Hon William H. Seward,
Secretary of State, Washington, D. C.
Earl Russell to Mr. Adams.
Foreign
Office,
July —,
1862.
Sir: I beg leave to request that you will
submit the following matter for the consideration of the cabinet at
Washington:
You are aware that the 6th article of the treaty concluded on the 7th
of April last between this country and the United States, for the
suppression of the slave trade, provides that British or American
merchant vessels may be lawfully detained, and sent or brought
before the mixed courts of justice, if, in their equipment, there
should be found any of the things specified in the said article as
usually forming part of the equipment of slave vessels. Among the
things which would render a vessel liable to seizure may be
mentioned a larger quantity of water than is requisite, under
ordinary circumstances, for the consumption of a vessel as a
merchant vessel; an extraordinary supply of provisions, or a boiler
or other cooking apparatus of an unusual size, or capable of being
made larger than requisite for the use of the vessel as a merchant
vessel.
The 7th article of the treaty provides that if any of the things
specified in the preceding article should be found on board a vessel
that may have been detained, or should be proved to have been on
board during the voyage on which she was captured, no compensation
for losses or expenses consequent upon the detention of such vessel
shall in any case be granted, even though she should not be
condemned by the mixed court of justice. But as some of the things
specified in article 6, particularly those I have mentioned, viz:
unusual supplies of water and provisions, and a large cooking
apparatus, may be found on board vessels legally employed on the
African coast, it becomes important that such vessels should not be
put to an unnecessary inconvenience or detention. For instance, it
may so happen that an American vessel engaged in carrying liberated
Africans to Liberia or any other part of Africa, may, on her voyage
to or from the African coast, fall in with a British cruiser, and
unless the commander of the British vessel were assured that the
vessel was engaged on a legal voyage, she might suffer
detention.
On the other hand, a British vessel engaged in transporting, or
fitted for the conveyance of liberated Africans from Sierra Leone,
or from St. Helena to another British colony, might suffer detention
at the hands of the commander of an American cruiser, unless her
commander were assured of the legality of the voyage of the British
ship.
With the view, therefore, to provide for the exemption from seizure
or detention of vessels legally fitted for the conveyance of
Africans to or from
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the
African coast, it is the intention of her Majesty’s government to
cause British ships so employed to be furnished with a passport or
“safe conduct,” to be signed by one of her Majesty’s secretaries of
state, by the governor of the British colony from which such vessel
may have sailed. The passport or “safe conduct” will state the name,
tonnage, and description of the vessel, and the name of the
commander, and the purpose of her voyage, and will be good only for
the voyage on which the vessel may be chartered.
In acquainting your government with the course which her Majesty’s
government propose to pursue in this matter, I beg leave at the same
time to request that you will have the goodness to suggest that
American vessels which may be legally employed on the African coast,
and whose equipment may render them liable to seizure or detention
under the terms of the treaty, may, on their part, be furnished with
a similar passport or safe conduct, signed by a competent United
States authority. Whilst her Majesty’s government on their part
guarantee that British cruisers should not molest American vessels
provided with such passports, they would, of course, require that a
similar guarantee should be given on the part of the United States
government in regard to British vessels.
I should be glad to be made acquainted with the decision of your
government in this matter with as little delay as possible.
I have the honor to be, with the highest consideration, sir, your
most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.
