acquieece ip such aa iuvidwns disunction; wad the expectation, if indulged, would bs sare to be disappoint. ed. The United Siutes, indeed, deciwed to become & par ty to the Paris Cop'ereuce, though that etrcumatauce doos ot affect ube poeition they occupy. Tpey did a9 tor the MOFt satisfactory reusous, because the propositwos were | bend of War—The Militury Character of Coal—Determipation of Our Govern= muent to Consider it Contraband of Ware Meepadiation of tue Right of Foreign Mations to Declare it Otherwise, “ &e, ae Em perUant Letters of Secretary Cass. We publit’n delow'neveral letters written by Secretary ast to Miy istors Mazen and Dallas, and also w Lord Lyous and Coun), Sartiges;the British and French Munsters 0 the | ov civieinie, and brdaute they were required to surrender Uniléd S/ rates, on the rights of neatrals on the ocean, and | q moce of marime warfare _Deoalinrly | adapted t0 Also in” -egard wYho slave trade. They will be found pe- their condi mand. puranls id SImRNAl nS a@ntiar’ y intereating to those interested in these two 1MpOr- | Py ueitione went woo far, dub because | thay did n, that this? country felt it to be oid it concurrence from the acts of ibe corfereuce Tt envoedes, however, that while Canning to participate a8 a neutral Powor 10 this exem)- Nien, itis bound when @ beliigereut Power to respect we eame princioie. recogmzipg ité general obligaion. As (ar as reasebubly pracucabie, she eve ef war should be con- fined to the parves eogaged io tt, and neateal nations have a ngbt to cemane that their interests sould pot be aftccted, Upleee ®Len Drougot into contact with hostile operations fairly avapted to promote the submission of an ‘Thit just barrier against the passious of nations found litte practical tavor in the progress of thetr seeprions, and the result has béem the totrotuction of other causes of troubie, which it were wige to examuc m!y, with a view to avert the gerions cou-equea es which may be anticipated if no such effort ts made. Tos system of block« a thé doctrine and practice toacbit contraband of war bave been fertile suurces of these dif culties, bot Only in conrequence of uo and oon- wracictory manver ia which the subjects ero comadered, as well iv juin] decuious as in recelved treaties, by elementary Writers on public law, Dut also in Oousequedce of their peeuimry oilousive character, and of the irrita- tion they are suis to oreduce. ‘Almost ir Guite Lave heey the questions to which these subjects, unére eBpecially thewe relating to coptrabend of war, have given ro, abd human ingenuity has been ex- bausted in efforts to reconcile the tutinited seizure of neu- tral property and its nopropeistion tw the purposes of the captora with established principles, loose as they too often are, Which, while they recognize certain rigots of belnige revis, pose reasonable restrictious on their exercwe, in the expectation, va'p it is wo often found, of preventing their wbuse. But the contest bas been wn unequal and 6 josing one between the power of configoatiou and aypro- priation ‘and the prohibition of the iuteruational code, Appealing for its sanctions only to the consciences of na- hops, The huckade of an enemy's coad, in order to au intercourre uth neutral Powers, even for the mast perefud spose, ia claem which gains 10 udidutimal strength by an investigation into the foundation on whvh i rests, and the evils which hare ac mind vs exercise call for am efficent remedy. The tnve Lof « place by eee aad land, wah 4 View to ite reducth n preventing it from reeeiving sup- phes of men and material p+ceesery for ite defence, is a ‘egitmate move of pros:cuting bosulives which canvot be bg vs war's recogNIZed as an aroiter of naonal diaputes. “But the lockade uf @ coast, or of com- mercial positions along tt, vuhewt auy regurd to ulterior maltlary operaituns, «nd with the real devign of carrying on a war ayant trade, and, from ws very nature, against the trade «f peaceable and frundly Powers, instead of a war against armed men, ts d proceating which ts duficull to reconcile with reason or taith the openvns of modern times To watch every creek aud river sod harbor upon an oc~an ‘ronner, order to "seize and conilycate every vessel, with itt cargo, attempting w enter or go oat without any cirect eflect upon the true objects of war, ie a mode of concucting hostilities which woutd find few advocates, if vot pow first presented for consiseration. Unfortunately, however, the right todo thie bas @-en loug recoguized by the taw of nations, accompanied, mavea, wilo precantiouary conditions, int pded to preventabuse, but which experl- ruce bas shown to be lameptabir-inoperntive. It is very de- vireble, therfore, tbat this conBtant source of irritation ia ume of war should be guarded agatpat, and the power to interrupt all julercourse with exteusive regions be limited and precisely d+ fiued, ‘before, by # necessary reaction, its exercise i@ met by ap armed resistance. There can be bo reasonable doubt but the original theory of biockades was io cooformily with the views herein suggested; that if, they were considered as mili- tary means to reduce invested wlacos, and upon this nar- row foundation the tmmense au actare which now overshadows the commercial intercourse of the worid has berm erected from time to time by balligerent Powers for their OwD puryuses. Oue.of the most emiuent juris- consults of thie country, bith jn character aud position, Judge Marshall, when Secretary ef State, in bis roetruc- tions dated Sept. 80, 1830, to Mr. King, thop our miotgter not go fur enoug! is duty to with ¢ mnt | questions, reflecting, a8 they do, the policy of the Unite @ States in these matters. The documents are writ- ten $0 a straightforward manner, devord of toa: verbosity an@ techniorlitics which characterize the State documents (f ¢ @er ptions. We have, therefore, given them place in ‘OW > egbithas to-dey -— ‘MR. CASS TO MR. MESON. DEPARTMENT OF axe} ‘Wasurscrox, June 27, 1859. Ser The ment of the United States has lear “wh. much concern that a war has brokea out in Europe ‘wich threatens in ita progress to involve other Powers eait-we become one of the mort eventful contests in which maodern nations have found themseives engaged. Toc uf the United States is essentially pacic, and npiu csent occasion, as heretofore, they will faitbfuliy ‘their nevtral duties, determined, #0 fartas de “upon themselves, to preserve the most ami relations with all the powers engaged in fv aly. Thig determioation wil! be communicated to ew :b Of tv se Powers, and you will make it kaown to the go- ‘ves ment of hie Imperial Majesty; ant in doing #0 ye take caro and express the coniiieut expectation of the Uidaed States that their rights wll be respected by Franse ‘wich equal fidelity. There is reason to apprenend thet in thm progress of the war questions adecting the rights of spearal ations upon the ocean may present themselves eonsideration, aad whose peaceadie solation may re discretion a8 well as forbearance. ‘The tendency Of modern civilizati ym aad Imorovement fa to mitigate the calamitks of war, aud the progress of apinion bas introduced important meiivrations int the moce of its prosecution, especially upon lana; but, anfor tunately, fimnilar Deveficent changes have not dven ai mitted into maritime war,#o that the code which regu lates these contests yet contains priuciples of action bot adapted to the sentiments of the age tn which we live. 1 Ia deswabie that, dy the general consent of independeus Powers, modifications sbould be mae tn tnego onjeciioan wate 80 @8 tO acoommadate Loem to the existing saawe and algo that the rigats of belligerent ow Wane should be restrained with reasonable hunts auc @afved with dve precitien ‘Chis desparch will make known to yor tho views of this FPMEDt concerning these F hj-cts; apd it is deemed fant that they should de comainieated to the Pow ere of Europe principalty interested iv the weighty q Mons they involve, and that each of those Powers shoul Be requested, rot ovly tw co operate in tae effurt to avcom pea wis work, bot also zealously w exert its iuflu eBoe With other States to induce them w concur in tne ed measure, which appeals by ao many grave oou ravens to the feelings eed jucgment of the age, The various repreeentations ot the Uniwo Siates the Euro pean petions will, upon all fitting occasions, explain thea views to the governments to which they are accredited nd will invoke their aid towards the attainment of th indicated, and at the same time they will commu Bate for their information the views entertained py country of thoge points of mternational jaw presentes Sas “Jetter, which the United States coosiier eeub- Bahed ‘and entitled w the support of ali other Powers. ‘Yeu are desired to carry into effect these Insernctions at fe Imperial Court of Fravce, and to keep this departroent formed trem time to t'me of the progress and prospect. @f this attempt to reetrict ube evils of war, and to enlarge fad recure the bieseings of peace. This obvious that the commercial Powers of the world 4 with no Wttle