Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress
Mr. Burnley to Mr. Seward
My Dear Sir: It may conduce, perhaps, to a better understanding as to the scope and bearing of Earl Russell’s slave trade despatch, No. 9, of the 7th December, of which I put a copy into your hands, at the State Department, if I send you copies of correspondence addressed to her Majesty’s minister at Madrid on this subject.
You will see that a despatch similar to the above has been addressed to all the European courts, inviting them to join together in declaring slave trade piracy.
Believe me to be, my dear sir, yours, very faithfully,
Hon. William H. Seward, &c., &c., &c.
Mr. Paget to Mr. Layard
Sir: I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Earl Russell, a copy of a letter from Commodore Wilmot, dated the 29th of October, No. 238, requesting their lordships to sanction an order he has given to the commander of her Majesty’s ship under his command, for the masters and crews of captured slavers to he detained on board the captors, for the purpose of finding out their nationality, and delivering them over to the governments to which they may severally belong.
The question raised by Commodore Wilmot has been on previous occasions brought before my lords, and particularly in a letter from Rear-Admiral Sir F. Grey, date March 12, 1840, a copy of which was sent to the foreign office on the 28th April following.
A steamer without colors or papers, formerly called the Rubens, of Antwerp, was captured by the Lyon. Several of her men were brought to the Cape of Good Hope, and acknowledged themselves to be Spanish subjects. Sir F. Grey, the commander-in-chief, referred the case to the attorney general of the colony, who gave an opinion that there was no power to detain them, or to send them to the Grand Canary, and this opinion was confirmed by her Majesty’s advocate general, as communicated to admiralty in foreign office letter May 12, 1860.
My lords apprehended, therefore, that the course proposed by Commodore Wilmot would be illegal, and they proposed to inform him that it cannot be adopted.
The practice at present is to land the crews of captured slavers (except those necessary for condemnation of a vessel, or those specified by treaties) at some convenient place, where their lives will not be endangered, and where they will most easily find means of embarking; care being taken that they have some money to provide themselves with food. The Portuguese will not allow any to be landed in their settlement.
My lords will be glad to know whether any alteration can be made in this practice, which obviously does afford some facilities for manning vessels to be employed in slave-trade.
I am, &c,
A. N. Layard, Esq., &c., &c., &c.
Earl Russell to Sir J. Crampton
Sir: I have to instruct you to request an interview with Marshal Narvaez, in order to speak to him again on the subject of slave-trade.
You will represent to his excellency, that the honor of Spain must suffer from the continued connivance of Spanish authorities at the violation of a solemn treaty concluded with England in the year 1835. You will point out to him that, by the operation of a British act of Parliament, and the consequent vigilance and activity of Brazilian governments, slave-trade has for the last ten years been unknown on the coast of Brazil; that unhappily it is not unknown on the coast of Cuba; but that it is impossible to believe that the Spanish government cannot do that which the Brazilian government has been able to do with ease and complete effect.
That by my despatch No. 41, of the 7th ultimo, 1 have asked the Spanish government to concur in submitting Spanish subjects captured in slave-trading ships to the jurisdiction of British courts—British subjects similarly captured being similarly subjected to the jurisdiction [Page 58] of Spanish courts—and that in both cases the offenders should be liable to the penalties attached to piracy. I have made a similar proposal to other governments in Europe and America.
A correspondence which I send you. and which has recently taken place between the British admiralty, the foreign office, and commodore commanding on the western coast of Africa, will enable you to show to Marshal Narvaez the mischief of letting loose miscreants, quite unworthy of the protection of the Crown of Spain, who, after being taken in one slave vessel, are liberated, and forthwith enlist in the same service in some other ship, bound on a similar unchristian and inhuman errand.
You will urge upon the marshal, so well known for his chivalrous sentiments and lofty character, the duty which devolves upon him of effacing a stain from the escutcheon of Spain, and of rendering a brilliant service to the cause of African freedom.
Sir J. F, Crampton, &c., &c., &c.
Commodore Wilmot to the Secretary of the Admiralty.
Sir: I have directed that the masters and crews of captured slavers be detained on board the captors, for the purpose of finding out their nationality and delivering them over to the government to which they belong.
2. It is the practice to land the master and others who form the crew of a captured slaver at the nearest convenient spot, for the purpose of getting rid of them; they are thus enabled to resume at pleasure their former occupation, and make fresh bargains with the slave dealers for future services.
3. If their governments are pleased to sanction this step, we shall place the dealers and others concerned in this traffic in a very uncertain position, because they will experience great difficulty in obtaining a proper master and crew for their vessels; as not only will there be a scarcity of masters and seamen, in consequence of those captured being sent out of the country and punished for their offences, but because they will be afraid to risk their lives and liberty, knowing that if captured they will be handed over to be dealt with by their own government.
I have, &c,
Secretary of the Admiralty, &c., &c., &c.
Mr. Layard to the Secretary of the Admiralty
Sir: I have laid before Earl Russell your letter of the 8th ultimo, transmitting a copy of one from Commodore Wilmot, requesting the lords commissioners of the admiralty to sanction an order recently issued by the commodore to the commanders of her Majesty’s cruisers directing them to detain the master and crews of captured slave vessels, with the view to ascertain their nationality, and to their being handed over to the governments of the countries to which they severally belong. You add that their lordships having in view the decision come to in the year 1860, in the case of the crew of the captured slave vessel Rubens, of Antwerp, apprehend that the course suggested by Commodore Wilmot would be illegal, and that their lordships propose, therefore, to inform him that it cannot be adopted.
Lord Russell desires me to observe in reply that he is of opinion that Commodore Wilmot would be justified in detaining the crews of captured slave vessels for the short period of time necessary for ascertaining in any case of such doubt, and in such cases only, whether any provision is made by treaty for their disposal—Spaniards by Spanish treaty, Portuguese by Portuguese treaty, and acts of Parliament confirming such treaties.
If treaty and act of Parliament are silent, his lordship is of opinion that we have no right to detain them, or to require the government of the country to which they may belong to take charge of them.
Commodore Wilmot in the order he has issued has, therefore, exceeded his lawful power. But he should be allowed, under the restrictions above mentioned, to detain the masters and crews of slave vessels till he has ascertained their nationality and position by treaty, and he should on all occasions land them, as far as he can conveniently do so, at places where, whilst their lives will not be endangered, it will not be possible for them to engage again immmediately in similar slave-trading expeditions.
I am to add that Lord Russell is so impressed with the necessity of measures being adopted [Page 59] for the punishment of the masters and crews of slave vessels captured without colors or papers to denote their nationality, that he has recently addressed a circular France, Spain, Portugal to her Majesty’s representatives in the countries named in the margin. Austria, Prussia, instructing them to invite the government to which they are accredited Italy, Netherlands, to concur in declaring slave trade piracy, and in submitting their subjects Russia, United states. captured in slave-trading ships to the jurisdiction of courts entitled to take cognizance of that crime.
A copy of the circular despatch in question is herewith enclosed for your lordship’s information.
I am, &c., &c.
The Secretary to the Admiralty, &c., &c., &c.