[62]
This stipulation of the treaty of 1842 was never properly carried out by
the United States for any length of time.[63] Consequently the same
difficulties as to search and visit by English vessels continued to
recur. Cases like the following were frequent. The "Illinois," of
Gloucester, Massachusetts, while lying at Whydah, Africa, was boarded by
a British officer, but having American papers was unmolested. Three days
later she hoisted Spanish colors and sailed away with a cargo of slaves.
Next morning she fell in with another British vessel and hoisted
American colors; the British ship had then no right to molest her; but
the captain of the slaver feared that she would, and therefore ran his
vessel aground, slaves and all. The senior English officer reported that
"had Lieutenant Cumberland brought to and boarded the 'Illinois,'
notwithstanding the American colors which she hoisted,... the American
master of the 'Illinois' ... would have complained to his Government of
the detention of his vessel."[64] Again, a vessel which had been boarded
by British officers and found with American flag and papers was, a
little later, captured under the Spanish flag with four hundred and
thirty slaves. She had in the interim complained to the United States
government of the boarding.[65]
Meanwhile, England continued to urge the granting of a Right of Search,
claiming that the stand of the United States really amounted to the
wholesale protection of pirates under her flag.
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