y made to Mr. Fox, his lordship declares that if in spite of
all the precaution which shall be used to prevent such occurrences an
American ship, by reason of any visit or detention by a British cruiser,
"should suffer loss and injury, it would be followed by prompt and ample
remuneration;" and in order to make more manifest her intentions in this
respect, Lord Aberdeen in the dispatch of the 20th December makes known
to Mr. Everett the nature of the instructions given to the British
cruisers. These are such as, if faithfully observed, would enable the
British Government to approximate the standard of a fair indemnity.
That Government has in several cases fulfilled her promises in this
particular by making adequate reparation for damage done to our
commerce. It seems obvious to remark that a right which is only to be
exercised under such restrictions and precautions and risk, in case of
any assignable damage to be followed by the consequences of a trespass,
can scarcely be considered anything more than a privilege asked for and
either conceded or withheld on the usual principles of international
comity.
The principles laid down in Lord Aberdeen's dispatches and the
assurances of indemnity therein held out, although the utmost reliance
was placed on the good faith of the British Government, were not
regarded by the Executive as a sufficient security against the abuses
which Lord Aberdeen admitted might arise in even the most cautious and
moderate exercise of their new maritime police, and therefore in my
message at the opening of the last session I set forth the views
entertained by the Executive on this subject, and substantially affirmed
both our inclination and ability to enforce our own laws, protect our
flag from abuse, and acquit ourselves of all our duties and obligations
on the high seas. In view of these assertions the treaty of Washington
was negotiated, and upon consultation with the British negotiator as to
the quantum of force necessary to be employed in order to attain these
objects, the result to which the most deliberate estimate led was
embodied in the eighth article of the treaty.
Such were my views at the time of negotiating that treaty, and such, in
my opinion, is its plain and fair interpretation. I regarded the eighth
article as removing all possible pretext on the ground of mere necessity
to visit and detain our ships upon the African coast because of any
alleged abuse of our flag by slave trade
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