Earl Russell to Lord Lyons.
My Lord: Mr. Consul Archibald transmitted to your lordship, in his despatch of the 5th of January, a copy of the deposition made by the second mate of the Saxon, the case of which vessel forms the subject of my despatch to your lordship of the 21st of January, setting forth the circumstances under which the mate of that vessel was shot, on the occasion of her capture by Mr. Donohoe, an officer of the United States steamer Vanderbilt.
I have received this morning the opinion of the law officers of the crown, whom, as I acquainted you in my despatch, I proposed to consult with reference to that transaction, and I have now to state to you that if the deposition of the second mate, David Aitchison, contains the truth, the United States officer, Donohoe, ought to be tried without delay for the wilful murder of an innocent British subject; and your lordship will make a communication to that effect to Mr. Seward.
I transmit to your lordship further statements respecting that transaction, which I have received since the date of my despatch.
I am about to consult the law officers again on the general question relating to the capture of the Saxon, and the proceedings of the Vanderbilt in the matter, having received further information on the subject from the colonial office, and from the parties interested in the vessel; but in the meanwhile I must observe that the deposition of the second mate, Aitchison, although it throws no new light upon the cause of capture, imparts a still graver character to the case of the Saxon, which was, independently of it, one that called for a prompt and careful investigation of all the proceedings of the United States steamer Vanderbilt in regard to that vessel.
I am, &c.,