and obligations of the two
countries for the suppression of the slave trade."[61] This provision
was a part of the treaty to settle the boundary disputes with England.
In the Senate, Benton moved to strike out this article; but the attempt
was defeated by a vote of 37 to 12, and the treaty was ratified.[62]
This stipulation of the treaty of 1842 was never properly carried out by
the United States for any length of time.[63] Consequently the same
difficulties as to search and visit by English vessels continued to
recur. Cases like the following were frequent. The "Illinois," of
Gloucester, Massachusetts, while lying at Whydah, Africa, was boarded by
a British officer, but having American papers was unmolested. Three days
later she hoisted Spanish colors and sailed away with a cargo of slaves.
Next morning she fell in with another British vessel and hoisted
American colors; the British ship had then no right to molest her; but
the captain of the slaver feared that she would, and therefore ran his
vessel aground, slaves and all. The senior English officer reported that
"had Lieutenant Cumberland brought to and boarded the 'Illinois,'
notwithstanding the American colors which she hoisted,... the American
master of the 'Illinois' ... would have complained to his Government of
the detention of his vessel."[64] Again, a vessel which had been boarded
by British officers and found with American flag and papers was, a
little later, captured under the Spanish flag with four hundred and
thirty slaves. She had in the interim complained to the United States
government of the boarding.[65]
Meanwhile, England continued to urge the granting of a Right of Search,
claiming that the stand of the United States really amounted to the
wholesale protection of pirates under her flag.[66] The United States
answered by alleging that even the Treaty of 1842 had been misconstrued
by England,[67] whereupon there was much warm debate in Congress, and
several attempts were made to abrogate the slave-trade article of the
treaty.[68] The pro-slavery party had become more and more suspicious of
England's motives, since they had seen her abolition of the slave-trade
blossom into abolition of the system itself, and they seized every
opportunity to prevent co-operation with her. At the same time, European
interest in the question showed some signs of weakening, and no decided
action was taken. In 1845 France changed her Right of Search
stipulations of 18
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