[INCLOSURE.]

LEGATION OF THE UNITED STATES, 46 Grosvenor Place, June 13, 1842

MY LORD,-At her majesty's levee, on the 1st instant, your lordship remarked to me that, from a cursory examination of papers recently transmitted from the Admiralty to the Foreign Office, relative to the detention and search of American vessels in the African seas, your lordship was led to think that, besides the case of the "Tigris," there was another case (your lordship thought that of the "Seamew") in which compensation would be found due from her majesty's government to the owners. I have now the honor respectfully to inquire whether there is any objection to my communicating this expression of your lordship's opinion to the government of the United States and the owners of the vessel, in my dispatches to be forwarded on the 19th instant.

The salutary influence of the annunciation in the United States of the decision of her majesty's government in the case of the "Tigris," and a persuasion that this influence would be greatly increased by the information I am desirous of communicating, form, with my conviction of the justice and reasonableness of the claims in question, my motives for submitting the present inquiry.

I have the honor to tender your lordship the assurance of my most distinguished consideration. EDWARD EVERETT.

The EARL OF ABERDEEN, &c., &c., &c.

[INCLOSURE.]

FOREIGN OFFICE, June 16, 1842.

The undersigned, her majesty's principal Secretary of State for Foreign Affairs, has the honor to refer Mr. Everett, envoy extraordinary and minister plenipotentiary of the United States of America, to the several communications which have passed between her majesty's government and the legation of the United States relative to the case of the United States vessel "Seamew," detained by her majesty's ship "Persian," Commander Quin.

The undersigned has now the honor to inform Mr. Everett, that her majesty's government, having received the information. collected on this subject, and having fully considered the case, have come to the conclusion that the seizure and detention of the "Seamew" by her majesty's ship "Persian" was not warranted either by the general law of nations, or by any particular treaty between this country and the United States of America.

There appears to be no doubt that the "Seamew" was not merely sailing under American colors, but that she was

also bona fide American property, and manned by an American crew. A British cruiser had, therefore, no right to capture her, and her majesty's government acknowledge that the case is one in which compensation may justly be demanded by the government of the United States.

The undersigned, however, is glad to have it in his power to inform Mr. Everett, that while the evidence given in the course of the inquiry instituted into this case shows that Commander Quin was by no means justified in interfering with the "Seamew," it satisfactorily disproves the evidently inflamed and exaggerated statements made by some of the crew of that vessel as to the conduct of the officers of her majesty's ship "Persian," and their own personal sufferings on the voyage to St. Helena.

It is due to the memory of Commander Quin, and to the other officers of her majesty's navy concerned in this matter, to state that all possible care was taken in moving the cargo of the "Seamew" during the search; that it was restored safe and in good condition, exactly as before; and that the charge of carousing and riotous conduct preferred against the officer and petty officer of her majesty's ship "Persian" is most positively and fully denied.

With regard to the treatment experienced by the crew of the "Seamew" on board the "Persian," it may be sufficient to state that they were placed in the messes of the lower deck of that sloop, which were on full allowance of all provisions; and that, so far from any complaint being made, or any dissatisfaction shown by them, they, on the decease of Commander Quin, asked and obtained permission to show their respect for that officer by following his body to the grave; and that, finally, Mr. Shreve, the second mate of the "Seamew," was landed with his own men at St. Helena, at his own request; and, before he left the vessel, came to the officer in command of the "Persian," on the quarter-deck, and thanked him for the kindness they had received while on board that sloop.

It now only remains for the undersigned to inform Mr. Everett that the statement made by the owners of the "Seamew" as to the losses they have sustained, and which was inclosed in Mr. Everett's note to the undersigned of the 29th of March last, will be transmitted to the proper department, in order that, as soon as the account shall have been substantiated to the satisfaction of her majesty's government, it may at once be settled.

The undersigned avails himself of this occasion to renew to Mr. Everett the assurance of his distinguished consideration. ABERDEEN.

EDWARD EVERETT, Esq., &c., &c., &c.

Mr. Everett to Mr. Webster.-[EXTRACT.]

LEGATION OF THE UNITED STATES, London, July 1, 1842.

*

*

With my last dispatch I transmitted a note from the Earl of Aberdeen, announcing the purpose of this government to make compensation to the owners of the "Seamew." I now beg leave to send you my answer to Lord Aberdeen's note. Although the discussion of the conduct of the British boarding officers is of no great interest, I thought it necessary to reply to the remarks of Lord Aberdeen on that point.

[INCLOSURE.]

LEGATION OF THE UNITED STATES, June 30, 1842.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has the honor to acknowledge the receipt of a note of the 16th instant from the Earl of Aberdeen, her majesty's principal Secretary of State for Foreign Affairs, announcing the intention of her majesty's government to make compensation to the owners of the "Seamew" for the loss sustained by them in consequence of the detention of their vessel on the coast of Africa, on the 27th of October, 1840.

