posed by nothing but Mr. Littlehales's report, not on oath, and in one, and that the most important point, self-contradictory. The undersigned dwells with great satisfaction on the encouragement which Lord Aberdeen has already held out, that he will reconsider the case. The undersigned attaches an importance to the final decision of her Majesty's government far beyond the value of the interests directly involved in the case of the "Jones ;" and he cannot but fear, that if no further relief is afforded to the owners of that vessel than that which is tendered in Lord Aberdeen's note of March 2, a degree of discontent will be produced, on the part of the government and people of the United States, of a character greatly to be deprecated. The undersigned, &c. The EARL OF ABERDEEN, &c. &c. &c. EDWARD EVERETT. Mr. Everett to Mr. Legaré. [Extract.] LONDON, June 1, 1843. I have the honor to acknowledge the receipt of despatch No. 42, dated May 11, transmitting a copy of a letter from Captain Sims, of the American barque "Rhoderick Dhu," and a communication from Mr. Lawrence Day, agent for captured Africans on the coast of Africa, containing information relative to an outrage on the "Rhoderick Dhu" by an officer and armed boat's crew from the British brigantine the "Spy," near the mouth of the river Volta, on the 4th of last January. Having occasion to see Lord Aberdeen for another purpose yesterday afternoon, I thought it advisable to allude to this occurrence before addressing him an official note. He said he had already received a report on the subject, of which, however, he recollected only the name of the vessel, and was, of course, unable to give me any explanations. As it, however, appears that some intelligence has already been received on the subject from the coast of Africa, and a more prompt reply may be therefore expected than would otherwise be practicable, I think it may be advisable, in preparing my note, to confine myself to a simple statement of the case, as presented in your despatch and the accompanying papers, with a claim for such redress as may be due, should that account be substantiated on inquiry. This course seems to me to be rendered peculiarly expedient by the friendly tone of the most recent communications between the two governments in reference to visitation and search. Mr. Everett to Mr. Legaré. [Extracts.] LONDON, June 8, 1843. There is another case-that of the "Douglas"-in reference to which it is desirable that I should receive some information from the department. This vessel was detained eight days in the African seas by a British cruising officer, on suspicion (probably well-founded) of being engaged in the slave trade. Her detention formed the subject of a,correspondence between my predecessor and Lord Palmerston, as it has, subsequently, between Lord Aberdeen and myself. I beg leave to refer you to the copy of my letter to him, dated 12th of November last, and to Lord Aberdeen's reply of the 29th of December, and the accompanying papers. I have been informed by Lord Aberdeen that those papers were considered as creating so strong a presumption against the vessel, as not only to prevent the government of the United States from interfering in favor of her owners, but to cause the reference of the case to the prosecuting officer of the government. No information has been received by me from the department on this subject. Mr Legaré to Mr. Everett. [Extracts.] DEPARTMENT OF STATE, Washington, June 13, 1843. I have the honor to acknowledge the receipt of your despatch No. 38, with the voluminous documents relating to the case of the "Jones." I have read with the deepest interest your elaborate and able exposition of the facts and the law of this distressing case. Although not strictly to be classed under the head of the right of search, it involves the great system of policy on which that right is asserted, and is a striking example of the practical evils that will inevitably flow from the unchecked exercise of it. In a private letter which I addressed to you some weeks ago, dwelt much upon the oppression and vexations to which our commerce would be subjected by suits of this kind, terminating in acquittal indeed, but without costs or damages, and perhaps with costs allowed to the captors. The case of the "Jones" is a flagrant instance to show the possible magnitude of that evil. Want of time, and an unusual multiplicity of engagements, have prevented me, as yet, from looking fully into this matter. Besides your despatch, I have read Lord Aberdeen's last note to you. He makes out, on the showing on that side, a rather plausible case; but I quite agree with you that there is something extremely improbable in the statement of Lieutenant Littlehales. What, indeed, can appear more extraordinary than the seizing a ship now acknowledged, by a solemn judgment in law, to be beyond suspicion, in a friendly harbor, with all necessary papers, and within reach of a custom house, by an officer acting in fulfilment of orders in their very nature calculated only for an extraordinary service? Surely the civil authority in every part of the British dominions ought to be able to dispense with the assistance of the military in a case clearly of civil jurisdiction, and within that jurisdiction. I shall myself, as soon as I can command the necessary leisure, look fully into the whole case, and perhaps write to you at large upon it, in anticipation of Lord Aberdeen's expected note upon the subject. Mr. Everett to Mr. Legare. [Extract.] LONDON, June 14, 1843. I transmit, herewith, the copy of a note which I have addressed to Lord Aberdeen, on the subject of the "Rhoderick Dhu." As he gave me to understand, in conversation, that they had already received a report of the case from the coast of Africa, and, from the manner in which he spoke, I was led to think that some justification had been set up by the officer who brought to and boarded the American vessel, I deemed it better not to argue hypothetically on the statement of the case, as transmitted to you by Captain Sims, but to confine myself to a simple request that the facts might be inquired into. The opportunity, however, seemed a favorable one for recalling to Lord Aberdeen's recollection two former cases of alleged violations of our flag, in reference to which no explanation has yet been received from this government. [Enclosure.