JAMES MONROE.

WASHINGTON, _May 21, 1824_.

_To the Senate of the United States_:

Apprehending from the delay in the decision that some difficulty exists

with the Senate respecting the ratification of the convention lately

concluded with the British Government for the suppression of the slave

trade by making it piratical, I deem it proper to communicate for your

consideration such views as appear to me to merit attention. Charged

as the Executive is, and as I have long been, with maintaining the

political relations between the United States and other nations, I

consider it my duty, in submitting for your advice and consent as to

the ratification any treaty or convention which has been agreed on

with another power, to explain, when the occasion requires it, all

the reasons which induced the measure. It is by such full and frank

explanation only that the Senate can be enabled to discharge the high

trust reposed in them with advantage to their country. Having the

instrument before them, with the views which guided the Executive in

forming it, the Senate will possess all the light necessary to a sound

decision.

By an act of Congress of 15th May, 1820, the slave trade, as described

by that act, was made piratical, and all such of our citizens as might

be found engaged in that trade were subjected, on conviction thereof

by the circuit courts of the United States, to capital punishment. To

communicate more distinctly the import of that act, I refer to its

fourth and fifth sections, which are in the following words:

SEC. 4. _And be it further enacted_, That if any citizen of the United

States, being of the crew or ship's company of any foreign ship or

vessel engaged in the slave trade, or any person whatever, being of the

crew or ship's company of any ship or vessel owned in the whole or part

or navigated for or in behalf of any citizen or citizens of the United

States, shall land from any such ship or vessel, and on any foreign

shore seize any Negro or Mulatto not held to service or labor by the

laws of either of the States or Territories of the United States, with

intent to make such Negro or Mulatto a slave, or shall decoy or forcibly

bring or carry, or shall receive, such Negro or Mulatto on board any

such ship or vessel, with intent as aforesaid, such citizen or person

shall be adjudged a pirate, and on conviction thereof before the circuit

court of the United States for the district wherein he may be brought or

found shall suffer death.

SEC. 5. _And be it further enacted_, That if any citizen of the United

States, being of the crew or ship's company of any foreign ship or

vessel engaged in the slave trade, or any person whatever, being of the

crew or ship's company of any ship or vessel owned wholly or in part, or

navigated for or in behalf of, any citizen or citizens of the United

States, shall forcibly confine or detain, or aid and abet in forcibly

confining or detaining, on board such ship or vessel any Negro or

Mulatto not held to service by the laws of either of the States or

Territories of the United States, with intent to make such Negro or

Mulatto a slave, or shall on board any such ship or vessel offer or

attempt to sell as a slave any Negro or Mulatto not held to service as

aforesaid, or shall on the high seas or anywhere on tide water transfer

or deliver over to any other ship or vessel any Negro or Mulatto not

held to service as aforesaid, with intent to make such Negro or mulatto

a slave, or shall land or deliver on shore from on board any such ship

or vessel any such Negro or mulatto, with intent to make sale of, or

having previously sold such Negro or Mulatto as a slave, such citizen or

person shall be adjudged a pirate, and on conviction thereof before the

circuit court of the United States for the district wherein he may be

brought or found shall suffer death.

And on the 28th February, 1823, the House of Representatives, by a

majority of 131 to 9, passed a resolution to the following effect:

_Resolved_, That the President of the United States be requested to

enter upon and prosecute from time to time such negotiations with the

several maritime powers of Europe and America as he may deem expedient

for the effectual abolition of the African slave trade and its ultimate

denunciation as piracy under the law of nations, by the consent of the

civilized world.

By the act of Congress above referred to, whereby the most effectual

means that could be devised were adopted for the extirpation of the

slave trade, the wish of the United States was explicitly declared, that

all nations might concur in a similar policy. It could only be by such

concurrence that the great object could be accomplished, and it was by

negotiation and treaty alone that such concurrence could be obtained,

commencing with one power and extending it to others. The course,

therefore, which the Executive, who had concurred in the act, had to

pursue was distinctly marked out for it. Had there, however, been any

doubt respecting it, the resolution of the House of Representatives,

the branch which might with strict propriety express its opinion, could

not fail to have removed it.

By the tenth article of the treaty of peace between the United States

and Great Britain, concluded at Ghent, it was stipulated that both

parties should use their best endeavors to accomplish the abolition

of the African slave trade. This object has been accordingly pursued

by both Governments with great earnestness, by separate acts of

legislation, and by negotiation almost uninterrupted, with the purpose

of establishing a conceit between them in some measure which might

secure its accomplishment.

Great Britain in her negotiations with other powers had concluded

treaties with Spain, Portugal, and the Netherlands, in which, without

constituting the crime as piracy or classing it with crimes of that

denomination, the parties had conceded to the naval officers of each

other the right of search and capture of the vessels of either that

might be engaged in the slave trade, and had instituted courts

consisting of judges, subjects of both parties, for the trial of the

vessels so captured.