solicitate the sadjeot of nevtrai mighis; and there isa general apprehension tbat preten may be advan duripg tov exiting war which mmay tmperil them. And itis equaily obvious, from the ‘Seepper of the age, that the preseut 14 uo safe time to assert and enforce pretensions on the part of beliigerent Powers, Wieurg the interest Of uations at peace, unk: ch pre: tensions are ciearty Justifed by the Jaw of nauous. Ar oviniont of that code bare become , yet there jee general sense cf the @uty of submitting to the objigations binposes. But those Sbiigations to enmure Obecience must depend, not upon @oudtfal construction, but upoa clearly expreasea | at Loudon, lenos bis bigh authority to this view of the aub- Tasguoge, defintug with reasonable precision the | ject. *‘On principle,” he raid, 3t might well be ques- ‘and dubes of tue indepemient parties in the | uoned whether this rule-can be applied to ® place not com- existing between them. It is uvyortunate tha: | pietely inverted by lens as wel yy sea. If weexamine ‘warious claima pave beev advanced and enforced by bdel- Dgerent Powers in she prosecution of wars for waich w ‘would be vain to reek any suilicient justifsation tn thé Jaw of watered tos con ideraticn adda to the im- Pertance of rome acceptable arrangement by whicn this genres of apprebension may be removed, and all vanger @f collision avoided by clearly defiuing the rights of th gariies in all doubtiui casos, If the belligerent Powers Should substitute Ueir own views for the fair provisions af the general law, the mort rer-ous consequences may be mpprenended. Tt besormes all protent goverpmenss eo gaged in hostihties to take tl ideration tbe sctue. Sondition of public rentiment whenever measures of doudt Bal eheracter are proposed, and satisfy themselves nor Qnty thut incy arc also practically exponient. There are three principal subjecta connected with the tights of belligerent and neutral Powers which require the ‘Swepacsiovate consideration of wll governments desirous of epting the most serions complicats These relate the condttion uf an encmy’s property found on bard hs vessel of a frit, and wo the system of Vlockades ead contratand of war. With respect (9 the tio last, the Oone? Gates covsiver it of the utmost importance thet Mey shoula be £0 reguinted enc delines by general oon Bent ax to leave ho couvt respecting the questions they waphrace, when there cali for practical adjustment. With reapect to the protection of the vessel and cargo ‘Wy the flag which waver over them, the United States look epon that principle as extatlished, and they maintain that Belligerent property on board a neutral ship is not liodle to eapture, and from existing indicatione they hope to receive @be general concurrence of all commercial powers in 4Bis porition. Whatever difference of opinion may fhave heretcfore prevailed upon this subject, it is certain @aat the claim forcibly to enter ‘@ neutral vessel mmd to seize the goots found pares upon the Mogation of their betng the property of an enemy, was Soo urees ‘ata period een the’ pacsions of Delligeronia were hitie reetrainea by the dictates of humanity or ro- and when the question how an epemy could be ia- Qered} or rather bew b:s goods could be seized, was a @pouch more acceptable ooject of research than why ® @etend sbould bespared. Almost from the first attempt Be meorporate this doctrive into the maritime code of the work!, i bas been denounced by eminent pubdlicistd as Satiacious in principle aud unjust and dangerous in prac tioe. and the repr: to it bas gone on tnerearing tril Ste advocates dave al: nap peared. I believe thatevery moder: commercial navion has practicaily repudiated it by emftering into y Slipolations, either temporary or per for te abandonment, and fome of them, y the lengue known as tho argied nea traitity ane b, is resistance. The ojposidon of Hol and to it bas Ren el most uoremitied. The principal Powers epgsged in tbe Crimean war—Great Britain UPrance and Russia—py forma public declarstions ayowe: @beir adherence to the doctrine of immunity and their de- Permination to reepect it, France and Ruesle absolutely end without limitstion of time, and Great Britain ‘ior the t,’? but for a reason equally applicable to all mes Eeceattcr, and which wit! at all timos cali for uniter cou. woarrence. This measure is adopted, saya tue Britsh do- @taretwn, “to preserve the commerce of neutrals from ge unnecessary obsiruction,” &e. Experience has weil Bown the justice ct ibis desiguation and the wisdom of ails precautionary arrangemevt. No disposition has been wmanifexted by any of the States relinquisning this proteo- sain to resuire fis exercise, nor is :t to be expected that if woch an fort were made it would be tamely submitted a. Oortested and invidious Powers are oot t b= thus gmathoritatively abandourd end then again called into ser Hee, at the intereet or caprice of any nation. The coun: @ties engaged in the peuding war have adopted a muah Wiser polwy. They hold on to the power of Uw flag ov prates Boch vesel and cary from rll vielation, and have pro alamed by public declarations their delermés tion to respect Be princizle of exemytion 20 happily etatlished. And well BB hi Wo the general tpterest thar tha ie haa been ren dered to the opinions of the age. The stopping of neutral ss@eaeels “pon the high was, Uwir forcitle exirance ard the overhauling ond exammation cf their cargoes, the seizure of Prete freight at the will of a forewgn officer, the frequent tn- Of their voyages by compelling them to change their ponerse cy order io vek redress, and, above all, n of jurisdiction by « forvign a’ Son been epeiy tamed the ctchrson ff dependent State, and with oi! the are so p ee accem) the erercse of wnlvmated power, where respom: Dal-ty is remote—th ese are wnceed serous ‘ sections,” lutle to be submitted to in the present sta. wut a formdatie cfort t» prevent them hop smecestarily Jead to the establishment of a potice upoa ws great highway of nations, to tne transfer of jurisdiction ‘j-Over its own vessels trom the country to which it balongs ‘po other Powers, who may exercise tt for their own pur. te a Far betier would it be to encourage th» freest ayn. m of commercial intercourse, both im peace and war, Wan to evcounter the calamities, which would ve gure a: 2. Ws day to attend the atiempt to revive ciaim ta obatruct th ¥ trade of the world. This goverpmont is satefied that po Such design is meditated, sud under the circu 2088 the _Uwited States feel justfir considering the fri¥dom of geeuuts “al vessels from interruption, when carrying belligereat propo’, an ‘established princiyie af tnercommuntcation whee ought to be respected as such by ail commercial na- ore. WS here is anothor aspret under which thie snbdject ‘n.'6 Meelt, and which coullrms this government tn Bee Tteeoruion Wt has Formed and. In the eXpectation that ether Pow, YT will cordially consurin its views. fe the deoteration .¥ the Paris Confer: noe, in ita situng of April 16, 1656, it w.* aDnOUDced On be balf of ail tae Slates woo wight become tes to that act that “the neutral fag the reagoning on which is founded tae right to tu an7 confiscate rupplies deeigned for a biockaded town, it will be eaflicult to rewt the couwiction that fts extension to towns tvested by sea only is an unjustifiable emcreact- went ov the rights of neutrals”? The elementary writers abound with expressions indi- cating @ cloge councction between blockaucs and sieges. Vatte] definesthe right of a party blockading or besieging a* ap epemy any coe who attemps to ‘or to carry aaything tothe besieged. and «hep speaking of a biockadivg foree as abesicging force, borrowed Iapgoage wi'ch had been thus previensly ured, and whi left no doubt of its origin but Lord Stowell has borne yet more direct testimony to the correctness of these suggestinas, Tn a case decided be Faid @ dlockade is *seort of circumvailation ‘h all correspondence and communication i, as wun force can effect it, effsctually cut off,” &e. ¢ cifficuit for Ianguage & express with more true character of blockades and the object to which they are properly appiicable, the reduction of tn- verted pieces. ‘The restriction of blockades to the proper purposes of war would remove at once from the field of controversy the vast variety of questions with which it is now eacom. bered, and which are #ure to present themselves, peace. ably or forcibly, az £00n ax a maritime war breaks out. Tbave bo disposition to undertake even their Dare enu- moration, for it would be a work of labor, beginning at the inquiry, when does a blockaie rightfully oommence, and ending with an equally important aud sometimes dif. cult ope, when dees it termmate? And would embrace all the intermediate quettions which have been discussed with wonderful suouety, and by whee: aid an im- mense amount of Property Delongiog t@ friendly mer. chants has been trausferted from tbe peaceable owners to the armed captore Such an enumeration, however, drief thongh tt wight be, woold exhibit, in aatriking point of view, the uncertainty