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is a fair subject for international representation and international treaty.

Her Majesty's cruizers on the coast of Africa observe vessels sailing under the American flag fitted up for the conveyance of slaves from Africa to Cuba; our Consuls in The United States report on the sailing of vessels intended for Slave Trade for Africa and the Havana; and Her Majesty's Consul-General at Havana reports the arrival at the island of Cuba of numerous vessels under the American flag laden with slaves.

In these circumstances Her Majesty's Government cannot consent to the condition of perpetual silence which General Cass wishes to impose upon them. They hold it to be a duty to speak the truth to The United States, even though it prove unpalatable. Whenever, therefore, they think it necessary to make representations they will do so, but they will do so in that tone of respect for a great, free, and friendly nation which they sincerely feel.

I am,

You will read this despatch to General Cass, and give him a copy of it. &c. J. RUSSELL.

Lord Lyons.

SIR,

(Inclosure.)-General Cass to Mr. Dallas.

Washington, October 27, 1860. MR. IRVINE, the Chargé d'Affaires of Her Britannic Majesty, has read to me, agreeably to the instructions of Lord John Russell, a despatch from his Lordship to Lord Lyons, dated September 10, 1860, and has left a copy of it at this department.

This despatch relates to the African Slave Trade, and presents to this Government some general considerations connected with it, which more than once have been brought to its attention. I do not propose to renew a discussion which it is not probable would change the views of either of the parties. But there are some statements and remarks which I am unwilling to pass by without observation, and to which I shall briefly refer.

I request you would remind Lord John Russell of what indeed has been heretofore made known to the British Government, that while The United States are anxious for the suppression of the Slave Trade, and are taking efficient measures to prevent their citizens from engaging in it, they have great national rights, essential attributes of their independence, in the exercise of which they will not suffer any other Power to participate, and among these is the jurisdiction over their own vessels upon the ocean. A divided sovereignty, territorial or maritime, in its use or abuse, may be fraught with consequences which their history teaches them to avoid.

In the despatch of Lord John Russell I perceive he refers to the [1860-61. LI.] 4 B

American flag as if it were contended that that national ensign afforded protection to the vessel bearing it. I beg you to assure his Lordship that this country advances no such pretension. The inmunity of a vessel upon the ocean depends upon her national character, to be ascertained, if contested, by her papers, and, if need be, by other circumstances, but not by the flag under which she sails. If a foreign cruizer boards a vessel with American colours, and she proves not to belong to this country, we have no right to complain of her examination or capture. But if her papers justify the assumption of the flag, and she is actually an American vessel, then a trespass has been committed by such cruizer, for which the Government to which it belongs is responsible; and the act itself will be more or less condemnable as the circumstances leading to it are of a character to justify suspicion or to repel it, and as the conduct of the boarding party is more or less offensive or injurious,

There may have latterly been some increase of the Slave Trade, as Lord John Russell supposes; I fear, indeed, there has been: but I have strong reasons for believing that the number of American vessels, not vessels sailing under the American flag, engaged in the traffic, has been greatly overrated. The evidence to which Lord John Russell refers in support of the lists which are furnished of the names of vessels employed in this business is of a very unsatisfactory character-anonymous statements made by letter-writers in the newspapers, which scarcely justify the assumption of the facts, stated as the basis of a diplomatic representation. It is added, however, I presume in corroboration of these statements, that a large portion of the vessels named have been actually met with by British cruizers on the American coast, under circumstances that left no doubt as to the illegal traffic in which they were about to be engaged. I am strongly inclined to think that the conclusion respecting the illegal character of the voyages of these vessels, or of many of them at least, must have been arrived at very willingly by the persons from whom the information was derived, and without much evidence in its support. British cruizers may have met on our coast, and outward bound, which they must have been if they were about to be engaged in this traffic, a large proportion of the 111 vessels enumerated by name; but in what manner the trade for which they were destined could be ascertained, at least without boarding them, I am at a loss to conjecture. And it is not to be supposed that they could have been entered by a foreign armed force off our coast, and the Government remain in ignorance of such violence.

Upon the receipt of Lord John Russell's note, I had some conversation with Mr. Helm, accidentally in Washington, our intelligent Consul-General at Havana, who, from his local and official position, has very favourable opportunities for procuring

correct information upon this whole subject, and he assured me that no such number of American vessels were engaged in this traffic, and that they were overrated by more than one-half, and so with respect to the numbers said to have succeeded in landing their slaves. In my despatch to you of March 31, 1860, a copy of which I requested you to send to the Foreign Office, I communicated some important information upon this subject, which I owed to the same authority, and which showed the great exaggerations which accompany these statements, and by which public functionaries are misled. It is his conviction that almost none of the capital employed in this nefarious traffic belongs to American merchants, but nearly the whole of it to foreigners; and I have no doubt but that, although much the larger portion of it is supplied by the Island of Cuba, still very few commercial countries are entirely free from its participation.

