h detention afterward turn out to have been
without good cause, however guarded by instructions, or however
cautiously exercised, necessarily leads to serious inconvenience and
injury. The amount of loss cannot be always well ascertained.
Compensation, if it be adequate in the amount, may still necessarily be
long delayed; and the pendency of such claims always proves troublesome
to the governments of both countries. These detentions, too, frequently
irritate individuals, cause warm blood, and produce nothing but ill
effects on the amicable relations existing between the countries. We
wish, therefore, to put an end to them, and to avoid all occasions for
their recurrence.
On the whole, the government of the United States, while it has not
conceded a mutual right of visit or search, as has been done by the
parties to the quintuple treaty of December, 1841, does not admit that,
by the law and practice of nations, there is any such thing as a right
of visit, distinguished by well-known rules and definitions from the
right of search.
It does not admit that visit of American merchant-vessels by British
cruisers is founded on any right, notwithstanding the cruiser may
suppose such vessel to be British, Brazilian, or Portuguese. We cannot
but see that the detention and examination of American vessels by
British cruisers has already led to consequences, and fear that, if
continued, it would still lead to further consequences, highly injurious
to the lawful commerce of the United States.
At the same time, the government of the United States fully admits that
its flag can give no immunity to pirates, nor to any other than to
regularly documented American vessels. It was upon this view of the
whole case, and with a firm conviction of the truth of these sentiments,
that it cheerfully assumed the duties contained in the treaty of
Washington; in the hope that thereby causes of difficulty and difference
might be altogether removed, and that the two powers might be enabled to
act concurrently, cordially, and effectually for the suppression of a
traffic which both regard as a reproach upon the civilization of the
age, and at war with every principle of humanity and every Christian
sentiment.
The government of the United States has no interest, nor is it under the
influence of any opinions, which should lead it to desire any derogation
of the just authority and rights of maritime power. But in the
convictions which it entertains
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