e serious practical evils and inconveniences
which, it cannot be denied, are always liable to result from the
practice which Great Britain had asserted to be lawful. These evils and
inconveniences had been acknowledged by both governments. They had been
such as to cause much irritation, and to threaten to disturb the
amicable sentiments which prevailed between them. Both governments were
sincerely desirous of abolishing the slave-trade; both governments were
equally desirous of avoiding occasion of complaint by their respective
citizens and subjects; and both governments regarded the eighth and
ninth articles as effectual for their avowed purpose, and likely, at the
same time, to preserve all friendly relations, and to take away causes
of future individual complaints. The treaty of Washington was intended
to fulfil the obligations entered into by the treaty of Ghent. It stands
by itself; is clear and intelligible. It speaks its own language, and
manifests its own purpose. It needs no interpretation, and requires no
comment. As a fact, as an important occurrence in national intercourse,
it may have important bearings on existing questions respecting the
public law; and individuals, or perhaps governments, may not agree as to
what these bearings really are. Great Britain has discussions, if not
controversies, with other great European states upon the subject of
visit or search. These states will naturally make their own commentary
on the treaty of Washington, and draw their own inferences from the fact
that such a treaty has been entered into. Its stipulations, in the mean
time, are plain, explicit, and satisfactory to both parties, and will be
fulfilled on the part of the United States, and, it is not doubted, on
the part of Great Britain also, with the utmost good faith.
Holding this to be the true character of the treaty, I might, perhaps,
excuse myself from entering into the consideration of the grounds of
that claim of a right to visit merchant-ships for certain purposes, in
time of peace, which Lord Aberdeen asserts for the British government,
and declares that it can never surrender. But I deem it right,
nevertheless, and no more than justly respectful toward the British
government, not to leave the point without remark.
In his recent message to Congress, the President, referring to the
language of Lord Aberdeen in his note to Mr. Everett of the 20th of
December, 1841, and in his late despatch to Mr. Fox, says: "
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