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Mr. Burnley to Mr. Seward.

WASHINGTON, January 28, 1865.

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.

J. HUME BURNLEY.

Mr. Paget to Mr. Layard.

ADMIRALTY, December 8, 1864. 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 be 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.

C. PAGET.

Earl Russell to Sir J. Crampton.

FOREIGN OFFICE, January 5, 1865.

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, I 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 jurisdic

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tion 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.

RUSSELL.

Commodore Wilmot to the Secretary of the Admiralty.

RATTLESNAKE, ST. HELENA, October 29, 1864.

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.

EVARDLEY WILMOT, Commodore.

Mr. Layard to the Secretary of the Admiralty.

FOREIGN OFFICE, January 4, 1865. 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

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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, Portuto her Majesty's representatives in the countries named in the margin, gal, 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.

Mr. Burnley to Mr. Seward.

A. H. LAYARD.

WASHINGTON, January 28, 1865.

SIR With reference to the note which you did me the honor to address to me on the 15th December last, relative to shot fired from a battery at Eastport, having fallen on British territory, I am directed by her Majesty's government to state to you that they have received with satisfaction the assurance contained in your above-mentioned note, that instructions will be given to prevent any further shots being fired from the battery at Eastport into British territory, and that the occurrence in question was unauthorized, inadvertent, and was to be regretted.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 30, 1865.

SIR: I have the honor to enclose copy of a letter which I have received from Mr. Charles Green, as president of the Chamber of Commerce of Savannah, and beg you to take it into immediate consideration, in connexion with what I had the honor of bringing to your notice on the 23d instant.

Hoping to have soon the answer requested in my above-mentioned note, I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Mr. Green to Lord Lyons.

SAVANNAH CHAMBER OF COMMERCE,
January 19, 1865.

MY LORD: In the absence of the usual consular facilities for communicating with you, I am urged by the British residents here to repeat that their property in cotton falls daily into worse position. You are aware it has all been seized by the military, who not only forbid the owners the privilege of marking the bales at the time they are taken away, but refuse to allow the owners or their clerks to be present in the warehouses, and decline to give any receipt or record of the property they take away. The interests at stake are so large that the necessity of vouchers for the cotton is pressing, and the British subjects here solicit your excellency's interference with the American government hereupon.

I remain, &c., &c.,

CHARLES GREEN,

President of the Chamber of Commerce of Savannah.

His Excellency LORD LYONS.

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Mr. Burnley to Mr. Seward.

WASHINGTON, January 31, 1865. SIR: Upon the receipt of your note of the 4th instant, respecting two vessels building at Montreal, alleged to be for the naval service of the co-called Confederate States, I forward a copy of it to the governor general of Canada.

His excellency has furnished me with a report of the attorney general for Canada East upon this subject, a copy of which I have the honor to transmit herewith.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant.

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

CROWN LAW DEPARTMENT,

Quebec, January 24, 1865.

The undersigned has the honor to report to his excellency the governor general that from inquiries made by him, as shown by the annexed correspondence, relative to the two vessels alluded to by the United States vice-consul, in his letter of the 9th December last, addressed to the British minister at Washington, it does not appear that any suspicion of their destination other than the ostensible one, was excited in the minds of the customs officers at Montreal, and that one of these vessels, the Alexandarus had cleared from the port of Montreal before the date of the vice-consul's letter.

The undersigned will duly report to his excellency before the opening of navigation any further information that may be obtained relative to the Pinero.

SIR: I am directed by the honorable the attorney general for Lower Canada to request you to make diligent inquiry as to the trade or objects for which two ships now building at Montreal, to be called El Almandarus and Pinero are destined, and to report to him from time to time any reliable information that you may obtain in relation to them and their destination. I have, &c.,

GEORGE FUTVOYE, Clerk of Crown Law Department.

B. HOLMES, Esq.,

Collector of Customs, Montreal.

Mr. Holmes to Mr. Futvoye.

CUSTOM HOUSE, Montreal, December 29, 1864.

SIR: In reply to your letter of the 28th instant, requesting information respecting the steamers Almandarus and Pinero, I beg for the information of the honorable the attorney general for Lower Canada to state that the former was built on a wharf opposite this city, and then taken into the Lachine canal, by Mr. Augustine Cantin during the last summer. That owing to the illness of the measuring officer of this port, Mr. O'Meara, of -came up here and measured both vessels, and would, therefore, be competent to give every information as to whether there was anything suspicious in their build, or different from similar passenger steamboats.

These vessels were both registered at this port on the 25th of November last in the name of the builder, A. Cantin. The Almandarus was built on account of the General Cuban Steam Navigation Company of Havana, and the Pinero for Ildefonso Vivanco, merchant, of same place.

The Almandares, of 630 tons, J. B. Portias master, cleared from this port without cargo for Havana on the 7th instant, and by the latest accounts had reached Canso, where I was informed, at date of her sailing hence, she would stop for a supply of coal.

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It was intended to have cleared the Pinero, 287 tons, for the same port, but owing to the unfinished state of the joiners' work some difference arose between the parties interested, which created a delay of several days, and the season suddenly closing, the vessel was compelled to return into the Lachine canal to winter.

1

I would beg to observe that Mr. Cantin, in November, 1858, built a steam vessel of 437,8% tons, called the Colon, for Don Pedro Sacosta, of Havana, which was transferred to him there, and the register returned to this port by the British consul.

These vessels were stated to be intended for passenger boats, and the Almandares was fitting up at date of her clearance with state-rooms, &c., as in the usual way.

I have, &c.,

GEORGE FUTVOYE, Esq., &c., &c., &c.

BENJAMIN HOLMES, Collector.

Mr. Futvoye to Mr. O'Meara.

CROWN LAW DEPARTMENT,

Quebec, January 17, 1865.

SIR: I am directed by the honorable the attorney general for Lower Canada to transmit to you the enclosed letter of the collector of customs at Montreal, and to request you to return it, at your early convenience, with such further information as you may be able to furnish on the subject-matter thereof.

I have, &c.,

J. P. O'MEARA, Esq.,

GEORGE FUTVOYE, Clerk of Crown Law Department.

Measuring Surveyor, her Majesty's Customs, Quebec.

Mr. O'Meara to Mr. Futvoye.

CUSTOM HOUSE, Quebec, January 18, 1865.

SIR: I have the honor to acknowledge the receipt of your letter of the 17th instant, with enclosures from the collector of customs, port of Montreal, with a request I would return it at my early convenience, with such further information as I may be able to furnish on the subject-matter thereof.

In reply, I have the honor to state that I measured the steamers recently referred to, namely, the Almandares and Pinero, in Montreal, in the month of November last. They were represented so me by Mr. Cantin, the builder, as being intended to carry passengers, and were then being fitted up for that purpose. I saw nothing at the time which could have led me to suspect that they were intended for any other purpose than that represented to me by the builder, and in fact I remember remarking to Mr. Cantin that from the way in which they were being fittted up at the time with cane beds, &c., they appeared admirably adapted for the purpose for which he represented them to be built, viz: carrying passengers in the tropics. I have, &c.,

P. O'MEARA.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 31, 1865.

SIR: With reference to your note of the 11th of October, and to my reply of the 12th October, I have the honor to transmit to you herewith a copy of a despatch which I have received from the governor general of Canada, stating that his warrant has been issued for the delivery of William H. Crawford to the proper authorities of the United States.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.