Mr. Forsyth to Mr. Fox.

[Extract.]

DEPARTMENT OF STATE, Washington, February 12, 1840.

The President has directed the undersigned, Secretary of State of the United States, to reply to the note of Mr. Fox, her Britannic Majesty's envoy extraordinary and minister plenipotentiary, of the 30th of October last, on the subject of the African slave trade.

業

The state of things on the coast of Africa, as disclosed by Mr. Fox's communication, has rendered necessary there the presence, for some time, of an American naval force, as a measure of precaution, to protect American vessels from improper molestation in that quarter of the globe; and also to detect those foreigners who may be found carrying, without proper authority, the flag of the United States.

*

**

The President sees, with regret, by the contents of Mr. Fox's note, that her Britannic Majesty's government continues to think it important that the United States should become a party to a convention yielding the mutual right of search to the armed vessels of each other, with a view to detect persons engaged in the slave trade. Her Majesty's government considers such convention as the most sure and effectual mode of checking that trade. After the determination which the position and policy of the United States have required this government to make, the President would regret extremely to be convinced that, in this regard, her Majesty's government judges correctly. He cannot but think, on a careful examination of the evidence exhibited with Mr. Fox's note, that her Britannic Majesty's government has overlooked both the causes of the present shocking condition of the slave trade, and the remedies which are demanded to correct the evil. To do justice to his opinions on this subject, it would be necessary for the undersigned to institute a scrutiny into the proceedings of other friendly nations, which might justly be considered uncalled for and invidious. It will be sufficient to appeal to a few broad facts well known to her Majesty's government, and to apply to them the well-established rules of trade and of criminal law. There are slave markets. these slave markets, if they can be reached before detection, the profits of the trade are certain and enormous; and impunity is, in that event, unfortunately for the true interests of humanity, quite as certain as profit. Destroy the market, and there is no slave trade; pursue the criminal into the places where his profit is derived; render punishment there as certain as detection, and detection as certain as just vigilance can make it; and the fear of punishment will be strong enough to overcome the love of gain, the great stimulant under which the laws of humanity are every day violated by worthless members of all human societies. In the largest and most profitable of these markets, her Britannic Majesty's commissioners of the mixed commission have named vessels employed in the slave trade; mercantile houses as notoriously dealing in that traffic; the number of Africans brought in, contrary to legal enactments and treaty stipulations. Like statements are made by her Britannic Majesty's naval officers and the commissioners of the mixed commission in Sierra Leone. All the evidence furnished points to the source of the mischief, and indicates the

In

only effectual corrective. The President, from all that Mr. Fox has presented, and that which has been furnished through the officers of the United States, sincerely believes that the complete extirpation of the slave trade depends not so much upon the formation of the new convention desired by Mr. Fox, as on the faithful execution of those already existing. But little can be expected from the promulgation of new laws, while those already adopted are treated as dead letters in the criminal code.

Mr. Fox to Mr. Forsyth.

WASHINGTON, August 15, 1840.

SIR: I have much satisfaction in communicating to you, by direction of her Majesty's government, the enclosed report received from commander Tucker, of her Majesty's ship "Wolverine," stationed on the coast of Africa, in which are enclosed copies of a correspondence that had passed between that officer and Lieutenant John J. Paine, of the United States navy, commanding the United States schooner "Grampus," and of an agreement entered into between them for mutual co-operation and assistance in the suppression of the African slave trade.

Her Majesty's government have been much gratified by the intelligence of this zealous co-operation on the part of the United States commander for the attainment of an object which both governments have equally at heart.

I avail myself, &c.

Hon. JOHN FORSYTH, &c. &c. &c.

Mr. Fox to Mr. Forsyth.

H. S. FOX.

WASHINGTON, August 16, 1840. SIR I have the honor herewith to enclose to you the copy of a despatch, with its enclosures, addressed to me by her Majesty's Secretary of State for Foreign Affairs, upon the subject of the claim of the British captors of the American ship "Wyoming," to receive a due portion of the value accruing from the forfeiture and sale of that vessel, the " Wyoming" having been detained on the coast of Africa by her Majesty's sloop "Harlequin," Lord Francis Russel commander, under suspicion of being engaged in the illicit traffic in slaves; and when brought into New York for adjudication by the competent tribunal, having been there condemned and forfeited, upon a separate action, for breach of the United States navigation laws.

Her Majesty's government desire to submit this claim to the consideration of the President, recommending it to his favorable and friendly attention. The merits of the case are fully detailed in the papers which I have the honor to enclose.

I avail myself, &c.

Hon. JOHN FORSYTH, &c. &c. &c.

H. S. FOX.

Mr. Fox to Mr. Forsyth.

WASHINGTON, August 18, 1840. SIR: With reference to the letter which I had the honor to address to you on the 15th instant, enclosing a correspondence between commander Tucker, of her Majesty's ship "Wolverine," and Lieutenant Paine, of the United States schooner "Grampus," with the copy of an agreement entered into between those officers for mutual assistance and co-operation in repressing the slave trade on the coast of Africa, I now further enclose to you, by direction of her Majesty's government, copies of additional correspondence from the same quarter, reporting the detention in the Rio Porgos, by the commander of her Majesty's ship" Bonetta," of a schooner under American colors, called the " Sarah Anne," of New Orleans, charged with being engaged in the slave trade, and the delivery of the said vessel by her Majesty's officers to the commander of the United States schooner “ Grampus.”

I avail myself, &c.

Hon. JOHN FORSYTH, &c. &c. &c.

Mr. Fox to Mr. Forsyth.

H. S. FOX.

WASHINGTON, August 21, 1840.

