Africa and the American FlagFoote, Andrew H. (Andrew Hull)
History
Africa and the American Flag
Foote, Andrew H. (Andrew Hull)
Africa, West -- Description and travel; Liberia -- History -- 1847-1944; Slave trade -- Africa, West
The question as to the effects arising from the abuse of the American
flag was brought into discussion in 1842, between American and British
diplomatists. Great Britain had to acknowledge, as the slave-trade
by the United States had only been declared piracy in a municipal
sense, that although a vessel was fully equipped for the trade, or
even had slaves on board, if American, she was in no sense amenable to
British cruisers. It, however, leaves the question unsettled, How is
a vessel to be ascertained to be American? The plea that any vessel,
hoisting any flag, is thereby secured against all interference in
all circumstances, never can be seriously offered as a principle of
national law. Neither the United States nor any other power has ever
acted on a dogma of this breadth. The United States do not claim that
their flag shall give immunity to those who are not American; for such
a claim would render it a cover to piracy and to acts of the greatest
atrocity. But any vessel which hoists the American flag, claims to be
American, and therefore while she may be boarded and examined by an
American cruiser, this right is not conceded to a foreign cruiser;
for the flag is prima facie evidence, although not conclusive proof
of nationality; and if such vessel be really American, the boarding
officer will be regarded in the light of a trespasser, and the vessel
will have all the protection which that flag supplies. If, on the other
hand, the vessel prove not to be American, the flag illegally worn
will afford her no protection. Therefore a foreign officer boarding
a vessel under the flag of the United States, does it upon his own
responsibility for all consequences.
These principles have been carried out in the co-operation and joint
cruising with British vessels, as will hereafter be seen, with
occasional exceptions of blustering and blundering, when American
cruisers were absent. This state of things, however, sometimes produces
a strange dilemma. The brig “Lawrence,” which was really American, was
captured and condemned by an English admiralty court, as a slaver, all
of which was contrary to national rights. But it was made out that she
was a slaver, and although the master protested, he found himself
helpless. The vessel was justly condemned as a slaver, but condemned by
the wrong party, which had no legal jurisdiction over her. The master
was a pirate if he fell into the hands of American authorities, and
thus was debarred all claim for redress.
There is no doubt that many such cases occurred, and would again on the
withdrawal of the squadron. This, therefore, gave a kind of impunity
to the British cruisers, in violating the rights of the American flag,
and kept things in an unsound state. The only remedy for it, was in the
permanent establishment of an American squadron on the coast.
Public-domain text, read in full here on John Shaqi.
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