A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
Presidents -- United States; Tyler, John, 1790-1862; United States -- History -- Sources; United States -- Politics and government
It is true that in another case, that of the _Tigris_, of like general
character, soon after arising, the then Secretary of State, on the 1st
of March, 1841, informed Mr. Fox, the British minister, that "however
strong and unchangeable may be the determination of this Government to
punish any citizens of the United States who violate the laws against
the African slave trade, it will not permit the exercise of any
authority by foreign armed vessels in the execution of those laws."
But it is evident that this general declaration did not relieve the
subject from its difficulties. Vessels of the United States found
engaged in the African slave trade are guilty of piracy under the acts
of Congress. It is difficult to say that such vessels can claim any
interference of the Government in their behalf, into whosesoever hands
they may happen to fall, any more than vessels which should turn general
pirates. Notorious African slave traders can not claim the protection of
the American character, inasmuch as they are acting in direct violation
of the laws of their country and stand denounced by those laws as
pirates. In case of the seizure of such a vessel by a foreign cruiser,
and of her being brought into a port of the United States, what is to
be done with her? Shall she be libeled, prosecuted, and condemned as if
arrested by a cruiser of the United States? If this is to be done, it
is clear that the agency of a foreign power has been instrumental in
executing the laws of the United States. Or, on the other hand, is the
vessel, with all her offenses flagrant upon her, to be released on
account of the agency by which she was seized, discharged of all
penalties, and left at liberty to renew her illegal and nefarious
traffic?
It appeared to me that the best, if not the only, mode of avoiding these
and other difficulties was by adopting such a provision as is contained
in the late treaty with England.
The Senate asks me for the reasons for entering into the stipulations
for the "remonstrating embassies" contained in the late treaty. Surely
there is no stipulation in the treaty for any "remonstrating embassies,"
or any other embassies, nor any reference or allusion to any such thing.
In this respect all that the treaty provides is in the ninth article and
is in these words:
The parties to this treaty agree that they will unite in all becoming
representations and remonstrances with any and all powers within whose
dominions such markets [for African slaves] are allowed to exist, and
that they will urge upon all such powers the propriety and duty of
closing such markets effectually, at once and forever.
Public-domain text, read in full here on John Shaqi.
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