my return home I despatched a note to Lord Aberdeen containing the name of the fourth vessel, the " William and Francis," and expressing the opinion that nothing would contribute so much to allay the excitement caused in the United States by these seizures on the coast of Africa, nor prepare so effectually for a final and satisfactory adjustment of the controversy, as that prompt and ample reparation which, in his note of the 20th instant, his lordship had promised in cases of abuse. P. S.-January 3, 1842. Since the foregoing despatch was written, Ι have received from Lord Aberdeen a note (of which a copy is herewith transmitted) in reply to my memorandum of the 27th of December, relative to the cases of the "Tigress," the "Seamew," "Jones," and "William and Francis." You will be struck with the promptitude evinced by Lord Aberdeen, compared with the delay on the part of Lord Palmerston, who did not refer these same cases to the admiralty till more than four months after his attention had been called to them by Mr. Stevenson. [Enclosure.] 32 UPPER GROSVENOR STREET, December 27, 1841. MY LORD: The cases of American vessels to which I alluded this morning are those of the "Tigris," "Seamew," "Jones," and "William and Francis." They were brought to the notice of Lord Palmerston by a letter of my predecessor of the 16th of April last, accompanied by numerous documents. I earnestly commend them to your lordship's attention, in the full persuasion that nothing would contribute so much to allay the excitement caused in the United States by these seizures in the African seas, nor prepare so effectually for a final and satisfactory adjustment of the controversy, as that prompt and ample reparation where error has been committed, and any American vessel has suffered loss and injury, which is promised in your lordship's note of the 20th instant. I have, &c., EDWARD EVERETT. [Enclosure.] FOREIGN OFFICE, December 31, 1841. SIR: I have had the honor to receive your letter of the 27th instant, upon the subject of the cases of the vessels the "Tigris," the "Seamew, the "Jones," and the "William and Francis," brought to the notice of Viscount Palmerston by a letter of the 16th April last from your predecessor, Mr. Stevenson. I have to acquaint you that on the 31st August last, the board of admi. ralty were moved by Lord Palmerston to institute a strict inquiry into the allegations made against her Majesty's officers in these cases, and to report to this office the result. The result of that inquiry has not yet been received; but I have directed that the board of admiralty should be reminded of the desire al ready intimated, and be moved to transmit to this office as soon as may be the information they may be enabled to procure upon the subject. Her Majesty's government is very desirous to give to the United States government, with the least possible delay, an answer upon these and any other cases which may require explanation. But, upon reference to Mr. Stevenson's note, and to the documents which accompanied it, you will perceive that the inquiry may naturally be expected to occupy a considerable time, since the transactions referred to in that note are said to have occurred at various and very distant places. No time will be lost in obtaining all the details which can be procured; and as soon as her Majesty's government shall have received the necessary information, I shall have the honor to address you again upon the subject. I have, &c., EDWARD EVERETT, Esq., &c. &c. &c. ABERDEEN. Mr. Webster to Mr. Everett. [Extracts] DEPARTMENT OF STATE, Washington, January 29, 1842. By the "Britannia," arrived at Boston, I have received your despatch of the 28th December, (No. 4,) and your other despatch of the 31st of the same month, (No. 5,) with a postscript of the 3d of January. The necessity of returning an early answer to these communications (as the "Britannia" is expected to leave Boston the first of February) obliges me to postpone a reply to those parts of them which are not of considerable and immediate importance. The President has read Lord Aberdeen's note to you of the 20th December, in reply to Mr. Stevenson's note to Lord Palmerston of the 21st of October, and thinks you were quite right in acknowledging the dispassionate tone of that paper. It is only by the exercise of calm reason, that truth can be arrived at in questions of a complicated nature; and, between States, each of which understands and respects the intelligence and the power of the other, there ought to be no unwillingness to follow its guidance. At the present day, no State is so high as that the principles of its intercourse with other nations are above question, or its conduct above scrutiny. On the contrary, the whole civilized world, now vastly better informed on such subjects than in former ages, and alive and sensible to the principles adopted and the purposes avowed by the leading States, necessarily constitutes a tribunal august in character and formidable in its decisions. And it is before this tribunal, and upon the rules of natural justice, moral propriety, the usages of modern times, and the prescriptions of public law, that governments which respect themselves and respect their neighbors must be prepared to discuss, with candor and with dignity, any topics which may have caused differences to spring up between them. Mr. Webster to Mr. Everett. [Extract.] DEPARTMENT OF STATE, Washington, February 24, 1842. I also transmit to you additional evidence received at this department, in the cases of the ships "Seamew" and "Tigris," which you will use at your discretion in the prosecution and adjustment of these claims. Mr. Everett to Mr. Webster. [Extract.] LEGATION OF THE UNITED STATES, London, March 1, 1842. I received by the Britannia your despatch No. 8, with the accompanying documents, relative to the case of the "Creole." As my note to the British government on this subject must of necessity be somewhat long, I have thought it better to make the other matters referred to in your despatch the subject of a separate communication to Lord Aberdeen. This communication I addressed to him on the 21st of February, and a copy of it is herewith enclosed. [Enclosure.] Mr. Everett to Lord Aberdeen. [Extracts.] LEGATION OF THE UNITED STATES, February 21, 1842. The note of the Earl of Aberdeen to the undersigned of the 20th of December, in reply to Mr. Stevenson's to his lordship of the 21st of October, has been read by the President with satisfaction at the dispassionate tone with which Lord Aberdeen has discussed the delicate and important subject of that communication. The President considers that it is only by the exercise of calm reason that truth can be arrived at in questions of a complicated nature; and between States, each of which understands and respects the intelligence and the power of the other, there ought to be no unwillingness to follow its