LORD ASHBURTON, &c., &c., &c.
* * * * *
_Lord Ashburton to Mr. Webster._
Washington, August 9, 1842.
Sir,--The note you did me the honor of addressing me the 8th instant, on
the subject of impressment, shall be transmitted without delay to my
government, and will, you may be assured, receive from them the
deliberate attention which its importance deserves.
The object of my mission was mainly the settlement of existing subjects
of difference; and no differences have or could have arisen of late
years with respect to impressment, because the practice has, since the
peace, wholly ceased, and cannot, consistently with existing laws and
regulations for manning her Majesty's navy, be, under the present
circumstances, renewed.
Desirous, however, of looking far forward into futurity to anticipate
even possible causes of disagreement, and sensible of the anxiety of the
American people on this grave subject of past irritation, I should be
sorry in any way to discourage the attempt at some settlement of it;
and, although without authority to enter upon it here during the limited
continuance of my mission, I entertain a confident hope that this task
may be accomplished, when undertaken with the spirit of candor and
conciliation which has marked all our late negotiations.
It not being our intention to endeavor now to come to any agreement on
this subject, I may be permitted to abstain from noticing at length your
very ingenious arguments relating to it, and from discussing the graver
matters of constitutional and international law growing out of them.
These sufficiently show that the question is one requiring calm
consideration; though I must, at the same time, admit that they prove a
strong necessity of some settlement for the preservation of that good
understanding which, I trust, we may flatter ourselves that our joint
labors have now succeeded in establishing.
I am well aware that the laws of our two countries maintain opposite
principles respecting allegiance to the sovereign. America, receiving
every year by thousands the emigrants of Europe, maintains the doctrine
suitable to her condition, of the right of transferring allegiance at
will. The laws of Great Britain have maintained from all time the
opposite doctrine. The duties of allegiance are held to be indefeasible;
and it is believed that this doctrine, under various modifications,
prevails in most, if not in all, the civilized states of Europe.
Emigration, the modern mode by which the population of the world
peaceably finds its level, is for the benefit of all, and eminently for
the benefit of humanity. The fertile deserts of America are gradually
advancing to the highest state of cultivation and production, while the
emigrant acquires comfort which his own confined home could not afford
him.
If there were any thing in our laws or our practice on either side
tending to impede this march of providential humanity, we could not be
too eager to provide a remedy; but as this does not appear to be the
case, we may safely leave this part of the subject without indulging in
abstract speculations having no material practical application to
matters in discussion between us.
But it must be admitted that a serious practical question does arise,
or, rather, has existed, from practices formerly attending the mode of
manning the British navy in times of war. The principle is, that all
subjects of the crown are, in case of necessity, bound to serve their
country, and the seafaring man is naturally taken for the naval service.
This is not, as is sometimes supposed, any arbitrary principle of
monarchical government, but one founded on the natural duty of every man
to defend the life of his country; and all the analogy of your laws
would lead to the conclusion, that the same principle would hold good in
the United States if their geographical position did not make its
application unnecessary.
The very anomalous condition of the two countries with relation to each
other here creates a serious difficulty. Our people are not
distinguishable; and, owing to the peculiar habits of sailors, our
vessels are very generally manned from a common stock. It is difficult,
under these circumstances, to execute laws which at times have been
thought to be essential for the existence of the country, without risk
of injury to others. The extent and importance of those injuries,
however, are so formidable, that it is admitted that some remedy should,
if possible, be applied; at all events, it must be fairly and honestly
attempted. It is true, that during the continuance of peace no
practical grievance can arise; but it is also true, that it is for that
reason the proper season for the calm and deliberate consideration of an
important subject. I have much reason to hope that a satisfactory
arrangement respecting it may be made, so as to set at rest all
apprehension and anxiety; and I will only further repeat the assurance
of the sincere disposition of my government favorably to consider all
matters having for their object the promoting and maintaining
undisturbed kind and friendly feelings with the United States.
I beg, Sir, on this occasion of closing the correspondence with you
connected with my mission, to express the satisfaction I feel at its
successful termination, and to assure you of my high consideration and
personal esteem and regard.