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time of peace, and that the obligations created by these confer not only the right thus to violate the American flag, but make this measure a duty, then it is also the duty of France to pursue the same course. Should she put this construction upon her obligations, it is obvious the United States must do to her as they will do to England, if she persists in this attack upon their independence. Should she not, it does not become me to investigate the nature of her position with respect to one of her associates, whose opinion concerning their relative duties wonld be so widely different from her own.

But I may express the hope, that the government of His Majesty, before ratifying this treaty, will examine maturely the pretensions asserted by one of the parties, and see how these can be reconciled, not only with the honor and interest of the United States, but with the received principles of the Great Maritime Code of nations. I may make this appeal with the more confidence, from the relations subsisting between France and the United States, from a community of interest in the liberty of the seas; from a community of opinion respecting the principles which guard it; and from a community in danger, should it ever be menaced by the ambition of any maritime power.

It appears to me, sir, that in asking the attention of His Majesty's government to the subject of the Quintuple Treaty, with a view to its reconsideration, I am requesting nothing on the part of the United States inconsistent with the duties of France to other powers.

If, during the course of the discussions upon this treaty, preparatory to the arrangement of its provisions, England had asserted to the other parties the pretensions she now asserts to the United States, as a necessary consequence of its obligation, I cannot be wrong in presuming that France would not have signed it, without guarding against this impending difficulty.

The views of England are now disclosed to you, fortunately before its ratification. And this change of circumstances may well justify the French government in interposing such a remedy as it may think is demanded by the grave interests involved in this question.

As to the treaties of 1831 and 1833, between France and Great Britain, for the suppression of the slave trade, I do not consider it my duty to advert to their stipulations. Their obligations upon the contracting parties, whatever they may be, are now complete; and it is for my government alone to determine what measures the United States ought to take to avert the consequences with which they are threatened by the construction which one of the parties has given to these instruments.

I have the honor to transmit herewith a copy of the message of the President of the United States to Congress, in December last, and of the annual documents which accompanied it. Among the latter will be found the correspondence between the British Secre

taries of State and Mr. Stevenson, upon the subject herein referred to. From these you will learn the respective views of the American and British governments.

It is proper for me to add, that this communication has been made without any instructions from the United States. I have considered this case as one in which an American representative to a foreign power should act without awaiting the orders of his government. I have presumed, in the views I have submitted to you, that I express the feelings of the American government and people. If in this I have deceived myself, the responsibility will be mine. As soon as I can receive despatches from the United States, in answer to my communications, I shall be enabled to declare to you either that my conduct has been approved by the President, or that my mission is terminated.

I avail myself, &c. &c.

LEW. CASS, &c.

CHAPTER X.

Effect of the protest upon the action of the French government, respecting the Quintuple Treaty--The Ashburton Treaty--Proceedings of Gov. Cass, on receiv ing copy of treaty-His correspondence with Mr. Webster, Secretary of State.

The frankness and boldness of Gov. Cass, in laying this protest before the French government and people, while it aroused the anger of the British government, deterred her from pursuing her object in the manner she commenced. The French chamber of deputies having their attention awakened to an examination of the schemes of England's ministers, refused to become a party thereto. Anxious to retreat with some appearance of honor, and unwilling to appear to the world, altogether unsuccessful in her project, and wishing to impress nations with her sincerity and laudable motives, which suggested the Quintuple Treaty, England opened a negotiation with the United States, on the subject, A special minister was sent to this country with authority to adjust and definitely settle all matters of difference between the two countries. A treaty was made and concluded, and signed by Lord Ashburton, the British ambassador, and Daniel Webster, American Secretary of State. The President directed Mr. Webster, in communicating this treaty to Gen. Cass, in France, to call his attention particularly to the clauses relating to the suppression of the African slave trade. The provisions in regard to that subject, in its connection with the right of search, as claimed by Great Britain, did not meet the views of Gen. Cass; nor could he consistently approve of them, even so indirectly, as to retain his position at the court of St. Cloud. He considered that the omission to procure a renunciation of the offensive claim of the English government, while negotiations were pending upon the very subject, which formed the pretended basis of the claim, placed him in a false position, and rendered his situation unpleasant to him. Truly his conduct in denouncing the pretension; in arraying against it a powerful people

and government, and so preparing an easy and open path, for whoever might be charged with the management of subsequent negotiation, was approved by the Executive of his government; yet when the subject came to be an object of treaty arrangement, when it was clothed with the solemnity of law, to be known and obeyed by the nations of the world, it was of greater moment to him, who had stood forth alone, and with his single arm, kept back the stride of a powerful ministry, to supremacy on the great highway of the world, that his course should be approved by the entire treaty making power of his country, than that his action should rest upon the individual and ephemeral sanction of the President