dictates. At the present day, no State is so high as that the principles of its intercourse with other nations are above question, or its conduct above scrutiny. On the contrary, the whole civilized world, now vastly better informed on such subjects than in former ages, and alive and sensible to the principles adopted and the purposes avowed by the leading States, necessarily constitutes a tribunal august in character and formidable in its decisions. It is before this tribunal, and upon the rules of natural justice, moral propriety, the usages of modern times, and the prescriptions of public law, that governments which respect themselves and respect their neighbors must, in the apprehension of the President, be prepared to discuss, with candor and with dignity, any topics which may have caused differences to spring up between them; and he places an undoubting reliance on the concurrence of her Majesty's government in these views of the principles which must govern the intercourse of nations. The President of the United States has approved the conduct of the undersigned in forbearing, at the suggestion of the Earl of Aberdeen, to pursue the discussion here of topics which would form the subjects of negotiation between Lord Ashburton and the government of the United States at Washington. It is the duty, however, of the undersigned, to make an observation to Lord Aberdeen on the subject of American vessels detained, searched, and captured, which were enumerated in the note of the undersigned of December 27th. The undersigned is aware of the delay necessarily incident to official inquiries into transactions occurring in distant seas, and has every reason to be satisfied with the promptness. with which Lord Aberdeen called the attention of the Lords of the Admiralty to these cases. Firmly persuaded, however, that the success of any attempt to negotiate on this subject, in any form, will depend upon the promptness with which redress is afforded in cases where wrong and injury have been inflicted, and with a view of presenting to her Majesty's government, disconnected with other matters, a case which, it would seem to the undersigned, carries almost in its statement the materials for a safe opinion on its merits, the undersigned would respectfully invite the attention of Lord Aberdeen to the case of the "Tigris." In this case, on slender grounds of suspicion that the vessel was engaged in the slave trade-grounds which, as the undersigned understands, were immediately overruled by the circuit court of the United States for the circuit of Massachusetts, before which the proceedings were had-the American vessel the Tigris" was, on the 7th October, 1840, by Lieutenant Matson, the commander of her Majesty's brig "Waterwitch," searched, captured, taken out of her course, her voyage broken up, and the vessel sent home, with a prize crew, under a very young and (as is alleged) intemperate officer. The peculiarity of this case is, that in a letter addressed by Mr. Matson "to the secretary or registrar of either of the circuit courts of the United States," he uses the following language: "These, sir, are my reasons for taking upon myself the responsibility of detaining the Tigris; but, in doing so, I find myself placed in a very delicate position, not hav ing received any orders or instructions to interfere with vessels belonging to citizens of the United States, whatever their employment might be." This admission appears to deprive Lieutenant Matson of the justification relied upon in some cases in other respects similar, viz: that which consisted in the agreement or understanding between Commodore Tucker and Lieutenant Commandant Paine, authorizing each other to institute a mutual search of British and American vessels engaged in the slave trade. Mr. Matson alleges no knowledge of that agreement, but expressly states that he acted on his own responsibility, and without orders or instructions. In separating this case from the others, it is not the purpose of the undersigned to make a distinction in their merits, but to call the attention of her Majesty's government to a case, which, from the peculiar circumstances mentioned, would seem to admit a summary proceeding. Mr. Everett to Mr. Webster. [Extracts.] LEGATION OF THE UNITED STATES, London, March 23, 1842. The Queen's first levee was held on the 16th of March. While waiting in the room appropriated to the foreign ministers, Lord Aberdeen took me aside and informed me that he had an agreeable communication to make to me; which was, that the government had determined to indemnify the owners of the "Tigris" for the damage sustained by the detention of that ship on the coast of Africa by the "Waterwitch" He said he had examined the subject sufficiently to make up his mind that the claim was just, and that he would immediately address me a note to that effect, which he did the next day. A copy of his note and of my answer are herewith enclosed. Whether the documentary evidence in my hands, a copy of which accompanies my note to Lord Aberdeen, will be deemed sufficient, remains to be seen; but, at all events, the matter is in a happy train of adjustment. I deem this an event of very great importance. You will bear in mind that the "Tigris" was one of four cases submitted by Mr. Stevenson to the British government in May last. Lord Palmerston did not refer them to the admiralty till four months afterwards. In my interview with Lord Aberdeen of the 27th December, I found that his attention had not been drawn to these cases. I gave him their names, which he took down at the time, and, on my return home, I sent him a memorandum of them. Although I considered, with Lord Aberdeen, that the discussion of the question of search was, by the mission of Lord Ashburton, transferred to Washington-a view of the subject which the President has been pleased to approve-I deemed it highly important to keep the individual instances of outrage constantly before the government here, with whom, of course, the reports of their cruisers on the coast of Africa are deposited. I seized the opportunity, when addressing a note to Lord Aberdeen in obedience to the instructions contained in your despatch of the 29th January, expressing the satisfaction with which the mission of Lord Ashburton was regarded by the government of the United States, again to urge the case of the "Tigris" upon his consideration; this appearing to me the case admitting the readiest decision. I took care, however, to guard against any inference unfavorable to the strength of the other claims which might be drawn from putting this case prominently forward; and I shall urge the others, at the proper time, in the manner best calculated to cause them to be favorably considered. [Enclosure.] FOREIGN OFFICE, March 17, 1842. The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, has had the honor to receive the note addressed to him on the 21st |