Serious differences between Great Britain and the United States of America occupied the attention of both Governments during the years 1841 and 1842, and were brought to a satisfactory termination by the Ashburton Treaty, referred to in the Royal Speech at the opening of Parliament in 1843. The questions at issue, which were keenly debated on both sides, related to the right of search, the Canadian boundary, and the McLeod affair. The Government of Great Britain regarding the slave-trade as an enormous evil and a scandal to the civilised world, entered into arrangements with other nations for its suppression. For that purpose treaties were concluded, securing to each of the contracting parties the mutual right of search under certain limitations. The United States Government declined to be a party to these treaties, and refused to have their vessels searched or interfered with in time of peace upon the high seas under any pretence whatever. Notwithstanding these treaties, however, and the costly measures which Great Britain had recourse to for suppressing the nefarious traffic in human beings, the slave trade was carried on even by some of the nations that had agreed to the treaties; and in order to do this more effectually, they adopted the flag of the United States. For the purpose of preventing this abuse, Great Britain claimed the right of search or of visitation to ascertain the national character of the vessels navigating the African seas, and detaining their papers to see if they were legally provided with documents entitling them to the protection of any country, and especially of the country whose flag they might have hoisted at the time. Lord Palmerston, as Foreign Secretary, argued that while his Government did not claim the right to search American merchantmen in times of peace, a merchantman could not exempt itself from search by merely hoisting a piece of bunting with the United States emblems and colours upon it. It should be shown by the papers that the vessel was entitled to bear the flag—that she was United States property, and navigated according to law. Mr. Stevenson, the American Minister, protested strongly against this doctrine, denying that there was any ground of public right or justice in the claim put forth, since the right of search was, according to the law of nations, a strictly belligerent right. If other nations sought to cover their infamous traffic by the fraudulent use of the American flag, the Government of the United States was not responsible; and in any case it was for that Government to take such steps as might be required to protect its flag from abuse.

The question of the Canadian boundary had been an open sore for more than half a century. Nominally settled by the treaty of 1783, it had remained in dispute, because that arrangement had been drawn up on defective knowledge. Thus the river St. Croix was fixed as the frontier on the Atlantic sea-board, but there were five or six rivers St. Croix, and at another point a ridge of hills that was not in existence was fixed upon as the dividing line. Numerous diplomatic efforts were made to settle the difficulty; finally it was referred to the King of the Netherlands, who made an award in 1831 which was rejected by the United States. The question became of increasing importance as the population grew thicker. Thus, in 1837, the State of Maine decided on including some of the inhabitants of the disputed territory in its census, but its officer, Mr. Greely, was promptly arrested by the authorities of New Brunswick and thrust into prison. Here was a serious matter, and a still greater source of irritation was the McLeod affair. McLeod was a Canadian who had been a participator in the destruction of the Caroline. Unfortunately his tongue got the better of his prudence during a visit to New York in 1840, and he openly boasted his share in the deed. He was arrested, put into prison, and charged with murder, nor could Lord Palmerston's strenuous representations obtain his release. At one time it seemed as if war was imminent between England and the United States, but, with the acquittal of McLeod, one reason for fighting disappeared.

Such being the state of our relations with America, Sir Robert Peel's Government determined to send to Washington a special ambassador who should be clothed with full powers to effect an amicable adjustment of all the causes of dispute. The gentleman selected for this purpose was Lord Ashburton. A more judicious selection could not possibly have been made. Mr. Alexander Baring, who had been raised to the peerage in 1835, having been previously President of the Board of Trade and Master of the Mint, was known throughout the world as one of our merchant princes, and was the husband of an American lady, the daughter of Mr. William Bingham, of Philadelphia, a senator of the United States. The hopes which his mission excited were not disappointed. He sailed from England in February, 1842, and after a tedious and stormy passage, arrived at New York on the 1st of April. He immediately entered upon negotiations with Mr. Webster. They continued till the month of August, when a treaty was agreed upon and signed at Washington by the two plenipotentiaries, the mutual exchange of ratifications to take place in London within six months of that date. By that treaty the line of the north-eastern boundary was settled, concession on the St. John being purchased by the surrender of a strip of land to the States of New York and Vermont. It was stipulated that Great Britain and America should each maintain a sufficient squadron or naval force, carrying not less than eighty guns, for the purpose of enforcing, separately and respectively, the laws, rights, and obligations of each of the two countries for the suppression of the slave trade, and should use their joint influence for suppressing the slave markets. It also provided for the mutual delivery to justice of all persons charged with murder, or assault with intent to murder, or with piracy, robbery, forgery, and arson committed within the jurisdiction of either country, should they be found within the territories of the other; but the evidence of criminality should be sufficient to warrant the committal for trial of the fugitive according to the laws of the country in which he was apprehended. This was a distinct withdrawal of Lord Palmerston's pretensions with regard to the McLeod affair. The mission was thus eminently successful, but Lord Palmerston was of another opinion, and declaimed in the House of Commons against the "Ashburton surrender." But the Commons were unprepared to condemn the work, and the debate ended in a count-out. The House of Lords, on the motion of Brougham, passed a vote of thanks to Lord Ashburton.