wich reats upon tais subject, and how much the questions that ariee depend, not upon well estabished principles, but upon the discretion, the will, inceed, ot the party interested in the extensioa of the system of confiscation. But the principal cabject of ‘ergy Telaws to the extert of the force by whicha e must be mxiniained ia order to be lawful. Tho received law of nations requires tbat the force shall be au Adequate one, and the Paris Conference fortidod this requi- sion, or, in other words, gave in their adhesion tc it, oy incorporating it into their declaration. Bat experience hes shown how cient is @uch an jpjanction to etag the ageressive gpirit of beliigerents, ana the bsetory of paper Diockades oovetitute memorable aod most instructive chepter in the annals of modern warfare. Whole countries bave heen dectared in a state of blockade with a8 wUCh spparent conddence in the justice of the measure v2 if toeir consts could be hermeticully ciosed by a aingis arméd cruiger. If blockades were coufined to places actuaily icvested, this source of dispute would disappesr, for it would be in the tntercst of the investing Power to Pupport it operations with a sufficient force in order to bring the enterprise to a soeody termination. Tie docuine of coutvaband of war bas been another prolific subj ct of dispute and animosity in the progress of the hestitities which have latterly disturbed the tranquil- lity of the wormd Iti a rule touching che Interoourss of batons which, even if divested of the cnoertainty which surrounds it, end renders # a most daugeroua instrumrut of mmechjef, would still be entitled to no favgrabie con siderston It should, therefure, be permitted w du as litle injury as may be to the commeree of the wortd, and should be rigidly confined within the narrowest linits compatiple with an honest belligerent policy, an, tn iba option cf this government, thoxe limits ought to be made to foclude only arm@ and munitions of war. As means fais foternatioual prohibition agatust carrying to & copntry engaged ia hostilitiva ar- bclee useful for militury purposes, is practically of little yalug to ita enemy. It found its way into tho cole of pations when ihe means Of supply Were mush more re- mrictod than at presont, and before the progress of in- Provement bad piaced ft tn the power of aimoat every nation to provide itself with whatever it may want, either for offensive or defensive operations No State will ever be reduded becauge its enemy may have it ia bie power to seize and conflecate Supplies under Ube name of contra- dan of war. Unfortonateiy, if the value of this restric ton ae # meana of milliary annoyences has passod away it ie stil valuable fer a different purpose. Biockaies aad contraband, even when enforced in strict conformity with the lew of natiens, give to Delligercnt Powers the ooatrol of @ vast amennt of property, enabling them to coavart toveh of it to ihetr own use. Bat sucn a guarded exer- cike of thelr privileges ig a rere evant at almost ali times, and often tbe lmmiations prosided by the international law are palpably cisregarded; and atarch periods there are few of the articles of commerce watch belligerent Powers «‘o not interfere with, even w their seizan and condemnation, under ove pretext or eumher. By theay means the whole trade of the worls fs placed in jeopardy, 80d an fndigposition to relinquish this for: le power, which it may be anticipated will be needed hereafter, probably contributes far more to the tenuchy with which it i@ held on wo than the professed purposes to w! Owed its introduction tuto the mamtime code of ni b These circumetauces indic: ing too davgors which, during | war, demet ail the cations not taking part in it, toioate Biko the necersity for thelr Jotat concur renge in any roa. fouable effort to preserve tbe just righta of the work. The law of coirahand is lamentatly rogue, aad it is hardly poesibie that an extensive war rhould prevail upon the ovean for auy considsrable period without an stiempt on the part of the belligerents to draw into tha { wil. The Hberty of approach, under such cf | ebservances. or of the strictest prines Tecelved expositions of the lew of pavers, ‘ibere w Lo te 1 emumerativa of we articles a the principle ates ay one 18 of conten, jh they are w De oo d is so bosely orfined, thas tt ts practicaity vf lutte use bus to fu: pirb ben one is wentlug, ¥ 90 able parties at war to eplasge tee qontradeod hst af ther ure, Some of the later and approveo writers‘uv0o jaw of paiions a8 Hautefeuille aad Ortolan, orjeotw power 61 extension ad libitum, and the former part colurly corfines the het to objects @f frst necessity for war wpa sbicb are exclusively aseful in ite prosecuwoa, and which con be diresty emplores fer that yarposy, withovt updergomg any change— ome and munitions of war. in this absence of pw! enumeration, and of & clear fixed priociple, there ts av mrthoo proviced by which the disputes, from this Flate of things, may be amicably adjustea; aad the evils ave therefore so obvious, tbat able commentators upon national law bave proposed that sp-cial treati-s be jormed betweem patwas, whenever practicadle, io order to regulate thene embarrassiug questions, and thus obvi- ate, in fome degree, dangers im war must be always wiminent, Pie United states have adopted this policy, abo have omitted Lo favorable opportunity of carrying it into efleet. They Bave entered into conveational arrange- We bts with west of the other independent States of Am») ca—vig: with Brazil, Chile, Venezuela. Eousdor, New sra- paca, Guat a's, San Salvador, Peru and Mexico, aud wich seme Of the principal eemmercial Powers of Europe, for ‘be Detter reguiation of these oifficult questions; and ip all cases @ has been thelr object to circn uecribe as much as pessible the catalogue of el and subject is treated in the to provide, by specific enumeration, against re p Ee bpd of pf Hang which bave given so much jast couse of complaint Bot theee ar ments, thougb useful as fax as they go, are yot a very in adequate remedy for tne evil, they estabiisn a, wniform rule, each treaty preseribwg ita own regalatious apo because they apply only to the parties themselves leaving their relations in this respect with other Power to be governed by the code which has proved itself 20 u8 worthy of confidence Tbe aictum upon which this whole doctrine reste is that, &@ Deutral pation ought Lot \ supply a belligerent Power ith articws whicb wey eerve Dim im the direct proseca- tion of bosuities if this prohibitory declaration haa beea confined to ar us and munitions of war, there would pave bee brie cifticulty im the fair adjustment of the questions: which might arise under it, But it presents no such taogi- Die hm on we one band, while on the other it is coucea- €0 that t dors Lot embrace varous articles, a8 clotoing, and 1 may add, provieions, which are as essential t> the efficiency of the soldier as the arms be bears mto baulo, ‘What, then, must be the effect of any artic'e upon warlike O¢eraucps to authorize its claseification as contraband of wer, toe von which bas ed ag MCA angry Gis ursion a8 any r with which modern vations have hae to deal. Brekies the ciflccity arising out of the want of precision ip the terms empioyed, and pronably nut less Out of the absence of suy generaily fixed views, there is yet another which ad iF to the embarrarsment, and which requires the immediate consideration ot we partes to the law of rations. This question of contraband ig 8 ebiiting ove, as Lord Erskine expressed it, embracing Dew asticies from time to time as they become applicable to miitary purposes, when the law shifts to accommodate itFel! to these progreesive improvements in the implements or means of destruction. But still the nature of such im- provemenis, abd the just title Of the articles contribuung low ares them to take their piaces in the hat of contraband, ig a subject of controversy, which is liable to be followed Dy ihe moatseriour consequences. The disouemion which at ‘this ome ts goog on respecting the military character of cool, and whether is 18 pow exctuded from generai com- merce as contraband of wer, is « striking illustratwn of the bee to eolarge thw power of pronibition and rerzuie, and of the necessity of watching its exercise with unabated vigilance Here in an article, not exciu fively ner even priccipaly used in war, but which enters {oto gecerai coorumpttoa in the art of peace, to which incerd itis Dow vitally necestary. It has become also important m commercial oavigadou. It 1s @ product of bature with wbich some regions are bountifally supplied, while others ure cestitute of it, aod tts tranpo-tation, 1a- stead of mecting with imp-uimenta, should be aided und evooursged. the atlempt to enatde belligerent nations to prevent all trade wh this most valuable accessury to mechani. cal power has no just claim for support in the law of na tions, and the Unued Stutes avow thir determination to op- pose Vt 40 far as chetr vessels are converned It adds to the complications arising out of the uncer- tuirty