Lord Lyons to Mr. Seward.
Sir: Mr. Stuart did not fail to communicate to her Majesty’s government the note which you did him the honor to address to him on the 14th of last month, and in which you stated certain reasons which induced the government of the United States to decline, for the moment, to issue to commanders of United States vessels the instructions contemplated by the treaty of the 7th of April [Page 468] last for their guidance in carrying out the stipulations of that treaty for the suppression of the slave trade.
The principal reason for omitting to issue the instructions appears to be an apprehension that they would restrict the more extended right of search, which the commanders of United States vessels now exercise. as belligerents. And it seems to be believed that the objects of the treaty may be, in great measure, attained by the exercise of this belligerent right of search in lieu of the special right of search provided for by the treaty.
I am, however, instructed by her Majesty’s Principal Secretary of State for Foreign Affairs to take an opportunity of representing to you, that although United States cruisers may search by virtue of their belligerent rights, yet they cannot, by virtue of these rights, detain or send in for adjudication any neutral vessel not breaking blockade; in short, that they cannot give effect to the stipulations of the treaty unless they have such warrants and instructions as are prescribed by it.
I have the honor to be, with the highest respect, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State.