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.[66] The United States answered by alleging that even the Treaty of 1842 had been misconstrued by England,[67] whereupon there was much warm debate in Congress, and several attempts were made to abrogate the slave-trade article of the treaty.[68] The pro-slavery party had become more and more suspicious of England’s motives, since they had seen her abolition of the slave-trade blossom into abolition of the system itself, and they seized every opportunity to prevent co-operation with her.  At the same time, European interest in the question showed some signs of weakening, and no decided action was taken.  In 1845 France changed her Right of Search stipulations of 1833 to one for joint cruising,[69] while the Germanic Federation,[70] Portugal,[71] and Chili[72]enounced the trade as piracy.  In 1844 Texas granted the Right of Search to England,[73] and in 1845 Belgium signed the Quintuple Treaty.[74]

Discussion between England and the United States was revived when Cass held the State portfolio, and, strange to say, the author of “Cass’s Protest” went farther than any of his predecessors in acknowledging the justice of England’s demands.  Said he, in 1859:  “If The United States maintained that, by carrying their flag at her masthead, any vessel became thereby entitled to the immunity which belongs to American vessels, they might well be reproached with assuming a position which would go far towards shielding crimes upon the ocean from punishment; but they advance no such pretension, while they concede that, if in the honest examination of a vessel sailing under American colours, but accompanied by strongly-marked suspicious circumstances, a mistake is made, and she is found to be entitled to the flag she bears, but no injury is committed, and the conduct of the boarding party is irreproachable, no Government would be likely to make a case thus exceptional in its character a subject of serious reclamation."[75] While admitting this and expressing a desire to co-operate in the suppression of the slave-trade, Cass nevertheless steadily refused all further overtures toward a mutual Right of Search.