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.[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]