CHAPTER XXII.

UNITED STATES SQUADRON--TREATY OF WASHINGTON.

There has been noted in the history of Liberia, prior to the

establishment of the commonwealth, the occasional arrival of American

men-of-war on the west coast of Africa. But an organized squadron was

not established until the year 1843.

The question as to the effects arising from the abuse of the American

flag was brought into discussion in 1842, between American and British

diplomatists. Great Britain had to acknowledge, as the slave-trade

by the United States had only been declared piracy in a municipal

sense, that although a vessel was fully equipped for the trade, or

even had slaves on board, if American, she was in no sense amenable to

British cruisers. It, however, leaves the question unsettled, How is

a vessel to be ascertained to be American? The plea that any vessel,

hoisting any flag, is thereby secured against all interference in

all circumstances, never can be seriously offered as a principle of

national law. Neither the United States nor any other power has ever

acted on a dogma of this breadth. The United States do not claim that

their flag shall give immunity to those who are not American; for such

a claim would render it a cover to piracy and to acts of the greatest

atrocity. But any vessel which hoists the American flag, claims to be

American, and therefore while she may be boarded and examined by an

American cruiser, this right is not conceded to a foreign cruiser;

for the flag is prima facie evidence, although not conclusive proof

of nationality; and if such vessel be really American, the boarding

officer will be regarded in the light of a trespasser, and the vessel

will have all the protection which that flag supplies. If, on the other

hand, the vessel prove not to be American, the flag illegally worn

will afford her no protection. Therefore a foreign officer boarding

a vessel under the flag of the United States, does it upon his own

responsibility for all consequences.

These principles have been carried out in the co-operation and joint

cruising with British vessels, as will hereafter be seen, with

occasional exceptions of blustering and blundering, when American

cruisers were absent. This state of things, however, sometimes produces

a strange dilemma. The brig “Lawrence,” which was really American, was

captured and condemned by an English admiralty court, as a slaver, all

of which was contrary to national rights. But it was made out that she

was a slaver, and although the master protested, he found himself

helpless. The vessel was justly condemned as a slaver, but condemned by

the wrong party, which had no legal jurisdiction over her. The master

was a pirate if he fell into the hands of American authorities, and

thus was debarred all claim for redress.

There is no doubt that many such cases occurred, and would again on the

withdrawal of the squadron. This, therefore, gave a kind of impunity

to the British cruisers, in violating the rights of the American flag,

and kept things in an unsound state. The only remedy for it, was in the

permanent establishment of an American squadron on the coast.

Dr. Hall, the agent in the Maryland colony at Cape Palmas says, “No

stronger incentive could be given to the commission of these outrageous

acts on the part of the British cruisers, than the course pursued by

the United States government, in declaring the slave-trade piracy, and

then taking no effective steps to prevent its prosecution under their

own flag!” Again: “If our force is not increased, and we continue to

disregard the prostitution of our flag, annoyances to our merchantmen

will more frequently occur. We shall no longer receive the protection

of British cruisers, which has ever been rendered to American vessels,

and without which the whole coast would be lined with robbers and

pirates.”

Africa and the American Flag · 第 22 / 34 章