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character of vessels suspected of being slavers, and preventing the abuse of our flag. This was the substance of a brief conversation on the subject.

Mr. Webster to Mr. Stevenson.

[Extract.]

DEPARTMENT OF STATE,

Washington, June 8, 1841.

The President has read, with interest, the account you give of your conversation with Lord Palmerston, on the subject of the harassing visits of American ships by British cruisers on the coast of Africa. With the most earnest desire to suppress the slave trade, the President is strongly impressed with the view which you have presented to the British governIment of the objections to such proceedings as have taken place. We wait for the expected written communication from his lordship; and, in the mean time, you will take notice of the President's language respecting the subject of the slave trade in his late message to Congress. The government of the United States is determined to protect its flag, as well as its character, from any interference in this nefarious traffic.

Mr. Stevenson to Mr. Webster.

[Extracts.]

LEGATION OF THE UNITED STATES,
London, June 18, 1841.

In relation to the cases of the African seizures, I have been unable to get any answer, although, as you will perceive, I have pressed the subject with every degree of urgency. I shall make another effort, when Lord Palmerston returns to town, to obtain a decision.

*

In connexion with the remarks contained in my last despatch on this subject, I must call the attention of the government to Lord Palmerston's speech in the debate of the 18th of May, relative to the commercial policy of Great Britain, and their foreign relations. You will not fail to mark that part of it which relates to our country, the slave trade, and the right of search.

Mr. Stevenson to Mr. Webster.

[Extracts.]

LEGATION OF THE UNITED STATES,
London, July 3, 1841.

I informed you, in my last despatch, that I intended, on Lord Pal

merston's return to London, to make another effort to obtain a decision on the subject of the late seizures and interruptions of American vessels, in the African seas, by British cruisers. Immediately on his lordship's return, I sought and obtained an interview. In this conference, I again urged, in the strongest manner, the importance of an immediate decision, and did not fail to represent, as I had frequently done, the serious injury and embarrassments which must result from the delay, on the part of her Majesty's government, to decide the cases which had been presented to its consideration. Lord Palmerston repeated the assurances he had formerly given me, that his attention had been drawn to the subject, and that there was every reason to expect that he would soon be able to give me an answer. He took occasion to say that the delay had been wholly unavoidable, and had proceeded from no indisposition to obviate, if practicable, the difficulties which might be in the way of a satisfactory adjustment of the cases. In the course of conversation, he again expressed a hope that some arrangement on the subject of the abuse of our flag in the slave trade might be made, compatible with the interests of the two countries, and without which the treaties for the abolition of the traffic could not, he said, be enforced. I replied, of course, as I had before done, that I could express no opinion on the subject; that any proposition which her Majesty's government might deem it proper to make would no doubt be considered by that of the United States with the respect and importance it would doubtless merit; but that I was quite sure that the right of search under no modification would be acquiesced in.

*

I referred Lord Palmerston to the language of the President, respecting the slave trade, in his late message to Congress, to which it seems his attention had not been particularly drawn.

Mr. Stevenson to Mr. Webster.

[Extract.j

LEGATION OF THE UNITED STATES,

London, August 18, 1841.

I have the honor to forward to you copies of two notes received from Lord Palmerston, in relation to the seizure of our three vessels, the "Douglas," the "Iago," and the "Hero," by her Majesty's cruisers. I deemed it proper to abstain from any other reply to these communications than to say that they would be forwarded to my government, with whom it would rest to decide upon the sufficiency of the explanations given. A copy of my note is here with also transmitted. You will no doubt be struck with the fact (which, I presume, is now for the first time communicated) of an agreement having been entered into between the commandant of her Majesty's forces on the African coast and one of our naval officers, giving the right of detaining all vessels engaged in slave traffic; and which, it would seem, is mainly relied on to justify or excuse the seizure and detention of American vessels by British cruisers. Of the particular character or nature of this agreement I have no other information than that

