CO885-(10-11) — Page 276

665.

PUBLIC RECORD OFFICE

Reference :-

..................... C.O. 885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

No. 226.

(ST. HELENA.)

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LAW OFFICERS to FOREIGN OFFICE. MY LORD,

Lincoln's Inn, January 19, 1864. We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 1st instant, stating that he was directed by your Lordship to transmit to us the correspondence as marked in the margin between the Foreign Office and the Colonial Office, by which it would be seen that the Duke of Newcastle is of opinion that, although the 9th article of the treaty between this country and the United States for the suppression of the Slave Trade provides for the delivery to the American authorities of the United States citizens found on board a vessel sailing without flag or papers and condemned as a slaver, yet that the Act of Parliament, 25 & 26 Vict. c. 40. B. 16., under which alone British authorities could give effect to the provisions of the article in question does not follow the treaty stipulation, but only provides that it shall be lawful for the authorities to order any person found on board such vessel at the time of capture to be conveyed within the jurisdiction of the nation under whose flag auch vessel so condemned as aforesaid was sailing at the time of capture, or to which such vessel may belong. That the Duke of Newcastle holds, therefore, that the treaty and the Act of Parliament are at variance on this point, and that the provisions of the Act would not authorise British authorities to deliver up to United States authorities citizens of the United States who may be captured on board a vessel taken and con- demned for being engaged in the Slave Trade without flag or papers, and Mr. Layard was to request that we would take these papers into consideration and furnish your Lordship with our opinion upon this case.

In obedience to your Lordship's commands we have taken these papers into conside- ration, and have the honour to

Report

That this was a vessel, sailing without flag or papers, condemned by an English "competent court" for being engaged in the African Slave Trade. On board this vessel a citizen of the United States is found, and the question arises as to what course ought to be pursued with regard to him under the 9th article of the African Slave Trade Treaty as carried into execution by the 16th section of the 25 & 26 Vict. c. 40.

We are of opinion that the 9th article, properly construed, directs that a foreign subject so found should be delivered up to the State to which the vessel belonged in which he was found, and not to the State (unless it happened to be the same), of which the individual was a subject. And we think that this provision of the 9th article is sufficiently given effect to by the 16th section of the Statute, which says, that the captain, &c., or any person found on board at the time of the capture of any vessel "which shall have been so condemned, as mentioned in the 9th article, shall be forth- "with conveyed within the jurisdiction of the nation under whose flag auch vessel was sailing at the time of capture, or to which such vessel may belong.' The last alter- native extends to the case of a vessel sailing without a flag.

C

The Earl Russell,

&c.

&c. &c.

We have, &c. (Signed)

4

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

16378-59. 25.-9/06.