SEIZURE OF SIR WILLIAM MACNAGHTEN. (See p. [495].)

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The war in Afghanistan was alluded to in the Royal Speech, at the opening of the Session of 1843, in terms of congratulation at the complete success that had attended the recent military operations in that country, owing to the high ability with which they had been directed, as well as the constancy and valour of the European and native forces, which had established, by decisive victories on the scenes of former disasters, the superiority of her Majesty's arms, and had effected the liberation of the British subjects that had been held in captivity. This, therefore, is the proper time to relate briefly the incidents of that war, some of which are full of romantic interest. About the year 1837 the attention of the British Government in India was attracted by the conduct of certain supposed agents of Russia, in the countries to the west of the Indus. The Russian ambassador, Simonitch, was urging the Shah to lay siege to Herat, "the key to India," and the place was soon closely invested. It was saved by the fortuitous presence in the town of a gallant young officer of engineers, Eldred Pottinger, who rallied the inhabitants and beat off the enemy. Meanwhile, another Russian agent, Vicovitch by name, had been sent to Cabul. In order to counteract his designs, it was thought desirable to establish an alliance with the rulers of Afghanistan. With this view overtures were made to Dost Mahomed Khan through a mission headed by Alexander Burnes. These having failed, chiefly from the ill-advised interference with Burnes of the Governor-General, Lord Auckland, the British Government sought to establish a friendly power in Afghanistan by aiding the exiled prince, Shah Sujah, in another attempt to regain his throne. The step, which was condemned by numerous clear-sighted people in India, was probably forced upon Lord Auckland by the Melbourne Ministry, to whom it was recommended by the military authorities at home, among them the Duke of Wellington. The chief of Cabul had an army of 14,000 men, including 6,000 cavalry, with 40 field-pieces. His brothers held Candahar and the surrounding country, with a military force of 4,000 men and 50 guns. The British force assembled to support the claims of his opponent amounted to 28,000 men, aided by a contingent force of 6,000 Sikhs, furnished by the ruler of the Panjab, and about 5,000 troops raised by the Shah's eldest son. This combined force was called "the Army of the Indus." Under the chief command of Sir John Keane, it advanced to the town of Quetta, and thence to Candahar, which was occupied without opposition; and there, on the 8th of May, 1839, Shah Sujah was solemnly enthroned. After this the march was resumed towards Cabul. The fortress of Ghuznee, believed by the Afghans to be impregnable, was blown up and taken by storm. The invading army reached Cabul, and on the 7th of August the restored sovereign made his public entry into his capital. Having thus accomplished its mission, the Army of the Indus returned home, leaving behind a detachment of 8,000 men. For two years Shah Sujah and his allies remained in possession of Cabul and Candahar, Dost Mahomed having surrendered after having won a partial success over the British on the 2nd of November, 1840.

But the attempts to reduce the other chiefs to subjection were unsuccessful. An unfortunate collision with the tribes of Ghilzais formed a painful episode in the Afghan war. The Cabul Pass is a long defile, through which the road runs from Cabul to Jelalabad, which it was therefore necessary to keep open for the purpose of safe intercourse between Cabul and British India. The Indian Government thought that the most desirable mode of effecting this object was to pay the Ghilzai chiefs a yearly sum from the Cabul treasury, in order that our troops might not be molested. But retrenchment being determined upon, the money was withheld; the chiefs, therefore, felt that the British had been guilty of a deliberate breach of faith. They were exasperated, assumed a hostile attitude, and cut off all communication with British India. It therefore became necessary to force the Pass, for which purpose Major-General Sir Robert Sale was sent by General Elphinstone from Cabul, with a brigade, of light infantry. On the 12th of October they entered the Pass, near the middle of which the enemy were found posted behind precipitous ridges of the mountains on each side, from which they opened a well-directed fire. General Sale was hit with a ball above the ankle, and compelled to retire and give the command to Colonel Dennie. The Pass was gallantly cleared, but with severe fighting and heavy loss. After this was accomplished, the force had still to fight its way through a difficult country, occupied by an active enemy, for eighteen days. All the commanding points of the hills were held by the Ghilzais, where they were protected by breastworks; and though they had been from time to time outflanked and routed, when the march was resumed and the cumbrous train of baggage filed over the mountains the enemy again appeared from beyond the most distant ridges, renewing the contest with increased numbers and the most savage fury. Since leaving Cabul our troops had been kept constantly on the alert by attacks night and day. Their positions had been secured only by unremitting labour, throwing up entrenchments, and very severe outpost duty. The enemy were eminently skilful at the species of warfare to which their attempts had been confined, and were armed with weapons that enabled them to annoy the invaders from a distance at which they could be reached only by our artillery. The brigade reached Jelalabad on the 12th of November.