im whicn this eubject "is involved, that there 1s no common tribusal empowered to decide between the iade- pencent parties when a beilgerent nation, interested in the measure, undertakes to adi a now ar- tele to the catatogue of contraband, upon the aseumption that it bas hanged ite char- acter from @ peaceabie to a wartike ove, in apnsequencs of a change 10 the vbjecta to which it may be applied, either by @ revolution in the mode of concycting wer, or by improvements in the tnplemente used in 'ts prosecution. The pretensyn of @ prerogative on the part ef sovercigns. whether wm peace ur war, sf, indeed, any such exist. to decide these questing, except 202° 08 relates W» their own rights, ts utterly repudiated by the United States. They claim the Tight to-decide for themeelvee what is the law of nations, oud they yield the same priviletge to other independent Powers. ‘If positions are astumed by other nations which siect jnjuriouwiy the righw of this , aod whien it beneves aro in contravention of the code of cintervational jaw, its remedy is well de- fed, unt Gepends upon itself. A just deference is due to sore «ifferencer of jon which may honestly arise 20 tho vast variety of sudjecis iavolved in the inter- course Of pations, and they should be considered in « Sah oe Featonable forbesravce ; but thatdimit pacsed out how: Vv enioi Ta sp-wtluky, your-obedient servant ee Lewis Jonn ¥. Masen, &c., &e. NO MERCHANT VESSEL ON THE SEA BUBJKCT TO FO- REIGN OURISDICTION—WAR VESSELS DO 1? AT THEIR PERIL AND RESPONSISILITY—TANGIBLE REASONS FOR KSCUSE—A MERCHANT VESSEL MUST RXQIBIT ITS FLAG ON THE APPROACH OF A VESSEL OF ‘Wak. MR CASS TO LORD LYONS. Deparment oy State, Washington, May 12, 1859. My Lonp—Your uote ef the 2) instant, in reference to “the wstructions which ber MSm=ty’s government have given to the oflicers of the royal ravy relative to tae mode in which the nationality of merchant vessels is to bo verl- fied by ships-of-war meeting them at sea’’ has peon ro- ceived. A draft ot these !nstrucdons had been com na- nicaied to me by your predecessor, Lord Napier, under date of the 12th of March last, wita the hope expressed dy bis lordebip chat they might prove « ie to the governments of France end the United States.” Instruc- Uons of a simiiar character had pecn also communicated to this government by the Minister of France, aud as ex- pressing the general views of the President concerning them, T inclose a “—. ot my repiy to that Mivister, dated January ince that time I have received from Count tiges an extract from en official despatch of Count Walowski, dated April 18, which fully sustaina tho doctrines of my note of January 26, and the interpreta- tion, which, in conformity with those doctriacs, I had Piaced upon'the French projet. There can no longer re- spain any doubt, therefore, thatthe United States, Great Brita and France are entirely agroed in reference te the principles which they hold respectivoly upon this tmportant gubject. As stated in the draft farniahed by Lord Napier, (‘no merchant vessel a high scas is subject lo any foreign jurudicton. A Of war cannct, therefore, visit, actaim, arrest or keize (rzrept. under treaty) any merchant vestel not recognized as tclonying to her own nation” And a8 @ necessary consequence from this rulo, {it {8 added in the same draft, that “in every case Ut ts to be clearly understood ihat the vessel of war which determines ta board & merchant vessel, must do so at her owe: risk and zerel, and must remaam responsible for all the comerquences which my result from her own act.” Thewe exéracts, which fix the responsibility of every government whose officers interrupt the voyage of a Mercbant vessel upon the ocean, suggest very strongly the adoption by each government of sych instructions to its own ocfficerg as will tend to make them appreciate this Tesponsibility, apd lead them to observe great caution in acting upon suspicions against such a veese!. The feme extracts eupply @ very just limitation, also, in re- Bpect to the cages to which tho instructions can, under any circimewnces, apply. Leaving out of view the crime of piracy, which happily ie now seldom committed, the only instance (except under treaty) in which a ship.of- war may be excuged in vieiting, detainiog, a ing, or seizing any merchact vessel bearing a forcign flag, ig when such vessel is for good and sufficient rea. sons, believed to belong in fact to the country of the vis: ship. A sirver cannot be detained by & foreign vessel becanso it ie & wlaver, uvless the right of detention in such a case has been conferred by the government to which the éluver belongs, upon the government to which the foreign vessel belongs, except so far as it may have parted with it by treaty—every pation bes the exclusive oare of its own flag upen the high seas. [he reevoaibility of each govern- ment for ite respective cflicers ig thus very much limited by the comperatively small uumbor of cages in waich the cctention of a merchant vessel can, under any ci stances, cocur. The instrnetions eubmitted by Lord 3 Pier seem yery properly calculated to limit it etill further, and, in the exerciee of 4 simiar caution, this govern: ‘Will sane renewed instructions to its vaval of reterence to this subject, a copy of which, as soon 98 they havo been jesued, ebai) be farviched you for transmission to London. Ia the meanume itis hoped that by the sud- stitution of steamers for eailicg vessels on the coas's of Africa end Quba, the abyse of either the American or British flag, for the purposes of the slave trade, may be effectually prevented, Your lorcehip will peresive from the Inclosed copy, that duis gowrument concurs wa'h the governmeltt Of Great Britnés, and France as to the propricty of an enililion her flag ly emery merchantman on the ocean, rhenever i meets a ship of war, ether of her own or yf ~ foreyn na fion. | Just ir proportion to the protection who’ she claims by virtue of her flag, should be 2 , e; alxerity with which, on 4J proper occasions, she ehouid visplay i: nor can [ per- ceive the slightert ressou why this daty should be avoid- ©. Dy avy honeet vessel. This view of the subject will be tht pha he qeatine of the United ststes by r rom the Tre: partm collectors of the customa, who wil requselae cheer vaoe from sil merchant captains. The Prosident has Do autno- THY tO compel this Observance. but ha wil! not hesitate to ee it by any proper means which may be within bis In reference to tho friendly approact a vessel for the purpose of Obeervauinn, t wat perceived that any objection can exist to such @ course in cases where this 18 practicable, and where the suspicions are cf such a character a3 to jusufy any observation at ircamstances, has been disiiuetly aflirmea by the Supreme Court of the United States. “In the case of the Marianna ¥io- ra (11 Wheater, R 1) the ‘aw was lad down as follows: “Merchant sbipe are in tie constant habit of ap- Proachipg exch other on the ecoan, either to relieve tholr Own dittress, to procure information, of to ascertain the character cf strangers; andy hitherte, there has never been Sappesed in Fuech conduct any breach of the customary sof the law of wovers enemy's 4 208, With the exception of coutrabaud | clase of coutraband articles of general consump- of war.” ton, which, in the onion of neutral Powers, ‘Pois mutual agree WADE Protects the property oferch of | ae lable to no syoh association; and the day | Move States, when en, 2 im hostilities, from capture oo | is rapidly coming, f i has wot alreaty come, warn such | ‘Doard a neutral vessel, PY 8D eneay a party to ine same | Merah mente will be prevented, a! the expente (Po noetary, | act. It te not necessur,” ‘ist « ceutral should have an- | ofan armed epyosvtion. The signs of the vise are not | nounced its aduerenve te 1H 6 Br ation io order to enti. | be Taleunderstood, and onwht not to be disrey e1. In- | We ite verrele the tmmcetty premised; because the | dependent of the want of adaptation of this inurdict upon Privilege Of being protected i 4, Uaratiterd to beliigerents, | fhe commerce of the worid to its avowed objects owing | coparties to toat momorabdie act, Aud protects their pro | to the improvement ia the general po woluction perty frotn captured when ver it 38 fond on boart | and supply, there are serious evils ty which it is oxp wad este) belongicg to a naven not engaced in hostilia | and which reenit from the entire aegivet of precision, of ties, Were wt ciborwise, n yery graye question would | reasonable caution, indeed, in the manner in which tne i vations. Ib reepect to ships of-wer sailing, as in the pro- Sent case. uncer the anthority of their government to ar- rest pirates aud other public offenders, there is no reason why they may not approach any vessul3 descried at sea, for tho purpose of ascertaiaing their reai characters. Sach @ right feems inciepensadle for the fatr and discrect exer- etse of their authority; and tbe ues of it cannot be juatly ceemed ingicative of any ceswn to tpsult or injure those they approach, or to impede them in