Paget to A. N. Layard, December 8, 1864

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,