and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article; copies of all such orders to be communicated by each government to the other, respectively.

ARTICLE IX.

Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave trade, the facilities for carrying on that traffic and avoiding the vigilance of cruisers by the fraudulent use of flags, and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes, the parties to this treaty agree that they will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets are allowed to exist; and that they will urge upon all such powers the propriety and duty of closing such markets effectually, at once and forever.

ARTICLE X.

It is agreed that the United States and her Britannic majesty shall, upon mutual requisitions by them, or their ministers, of ficers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, committed within the jurisdiction of either, shall seek an asylum, or shall be found, within the territories of the other: provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offense had there been committed; and the respective judges and other magistrates of the two governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.

ARTICLE XI.

The eighth article of this treaty shall be in force for five years from the date of the exchange of the ratifications, and afterward until one or the other party shall signify a wish to terminate it. The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer.

ARTICLE XII.

The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in London, within six months from the date hereof, or earlier, if possible.

In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals..

Done, in duplicate, at Washington, the ninth day of August, anno Domini one thousand eight hundred and forty-two. DANL. WEBSTER. [SEAL.] ASHBURTON. [SEAL.]

And, whereas, the said treaty has been duly ratified on both parts, and the respective ratifications of the same having been exchanged, to wit, at London, on the thirteenth day of October, one thousand eight hundred and forty-two, by Edward Everett, Envoy Extraordinary and Minister Plenipotentiary of the United States, and the Right Honorable the Earl of Aberdeen, her Britannic majesty's principal Secretary of State for Foreign Affairs, on the part of their respective govern

ments:

Now, therefore, be it known, that I, John Tyler, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused [L. S.] the seal of the United States to be affixed.

Done at the city of Washington, this tenth day of November, in the year of our Lord one thousand eight hundred and fortytwo, and of the Independence of the United States the sixtyseventh. JOHN TYLER.

By the President:

DANIEL WEBSTER, Secretary of State.

VOTE OF THE SENATE ON THE FINAL QUESTION OF RATIFICATION, &c.

THE treaty having been communicated to the Senate by the President of the United States, by message of the 11th of August, 1842, was referred, on motion of Mr. Rives, to the Committee on Foreign Relations, of which committee Mr. Rives was chairman; it was reported from the committee without amendment on Monday, the 15th of August, and made the order of the day for Wednesday, the 17th, on which last day it was called up and discussed, as well as on the 19th and 20th. Several propositions to amend having been made and rejected, Mr. Rives, on the day last mentioned, submitted the following resolution:

Resolved (two thirds of the senators present concurring), That the Senate advise and consent to the ratification of the treaty to settle and define the boundaries between the territories of the United States and the possessions of her Britannic majesty in North America; for the final suppression of the African slave trade; and for the giving up of criminals fugitive from justice, in certain cases.

The Senate, by unanimous consent, proceeded to consider the said resolution. On the question to agree thereto, it was determined in the affirmative, Yeas 39, Nays 9.

Those who voted in the affirmative are, Messrs Archer, Barrow, Bates, Bayard, Berrien, Calhoun, Choate, Clayton, Crafts, Crittenden, Cuthbert, Dayton, Evans, Fulton, Graham, Henderson, Huntington, Kerr, King, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Preston, Rives, Sevier, Simmons, Smith of Indiana, Sprague, Tallmadge, Tappan, Walker, White, Woodbridge, Woodbury, Wright, Young.

Those who voted in the negative are, Messrs. Allen, Bagby, Benton, Buchanan, Conrad, Linn, Smith of Connecticut, Sturgeon, Williams.

So the said resolution was agreed to.

Ordered, That the Secretary lay the said resolution before the President of the United States.

The bill for carrying into effect the Treaty of Washington passed the House of Representatives on the 28th of February, 1843, by a vote of 137 Yeas to 40 Nays, and the Senate on the 2d of March, without a division, having been reported from the Committee on Foreign Relations by Mr. Archer, then chairman of that committee, without amendment.

MR. WEBSTER'S SPEECH IN THE SENATE OF THE UNITED STATES, APRIL, 1846, IN VINDICATION OF THE TREATY OF WASHINGTON OF 1842.