their lawfal com- merce. On the other hand, it is ar olear that no ship is, Uud+r Bue circaum#tancea, bound to lie by or await the appreach of any other ship.” : Ordwmarily the close observation of a merchant ves- reap, | Sapir dy, yutirdary 48, 1860. sel will very well Pat ont its national character. ‘There are UME’ gy indirations whieh, to the practiced Ko of ® seaman, furnb conclusive evidence on this subject Should afurth+r exammation in any care be thovugD justifiable, #18 difficult to perceive how this cap bE ® 46 mplished against tae will of « suspected yestel DY py geaceful mode. Fur such # Gese it ts bard- ly pract? able to make regulations inadvance. The rules whieb ‘srevaii in me of war to prevent conf ets between Deutyaie ane allies end deihgerevts, and even betwen ‘armed veserls of tbe same Lavon, are not properly appl - cable to a state of peace, and every case of the kid ro- ferred to, may, perhaps, be left most wisely to be deter- mned by its Own particular circumstances, under the gereral provisions of the law of patious. Before closing this despatch , I take the liberty to advert for o moment toa sipgle in the “inatructivos’’ whicb I do uot fully understand It is the daa! paragraph ‘of the draft enclosed to me by Lord Napier, in waich al lwsion fe made to the right of ber Majesty's offivore \ to fe'ze Obd Cetain versels engaged In che shiye trade wheo not entitled to the protection of any national flay.” Toe womber of ebips which go out open the occay wihout aay rationality must be go ioconsiderable as hardly to deserve the notice even of the general exception; aad the language may posrivty be understood, therfore, as embracing those veere!s which are induced, after capture, to throw their papers overboard, unde: the clecumetaoces referred to ip my note to Lord Napier of april 16, 5s, and my despatch to Mr Daliar of February 23, 1259 The prac Uce to which Tatluce is not ove, { am persuades, which can receive the sanction of the Britiah govorument, Dut as the objections to it are fully staten in the derpatenee just mentioned, I content myself with thus having recalled the sebiect to Lord Malmesbury’s attention I bave the henor to be, my lord, with high considera- ‘ion, your lordsbip’s obedient servant, LEWIS OaS3. Lord Lyons, &¢, &e., &o. THE SLAVE TRADE. View of the United States Government—iIn- structions to Minkter Dalias—HMeansares to Suppress the Slave Trade- Neglect ef Spain to Perform Her Stipala‘tons—fhe Bight of Vislt— National Right of Pollee—The Slaver Rufus Soule, &., &e, MR. CASS TO MR. DALLAS. Deparrment op Stats, ‘Wasuincton, Feo. 23, 1859. £m—Your letters of Dec. 16 and 24 tast past, and the note of Malmesbury to you, dated the 14th of the game month, and which was transmitted in yeur let- ter of the 14th, and also your acknowledgment of the re- ceipt of the letter, have been some ume belvure the De- pariment,; but the difficnity of procuring the necessary in- lormavion upon some of the subjects relerred to has pre- ‘Vented me {rom communicating w you the views of the government at ap cas lier aay. In your note to Lord Matmesbury, of December 19, you bave cone justice to the desire and the eflurts of the Cuit- ed States tor the abo,ition of the slave trade, and algo to the regret which the abueof tbe American {tag for tho purposes of that traffic bas occasioned to the government. ‘he extent to which this reprehensible practic is carried I have pot the means of secertainwng, nor how many of ‘the vergels named in the jist transmittes by Commodore ‘Wise tothe Brith Aamiralty were actusily engaged io the slave trace, or were bena fide Americwn. asl re- marked heretofore to Lord Rapier, there 1 just ground to believe that nearly if not quite all the vesacls bearing the Americap fleg and engeged in this trade belong to foreign- ers; and Commodore Wise, in his account of the capture ot the Rufus Soulé, discloses the measures which may scmetimes be resoricd to i order to enable a vessel to maintain a rational character to which abe has ceased to bave apy just claim. That officer ao statcs that under the American “ cneign ”’ alone ts the slave trade now con- dvoted. It ts Gifflcult to revonciie this opinion with some of the facts be communicates, or charge that the flag ot tho United States s an immunity for the slave tracer, for he reports the capture of thirty three veesels which either di uot Dear the Ame rican i Se ‘were not protected by itfrom evizure; and of twenty-three other versels which cacaped capture, it docs net appear that more than cleven of thom were ascertained to have sailed under the flag of this country. But, however this may be, the United States are not subject to censure under any Circumstances, wnless they are justly chargea- ble with negiect 0° cury in not adopting such measures as their positon fairly requires of them. But they fear no such accuration. They have mage the slave trade a tapi- ta: offence, and they sssign no inconsiderable portion of their navy to the duty of lis suppression. The great slave mart of world ig the Island of Caba, and if thu were close this traffic would at once be annihilated. The au. therity of Spaip is firmly establiebed in that ieland, and her military force there 18 quite sufficient to insure the accom- phebment of measure of domestic policy decreed and seriously Gcsired by the Spanish government. tt ts known tha Spain has, by aconvention with Great Britain, and for a pequniary consideration, placed herscif uncer obligation to prevent th introcuction of slaves into her Amcrican poreestions. If this atipulation were fulfilled, the desired ayestions ay ot wheDever WO srecdom of whatever motive may be Procee United Stgtes bave engaged, by the Ashburton treaty, to “unite with Great Britain in all becoming representations end remoustrances with any and all Powers within whose cominions such (slave) markets are allowed to exist, end that they will urge upon ail euch Powers the pro- pricty and duty of closing such markets effectually at once and forever.” Tord Napier inquired,a few days since, whether this government were now willing to give «fect to this stipulation by making the necessary repre. fentations and remonstrances to the governinent of Spain. 1 assured his lordship that there would be no heaitauoa in performing this duty whenever there may be reason to betieve that the expression of their views by the United States would produce eny favorable efleot upon the action of the Spanish government, but that the rela- uors of Spsin and Great Britain, and esoccially the con- ventional stipulations between them, would give to the ig- tervention of the latter mueh more probability of success than could be anticipated from the representation of the United States. In fact, it is difficult 10 believe (bat, under exiting circumstances, the Spanish government would re firm remonstrances of the government of Great stan. 1 see no reason why the flag of tho United States should be the oply ‘ensign ” of natioual sovereigaty prostituted by slave dealers, and certainly, as I have already ob- rerved, there is none which can be justly urgud as a re- proech against this government. The positian taken by the United States respecting the immunity of their vessels upon the ocean is precisely that assumed by France, and both patiops equally depy the claim of vwsitation, aud equally object to {te exercue. Asiave trade adventurer carrying tbe French colors ts no more subject to exami- baton by @ British cruiser than if be hoisted the colors of the United States; and in neither caso ia it the assumption of the flag which confers the immunity, but the legal character of the vessel, eead) to the principle stateai n my letter to Lord rT, of April 10, 1868, ana which was Jaid down by Mr. ter, by order of the President of the United Statee, in a letter to Mr. Everett, then Minister in London, dated March 28, Lord Maimesbury, while referring to the report of Com- Mmodore Wise, depicting the horrors of the save trade, eon. fiders the circumstances of go flagrant a nature as to be “calculated to move the most prejudiced fectings in regard to the question of the right of visit, and to urge the most aecided measures for the suppression which must be held to be equivalent to the grossest acts of pirecy.”” Ae to thernffering and lote of life referred to, they are everywhere known and condemned. The horrors of the parroge can scarcely be described in more powerful lan. guage than has alrcady been employed in Toaging them mown to the world. But the question of effectual repres- sion presents grave practical cifficultics, and in their con. ficeration it is not alone the nature of thetrafilc, but there ure other important circumstances ago which must be taken into view. 1 do pot understand precisely the bearing of tho remark of Lord Maimesbury, toa! these rovolting cruelics are caiculatea to move the most prejudiced feelings in reyard to the questicu of the right of visit, &c. There is no right of visit except, as Lord Stowell sail, from the belligerent claim. ‘The forcible visitation of vease!s upoa