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.
It always gives me sincere pleasure to communicate to both Houses of Congress anything in my power which may aid them in the discharge of their high duties and which the public interest does not require to be withheld. In transmitting the late treaty to the Senate everything was caused to accompany it which it was supposed could enlighten the judgment of the Senate upon its various provisions. The views of the Executive, in agreeing to the eighth and ninth articles, were fully expressed, and pending the discussion in the Senate every call for further information was promptly complied with, and nothing kept back which the Senate desired. Upon this information and upon its own knowledge of the subject the Senate made up and pronounced its judgment upon its own high responsibility, and as the result of that judgment the treaty was ratified, as the Journal shows, by a vote of 39 to 9. The treaty has thus become the law of the land by the express advice of the Senate, given in the most solemn manner known to its proceedings. The fourth request is—
That the President be requested to communicate to the Senate all the correspondence with our ministers abroad relating to the foregoing points of inquiry.
If this branch of the resolution were more definite, some parts of it might perhaps be met without prejudice to the public interest by extracts from the correspondence referred to. At a future day a communication may be expected to be made as broad and general as a proper regard to these interests will admit, but at present I deem any such communication not to be consistent with the public interest.
The fifth and last is—
That the President be requested to communicate to the Senate all such information upon the negotiation of the African squadron articles as will show the origin of such articles and the history and progress of their formation.