Ir is altogether unexpected to me, Mr. President, to find it to be my duty here, and at this time, to defend the Treaty of Washington of 1842, and the correspondence accompanying the negotiation of that treaty. It is a past transaction. Four years have almost elapsed since the treaty received the sanction of the Senate and became the law of the land. While before the Senate, it was discussed with much earnestness and very great ability. For its ratification, it received the votes of five sixths of the whole Senate: a greater majority, I believe I may say, than was ever before found for any disputed treaty. From that day to this, although I had had a hand in the negotiation of the treaty, and felt it to be a transaction with which my own reputation was intimately connected, I have been willing to leave it to the judgment of the country. There were, it is true, sir, some things of which I have not complained, and do not complain, but which, nevertheless, were subjects of regret. The papers accompanying the treaty were voluminous. Their publication was long delayed, waiting for the exchange of ratifications; and, when finally published, they were not distributed to any great extent, or in large numbers. The treaty, meantime, got before the public surreptitiously, and, with the documents, came out by piece-meal. We know that it is unhappily true that, away from the large commercial cities of the Atlantic coast, there are few of the public prints of the country which publish official papers on such an occasion, at large. I might have felt a natural desire that the treaty and the correspondence could have been known and read by every one of my fellow-citizens, from east to west, and from north to south. Indeed, I did feel such desire. But it was impossible. Nevertheless, in returning to the Senate again, nothing was further from my purpose than to renew the discussion of any of the topics discussed and settled at that time; and nothing further from my expectation than to be called upon, by any sense of duty to my own reputation and to truth, to make, now, any observations upon the treaty or the correspondence.

But it has so happened that, in the debate on the Oregon question, the treaty, and, I believe, every article of it, and the correspondence accompanying the negotiation of that treaty, and, I believe, every part of that correspondence, have been the subject of disparaging, disapproving, sometimes contumelious

remarks, in one or the other of the houses of Congress. Now, with all my indisposition to revive past transactions and make them the topics of debate here, and satisfied, and, indeed, highly gratified with the approbation so very generally expressed by the country, at the time and ever since, I suppose that it could hardly have been expected, nevertheless, by any body, that I should sit here from day to day, through the debate, and through the session, hearing statements entirely errroneous as to matters of fact, and deductions from these supposed facts quite as erroneous, all tending to produce unfavorable impressions respecting the treaty, and the correspondence, and every body who had a hand in it: I say, it could hardly have been expected by any one that I should sit here and hear all this, and keep my peace. The country knows that I am here. It knows what I have heard, again and again, from day to day; and if statements of fact, wholly incorrect, are made here, in my hearing and in my presence, without reply or answer from me, why, shall we not hear in all the contests of party and elections hereafter, that this is a fact, and that is a fact, because it has been stated where and when an answer could be given, or a denial made, and no answer was given, and no denial made? It is my purpose, therefore, to give an answer here, and now, to whatever has been alleged against the treaty or the correspondence. Mr. President, in the negotiation of 1842, and in the correspondence, I acted as Secretary of State, under the direction, of course, of the President of the United States. But, sir, in matters of high importance, I shrink not from the responsibility of any thing I have ever done, under any man's direction. Wherever my name stands I am ready to answer to it, and to defend that with which it is connected. I am here to-day to take upon myself, without disrespect to the chief magistrate under whose direction I acted, and for the purposes of this discussion, the whole responsibility of every thing that has my name connected with it in the negotiation and correspondence. Sir, the Treaty of Washington was not entered into to settle any-or altogether for the purpose of settling any-new arising questions. The matters embraced in that treaty, and in the correspondence accompanying it, had been interesting subjects in our foreign relations for fifty years-unsettled for fifty years agitating and annoying the councils of the country, and threatening to disturb its peace, for fifty years. And my first duty, then, in entering upon such remarks as I think the occasion calls for in regard to one and all of these topics, will be to treat the subjects, in the first place, historically; to show when each arose; what has been its progress in the diplomatic history of the country; and especially to show in what posture each of those important subjects stood at the time