contained in Lord Palmerston's communications. I had hoped to have been able to have obtained a copy of it in time for the steamer, but have been disappointed. Among the important considerations which belong to this subject is the striking fact, that in most of these complaints for alleged misconduct on the part of her Majesty's cruisers towards the vessels of the United States, no matter how strongly supported by proofs, this government rely on the ex parte and informal statements of the individuals inculpated as a sufficient justification, apart from all evidence in support of the complaint. I have deemed it my duty more than once, as you will see by reference to the files of your department, to protest in the most solemn manner against the justice and propriety of this course. Complaints of official misconduct ought to be met and decided on evidence not less strong and formal than that by which the application is supported. The party accused ought not to be permitted to become the witness and judge in his own case. This, however, is a matter for the consideration of the President and yourself.

[Enclosure.]

Lord Palmerston to Mr. Stevenson.

FOREIGN OFFICE, August 5, 1841.

The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, has received two notes, addressed to him on the 13th November, 1840, and on the 1st March last, by Mr. Stevenson, envoy extraordinary and minister plenipotentiary of the United States, complaining of the search and detention of the United States vessel "Douglas," and of the ill-treatment of her crew, by Lieut. Seagram, of her Majesty's brig "Termagant," employed on the coast of Africa in suppressing the slave trade. In these two communications from Mr. Stevenson it is stated, that on the 21st October, 1839, Lieut. Seagram boarded the "Douglas" while she was pursuing her voyage on the coast of Africa, examined the ship's papers and the passengers' passports, broke open the hatches, hauled down the American flag, and seized the vessel as a slaver; that he kept possession of her during eight days, namely, from the 21st October, 1839, to the 29th of the same month; that the officers and men of the "Douglas" became ill from their exposure to the sun; and that, in consequence, three of them died, and the captain is still in bad health; and Mr. Stevenson expresses the confident expectation of the President of the United States that her Majesty's government will make prompt reparation for the conduct of Lieutenant Seagram in this case, and will take efficient means to prevent the recurrence of such abuses.

The undersigned has, in reply, to state, that in pursuance of the wish expressed by Mr. Stevenson, on the part of his government, a strict investigation has, by order of the lords of the admiralty, been made into the particulars of this case, and the result is as follows:

Lieut. Seagram, commanding her Majesty's ship "Termagant," employed in suppressing the slave trade on the coast of Africa, had been apprised, by the commanding officer of her Majesty's ships on that coast, of an agreement entered into by that officer with commander Paine, of the

United States navy, for searching and detaining ships found trading in slaves under the United States flag; and Lieut. Seagram having, on the 21st October, 1839, met with the ship "Douglas," carrying the flag of the Union, he boarded her and made inquiries as to the voyage on which she was bound. Lieut. Seagram was received on board the "Douglas" with great incivility, and a disinclination was shown to reply to any questions relating to her voyage; but he ascertained that she was bound to the river Brass, and he found on board of her seven Spaniards who were going to that river, where no trade but the slave trade is carried on.

Lieut. Seagram requested to see the papers of the "Douglas ;" but the captain of the "Douglas" could produce no custom-house clearance, and had made an entry on his log that, on leaving the Havana, he could not procure one, and that he had returned to the harbor to obtain such a paper, but had left the harbor again without it. This circumstance appeared suspicious to Lieut. Seagram; and, on examining the papers produced by the captain of the "Douglas," he found that the "Douglas" was consigned to a well-known slave trader, Don Pablo Teixas, who was then on board of her, and to whom the slaving vessels " Asp" and "Lark," which had been recently condemned for slave trade, had been consigned.

Lieut. Seagram pressed for permission to examine the hold of the vessel, and the consignee gave him permission to examine her freight, because he conceived it was protected by the United States flag; and, under the same impression, he acknowledged to Lieut. Seagram that her cargo was Spanish, and had been shipped as American solely for the purpose of avoiding seizure.

