Mr. Forsyth to Mr. Fox. DEPARTMENT OF STATE, Washington, February 11, 1841. SIR: I have the honor to acknowledge the receipt of your letter of the 5th instant, on the subject of certain proceedings connected with the case of the American vessel "Tigris," recently carried into the port of Boston, in the care, as you state, of a British officer and prize crew. No information relating thereto having been communicated to this department, a definitive reply cannot be given to your letter until all the facts have been obtained from the United States attorney in Boston, who will be written to immediately to transmit them. In the mean time, it is presumed that, in an event so extraordinary as that of a vessel acknowledged to be American brought into an American port in the care of a British officer and prize crew, any failure to act by the district attorney must have been occasioned by an opinion that his official interference was not required by the obligations of his public duty. I avail myself, &c. HENRY S. FOX, Esq., &c. &c. &c. JOHN FORSYTH. Mr. Forsyth to Mr. Fox. DEPARTMENT OF STATE, Washington, March 1, 1841. SIR: By the directions of the President of the United States, I have the honor to transmit to you a copy of a letter from Mr. Mills, the United States attorney for the district of Massachusetts, on the subject of the "Tigris," an American vessel, brought into the port of Salem under charge of a British officer and prize crew, and to inform you that the explanation of the attorney is entirely satisfactory to the President. You will also receive, herewith, the copy of a letter from the commander of her Britannic Majesty's brig "Waterwitch," which was delivered to Mr. Mills in Boston. The President has seen from it, with great satisfaction, that commander Matson, of the "Waterwitch," has acted in this matter without instructions from his government, and upon his own responsibility only. With due consideration to the motives alleged for this extraordinary interference with an American vessel by a British ship-of-war, it is considered by the President his indispensable duty to call, through you, the attention of her Majesty's government to this act of commander Matson, that it may be visited with such distinct reprehension as to prevent the repetition of a similar act by other officers in her Majesty's service. The command-. ers of the ships-of-war of the United States on the coast of Africa are instructed not to molest any foreign vessels, and to prevent any molestation of American vessels by the armed vessels of any foreign nation. 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. I avail myself, &c. HENRY S. Fox, Esq., &c. &c. &c. JOHN FORSYTH. Mr. Fox to Mr. Webster. WASHINGTON, February 2, 1843. The undersigned, her Britannic Majesty's envoy extraordinary and minister plenipotentiary, has been instructed by his government to communicate the accompanying documents to the government of the United States. They relate, it will be seen, to the case of the American vessel "Douglas," detained in the month of October, 1839, by the commander of her Majesty's sloop-of-war "Termagant," off the coast of Africa, for being engaged in the illicit traffic of slaves. The case of the "Douglas" has already been the subject of official correspondence between the United States legation in London and her Majesty's Secretary of State for Foreign Affairs, together with the cases of two other American vessels, the "Tigris" and the "Seamew," to the owners of which her Majesty's government have agreed to grant compensation to indemnify them for losses sustained through the detention of their vessels. Her Majesty's government are ready to allow that the "Douglas" being an American vessel, and sailing under the American flag, the act of the commander of the British sloop-of-war "Termagant," in seizing her and sending a prize crew on board, who kept possession of her during eight days, was not justifiable by the law of nations, or by any treaty between Great Britain and the United States; and it is therefore admitted that the government of the United States have a right to claim compensation for the owners of the "Douglas," on account of losses sustained by reason of the detention of their vessel. But it will be satisfactory to her Majesty's government, and doubtless not less so to the government of the United States, that this claim should not be made without a full knowledge of the circumstances under which the detention of the vessel took place, and of the nature of the voyage which it interrupted. These circumstances are fully described in the accompanying despatch and its enclosures, which contain the result of an investigation instituted by the senior officer of her Majesty's naval forces on the coast of Africa, in pursuance of the orders of his government. If, after a full consideration of the facts disclosed by this investigation, the United States government shall continue to be of opinion that compensation ought to be claimed for the owners of the American vessel "Douglas," her Majesty's government will not refuse to grant it; but her Majesty's government will, in that case, have the satisfaction of knowing that they have not voluntarily lent themselves to the indirect sanction of a slave-trading speculation, or withheld from the government of the United States any information which it was in their power to give respecting the real character of the vessel in question, or of the adventure in which SIR: I transmit to you, herewith, the copy of a despatch (No. 22) addressed to this department on the 16th of October last by the consul of the United States at Rio de Janeiro. Transcripts are also sent of the enclosures therein referred to. These papers set forth the circumstances attending a gross violation of the flag of our country by the commander of her Britannic Majesty's sloop "Columbine" on the 22d of July last, off Ambrise, on the coast of Africa, in boarding and taking possession of an American merchant vessel, the brig "Edwin," of New York, while prosecuting a lawful commerce; compelling her master, by acts of violence, and with contumelious language, to quit his vessel; forcibly taking possession of his log-book and other papers; carrying him on board the British sloop, and there detaining him a prisoner, under guard, until the hatches of his vessel had been opened, a part of the cargo removed, and a strict search made for proofs of his having been engaged in the slave trade. Under pretext of such a suspicion, (which nothing appears to have authorized,) the commander of the "Columbine" assumed to perpetrate the offences charged in the deposition of Captain Dayley, the truth of which is corroborated by the officers and seamen who sailed with him. It is the wish of the President that the attention of the British government should be