The British Right of Search and the African Slave Trade

Abstract

r rHE 11istoric controversy between Great Britain and tlle United States over visit and search in connection with the , African slave trade has been said to have come to an end lefinitisely in 1858. American historians have agreed in giving credit to Bucllanan and his secretary of state, Lewis Cass, for compelling, or at least inducing Great Britain to relinquish her claim.1 The English llistorianS Professor A. P. Newton, also accepts this date, though averring that the controversy was concluded because the British government was itself convinced, as the result of an inquiry of its own, tllat visit and search had no basis of legality.2 Nevertheless, the diplotnatic correspondence reveals that the controversy was far from being terminated in 1858. While it never again became a matter of public discussion, it continued to be a live issue between the two goarernments until the end of the Buchanan administration. TIle American Civil War put an end to it forever. Food for controversy was supplied by the British attempt to (llaw a distinction between a right of search and a right of visit to verify, by inspection of papersS the nationality of a vessel. Maintenance of this distinction seemed to the British government essential to tlle success of its antislave trade crusade in view of the well-known abuse by slaving vessels of national flags. The abuse of the American flag was particularly extensive because tlle United States alone among the great maritime states had steadfastly refused to negotiate a mutual right of search treaty.3