M. Guizot correctly states that when, at the close of the year 1843, the count of Sainte-Aulaire announced to me the intention of the French government to propose certain measures which they felt satisfied would be found preferable to the exercice of the right of search, and better calculated to attain the objects in view. I at that time informed the French ambassador that my conviction of the sincerity and zeal of M. Guizot for the abolition of the slave trade would induce me to receive any suggestions from him on the subject, and to submit them for the consideration of Her Majesty's government.
Your Excellency may assure M. Guizot that her Majesty's government attach no special value to the right of search, except in so far as it affords an effectual means of suppressing the slave trade. They are indeed aware that the exercise of this right cannot fail to be attended with some inconvenience; and they would willingly see the adoption of any measures which should be as effectual for the accomplishment of the great end in view, and which should not be liable to the same objections.
I am bound however, in candour, to declare that I have not hitherto seen any plan proposed which could safely be adopted as a substitute for the right of search: and when M. Guizot recollects how earnestly the people of this country have desired the abolition of the slave trade, and the enormous sacrifices which they have made, and are dayly making, to secure the attainment of this object, he will not be surprised if we hesitate to abrogate treaties the stipulations of which have been found efficient, until we are satisfied that the measures about to be proposed will be attended with equal success.
I abstain from enquiring into the causes which have led to the great change of sentiment in France respecting these treaties, which up to a recent period the French government had united with that of Her Majesty in pressing on the adoption of other nations.
Be these causes what they may, I fully admit that such engagements, if not executed with cordiality and zeal by both the contracting parties, must become less likely to answer the purpose intended, and their value be justly impaired.
It is unnecessary, therefore, to dwell on the means taken by Her Majesty's government to remove all reasonable grounds of objection to the exercise of the right of search, and on the care with which the instructions recently delivered to the officers employed in this service have been prepared.
The mere fact, officially declared by M. Guizot, that the government, the Legislature and the people of France earnestly demand a revision of these engagements, while they profess at the same time an undiminished desire to attain the objects for which they were contracted, would afford to Her Majesty's government a sufficent reason for agreeing to the proposed enquiry.
But in assenting to the suggestion of M. Guizot, your Excellency cannot too strongly impress upon his mind how much will depend upon the character of the persons who may be selected as commissioners, in order to inspire the necessary degree of confidence, and to ensure any useful result.
It appears to Her Majesty's government to be indispensable that the commission should be composed of individuals of high station and of enlightened views, men perfectly independent and well known for their attachment to the great cause of freedom and humanity.
It must clearly be made known that the object of the commission is not to get rid of the treaties, but to ascertain the possibility of adopting measures by which they may advantageously be replaced. It appears essential also that, whatever substitute may be proposed, if any be found, should be considered in the first instance only as an experiment, by which the operation of the treaties in this respect would necessarily be suspended until its success or failure had been manifest.