One of the most intelligent and experienced officers in our navy has observed to me in conversation upon this subject, that Consuls and other officers whose duty it is to report to Her Britannic Majesty's Government the condition of the Slave Trade, and the number of vessels engaged in it, naturally desire to furnish evidence of their vigilance, and they therefore do not investigate the facts with as much care as would otherwise be employed, and vessels are consequently reported as slave-traders upon mere rumours, and, in suspected latitudes, there are few that escape the suspicion; and thus it happens that lists are circulated which give very erroneous impressions respecting the extent of these hazarding adventurers.

Lord John Russell remarks in the despatch under consideration, "that if the national regard of The United States for the honour of their flag is so great as to prevent an effectual destruction of the Slave Trade by British cruizers, it is incumbent on The United States to take means of their own, which, if vigorously pursued, may extirpate a traffic condemned many years ago by the legislation of the Republic, and repugnant to every feeling of humanity." I do not understand how this conclusion is legitimately reached. I do not perceive that because The United States are not disposed to suffer their vessels at sea to be entered and searched by the armed force of other Powers, but choose to maintain the immunity from foreign jurisdiction which is secured to them by the law of nations, this adhesion to their rights imposes upon them any additional obligation, either with regard to the Slave Trade or to any other object of pursuit, legal or illegal, or makes it the more incumbent on them to adopt more vigorous measures for any purpose whatever.

The Slave Trade is justly condemned by the united voice of Christendom; but the part which any State will take in its suppres sion depends exclusively upon itself. If a State enters into Conven

tional stipulations with another Power, by which it engages to employ its naval force for that purpose, it, of course, becomes its duty, during the existence of such engagement, to furnish and employ in good faith the means it has undertaken to provide.

The United States and Great Britain have contracted this mutual obligation, and this country is not only faithfully fulfilling its engagements, but is going much beyond them. A more efficient squadron is employed in the African seas than is required by Treaty; and as 4 of the vessels upon this service are steamers, while they are far better adapted to the purpose, they are maintained at a greatly increased expense. At the same time we have, in addition, a squadron of armed steamers in the Cuban waters, for which there are no Treaty stipulations, occupied in the same work of suppression. And the success attending the operations of both these squadrons is an honourable testimony to the zeal and energy of our navy, and to its desire to carry into effect the instructions of the Government, though engaged in a most unpleasant and exposed duty.

The right of Great Britain to make representations to the Government to The United States at any time it may be believed that the American squadron is not kept up, or employed agreeably to the requisitions of the Treaty is fully conceded. But, with our Conventional duties, the right of interference ceases. What our moral duties demand of us is a subject for our own exclusive consideration. Very different opinions will often be formed by different nations of the policy they ought to adopt under given circumstances. But if each of them should assume the right to pass judgment upon the proceedings of the other, and to make its own views the subject of diplomatic representations, it is not difficult to foresee the unfortunate consequences which would result from such intervention.

I beg you would call the special attention of Lord John Russell to this matter, and to assure him, as the Foreign Office has been assured more than once before, that these diplomatic suggestions are as unnecessary as they are unacceptable, and to express the hope this Government entertains that similar appeals will not again be repeated. And, in connection with this topic, you will please also reiterate to his Lordship the assurance heretofore given that, while The United States are at all times ready to receive and consider any proper suggestions connected with this traffic, not already sufficiently discussed, yet it is felt that the subject, with its extensive ramifications, is pressed too often upon the attention of the Government, as though it needed these repeated representations to stimulate its action, or to teach it its duty.

You are requested to call upon Her Britannic Majesty's Prin

cipal Secretary of State for Foreign Affairs, and leave with him a

copy of this letter.

G. M. Dallas, Esq,

I am, &c.

LEW. CASS.

LAW of the Congress of New Granada, authorizing the Executive Power to allow the Exploration of the Isthmuses of Panama and Darien, and to conclude a Contract for the Excavation of a navigable Canal between the two Oceans.Bogotá, May 6, 1859.

(Translation.)

THE Congress of the Granadian Confederation decrees:

ART. I. The Executive Power is authorized to allow and to facilitate, as far as it rests with him to do so, the exploration of the Isthmuses of Paraná and Darien by those who wish to explore them for the purpose of finding and determining the most suitable line for the excavation of a navigable canal between the two oceans.

II. He is also authorized, after hearing the proposals of the Companies and individuals who are willing to undertake the excavation of the canal, to contract for its execution with the Company that may offer the best securities for completing it, and the greatest advantages for the Confederation, and for the commerce of nations in general.

III. If the concessions to be stipulated in the contract should not exceed those sanctioned by the law of 1st June, 1852,* which gives exclusive privilege for opening a canal between the gulf of San Miguel and the bay of Caledonia, the contract which is entered into will not need the subsequent approval of Congress; but if the concessions should exceed those sanctioned, or if the advantages stipulated in favour of the Confederation, should be inferior to those reserved to the Republic by the said law, the contract must be submitted for the approval of Congress.

Given at Bogotá, 6th May, 1859.

MANUEL JOSE ANAYA, President of the Senate.
J. A. MARROQUIN, President of the Chamber of
Representatives.

Let this be executed.

Bogotá, May 6, 1859.

MARIANO OSPINA, President of the Confederation.

M. A. SANCLEMENTE, Secretary for Home Affairs and War.

* Page 1238.

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