A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 1: James Monroe
Monroe, James, 1758-1831; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Animated by an ardent desire to suppress this trade, the United States
took stronger ground by making it, by the act above referred to,
piratical, a measure more adequate to the end and free from many of
the objections applicable to the plan which had been proposed to them.
It is this alternative which the Executive, under the sanction and
injunctions above stated, offered to the British Government, and which
that Government has accepted. By making the crime piracy the right of
search attaches to the crime, and which when adopted by all nations will
be common to all; and that it will be so adopted may fairly be presumed
if steadily persevered in by the parties to the present convention. In
the meantime, and with a view to a fair experiment, the obvious course
seems to be to carry into effect with every power such treaty as may be
made with each in succession.
In presenting this alternative to the British Government it was made
an indispensable condition that the trade should be made piratical
by act of Parliament, as it had been by an act of Congress. This was
provided for in the convention, and has since been complied with. In
this respect, therefore, the nations rest on the same ground. Suitable
provisions have also been adopted to protect each party from the abuse
of the power granted to the public ships of the other. Instead of
subjecting the persons detected in the slave trade to trial by the
courts of the captors, as would be the case if such trade was piracy by
the laws of nations, it is stipulated that until that event they shall
be tried by the courts of their own country only. Hence there could be
no motive for an abuse of the right of search, since such abuse could
not fail to terminate to the injury of the captor.
Should this convention be adopted, there is every reason to believe
that it will be the commencement of a system destined to accomplish the
entire abolition of the slave trade. Great Britain, by making it her
own, confessedly adopted at the suggestion of the United States, and
being pledged to propose and urge its adoption by other nations in
concert with the United States, will find it for her interest to abandon
the less-effective system of her previous treaties with Spain, Portugal,
and the Netherlands, and to urge on those and other powers their
accession to this. The crime will then be universally proscribed as
piracy, and the traffic be suppressed forever.
Public-domain text, read in full here on John Shaqi.
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