Crampton to David A. Russell, December 16, 1863

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My Lord: In conformity with the instructions contained in your lordship’s despatch of the 12th ultimo, I did not fail to express to the Marquis de Miraflores the gratification of her Majesty’s government at the diminution of the slave trade, and the amelioration in the treatment of slaves in Cuba, reported by her Majesty’s acting consul general in his despatch to your lordship of September 30.

I said that it was satisfactory to know that these improvements resulted from the determination of the present captain general; and on the Marquis de Miraflores replying that General Dulce, by the manner in which he had acted, had faithfully carried out the wishes of her Catholic Majesty’s government, I observed that, such being the case, I could feel no doubt that his excellency would take into serious consideration two measures, which appeared to her Majesty’s government, and, indeed, to all persons acquainted with the subject, were wanting to enable that officer, who does not lack the will, to put a stop at once to the importation of slaves into Cuba, and to realize a wish which his excellency had so often concurred with me in expressing, that the serious and painful question which was continually recurring between the two governments in regard to this matter should be forever set at rest.

The two measures I alluded to were, I said: 1st. An enactment declaring the slave trade to be piracy; 2d. The modification of the penal code in force in Cuba, and particularly of the 9th and 13th articles.

With respect to the first of these measures, I observed that its efficacy had been shown in the case of Brazil, and no reasonable objection had ever been alleged against it by the Spanish government.

With respect to the second, the 9th and 13th articles of the code acted as a protection to the slave traders, and defeated the intention of the law and the well intended efforts of the Spanish superior authorities. The Marquis of Miraflores promised that he would take these matters into consideration, and assured me that good will on his part would not he found wanting to do all that was possible to put an end to the slave trade.

As I had referred to particular articles of the penal code, be requested me to address him a note, in which they should be particularized, in order that he might be able at once to direct his attention to the points to which her Majesty’s government alluded.

I have consequently, in the note of which I have the honor to enclose a copy, pointed out to the Marquis de Miraflores the effect of the articles 9 and 13 of the code, which are clearly stated in Mr. Crawford’s report No. 12, of September 30, 1861, enclosed in your lordship’s of that year.

I have, &c,