native subjects and citizens. The sovereignty of the State is concerned in maintaining its exclusive jurisdiction and possession over its merchantships on the sea, except so far as the law of nations justifies intrusion of that possession for special purposes; and all experience has shown that no member of a crew, wherever born, is safe against imprisonment when a ship is visited. The evils and injuries resulting from the actual practice can hardly be overstated, and have ever proved themselves to be such as should lead to its relinquishment, even if it were founded on any defensible principle. The difficulty of discriminating between English subjects and American citizens has always been found to be great, even when an honest purpose of discrimination has existed. But the lieutenant of a man-of-war, having necessity for men, is apt to be a summary judge, and his decisions will be quite as significant of his own wants and his own power, as of the truth and justice of the case. An extract from a letter of Mr. King, of the 13th of April, 1797, to the American Secretary of State, shows something of the enormous extent of these wrongful seizures: "Instead of a few, and those in many instances equivocal cases, I have," says he, "since the month of July past, made application for the discharge from British men-of-war of two hundred and seventy-one seamen, who, stating themselves to be Americans, have claimed my interference. Of this number eighty-six have been ordered by the Admiralty to be discharged; thirtyseven more have been detained as British subjects or as American volunteers, or for want of proof that they are Americans; and to my applications for the discharge of the remaining one hundred and forty-eight, I have received no answer. The ships on board of which these seamen were detained having, in many instances, sailed before an examination was made, in consequence of my application." "It is certain that some of those who have applied to me are not American citizens, but the exceptions are, in my opinion, few; and the evidence, exclusive of certificates, has been such, as in most cases, to satisfy me that the applicants were real Americans who have been forced into the British service, and who, with singular constancy, have generally persevered in refusing pay or bounty, though, in some instances, they have been in service more than two years.' But the injuries of impressment are by no means confined to its immediate subjects, or the individuals on whom it is practised. Vessels suffer from the weakening of their crews, and voyages are often delayed, and not unfrequently broken up, by subtraction from the number of necessary hands by impressment. And what is still of greater and more general moment, the fear of impressment has been found to create great difficulty in obtaining sailors for the American merchant-service, in times of European war. Seafaring men, otherwise inclined to enter into that service are, as experience has shown, deterred by the fear of finding themselves ere long in compulsory military service in British ships of war. Many instances have occurred fully established in proof, in which raw seamen, natives of the United States, fresh from the fields of agriculture, entering for the first time on shipboard, have been impressed before they made the land, placed on the decks of British men-of-war, and compelled to serve for years before they could obtain their release, or revisit their country and their homes. Such instances become known, and their effect in discouraging young men from engaging in the merchant-service of their country, can neither be doubted nor wondered at. More than all, my Lord, the practice of impressment, wherever it has existed, has-produced, not conciliation and good feeling, but resentment, exasperation, and animosity, between the two great commercial countries of the world. In the calm and quiet which have succeeded the late war, a condition so favourable for dispassionate consideration, England herself has evidently seen the harshness of impressment, even when exercised on seamen in her own merchant-service; and she has adopted measures calculated, if not to renounce the power or to abolish the practice, yet, at least, to supersede its necessity, by other means of manning the Royal Navy more compatible with justice and the rights of individuals, and far more conformable to the spirit and sentiments of the age. Under these circumstances the Government of the United States has used the occasion of your Lordship's pacific mission to review this whole subject, and to bring it to your notice and that of your Government. It has reflected on the past, pondered the condition of the present, and endeavoured to anticipate, so far as might be in its power, the probable future; and I am now to communicate to your Lordship the result of these deliberations. The American Government, then, is prepared to say that the practice of impressing seamen from American vessels cannot hereafter be allowed to take place. That practice is founded on principles which it does not recognize, and is invariably attended by consequences so unjust, so injurious, and of such formidable magnitude, as cannot be submitted to. In the early disputes between the two Governments on this so long contested topic, the distinguished person to whose hands were first intrusted the seals of this department, declared that "the simplest rule will be that the vessel being American shall be evidence that the seamen on board are such." Fifty years' experience, the utter failure of many negotiations, and a careful reconsideration now had of the whole subject, at a moment when the passions are laid and no present interest or emergency exists to bias the judgment, have fully convinced this Government that this is not only the simplest and the best but the only rule which can be adopted and observed, consistently with the rights and honour of the United States, and the security of their citizens. That rule announces, therefore, what will hereafter be the principle maintained by their Government. In every regularly documented American merchant-vessel, the crew who navigate it will find their protection in the flag which is over them. The announcement is not made, my Lord, to revive useless recollections of the past nor to stir the embers from fires which have been in a great degree smothered by many years of peace. Far otherwise. Its purpose is to extinguish those fires effectually before new incidents arise to fan them into flame. The communication is in the spirit of peace, and for the sake of peace, and springs from a deep and conscientious conviction that high interests of both nations require that this so long-contested and controverted subject, should now be finally put to rest. I persuade myself, my Lord, that you will do justice to this frank and sincere avowal of motives, that you will communicate your sentiments in this respect to your Government. This letter closes, my Lord, on my part our official correspondence; and I gladly use the occasion to offer you the assurances of my high and sincere regard. (Signed) DANIEL WEBSTER. No. 2. Lord Ashburton to Mr. Webster. Sir, Washington, August 9, 1842. THE note you did me the honour 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 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 endeavour now to come to any agreement on this subject, I may be permitted to abstain from noticing at any length your very ingenious arguments relating to it, and from discussing the grave 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 labours 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 anything 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 sea-faring 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 unne cessary. 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 favourably to consider all matters having for their object the promoting and maintaining undisturbed kind and friendly feelings with the United States. I beg, Sir, &c., (Signed) ASHBURTON. BOUNDARY. CORRESPONDENCE RELATING TO THE BOUNDARY BETWEEN THE BRITISH POSSESSIONS IN NORTH AMERICA AND THE UNITED STATES OF AMERICA, UNDER THE TREATY OF 1783. [IN CONTINUATION OF PAPERS PRESENTED TO PARLIAMENT IN 1840.] Presented to both Houses of Parliament by Command of Her Majesty, LONDON: PRINTED BY T. R. HARRISON. |
