A. N. Layard to The Secretary to the Admiralty, January 4, 1865

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 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.