NEWS OF THE WEEK.
THE treaty concluded by Lord ASHBURTON and Mr. WEBSTER on behalf of Great Britain and the United States has been published in the American papers just received. It embraces three objects—
the settlement of the Boundary between the United States and the British Provinces of New Brunswick and Canada, new stipulations respecting the Slave-trade, and the mutual surrender of fugitives charged with certain crimes of violence and fraud. The terms of the Boundary portion may be generally described by saying, that the intention appears to have been to avoid discussing the compli- cated claims of either party—to draw a aiinple and intelligible line so as to make the boundary as shapely as might be—to preserve to Britain the integrity of its territory without inconvenient breaks; giving to the United States the benefit of most doubts when some
part, as an island or a tract of land lying between alternative na- tural boundaries had to be awarded to one side or the other. In gross tangible boundaries, England appears to concede the most : in
spirit, the Americans have probably made the greater concession ; for the whole Union was committed to the quarrel in " honour" and prejudice ; whereas only one of England's provinces, New Brunswick, had any active concern in it ; and England was insti- gated to resistance mainly by a technical regard to principles of in- ternational policy : the United States were hurried forward by po- pular heats ; England stood upon diplomatic etiquette. The un- known quantity of land to which Englabd had (in her own mind)
undoubted title now ceded by Lord ASHBURTON, could not have paid for the shortest conceivable war between the two countries ; and in future negotiations it may serve England to have given sub- stantial proof that she is willing to waive demands on the score of material value.
Great Britain and the United States are to support fleets on the Western coast of Africa, to act in concert for the suppression of the slave-trade ; and they are to make mutual representations to other powers. Perfectly equal as the advance of either nation ap- pears to be here, it requires very little knowledge of the balance of opinion in the United States to make it plain that they have made a friendly advance where England only maintained her old po- sition.
It was feared that the mutual surrender of alleged criminals would be made the pretext for procuring fugitive slaves to be given up by the British authorities in North America or the West Indies; since colourable or imaginary charges might be preferred, so that the slave, whose surrender would be refused as such, might be claimed as a thief or a murderous assailant. Such an abuse of the
power is entirely precluded by Lord ASHBURTON'S stipulation : the fugitive is only to be surrendered on the production of such
evidence as would cause him to be committed for trial in the coun- try whence he is claimed ; but as the English law does not recognize any rights of property in the slave, and as it does allow considerable licence to a man flying or struggling for his personal liberty, it would be at least difficult to procure the surrender of a Slave—more so than that of a freeman, because the charge of
crime against the slave would be tainted with doubts arising from the fact of slavery:. For example, had free passengers on board an American ship seized the vessel and killed a resister in the act, they would be surrendered, under Lord AsunurtvoN's stipulation, as pirates and murderers: but the Negroes who seized the Creole and killed a passenger could not be surrendered either as mur- derers or pirates, because the fact of their being slaves left it to be assumed that they fought for their personal freedom, and seized the ship as their only means of escape—acts not only venial but laudable in the eye of British law. Besides the questions settled by the treaty, others have been disposed of, temporarily or permanently, in a less formal manner, by means of a correspondence between Lord ASHBURTON and Mr. WRESTER. The Creole question is suffered to fall to the ground ; Lord ASHBURTON asserting what is the English law, holding out (as he must in common sense) no hope that it could be modified, but Promising that the West India Governors shall be instructed to consider as far as they can in law, the friendly relations with the United States. As to the right of search, the Plenipotentiary pleads that England cannot surrender it at present, when the vast number of British subjects at sea, and the similarity in language and ap- pearance of British and American citizens, might tend so materially to frustrate the claims of this country on the naval services of its own subjects. It does not appear that that plea is denied ; neither could it well be admitted; and the question, ob neeessitatem ref, is postponed sine (lie. The Caroline question is finally disposed of; with no express con- cession on either side. Lord ASHBURTON insists that the respon- sibility of persons in military employ lies solely to their own go- vernment; declares that there was urgent necessity for the attack on the Caroline ; but in solemn terms regrets that the necessity of violating the territory of the United States had arisen. Mr. WE11.■ STER admits the exclusive responsibility of soldiers to their own go- vernment; and accepts Lord Asuneavoses expression of regret in lieu of an apology ; withdrawing all further claim or complaint on account of the burnt steamer.
The law just passed to remove the jurisdiction in such cases as that of M'Lson from the State to the Federal Courts, is a practical admission that the constitution of the Union was defective in that respect, and is one of the best guarantees for the satisfactory dis- posal of such cases in future, should they unhappily occur.
Such are the terms upon which Lord ASIIBURTON has settled the many questions, each of which seemed at no distant period suffi- cient to provoke a war, among the most grievous that the world could witness. Upon the whole, this country has no reason to complain that she has not obtained a fair share of concession ; yet the concessions made by the United States are not of a kind to be felt as a loss : England has perhaps conceded more in respect of mere material interests, hut not to such an extent as to be felt in- juriously; the United States have conceded most to principles_ It is a corollary to the solution of the other questions, but the most important fact of all, that the special mission has succeeded in restoring an excellent feeling towards England in its powerful ally. We understand, from those who have recently been in the - country, that the popular inclination to a breach with England has, under the attention shown to America by the appointment of the special mission, aided by Lord ASHBURTON'S conciliatory de- meanour, given place to the most hearty friendliness; and the joy which meets the peacemaker at every stage of his progress towards the port of embarkation for home, attests the hold which the better feeling has obtained on all classes of American society. Ingenuity has already been exercised in finding out the weak points of the treaty, and the disputes which may arise in future,— as, for instance, from the customs-regulations which it is reserved to New Brunswick to impose on the free navigation of the St. John. No treaty can prevent future disputes, if nations be in future in- clined to dispute. The use and the only capacity of treaties is, to set forth the mature and concurrent intentions of the contracting nations at any one time, as a chart for the guidance of the Ex- ecutive Government in each country : they cannot bind either party to perpetual observance of the contract, because there is no superior jurisdiction to enforce fulfilment. As soon as the circumstances or the intentions of the contracting parties alter, the treaty becomes waste paper; and then each party must rely on what remains of mutual friendliness, and on its own strength, to support its own intentions in a new convention ; a fresh treaty or a war being the alternative. The worse alternative is rendered less likely, not by rigid stipulations, which cannot be enforced, but by every thing which promotes kindly feelings and free neighbourly intercourse. Clear and definite terms in minor details may undoubtedly prevent differences; but it is of far more importance to place the several parties to the bargain in such a frame of mind that they do not desire to differ; and when the change is made from eagerness for violent extremities to that happy temper, the highest office of diplomacy is fulfilled.
