rnment is of opinion that the sentiments of
the message, which you so highly approve, are reaffirmed and
corroborated by the treaty, and the correspondence accompanying it. The
very object sought to be obtained, in proposing the mode adopted for
abolishing the slave-trade, was to take away all pretence whatever for
interrupting lawful commerce by the visitation of American vessels.
Allow me to refer you, on this point, to the following passage in the
message of the President to the Senate, accompanying the treaty:--
"In my message at the commencement of the present session of
Congress, I endeavored to state the principles which this
government supports respecting the right of search and the immunity
of flags. Desirous of maintaining those principles fully, at the
same time that existing obligations should be fulfilled, I have
thought it most consistent with the dignity and honor of the
country that it should execute its own laws and perform its own
obligations by its own means and its own power. The examination or
visitation of the merchant-vessels of one nation by the cruisers of
another, for any purposes except those known and acknowledged by
the law of nations, under whatever restraints or regulations it may
take place, may lead to dangerous results. It is far better by
other means to supersede any supposed necessity, or any motive, for
such examination or visit. Interference with a merchant-vessel by
an armed cruiser is always a delicate proceeding, apt to touch the
point of national honor, as well as to affect the interests of
individuals. It has been thought, therefore, expedient, not only in
accordance with the stipulations of the treaty of Ghent, but at the
same time as removing all pretext on the part of others for
violating the immunities of the American flag upon the seas, as
they exist and are defined by the law of nations, to enter into the
articles now submitted to the Senate.
"The treaty which I now submit to you proposes no alteration,
mitigation, or modification of the rules of the law of nations. It
provides simply, that each of the two governments shall maintain on
the coast of Africa a sufficient squadron to enforce, separately
and respectively, the laws, rights, and obligations of the two
countries for the suppression of the slave-trade."
In the actual post
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