rested by a cruiser of the United States? If this is to be done, it
is clear that the agency of a foreign power has been instrumental in
executing the laws of the United States. Or, on the other hand, is the
vessel, with all her offenses flagrant upon her, to be released on
account of the agency by which she was seized, discharged of all
penalties, and left at liberty to renew her illegal and nefarious
traffic?
It appeared to me that the best, if not the only, mode of avoiding these
and other difficulties was by adopting such a provision as is contained
in the late treaty with England.
The Senate asks me for the reasons for entering into the stipulations
for the "remonstrating embassies" contained in the late treaty. Surely
there is no stipulation in the treaty for any "remonstrating embassies,"
or any other embassies, nor any reference or allusion to any such thing.
In this respect all that the treaty provides is in the ninth article and
is in these words:
The parties to this treaty agree that they will unite in all becoming
representations and remonstrances with any and all powers within whose
dominions such markets [for African slaves] are allowed to exist, and
that they will urge upon all such powers the propriety and duty of
closing such markets effectually, at once and forever.
It always gives me sincere pleasure to communicate to both Houses of
Congress anything in my power which may aid them in the discharge of
their high duties and which the public interest does not require to
be withheld. In transmitting the late treaty to the Senate everything
was caused to accompany it which it was supposed could enlighten the
judgment of the Senate upon its various provisions. The views of the
Executive, in agreeing to the eighth and ninth articles, were fully
expressed, and pending the discussion in the Senate every call for
further information was promptly complied with, and nothing kept back
which the Senate desired. Upon this information and upon its own
knowledge of the subject the Senate made up and pronounced its judgment
upon its own high responsibility, and as the result of that judgment the
treaty was ratified, as the Journal shows, by a vote of 39 to 9. The
treaty has thus become the law of the land by the express advice of the
Senate, given in the most solemn manner known to its proceedings. The
fourth request is--
That the President be requested to communicate to the Senate all the
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