No. 7.

Earl Russell to Lord Lyons.

My Lord: The fact of the capture of the British vessel Saxon at Angra Pequena, on the coast of Africa, by the United States steamer-of-war Vanderbilt, will have been made known to your lordship by the arrival of that vessel at New [Page 268] York, in charge of a prize crew. I enclose for your information copies of the papers relating to the transaction which have been transmitted to this office from various quarters.

I should inform you that Angra Pequena is not a possession of the British crown, though situated at no great distance from her Majesty’s possessions on that coast.

The law officers have not yet sufficient information before them to enable them to form a definitive opinion on the subject, and you will see by the enclosed copy of a letter which has been addressed by my direction to the admiralty, to the colonial office, and to Messrs. Sinclair, Hamilton & Co., that I am endeavoring to obtain it for them.

In the mean time, however, I have to instruct your lordship to call the attention of the government of the United States to the apparently extraordinary circumstance of the capture, at so great a distance from American waters, of a British colonial vessel, which was certainly not exposed to the suspicion of contemplating any breach of blockade, or, so far as appears, of carrying contraband of war to the enemies of the United States; and your lordship will request the government of the United States either to direct the immediate release of the Saxon, with proper compensation to the owners, or at least to explain the ground on which her seizure and detention are supposed to be justified.

I received the day before yesterday, from Mr. Consul Archibald, a copy of the deposition which has been communicated to your lordship respecting the murder of the mate of the Saxon, at the time of her capture, by one of the officers of the Vanderbilt, and as soon as I have been able to ascertain the view taken by the law officers of the transaction, I shall furnish your lordship with such special instructions on that feature in the case as they may recommend.

I am, &c.,

RUSSELL.