Desiring no longer, under such circumstances, a further residence in France, as the representative of his country, he requested permission to return home. The President, acknowledging the loss to this country, by the withdrawal of Gen. Cass, from so important a mission at that crisis, reluctantly gave his official consent.

Gen. Cass, on receipt of a copy of the treaty, presented it to the governmeut of France, with an accompanying letter from Mr. Webster. Although disappointed at the omission of those stipulations, which he regarded as of paramount importance, his patriotism and pride for his country, would not allow the utterance of a word of dissent or regret to escape him, at a foreign court. But with his own government he felt his position to be different, and himself at liberty to express to his countrymen, his feelings and sentiments without reserve. Hence, arose the celebrated controversy between Gen. Cass and Mr. Webster, immediately preceding, and after the termination of the official relation of the former.

The letters of Gen Cass, which follow, contain a complete history and examination of the subject of controversy, and cannot fail to impress the reader with the conviction, that his position is truly American, in principle, and is sustained by a cogency of argument which cannot be controverted.

LEGATION OF THE UNITED STATES, Paris, October 3, 1842. SIR: The last packet brought me your letter of August 29th, announcing the conclusion of a treaty with Great Britain, and accompanied by a copy of it, and the correspondence between the ministers charged with the negotiations, and directing me to make known to M. Guizot the sentiments of the American Government

upon that part of the treaty which provides for the co-operation of the United States in the efforts making to suppress the African slave trade. I thought I should best fulfil your intentions by communicating a copy, in extenso, of your letter. This I accordingly did yesterday. I trust I shall be able, before my departure, to transmit to you the acknowledgment of its receipt by M, Guizot.

In executing this duty, I felt too well what was due to my government and country to intimate any regret to a foreign power that some declaration had not preceded the treaty, or some stipulation accompanied it, by which the extraordinary pretension of Great Britain to search our ships, at all times and in all places, first put forth to the world by Lord Palmerston on the 27th August, 1841, and on the 13th October following, again peremptorily claimed as a right by Lord Aberdeen, would have been abrogated as equally incompatible with the laws of nations and with the independence of the United States. I confined myself, therefore to a simple communication of your letter.

But this reserve ceases when I address my own government, and, connected as I feel my official conduct and reputation with this question of the right of search, I am sure I shall find an excuse for what might otherwise be considered presumption, if,, as one of the last acts of my official career, I submit to you, and through you to the President, the peculiar circumstances in which I am placed by the conclusion of this treaty, and by the communication of your letter to M. Guizot.

Before proceeding further, however, permit me to remark that no one rejoices more sincerely than I do at the termination of our difficulties with Great Britain, so far as they are terminated. That country and ours have so many moral and material interests involved in their intercourse, that their respective governments and inhabitants may well feel more than ordinary solicitude for the preservation of peace between these two great nations. Our past history, however, will be unprofitable if it do not teach us that unjust pretensions, affecting our rights and honor, are best met by being promptly repelled when first urged, and by being received in a spirit of resistance worthy the character of our people and of the great trust confided to us as the depositaries of the freest system of government which the world has yet witnessed.

I had the honor, in my letter of the 17th ultimo, to solicit permission to return to the United States. That letter was written the day a copy of the treaty reached Paris, and the remark which I then made to you, that "I could no longer be useful here," has been confirmed by subsequent reflection and by the receipt of your letter and of the correspondence accompanying it. I feel that I could no longer remain here honorably for myself or advantageously for our country.

In my letter to you of the 15th February last, transmitting a copy of my protest against the ratification of the quintuple treaty for the suppression of the African slave trade, I took the liberty of

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