The hatches of the vessel having then been opened, and Lieut. Seagram having proceeded to examine her, it was discovered that she was fitted out for the slave trade, with leaguers, hoops, and staves, a slave deck in planks, and three complete slave coppers.

Lieut. Seagram reports that, under these circumstances, he should have sent the "Douglas" to the United States, to be delivered up to the authorities of that country, but that he had received orders from the commanding officer of her Majesty's vessels on the coast of Africa, not to send any vessels to the United States until he should have been informed what course the United States government took as to the slave vessels, the "Eagle" and "Clara," which had been sent to the United States by the commanding officer, with a view to assist the American government in preventing the abuse of the national flag of the Union.

But Lieut. Seagram, not having received any information on this point at the end of eight days after the detention of the "Douglas," thought it his duty then to release the "Douglas," instead of detaining her longer, or sending her to the United States.

From the facts above stated, there appears little doubt that, if the "Douglas" had been sent to the United States, she would have been condemned for trading in slaves under the flag of the Union; and had she been tried by the mixed commission at Sierra Leone, the proofs that the slave-trading voyage on which she was engaged was in fact a Spanish enterprise, were strong enough to have warranted her condemnation, in the British and Spanish court, as a Spanish slaver.

With respect to the assertion that three men died from the effects of exposure to the sun, in consequence of the detention of the vessel, the undersigned has to state, that it appears that the vessel remained, on her

own account, in the African seas two months after her detention by Lieut. Seagram; and as none of her men died until after those two months, there seems no reason to suppose that the death of the two men in question was occasioned by the detention of the vessel by Lieut. Seagram.

With respect to the statement that Lieut. Seagram ordered the American flag to be hauled down, it is to be observed that the master of the "Douglas," in his protest, declares that he himself, and not Lieut. Seagram, ordered the United States flag to be hauled down.

As to any loss of provisions or stores, it is stated by the American master that the English prize-crew brought their provisions with them to the "Douglas;" and he does not even assert that they consumed any provisions belonging to the "Douglas," or that any of the stores of that vessel were lost.

With respect to the allegation of the American master, that the prizecrew had secreted one demijohn of rum, (forming part of the cargo of the vessel,) it seems probable that there is an error in that allegation, because the hatches of the vessel were opened and closed again in the presence of Lieut. Seagram, and no complaint was made to that officer, either by the master or the consignee, that any loss or damage had been done to the cargo. Indeed, the master, on resuming charge of his vessel, declared to Lieut. Seagram that he had no complaint to make.

From the foregoing statement, it will appear that the visit, the search, and the detention of the "Douglas" by Lieut. Seagram, took place under a full belief, on the part of that officer, that he was pursuing a course which would be approved by the government of the United States; and in his conduct towards the crew of the vessel, he appears scrupulously to have avoided any act which would justly give cause of offence to a friendly power.

The undersigned has, therefore, to express the confident hope of her Majesty's government, that, upon a consideration of the whole case, the government of the United States will be of opinion that, although the act of Lieut. Seagram, in detaining a United States slave-trading vessel, was, in the abstract, irregular, yet the impression under which he did it, and the motives which prompted him to do it, exempt him from any just blame.

But the undersigned cannot refrain from requesting Mr. Stevenson to draw the serious attention of the government of the United States to this case, which affords a striking example of the manner in which the vessels and flag of the United States are employed by Spanish, Portuguese, and Brazilian criminals to protect their piratical undertakings, in utter contempt of the laws of the Union, and in open defiance of the federal government. The undersigned, &c.

A. STEVENSON, Esq., &c. &c. &c.

[Enclosure.]

Lord Palmerston to Mr. Stevenson.

PALMERSTON.

FOREIGN OFFICE, August 5, 1841.

The undersigned, her Britannic Majesty's Secretary of State for Foreign Affairs, has received the note which Mr. Stevenson, envoy extraor

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