the ooean is prohibited by the law of nations in timo of peace, and this exemption from foreign juriedicuon te now recognized by Great Britain, and, it is believed, by all other commercial Powers. Even if the exercise of a right of visit wero escential to the suppressicn of the giave trade, whether such a right should be concoied by one nation to ita vo- states of the world la a quostion for its own congideration invoiving very serious cousequenoes, but which is litue likely to encounter any prejudiced feelings in favor of the Blave trade ip tts solution, nor to be iutlueaced by them. But there is just reason to believe that the vaiue of a right of visitation, as @ means of putting an end to this trafic, hes been greatly overrated. ‘The object of such visitation is to ascertain the navonal character of a veeas), If found to belozg to the same nation asthe cruiser the vielt, ard viviating its iawa, sho may be pierre Delouging to avother pation, she must be released, in whatever employment she may be engaged, uviess, in. deed, she way become a pirate, in which case she is Hable to be captured by the narat force of any civized . Ifthe United States maintained that by caring thew eg at Ler masthead amy veese! became thereby entitled to Ue immuynity which belongs to Ameriwan e's, they might well be reproached with assuming a position whi wculs go far towarcs shiolding crime uj the ovean from punishment. But they advance no such pretenriou, watle they concede thot of, wi the honest examination of a vestel fanixg wider American colors, but accompamred by strongly warned wipicions circumstances, a mitake is made, ant she ts founa & be entitied to the Jlag she bears, but no injury as committed, and ihe conduct of the boarding party is tre Breacheble, no guvrrment would be likely to male a case =o wi us characler a subject J serious recam- ‘The eccurity apainst tho abure of any meh to be found in the responsibility of the eaten whines caval force commits an anlaw!ul set, and in the right of the i. ature of the ujary, the rejation of the parties, end to conf for the right to decide when he ra Sone ye en and FunInary juriediction, is improvidently to prostrate one of the barriers of national defeuce wisely constructed dy the public taw of the word. Whatever guards mi be proviced by conventional stipulations against the arbi- trary exercise of sueh an authority, from ite very nature, and ihe circumstances atlending iia ¢xercise, strengto and Weokuees being brought into contact and upon every part of the Coan, “these detentions,” in the words of Mr. Webster, eceesarily lead to serious incomvenienca and injury “Berices the pecuniary loss they occasion,’ he seve with trath, “they too frequently irritaze indivi uals, Caure warta blood, aud produce nothing but ill eects on the ewicadie relations exieiing betweet the cuuntrice.’” This gerernment chooses to reserve this pencer of judgment ta Weeit, disposed at the same time lo deal Juiriy with such wis- pd or ref Pres 4 occur, but not aisposed to convert eabosses it oo legal acts by premous conventional arrrnge- Lord Malmeabary expresses the conviction of ths British Government, that, equally with themselves, the guyern- at acy rate, with the | of proceedings | zene ‘the purpeses of of the American to pur; ‘This “adi legion ap act of jusiee, though mly there 18 nothing in the priverples or position we have watptaiped which catled ter Me fo: mal communica ‘This country was tbe first amoog the patious of the core of the slave trade by its and their repugnance to it las ‘and constautly avowed. Cer- ibe goverpment, though it te satsGed that the extent ie mericau vesruls 10 crime Dat iney ited ip Great Britain, and that the Britieh government bas viewed with as much: Ficy a6 the goverDmeut of this country, the similar aouse which bas beretofore taken place of the Briuab flag Bork of there pations—al) cit ‘4 vations, indeed—are Uboer Fesious Obligat. ons 10 provide for the suppression of crimes wibio then jurisdiction, whetber upon tae and or the water. But the st rnest Jegisiation and the most Vigerous administration cappot always prevent the oom- Duseen of crimes, Dor ipeure their = nent, aod a pa. Low fully meets its respousibility w! it fairly adap ite mésevree 10 the chteumetaness io whicd it is placed, and of these it must pecetsarily be the judge. Lora Malmesbury axsures you the British government Deleve “‘ibat the yoverpm nt of the United States will be prepared to vinaicate the honor of its flag 7] Tepnatatiog acts calculat/a to lower it in the estimation of civiliz d na- v .o by taking eflectual ly af to prevent its betog abceco by taffickers i: human flesh ” His lorcebip will vot find bimsed in error in the expec- tation that ali the duties of the United States eon- becteo with this grave eubject will be fuidiled, nor m the hepe he expresees thet the spirit of bis comm nica- en 1 not be misunderstood. But while giving these Le. 1818 due 10 the carmest represeptaboa he ad- rs dresee op the part of bie governmentio the ament of the Unites States to arsure bim aleo that there is no- eitber ip the course of this governm: pt por in whe abure of its flag, which ails for this emphatic refercuce to ite dunes, end this ¢apreesion of the bope tbat these will be performed, There ase bigh moral cooriseratious which Lave wduced the United States 10 prohibit their citigene fom evgaging m this employment. Vio/ations of their Jaws upon tbis subject no doubt occasinvaily take pines, as violations of the criminal lews of ali countries cecur frem time to time. I presume it will not be denied tbat thrs ie a misforwne to which Great Britain is also someumes exposed, both upon land ana water But the vinoication of her henor requires no act of repudiation on her part when such brescbes of her laws take piace Nor does the abure of the flag of the United States for any un worthy purpose make this government responsible, un- Jee, indeed, it fails to perform ita proper dutics This it bss botdone. It has repudiated these acts ia tne most eclkmn manner, by declaring them criminal aud panisba Able wish ceatb, and it has pot the least apprehension that ite honor will suffer in the estimation of civilzed nations i copsequence of the uplawful prosecution of ,the slave trade by its ciizensor by 8 seeking the protec- tion of its flag. The measures of repression which it has adopted, and which it is prepared to render still more efiicient, ¢tler satisfactory prout of ite sincerity to all who are deposed to regard its position in a spirit of justice And it cline to copfer Upen aoiber vation the poiice over its vessels upon the ocean, it is from no sympathy ‘with this commerce, nor from soy desire that its citizens shoulo purave it, but from its conviction that tha of the ceas is evsential to the best interests of the world, and that its maintenence ts incompayble with apy such eovcersion. And I have reason to believe that the -go vernment of France in ite general views of thie eubdject pgrees substantially with the government of the United States. ‘With a view to stimulate the action of this government, Lord Malmesbury obgerves tbat ‘the United States hace maintained that they are abe and deiermined to preserve the police of the sess in so far as tue american fig is corcerned, avd that, by the treaty of Angust 9, 1842, with Great Britain, wey nays engaged to maintalu a force ou ‘the coast of Atri control proceedings gach as those which form the st t of this note.” co not know to wit particular declaration, made on the part of this coumiry, rigarcing the police of its vessels upon the ocean, Jord Molmcsou-y refers in the adove quotation. ButI have no beasitation in admitting that it expresses the views of the United S.ates, and itis pre- sumed tbat it expresses also the views of all other com- ‘mercia) powers. By the law of nations every independent State pos- gcsees the exclusive right of posice ever all persons wita- iu its jurieciction, whether upon its soul or in its vessels vpon the occan, And this national prerogative can ouly be interfered with in cases where acts piracy aro commited, which, by the public law of the World, are cognieable’ by any “Power feizing the verse) thus excludes from common rights of the ocean. Lord Malmesbury, indeed, remarks, that these slave tiace proceedings ‘‘a.ust be beld to be equivaleut to the grorecet acts of piracy.” But reprebeusibie as is that trefiic, it is bot piracy, por ia it equivalent to piracy tp any of the legal contequences which result from it. tis an oficnoe created by national not by international law, aod is punsebabie only by the country to which the offeeders are reepoteible. The United States have, indeed, by sta- tutory provision, declared at-pleucy,, bat that is a domestic regulation merely adopted for the purposes of its own criminal justice, but w! gives no jurisdiction to any foreign power. ‘The police over thelr own voasele being a right inberent in all independent states, each of them is*responsible to | the public opipion of the world for ite faithfal preservation, 8 it is