necessary to be here quoted as there are unfortunately still recurrences of these disputes respecting the exercise of the right of search, and it must be conducive to a good understanding between England and all other nations, that an accurate interpretation of the law of nations should be generally established and observed.
Negotiations for another treaty. The scope of this work will not admit of entering into all the details of the conferences in respect of the treaty which was shortly afterwards entered into between Great Britain and the United States, and which had become the more necessary after the unfortunate encounter[1] between the Chesapeake and H.M.S. Leopard in Hampton Roads, where England was held by various authorities to be in the wrong. It is now generally admitted that the commissioners on both sides were animated by a sincere desire to establish a firm and lasting friendship between the two countries, on terms mutually advantageous, though it is deeply to be lamented that their efforts at negotiation were at times much thwarted by popular clamour on both sides the water.[2] Considering the
- ↑ Holmes' 'Annals of America,' vol. ii. p. 434.
- ↑ It may be reasonably doubted whether Captain Humphreys, of the Leopard, was guilty of anything beyond going slightly beyond his instructions in taking from the Chesapeake three men who had deserted from the Melampus, but who were not actually named in the order sent to him by the Admiral of the Station, the Hon. G. C. Berkeley. That his order from Admiral Berkeley completely justified his firing into the Chesapeake cannot be questioned; but whether it was wise for Admiral Berkeley to issue such an order is another matter. The surrender of the Chesapeake took place in March 1807; and on the news reaching London, together with a Proclamation from Jefferson, the English government at once disavowed the act of Admiral Berkeley, and recalled him. It is further clear that if the captain of the Chesapeake had answered the hail of Captain Humphreys honestly and truly, his ship would not have been fired into.