SIR: With reference to former communications which I have had the honor to address to you by order of her Majesty's government, upon the subject of the lamentable extent to which the African slave trade is carried on through means of the fraudulent assumption of the American flag, which protects the miscreants and pirates engaged in that detestable traffic from capture and condemnation by her Majesty's officers, I have now further to communicate to you the enclosed despatch, with documents annexed, relating to a vessel called the "Perry Spencer," detained on the coast of Africa, in the month of May last, while engaged in the illicit traffic of slaves. The "Perry Spencer," it will be seen, hoisted at one time Spanish, and at another time American colors. Under the former character, she was seized by one of the British cruisers and carried for trial before the mixed court of commission at Sierra Leone; but it appearing, upon investigation, that she was furnished with an American pass, granted by the United States consul at Cuba, the court of commission held itself bound, in consideration of such consular act of recognition, notwithstanding the obvious Spanish ownership and Spanish character of the transaction, and although the pass had been obtained for the sole purpose of fraudulently covering Spanish interests, to release the slaves and dismiss the cause.

The circumstances of this case appear to be well deserving the attention of the United States government, with a view to the adoption of effectual measures for preventing such unworthy abuse of the American flag.

I avail myself, &c.

Hon. JOHN FORSYTH, &c. &c. &c.

H. S. FOX.

Mr. Fox to Mr. Forsyth.

WASHINGTON, February 4, 1841. SIR: In addition to former communications, which, by direction of her Majesty's government, I have had the honor to address to you upon the subject of the African slave trade, and of the frequency with which the subjects of other countries engaged in that nefarious traffic endeavor to protect themselves from the punishment due to their crimes by a frauduÎent assumption of the American flag, I herewith transmit to you a further series of documents relating to the same matter, which her Majesty's government are desirous should be carried to the knowledge of the government of the United States.

These papers consist chiefly, it will be seen, of despatches and reports from the British commissioners for the suppression of the slave trade residing at Sierra Leone and at Havana, and contain details in particular of the cases of four slave vessels (the "Laura," "Asp," "Lark," and "Mary Cushing") captured by her Majesty's cruisers on the coast of Africa during the course of the last year. The above vessels, in like manner with many others formerly mentioned, although fitted out for the slave trade upon account of Spanish owners, had been enabled fictitiously to assume the United States flag, and to perfect their outward voyage to the coast of Africa under that fraudulent protection. Fortunately, however, for the ends of humanity and justice, the evidence found against the vessels, after their arrival upon the African coast, was sufficient to enable the mixed court of commission at Sierra Leone to condemn them as Spanish slavers.

Amongst the enclosed series of papers will likewise be found reports from the British commissioners at Sierra Leone, containing some additional evidence in relation to the slave vessels "Butterfly" and "Catharine," the circumstances attending the capture of which vessels are already known to the government of the United States. Lastly, there will be found. amongst the enclosed papers copies of a correspondence between her Majesty's commissioners at Havana and Mr. Everett, a gentleman who visited that port by commission from the government of the United States, which correspondence her Majesty's government are desirous should be conveyed to the knowledge of the President.

You will be gratified to learn, by another correspondence herewith enclosed, that her Majesty's commissioners at Sierra Leone entertain hopes of a considerable diminution of the slave trade under the fraudulent protection of the American flag, in consequence of the presence upon the African coast of the United States ship of war "Dolphin," commissioned to cruise on that station for the suppression of the trade.

I avail myself, &c.

Hon. JOHN FORSYTH, &c. &c. &.c.

Mr. Fox to Mr. Forsyth.

WASHINGTON, February 5, 1841.

SIR: The case of the American vessel "Tigris," recently carried into the port of Boston, Massachusetts, in the care of a British officer and prize crew, and there delivered over to the judicial authorities of the United States upon a charge of having been engaged in the illicit traffic of slaves on the coast of Africa, has, I believe, been duly brought to the knowledge of the United States government by the district attorney of the port of Boston. I have now received from Mr. Grattan, her Majesty's consul at Boston, the following information: It appears that the district attorney, (Mr. Mills,) acting in the case for the United States, did, at the commencement of the business, legally bind over Mr. Jackson, the British officer in charge, to appear as witness in the criminal prosecution of the master and mate of the "Tigris" for violation of the laws of the United States; thus sanctioning a prima facie case against the "Tigris," and inducing and authorizing Mr. Jackson to file, as he has done, a libel against the vessel and cargo. But Mr. Mills has since desisted from all further co-operation in the prosecution, having both refused the request of the consul that he would claim the protection of the court for his own witness, (Mr. Jackson,) when arrested at the suit of the very parties he was bound over to prosecute, and having since declined to take any part in the civil suit—that is to say, in filing a libel against the vessel and cargo. Her Majesty's consul and the legal counsel employed by Mr. Jackson are apprehensive that this conduct on the part of the district attorney of the United States, for which they are unable to account, will risk the failure of the ends of justice, and the loss of the civil action which is instituted equally for the benefit of the United States as for that of the captors and informers. One effect of this want of co-operation has already been, that the owners of the "Tigris" are endeavoring to bind the British officer (Mr. Jackson) personally to give security, or, as it is technically expressed, to "stipulate" for damages to a large amount in the event of the action failing; and this course, it seems, they would not have been able to pursue, if the district attorney had duly borne his part in forwarding the civil prosecution. I do not pretend to be accurately acquainted with all the legal points and considerations involved in the question; but as a due and full execution of the existing laws against the slave trade must be the object of all parties, I hope that it may be in the power of the United States government, upon a due examination of the matter, to give such instructions to the district attorney of Boston as may cause him to lend a more effectual aid in the prosecution.

I avail myself, &c.

Hon. JOHN FORSYTH, &c. &c. &c.

H. S. FOX.