In the negotiations with the United States Great Britain had earnestly

and repeatedly pressed on them the adoption of similar provisions.

They had been resisted by the Executive on two grounds: One, that

the constitution of mixed tribunals was incompatible with their

Constitution; and the other, that the concession of the right of search

in time of peace for an offense not piratical would be repugnant to the

feelings of the nation and of dangerous tendency. The right of search is

the right of war of the belligerent toward the neutral. To extend it in

time of peace to any object whatever might establish a precedent which

might lead to others with some powers, and which, even if confined to

the instance specified, might be subject to great abuse.

Animated by an ardent desire to suppress this trade, the United States

took stronger ground by making it, by the act above referred to,

piratical, a measure more adequate to the end and free from many of

the objections applicable to the plan which had been proposed to them.

It is this alternative which the Executive, under the sanction and

injunctions above stated, offered to the British Government, and which

that Government has accepted. By making the crime piracy the right of

search attaches to the crime, and which when adopted by all nations will

be common to all; and that it will be so adopted may fairly be presumed

if steadily persevered in by the parties to the present convention. In

the meantime, and with a view to a fair experiment, the obvious course

seems to be to carry into effect with every power such treaty as may be

made with each in succession.

In presenting this alternative to the British Government it was made

an indispensable condition that the trade should be made piratical

by act of Parliament, as it had been by an act of Congress. This was

provided for in the convention, and has since been complied with. In

this respect, therefore, the nations rest on the same ground. Suitable

provisions have also been adopted to protect each party from the abuse

of the power granted to the public ships of the other. Instead of

subjecting the persons detected in the slave trade to trial by the

courts of the captors, as would be the case if such trade was piracy by

the laws of nations, it is stipulated that until that event they shall

be tried by the courts of their own country only. Hence there could be

no motive for an abuse of the right of search, since such abuse could

not fail to terminate to the injury of the captor.

Should this convention be adopted, there is every reason to believe

that it will be the commencement of a system destined to accomplish the

entire abolition of the slave trade. Great Britain, by making it her

own, confessedly adopted at the suggestion of the United States, and

being pledged to propose and urge its adoption by other nations in

concert with the United States, will find it for her interest to abandon

the less-effective system of her previous treaties with Spain, Portugal,

and the Netherlands, and to urge on those and other powers their

accession to this. The crime will then be universally proscribed as

piracy, and the traffic be suppressed forever.

Other considerations of high importance urge the adoption of this

convention. We have at this moment pending with Great Britain sundry

other negotiations intimately connected with the welfare and even the

peace of our Union. In one of them nearly a third part of the territory

of the State of Maine is in contestation. In another the navigation of

the St. Lawrence, the admission of consuls into the British islands, and

a system of commercial intercourse between the United States and all the

British possessions in this hemisphere are subjects of discussion. In a

third our territorial and other rights upon the northwest coast are to

be adjusted, while a negotiation on the same interest is opened with

Russia. In a fourth all the most important controvertible points of

maritime law in time of war are brought under consideration, and in

the fifth the whole system of South American concerns, connected with

a general recognition of South American independence, may again from

hour to hour become, as it has already been, an object of concerted

operations of the highest interest to both nations and to the peace

of the world.

It can not be disguised that the rejection of this convention can not

fail to have a very injurious influence on the good understanding

between the two Governments on all these points. That it would place

the Executive Administration under embarrassment, and subject it, the

Congress, and the nation to the charge of insincerity respecting the

great result of the final suppression of the slave trade, and that

its first and indispensable consequence will be to constrain the

Executive to suspend all further negotiation with every European and

American power to which overtures have been made in compliance with the

resolution of the House of Representatives of 28th February, 1823, must

be obvious. To invite all nations, with the statute of piracy in our

hands, to adopt its principles as the law of nations and yet to deny

to all the common right of search for the pirate, whom it would be

impossible to detect without entering and searching the vessel, would

expose us not simply to the charge of inconsistency.

It must be obvious that the restriction of search for pirates to the

African coast is incompatible with the idea of such a crime. It is

not doubted also if the convention is adopted that no example of the

commission of that crime by the citizens or subjects of either power

will ever occur again. It is believed, therefore, that this right as

applicable to piracy would not only extirpate the trade, but prove

altogether innocent in its operation.

In further illustration of the views of Congress on this subject, I

transmit to the Senate extracts from two resolutions of the House of

Representatives, one of the 9th February, 1821, the other of 12th April,

1822. I transmit also a letter from the chargé d'affaires of the British

Government, which shows the deep interest which that Government takes

in the ratification of the treaty.

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