The undersigned has had great pleasure in transmitting this note to his government, by whom he is sure it will be regarded as a new and highly satisfactory proof of the purpose of the government of her majesty to render full and prompt justice to the citizens of the United States who have suffered losses by the detention and capture of their vessels by her majesty's cruisers in the African seas.

The undersigned supposes that the documents already transmitted by him to the Earl of Aberdeen relative to the "Tigris" and "Seamew"-the property of the same owners-will be deemed to contain a satisfactory statement of the nature and amount of their losses. The originals of those documents will be furnished to Lord Aberdeen whenever his lordship may be pleased to express a wish to that effect. The undersigned is persuaded the moderation of the estimates will not escape Lord Aberdeen's notice, and will contribute to a speedy and satisfactory settlement of the claims.

In reference to Lord Aberdeen's remark on what his lordship considers "the evidently inflamed and exaggerated statements made by some of the crew of the Seamew," the undersigned will observe that if such be indeed the character of their statements, it ought to be remembered that, on any supposition as to facts, the provocation was extreme. If the master and crew of an unarmed merchantman, unlawfully dispossessed of

their vessel, and their property contained in it, carried by force on board a foreign cruiser, and finally compelled to find their way home as they can, should relate what had happened in terms of exaggeration, and even bitterness, the candor of Lord Aberdeen will admit that it would not be matter of reproach or wonder.

The most serious of the complaints against the officers of the "Persian" are made on oath by the captain and mate of the "Seamew." The undersigned admits that they are not impartial witnesses, but they have no strong interest to exaggerate the ill-treatment which they say they received. Without any desire to impeach the credibility of the evidence given in behalf of the officers of the "Persian," if, as the undersigned supposes, their personal liability depends in some degree upon their conduct in boarding and overhauling the vessel, they have a direct and powerful interest to represent their behavior in the most favorable manner.

That the cargo of the "Seamew" "was restored safe and in good condition exactly as before," would seem to be, in the nature of things, scarcely possible. It could not be believed, but on the strongest and most unexceptionable evidence, that a man-of-war's crew, overhauling a foreign merchantman in a distant sea, under suspicion of being concerned in the slave trade, and displacing and replacing her whole cargo in one operation, should perform it with the same care with which that cargo was gradually laid in by those whose livelihood depends on the manner in which their work is performed: men admitted to be the most prudent and careful mariners in the world. It appears, moreover, from the report of the persons by whom the Seamew" was surveyed at St. Helena-two of whom were American and two British captains of vesselsthat the cargo, on the arrival of the vessel there, was actually found in a condition in which scarce any evidence would persuade the undersigned that a Salem shipmaster had originally stowed it. The undersigned, &c.

The EARL OF ABERDEEN, &c., &c., &c.

[INCLOSURE.]

EDWARD EVERETT.

DEPARTMENT OF STATE, Washington, February, 1843. The Secretary of State, to whom has been referred a resolution of the House of Representatives of the 22d instant, requesting that the President of the United States "communicate to that House, if not in his opinion improper, whatever correspondence or communication may have been received from the British government respecting the President's construction of the late British treaty concluded at Washington, as it concerns

an alleged right to visit American vessels," has the honor to report to the President that Mr. Fox, her Britannic majesty's envoy extraordinary and minister plenipotentiary, came to the Department of State on the 24th instant, and informed the Secretary that he had received from Lord Aberdeen, her majesty's principal Secretary of State for Foreign Affairs, a dispatch, under date of the 18th of January, which he was directed to read to the Secretary of State of the United States. The substance of the dispatch was, that there was a statement in a paragraph of the President's Message to Congress, at the opening of the present session, of serious import, because, to persons unacquainted with the facts, it would tend to convey the supposition not only that the question of the right of search had been disavowed by the plenipotentiary at Washington, but that Great Britain had made concessions on that point.

That the President knew that the right of search never formed the subject of discussion during the late negotiation, and that neither was any concession required by the United States government, nor made by Great Britain.

That the engagement entered into by the parties to the treaty of Washington for suppressing the African slave trade was unconditionally proposed and agreed to.

That the British government saw in it an attempt, on the part of the government of the United States, to give a practical effect to their repeated declarations against that trade, and recognized with satisfaction an advance toward the humane and enlightened policy of all Christian states, from which they anticipated much good. That Great Britain would scrupulously fulfill the conditions of this engagement, but that from the principles which she has constantly asserted, and which are recorded in the correspondence between the ministers of the United States in England and herself in 1841, England has not receded, and would not recede. That he had no intention to renew, at present, the discussion upon the subject. That his last note was yet unanswered. That the President might be assured that Great Britain would always respect the just claims of the United States. That the British government made no pretension to interfere, in any manner whatever, either by detention, visit, or search, with vessels of the United States, known or believed to be such; but that it still maintained, and would exercise, when necessary, its own right to ascertain the genuineness of any flag which a suspected vessel might bear; that if, in the exercise of this right, either from involuntary error, or in spite of every precaution, loss or injury should be sustained, a prompt reparation would be afforded; but that it should entertain, for a single instant, the notion of abandoning he right itself, would be quite impossible.