The force left to keep possession of Cabul and guard the protégé of the Indian Government was so situated as to tempt the aggression of a treacherous enemy. Sir William Macnaghten, the British Resident, and his suite, resided in the Mission Compound, which was badly defended, and commanded by a number of small forts, while the commissariat stores were placed in an old fort, detached from the cantonment and in such a state as to be wholly indefensible. Moreover, General Elphinstone, the commander of the troops, was old and inefficient. A conspiracy had been formed by the friends of Akbar Khan, son of the deposed sovereign, Dost Mahomed, who forged a document, and had it circulated amongst the principal men of Cabul, to the effect that it was the design of the British envoy to send them all to London, and that the king had issued an order to put the infidels all to death. The insurrection commenced by an attack on the dwellings of Sir Alexander Burnes, who was about to succeed Macnaghten, and Captain Johnson, who resided in the city. Sir Alexander addressed the party from the gallery of his house, thinking that it was a mere riot. The insurgents, however, broke in, killed him with his brother, Lieutenant Burnes, and Lieutenant Broadfoot, and set the house on fire. The Afghans then surrounded the cantonments, and poured in a constant fire upon them from every position they could occupy. They quickly seized the ill-defended commissariat stores, upon which the existence of the British depended. The garrison bravely defended itself with such precarious supplies as could be had from the country; but at length these supplies were exhausted. Winter set in, snow fell, and there was nothing before them but the prospect of starvation. They therefore listened to overtures for negotiation, and the British envoy was compelled to consent to these humiliating terms on the 11th of December, 1841:—That the British should evacuate the whole of Afghanistan, including Candahar, Ghuznee, and Jelalabad; that they should be permitted to return unmolested to India, and have supplies granted on their road thither; that means of transport should be furnished to the troops; that Dost Mahomed Khan, his family, and every Afghan then detained within our territories should be allowed to return to their own country; that Shah Sujah and his family should receive from the Afghan Government one lac of rupees per annum; that all prisoners should be released; that a general amnesty should be proclaimed; and that no British force should ever be sent into Afghanistan without being invited by the Afghan Government. These terms having been agreed to, the chiefs took with them Captain Trevor as a hostage; but nothing was done to carry the agreement into effect, and Macnaghten and Elphinstone remained irresolutely at Cabul. Some of their staff attempted to bribe the Afghans, and Akbar Khan thereupon determined to withhold supplies. It soon became evident that the object was to starve out the garrison, and compel them to surrender unconditionally. At length, on the 22nd of December, they sent two persons into the cantonment, who made a proposal in the name of Akbar Khan, that the Shah should continue king, that Akbar should become his Prime Minister, and that one of the principal chiefs should be delivered up to the British as a prisoner. This was a mere trap, into which Sir William Macnaghten unfortunately fell with fatal credulity. On the 23rd of December the envoy, attended by Captains Lawrence, Trevor, and M'Kenzie, left the Mission Compound, to hold a conference with Akbar Khan in the plain towards Serah Sung. Crowds of armed Afghans hovering near soon excited suspicions of treachery. Captain Lawrence begged that the armed men might be ordered off; but Akbar Khan exclaimed, "No, they are all in the secret." At that instant Sir William and the three officers were seized from behind and disarmed. Sir W. Macnaghten was last seen on the ground struggling violently with Akbar Khan, consternation and terror depicted on his countenance. "His look of wondering horror, says Kaye, "will never be forgotten by those who saw it, to their dying day." The other three officers were placed on horses, each behind a Ghilzai chief, who galloped off with them to a fort in the neighbourhood. Captain Trevor fell off his horse, and was instantly murdered. The others were assailed with knives by the infuriated Afghans, and barely escaped to the fort with their lives. Meanwhile the head of the British Minister was cut off and paraded through the streets, while the bleeding and mangled trunk was exposed to the insults of the populace in the principal bazaar.

Notwithstanding all this treachery and barbarity, General Elphinstone, feeling his situation desperate, was weak enough to trust the Afghan chiefs, and to enter into a convention with them on the 1st of January, in the hope of saving the garrison from destruction. The negotiations were carried on by Major Pottinger, the defender of Herat, and it was agreed that the former treaty should remain in force, with the following additional terms:—That the British should leave behind all their guns excepting six; that they should immediately give up all their treasures; and that hostages should be exchanged for married men with their wives and families. To this, however, the married men refused to consent, and it was not insisted on.