} 46 GROSVENOR PLACE, June 5, 1843, The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has the honor to transmit to the Earl of Aberdeen, her Majesty's principal Secretary of State for Foreign Affairs, the copy of a letter from Mr. R. T. Sims, commanding the American barque "Rhoderick Dhu," bearing date on the coast of Africa, 9th January last, and setting forth the particulars of an outrage alleged to have been committed on that vessel by an officer and armed boat's clew from H. B. M. brigantine "Spy," on the 4th January, near the mouth of the river Volta. In submitting this statement to Lord Aberdeen, the undersigned is instructed to request that a strict inquiry may be made into the conduct of the officer implicated, and to express the confident expectation of the President, that, if the charge be sustained, proper redress will be afforded by her Majesty's government, and the offender be visited with the punishment due to such a wanton and dangerous violation of the flag of the United States. The undersigned considers the present as a proper opportunity to make a renewed reference to the case of the "William and Francis," originally submitted to Viscount Palmerston by Mr. Stevenson, on the 16th April, 1841, and mentioned in the note of the undersigned to Lord Aberdeen of 27th December of that year, and of the "John A. Robb," which formed the subject of a note from the undersigned to his lordship, of the 19th September last. The length of time which has elapsed since the occurrences referred to in those cases, especially the former, is so great as to warrant the confident expectation that a satisfactory explanation of the acts complained of will be shortly given, through the undersigned, to the government of the United States. The undersigned, &c. The EARL OF ABERDEEN, &c. &c. &c. EDWARD EVERETT. Mr. Everett to Mr. Legaré. [Extract.] LONDON, July 1, 1843. I have read with great attention the remarks in your despatch No. 46, on the case of the "Jones," and am most happy to find that you agree with me in the general view you take of the case. Mr. Everett to Mr. Legare. [Extract.] LONDON, July 18, 1843. I received yesterday from Lord Aberdeen a note in the case of the "William and Francis," which formed the subject of a complaint addressed by my predecessor to Lord Palmerston, on the 16th of April, 1841. On arriving at my post at the end of that year, I called the attention of Lord Aberdeen to this and some other cases. No answer having been returned to these complaints, I again referred to the case of the " William and Francis," in my note to Lord Aberdeen of the 5th of June. Lord Aberdeen's reply, received yesterday, condemns the conduct of the officer who boarded the " William and Francis," and tenders to the government of the United States full satisfaction for the wrongful detention and search of that vessel. Lord Aberdeen's note is accompanied by a letter from Lieutenant Norcock, the boarding officer, denying most of the acts of outrage alleged by the master of the "William and Francis." The late hour at which this communication from Lord Aberdeen reached me prevents its being transcribed in season to accompany this despatch. It shall be forwarded by the steamer of the 4th of August. Mr. Everett to Mr. Upshur. [Extract.] LONDON, August 1, 1843. I transmit here with the note from Lord Aberdeen, and the accompanying report from Lieutenant Norcock, relative to the outrage committed on the American vessel "William and Francis," on the coast of Africa, in 1840. You will observe that Lord Aberdeen, at the close of his note,. remarks, that the course pursued by Lieutenant Norcock, was such "ascompels her Majesty's government to condemn the conduct of that officer, and to tender, as they now do, to the government of the United States,. full satisfaction for the wrongful detention and search of an American vessel." The nature and extent of the satisfaction which may be reason ably expected of the British government in a case of this kind, is of course a matter exclusively for the President's consideration. It may be proper here to remark, that the "William and Francis" iss the last of four cases originally submitted by my predecessor to the consideration of Lord Palmerston, on the 16th of April, 1841, viz: the "Tigris," the "Seamew," the "Jones," and the "William and Francis." It would appear from an expression in a note of Lord Aberdeen to me, of the 31st December, 1841, that the attention of the admiralty was not called to these cases by Lord Palmerston till the 31st August preceding. In one of my first interviews with Lord Aberdeen, on entering upon the discharge of my duties, in December, 1841, I pressed these cases upon his consideration; and he cheerfully undertook again to call the attention of the lords of the admiralty, without delay, to the subject. On the 16th of the following March, Lord Aberdeen informed me that her Majesty's government had determined that indemnification was due in the case of the "Tigris." On the 16th of the following June, he made a similar communication in reference to the "Seamew." After a very long delay, owing to the failure of the cruising officer and the authorities at Sierra Leone to make a prompt report on the case, I received a note from Lord Aberdeen dated the 2d March, relative to the "Jones." He informs me that the sum accruing from the sale of that vessel and cargo at Sierra Leone will be paid to the owners. All right to further indemnification is denied, on the ground that no appeal was taken by them from the judg ment of the vice-admiralty court of Sierra Leone. In an answer to this note, I have endeavored to show that the conduct of the British cruiser, in seizing the "Jones" at St. Helena, and sending her to Sierra Leone for trial, was from the first wrongful and unwarrantable; and that the owners were placed, without any agency of their own, in a position in which the remedy by appeal was altogether illusory. Lord Aberdeen has, in conversation, given me some reason to hope that, on reconsidering the subject, his first decision will be reversed. In the case of the "William and Francis," as I have already observed, a favorable result has been obtained. In another case, that of the "Douglas," there was a correspondence between my predecessor and Lord Palmerston, which ended in the denial of any claim to indemnification on the part of the owners of that vessel. Lord Palmerston rested the justification of the officer by whom the "Douglas" was detained and searched, on the ground of the agreement between Commodore Tucker, the British admiral commanding on the coast of Africa, and Lieutenant Paine, of the United States navy. I pointed out to Lord Aberdeen the circumstance, previously overlooked, that the detention and search of the "Douglas" preceded, by five months, the agreement in question. With the discovery of this error, the defence of the cruising officer fell to the ground; and Lord Aberdeen avowed his willingness to make indemnification to the owners of the " Douglas," if the United States government should continue to demand it, after inquiiing into the circumstances, which warranted a strong suspicion that this vessel was, at the time of her search and detention, engaged in the slave trade. [Enclosure.] FOREIGN OFFICE, July 15, 1843. The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, in accordance with the announcement made to Mr. Everett, envoy |