forthwith called to this case. You are accordingly directed to address a representation of it to Lord Palmerston, exhibiting the facts as set forth in the accompanying documents, expressing the dissatisfaction it has occasioned this government, asking for such explanations of the transaction as her Majesty's government may have to offer, and demanding that the very vexatious and reprehensible conduct of commander Elliot on this occasion be adequately punished. I am, &c., ANDREW STEVENSON, Esq., &c. &c. &c. JOHN FORSYTH. Mr. Stevenson to Mr. Forsyth. [Extract.] LEGATION OF THE UNITED STATES, London, February 18, 1840. I received, on the 4th instant, your despatch No. 64, transmitting the papers in relation to the late outrage committed by Lieut. Elliot, of the British navy, upon the American brig "Edwin," of New York, off the coast of Africa. I immediately addressed an official note to Lord Palmerston on the subject, setting forth the prominent facts of the case, and expressing the expectation of our government that suitable measures would be taken for inquiry and redress. On the 16th I received his answer, a copy of which, with my two notes, I now enclose. [Enclosure.] Mr. Stevenson to Lord Palmerston. 32 UPPER GROSVENOR STREET, February 5, 1840. The undersigned, envoy extraordinary and minister plenipotentiary from the United States, has been specially charged by his government to make the following_representation to Lord Viscount Palmerston, her Majesty's principal Secretary of State for Foreign Affairs, respecting an alleged violation of the flag of the United States by the commandant of the British sloop-of-war the "Columbine," in July last, on the coast of Africa. From the affidavits (regularly taken before the American consul at Rio de Janeiro) of James Dayley, master, Richard Darling, chief mate, John Albertson, second mate, and three seamen, of the American brig "Edwin," of New York, which the undersigned has now the honor of transmitting to Lord Palmerston, together with a copy of an official letter from the consul at Rio de Janeiro to the Secretary of State, it appears that on the 22d of July last, off Ambrise, near the African coast, George Elliot, the commander of her Majesty's sloop the "Columbine," boarded and took possession of the "Edwin" while at sea, prosecuting a lawful trade, and under the protection of the flag of the United States; that, immediately after boarding, Captain Dayley was compelled, by acts of violence, and in the most insulting manner, to quit his vessel; his log-book and other papers were forcibly taken from his possession, and he carried on board the British sloop, and there detained as a prisoner, under guard, until the hatches of his vessel were opened, a part of the cargo removed, and a strict search made to ascertain whether there were any slaves on board. These are the important facts of the case, as they appear conspicuous in the papers now transmitted for the consideration of her Majesty's government. The grounds alleged by Captain Elliot for this proceeding were, that this brig was engaged in the slave trade. Now, the affidavits of the captain and the two mates and seamen show that there was no just foundation for any such supposition, and nothing to excuse or extenuate so gross an outrage upon the flag of an independent nation and the rights of its citizens. On the contrary, the whole proceeding appears to have been one of an aggravated and unwarrantable character. Upon the subject of the right of British officers to search the vessels of the United States, under pretence of their being engaged in the slave trade, it may be proper again distinctly to state to Lord Palmerston that the gov ernment of the United States can never acquiesce. The undersigned has heretofore taken occasion to announce to her Majesty's government the determination of that of the United States, that her flag is to be the safeguard of all who sail under it, either in peace or war; and, consequently, that no just exception can be allowed in favor of a right of search connected with the slave trade, or the fulfilment of treaties between Great Britain and other nations for its abolition, to which the United States are not a party. Whilst the United States, therefore, have omitted nothing which was proper to be done for preventing its flag from being used for the protection of a traffic which they were the first to denounce as piracy by their laws, and for the abolition of which their efforts have been as sincerely and cordially directed as those of Great Britain, they cannot acquiesce in the practice of having their vessels and citizens interrupted and detained, whilst engaged in commercial pursuits, by British officers, under any pretence, such as that exercised by Captain Elliot. The undersigned has, therefore, been instructed to present this case to the consideration of her Majesty's government, and to ask for such explanations of the transaction as it may be able to give, and likewise to express the just expectation of his government, that, should the complaint be such as it has been represented, her Majesty's government will not only take pleasure in disavowing the proceeding, but will see fit to mark its disapprobation of such vexatious and reprehensible conduct by a suitable and signal punishment of the individual by whom it has been perpetrated. The undersigned, &c. [Enclosure.] A. STEVENSON. Lord Palmerston to Mr. Stevenson. FOREIGN OFFICE, February 15, 1840. The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, has received the note which was addressed to him under date of the 5th instant, by Mr. Stevenson, envoy extraordinary and minister plenipotentiary from the United States government, complaining of the conduct of Lieutenant Elliot, of her Majesty's navy, in examining the papers of the United States vessel "Edwin." The undersigned has desired that inquiry may be immediately instituted into the facts of the case, and will lose no time in making Mr. Stevenson acquainted with the result of his inquiry. The undersigned, in the mean time, begs to inform Mr. Stevenson that strict orders have been given to her Majesty's cruisers employed for the suppression of the slave trade not to interfere with vessels belonging to countries with which Great Britain has no treaty conceding mutually a right of search. But the undersigned cannot refrain from availing him, self of this opportunity of requesting Mr. Stevenson to draw the attention of the President of the United States to the progressively increasing extent to which the citizens and vessels of the Union are engaging in the slave trade; for, not only do vessels which are not the property of citizens of the United States fraudulently assume the United States flag in order to cover their criminal undertakings, but, in contempt and violation of the laws of |