responsible for the execution of any other duty. ‘The messores it will adopt must depend upon tt own jucement; and whether these are cficient or iuefticiont, no other naticn has a right of interference. And the same inerplee are epphcabie to territoria) jurisdiction Good ws its the duty of < government to provide, and also to make suitable provision for their Just aimiaistra- lien, But because offeaders sometimes escape, vations are not therefore diepesed to amit any participation in the execution of there laws, even such a measure might insure their more feithful execution. Commodore Wee locks to a conventional arrangemeut betwcen Graat Britain and the United States, by which British cru'sers may be permitted to capture American veseels, with a ‘View to ibeir surrcnder to the American naval forces, as the most effectual means of suppressing the siave trade, T hebeve the object may be certamly attained without the Adoption ot this professional sugzestion. If not, I should haye po hope of itsacoompliabne nt = The surreusder of @ right of police over ita vessels to the armed crujersof a grat maritime power is @ measure which this conouy Would Blerbly Tcject under all circumstances, eveu at the bszard of Heme accused of retnsivg to co-operate in the ¢tort to annihilate this employment. Sich a system cf toreigs interference might, mdeed, sometimes be use- | fully exercised upon the ocean in the detection and pun ishment of crimes, but the edditioval eecurijy thus gained wou'd be dearly purchased by the eacrifce of an impor- tant element of national independence; and in its practi- cal operation ap immense navy could exercise no gach euthority over the commercial marine’ of other Powers without the commission of aggressions which couid not fail to lead to dangerous consequences. Nor would such 8 proposition be rendered more acceptable by the sug- gestion made by Commocore Wise, that the transatlantic wiave de will make vigorous efforts during the coming fearon; ‘and if they extend their enterprises to the Bighis of Lenin and Biafra, farewell to the rewunerative and rapidly increasing trade which is now carried on on that coast.” Whether tho object be commercial or philan- ~threpic, the United States would etili be opposed to the exercise of @ ga hide sage over their vessels, ‘The report of pmodore Wice, which containe this expreesion of apprehension, coutains also various etato- ments respecting the operations upon the coast of Afries; but the information in tho poszession af this depart Ment is not anflicient to enable me to form a judgment of their correctrces, In some important particulars they are ai varlovee with the reports received trom officers of our African equedren, and I shall therefore request the Seere- tary of the Navy to farnieh me with cops of eo much of theto as reiate to these points, and hail transmit them to yeu that you may invite the attention of the Bar! of Mal: mecrbuiy to the subject, with a view to the aioption of wuch meagures a8 will remove all fear of diflicuities here- j after. There ig one statement, however, of Commodore | Wie which calls for immediate consideration. That officer feys, that ‘ast year slavers were (in the majority of cases) captured through their captains foregoing the pro- tection of the American flag, but tow American siavers are arriving and sailing witb almost as mueh impunity as if they were engaged in legal traflic ’ That vessels em. ployed in this traiic too often cacape, there can be vo ceubt; but that they pursue it with as Little risk as is here indicated, is an obvicus error. Sach a denunciation is irreconcilable with the presence cf a equadror of repression upon that coast, uvlees, indeed, its Culiee ore flagranuy neglected, aud ita officers regard: ieee of what they owe to themeelves and their country. It would be @ work of supercrogstion to defend them from euch an accusation. Their beet defence is to de found in the glory of that navy which they have so seecessfully Jabored to Duld up, and in the bigh estima- ou in which they are held by their countrymen. As to the charge of “foregoing the protection of the American flag,”’ 1 presume Covimodore refers to the Prectice of which ] com; ed in my letter to Lord Na. pier of April 10, 1858, by which ‘the masters of vessels furpisked with American papers were induced by the representations of British boarding oflicers to throw their iy ma hay ching eed ay ros do 80 without being ced by turcate, or by hope of escaping tm; ing punishwent, tt is difficclt, impossible, indrca, thd ceive. If a veese) has reguiar American papers she is beyond the reach of a British cruiser, which, tn the language of Commodore Wise, “has no legal eee Yo moiest them (ber) im any way.” Waat advantage, then, sors she gain by the loss or her papers, whore destruction at ovee subjeote ber to Capture, ard fo the dlepusithon of the Britiea noval eitbo. i if taken by an American ervirer, the persoan {curd cu Board euch vessel engaged { the slave trade are Mabic tothe punishment of aeath, while, if they voluntart- ly subjected themselves, by the ceetrucnon of their papers, to be ariceted by the Erith naval for rs, it ie understood to Fave bccn the practice to land them wpon the nearest Fart of the court, where they were Iclt free, whtle the Capore were ertitied te prize money for the versei and ber living cergo. The nature of the inducement held out tor thie surrexecr, heretofore referred to in my biter to Lard Napicr, of April last, is Iudwates by the answer of Com mocere Wie w the mquiry of Lieutenant Davicson, of the Ame ricsn reyy, who had asked the commodore whether, in the evert of bis meeting an American saver, un- der American colcrs, ana bearing genuine papers, he weuld use means to induo the captain to tirew h's colore asd papers overboard. To «hich be mwptied, “Well, 1 might straw «© point, and tell the captain the Dale was just near at band"? The thieg, Dale tg an American veeeol of war, anc capture Dy ber wonld rebject the effendcrs to tbe exveme puntehment Ry Provided by the laws of the United States ccecings, it i not Atwuriean prorectian whieh 13 foregone, to ure the expreesion of Commodore Wise, dnt Americal. Sy aoa comet Commutore Wise seems to de under i prestion that this reprebeusil e ee jours. apie eaiispea information received from our Ajrican eqnadron Juetifics @ disfe: ent conciusion; and, indeed the carcum- Btlances attending tte capture of We Rufie S h pro- represented by the Aruertcan roceedings Were aitended with ereumetantes ro very reprebensibe, af not clearly jusutied by the situation of the vesect, that T the reports from the Navy Departent rench JOU request su immediate investigation of tbe wangac. Tbe : ssf ton, aception of such. ures of redrecs aud prevention os the steve of toetlbermay call for ‘The tener of some of the remarks iu the despatoh or Love Me meshea + Beer ed It proper to ® Vert komewbes wD detar to the views be bas presentes Toat course be-~ came Beeeory iw orcer to redeem the United Staiés our eny Witapprebensop uocer which bs loraeiw might Abat their disposition to admit aby ote jateny jansdionoa, » Over Lelr @umineroe OF etion, Orgibaled ID avy By mpeiby with tuw uolawiul cocupainn, Far other motives have mfueneed tnetr coure The question of suppression, undor existing cir-« cumriongs, presenis, a6 | Lave already gait, surivas practicss difficulties arisiwg out Of dangers to tho froeionm +f Ibe Beas, ane OUL Of Lhe EXt-aord) ary exertions of en- lerprieeg Wen well wcquaimied with the Dusivess, and sbicb are called ito action by the enormous profs | eich a eucorrstul adventure 8s re W brieg Thu Bri- tich government bas been sireacy tuformea that thie’ BUVeTR ment rulertaws BerOUs uoUdts of the eflieney ‘tthe Atneen equadronr which sre employer ia the sop PIEsFION Of the Fave Vade 10 accomplsding ts work. ‘Uney cannot o'ore the long ine of coast where it 18 mosey) sunve, und the success which bas atenied these ell " { preveDuion Dears & Very UNeqoui proportion Ww the ax. penoitwre of hie and teaeure they Dare cost. Bat ‘| ereent 18 UDWiling, VOLWiIthsan ding these douots, ca withbola the 0 operation of the United States trom work of rerreseiep, and the serious appeal of the B y goverb men! is epttied to respecdul atentoo. Toe Frese nt is prepared 10 adopt all prope: ures withle phere of bis conetututivoat American vetseln or civrens im the slave trade But while givivg this assurance, 1 am ‘giro tostructed by the Previdemt W expres the confident hope that the Briueh gevernment o D able eecure st ap early day, the complete fit Of Me treaty sUpulabons on Lis subject witn he Kove! mentof Bpam. I cannot doubt wat euch ae ‘uitio would go very fer towards accomplishing toe purp whieb both nations have ip View, of Civstug the vaitle Africbn sinves. ‘there are measures, too, which the Brith can adopt in Africa, and which it ws sieved = rigliy contribute towaids the accomp istm~nt of the o jeot. In my ietter to Lord Nair of aprit 10, 1968, ‘made the suggestion, and subscquent wiorcativa bas oo trmed the opiwion thea expressea. In the Dupe sat Day meet ue attenucn of Lord Maimerbury, nd os f to a favorable consideration of the proposition, transter to this letter what } then said upou this Ject— «But other meapa have been suggested by persons in mately acquaibted with the slave coast, aud who b watched the slave hee] ie, bh otler couragipg prospects Of success if adopt gerobe elnte we the extension o tae fro colou ale lish mentsin thet region, 80 a Ww crease barriers at Dest expored points, and also to the comsirucdoa 4 small mibtary pests or biock Louses, garnaone fiom the scclimated population, a: or near the places whick the course of tee trade tas been directed, where the means ef interch»age way be found.” bo fer a8 respects tbe actin e the United States, additional legisianon 1s deemed Desesary. By the or Ghent, m 114, and by the Asnburtoa treaty of 18429) their concempation of the tlave wave is Jormaliy ex preesed, und its prosecution bas been wule a statucor: offence, pupiebable with desto. They have mainte! vpou the codst of Africa 8 larger foros, it 18 beloved, i ropornon to the extent of their navy, than any Goren. and this disparity will be sti) furtarr imerensed roon as the additional measures Girecied by the Cent ave carned Dw eflect. Toese measures lonk to th employment ot arm d Btamers upen tho Afriosn Abo ch we Cuban waterr, a descriptien of force far b acapted thaytating Vessels to tne. pureuit aad capwre the rapid cratt which carry op this trace. The of vessels which may be cttached upon tom cuty depend upon the state of thy public servios, bas & hoped that two at least may de ordered to A‘rion, three or more toGuba. The ashburion treaty requid that cach of the Powers partes to it, eRalt ami Fecuied, ‘nq Fmail steam vessels SubstLUt a for ‘veerela, the service would be much more eflicwatly p formed, and the expense not increase. ‘You ‘are iwswucted to read tne despatch to In Moimesbury, ano, should he cesire it, you may lea with bim ‘am, sir, respectfully, your pbedient i 3 CSB, Groce M. Dattas, Bxq., be., ke, Bo THE AFRICAN SLAVE TRADE—ITS INJURTICE ANDI HHUMANITY— OPPOSITION BY PRESIDENT | BUO! NAN— CONCURRENT LAWS OF FRANCE ANDTTEG 8 TAD STATESIN REGARD TO THé RiVAT OF BE. MR. CARB TO THE COUNT DK SARTIGRS. ‘DePaxTMey OF Stas, ‘Wasmrctos, Jen 26, 1859 Sm—The memorandum whicd you left with me, 90 ‘weeke ago, in reference tu the subj-ct of verifying the Honal character of merchant vesavia ov the ob sbould have received an earlier repiy had 1 not exp ‘B projet upon the same subjsct would sooo be # pedted fram Great\Britain, and that thus the two wight be covriedred toget! No proposition, howe: trom her Majesty’s government bus bedu received, ‘understand jrom you that the government of Fraao fore any further ciscurkion of tue anoject with the o of Great Brivain, prefers to ascertain, as far as po the general views covoerning it of we goverument United these circu mstavors, I ami by tbe President to communicste to you bis views Die important subject. In reepect to the African s’ave trade, for whose p on the flags of different natious are sometimes ed, the pogition of this government caniot require explanation. The United States were anoug the eari of the pations of the worl to depo ince tue ivaitic as, just ana inhuman, end it is atl one of the highest c which are recoguized by our iawa = Fur the eaccul there laws, the President, I am weatructea to say, wil enitate to use the most eflicient means at bis dis,osal, ‘While, however, the President ia thue earuestiy o ored to the African slave trade, aud thas determined «ive full effect to the laws of the United Stare tor te ay pression, he hunveif, in. doirg, tof concur in any — apie OF to apy which he heves = woukt neopsistent with that entiro immuny of m vessels upon the ocean in time of peuce, for which goveypment has always contended, aud ia whose pr vation the commerce of the world has so dvep aa: terest. ‘This is aleo the position, I am gratified to observe, the govervment of France. ur, Ike the Statez, recognizes no right of search or virit nvon high seas, except in time of war. France, lise the Unit States, Lolds in tho language of your m+-miorand an armed verse! cannot visit, detan, arrest, or se's7 but such merchant vessel as it ascertains 10 belong to same naticn to which ihe arm d vessel ‘itself! beio verification of such @ case must be made at the the party making it, or, in the words of your men dum, ‘ under all circumstances it is well underatoog y the armed verse! that may determine to boar, “Merchant y¢ g i 7 BS IB Oo riskor peril, and stands responsible for ali the oo quences which may foilow the act ” While: thus recognizing the immunity of merchaut sele on the ocean, and the grave rcsporsibility which assumed by a sbip of war when she ouarde a forego ag AE iy Lend fleg, your memoranium si tome Views iD Texpect to the caution w: which such a verification should be pursued and such Teeponsibility exercied. I do pot uncerstana that Fresch government cesires to limit this responsi! "yd to change, in any way, that rule of international law which, in time of peace, an honest merebactmen te p tected on the ocean from any visit, detention or whatever, Undoubtedly a ship of war find a foreign me: it versed #6 eurrounded by auzpic: circum:tances a8 to induce the belief hat she is aii under falee coiors, and 1p such a case the ship-o:-war think it right 10 aaopt some proper measures to r the cted . If, upon inquiry, ite sax; realized, RO One any right to vouplain; but if. suspected veseel turns out to be an bonvat tr there can be no doubt that a treepasa has been comm! ou her right#, which may or may not be excusable, eco Ang Ree Cente a ET a oe C alias, @ burden of proof, in every such exgs, mi necetrarily rest upon the party commiting the error, wi will be hound to #how, not only that Lie suspicions we renecnably excited, but that he exercised oue caution care in respect to their verification. To reverne sis ru and throw the buroen of proof upon the suspected par or to hoid that a ship-of war cau, undef any circun stances, treat an innocent merchantman of a for: tion as 8 guilty vessel, would be atteuced with very gerous copeequences, and it is not, | repeat, what T und stand you: Demorancum tw contemplate. Ut I correctly understand the purpose of your gu: ment on the subject, lis only desire is to prevent the of merchenimen from being caprcivurly inwrfered w. by the commanders of ol-War, 224 to this ead, fur as possibio, to snbasitute thy weil cousideres thone Of the government for the basty conciusions of waval ciicers, There can be no coudt thas th precaution is emmoently derirable, and that o government should tuke care so w Bevel commanders as to prevent, a3 far as poss! improper interference at sea with tho merchant 5 dy other uations, Euch instractious are mani‘estiy neo sary, not only with reference to the geteral mterosts commerce, Dut ai@0 to avold thuee ciaine for reds which are ture to aise whenever @ merchant vespel ene country i improrerly visited OF detancd by public verre! of avotber country. lu the goperal teaty Of thoge insirncuons it is natura: to suppose that tie oon mercial nations of the world Wili ve es <entiaiiy in ag men, Your memoranaum, Yor eaauple, suggests when arbipof war apd merchart vessel meet on bigh seas the latter should not refuse to sispiay her fl and ceriemiy such & refuge}, in the aceens factory explanation wou'd ben © Grher rurpicious crcumetouces wiay exist, at the sa tune, #hich may lend the sbip.of- war to pursne the mod f veriScetou pome€d oat uw your mean. Fapduim, aod he case is one where any veribcatiou at’ all to be pursued, the measures for this par, euggemed jy your memorandum are caivulated, eeems to me, to acoomrish the object with’ wy hase vossibie citieuity, Bat both France and the Unit States agree that these measur s,or Any similur Measure cei only de employed at the risk and pori! of the 9 ting ibem, who is bovad to ebow, in avery case of eri Deou# suspicion and visit, Kuch extenuating ei*cunts #8 will reaconably eatiefy the injrred party, To determad 4D advance preci@ely whatcircamstances may be regs: 46 & aUficent warrant for coubung she neionality of Bi rchant vereel appeara to we to be que impcasinle, every case way, perbaps, be safely lait wo be de by eit 1 bave thus stated the general views of the upon the eubject of your memorandum, aro I do not ma! & more detatied repiy becanse Iam uct quite sure wheth lheve iste dia rpreted che views «nd wishes of yo any plan of yartfcate government. ree Upon “hich would chauge the role of juternational and sutherize tn advarce the commision of Weepasw, ie a very diferent weerutivg fo certain modes Cf proceeding as veing reasou Je Sial proper ine grvencare. The former woud be al onjectionsbie, lam persuaded, to France aud the Unite States. The later would be far ies obj: ctonahs, and, T have already said, the precscitooary matructions oft Jerent bations to their naval commanderr, respecti Would not probably be very cieemmilar in their gen features, I these instructions were & wrchanged thing from