Same to same, (with an accompaniment, ) September 27, 1854. Same to same, (with accompaniments,) October 22, 1854. Same to same, November 11, 1854. Extract. Mr. Gibbs to Mr. Robertson, November 17, 1854. Extract. Mr. Hyatt to Mr. Marcy, May 1, 1855. Extract. Mr. Robertson to same, July 23, 1855. Extract. Same to same, (with accompaniments,) July 27, 1855. Same to same, December 6, 1855. Mr. Parker to Mr. Marcy, (with accompaniments,) February 12, 1856. Extracts. Mr. Trousdale to Mr. Marcy, (with accompaniments,) February 13, 1856. Extract. Mr. Robertson to Mr. Marcy, (with accompaniments,) April 5, 1856. Same to same, July 7, 1854. Extract. Same to same, July 20, 1854. Extract. Mr. Savage to Mr. Marcy, August 28, 1854. Extract. Same to same, (with accompaniments,) September 7, 1854. Mr. Parker to Mr. Webster, January 27, 1852. Extract. Same to same, (with accompaniments,) May 21, 1852. Extract. Mr. Marshall to Mr. Everett, (with accompaniments,) March 8, 1853. Extract. Mr. McLane to Mr. Marcy, March 20, 1854. Extract. Mr. Parker to Mr. Marcy, (with an accompaniment,) January 14, 1856. Extract. Mr. Gilmer to Mr. Marcy, February 1, 1856. Same to same, February 12, 1856. Sir H. L. Bulwer to Mr. Webster. BRITISH LEGATION, Washington, December 31, 1850. SIR I communicated to you recently, in conversation, the contents: of the enclosed copies of a correspondence between Captain Hastings, senior officer in command of the southern division of her Majesty's naval forces on the west coast of the African station, and Commodore Fanshawe, on the subject of the course to be pursued by them, in. order to maintain cordial and friendly co-operation between the officers of the British and United States navies respectively engaged in the suppression of the slave trade; and I stated that her Majesty's government derived the sincerest gratification from the proofs which this correspondence affords, both of the efficiency of the steps taken by the United States government to prevent the abuse of the United States flag, for purposes of slave trade, and of the cordiality with which the United States naval officers, in pursuance of their orders, co-operate with the officers of her Majesty. I also observed, with regard to the questions started by Commander Powell, of the United States vessel-of-war "John Adams," referred to in Captain Hastings' dispatch of the 17th of April, (here enclosed,) to his commander-in-chief, that her Majesty's government was desirous of coming to an understanding with the United States government, in order that identical instructions may be given on these points to the naval officers of the two governments. I deem it best, however, in order that the matter should not, amidst the numerous affairs which call for your attention, be forgotten, to state in writing that her Majesty's government consider it a general and acknowledged principle of international law, that the nationality of a vessel must be determined, not by the flag which may be hoisted from time to time at her masthead, but by the papers which prove her ownership; and upon this, issued those instructions to which Commander Fanshawe refers, for the guidance of her Majesty's naval officers engaged in the suppression of the slave trade, ordering such officers to board any suspected vessel and to require the production of her papers, whence arise the questions mooted by the commander of the United States cruizer "John Adams." It appears to her Majesty's government that the proper course to be pursued would be that, if a vessel so boarded should produce American papers, and the master should persist in asserting her American character, and if, nevertheless, there should be grounds either for suspecting her to be engaged in slave trade, or for supposing her papers to be false, the vessel should be delivered over to the nearest United States naval officers. But if the master should disclaim American nationality, or if the United States officer should, on examining the papers, find them to be false, then, and in either of those cases, the vessel should remain in, or be given back to the charge of the British officer, to be dealt with by British courts according to the real character of the vessel. This proposed arrangement is founded on the presumption that the courts of the United States could not deal with a vessel detained for slave trade unless she was United States property. And that if a slaver were to be sent for trial to the United States, and it should appear on trial that she was not an United States vessel, the court would acquit her for want of competence in the case. I may mention that a copy of the instructions above referred to, as issued by the admiralty, was transmitted to your department from this legation on the 6th of September, 1844. I shall be happy, at your earliest convenience, to hear your opinion with respect to the proposed arrangement. I avail myself of this occasion to renew to you the assurances of my highest consideration. H. L. BULWER. No. 151. [Enclosure.] CENTAUR, ASCENSION, May 17, 1850. SIR: With reference to the documents I have transmitted in my letter No. 149, of the 11th instant, I have to request you will be pleased also to lay before the lords commissioners of the admiralty the enclosed copies of a letter which I have received from the Hon. Captain Hastings, of her Majesty's steamship" Cyclops," senior officer of her Majesty's ships of the south division, seeking additional instruction from me with regard to the co-operation between our cruisers and those of the United States, in consequence of some proposals from the commander of the United States corvette "John Adams," and of my reply thereto. I shall be glad to receive their lordships' opinions of the views I have expressed, and which I hope will meet their approbation. I have, &c., ARTHUR FANSHAWE, Commodore. To the SECRETARY OF THE ADMIRALTY. [Enclosure.] Captain Hastings to Commodore Fanshawe. CYCLOPS, OFF AMBUZ, April 17, 1850. SIR: I consider it my duty to bring under your notice a conversation which I had the honor of holding with Commander Levin M. Powell, commanding the United States ship-of-war "John Adams," relative to the recent captures which have been made by some of the cruisers under your orders on the southwest coast of Africa of Brazilian vessels, who have attempted to evade search by presenting false American papers and hoisting American colors on meeting a British cruiser. Commander Powell began by stating to me that he was not desirous, in this conversation, of referring to past captures, but that now an American vessel-of-war was stationed on the southwest coast of Africa, he desired to make some arrangement or have some agreement between the respective cruisers on all further occasions of our meeting vessels bearing the emblem of our respective countries, but producing, in the individual boarding captain's opinion, no just right to wear it, and he would suggest that for the future, should a vessel be boarded by any of our cruisers presenting, in our opinions, false American colors, and that on our doubting the nationality of the vessel, and informing the master that our duty was, doubting his nationality, to send him to an American officer for further scrutiny, that should the said master, (should the vessel be an illegal trader, J and employed in the slave trade, or fitted to be so employed,) for fear of the consequences, (the law of the United States inflicting death on any of its subjects convicted of being engaged in the slave trade,) destroy the fraudulent American papers, and immediately present Brazilian ones, and direct a Brazilian ensign to be hoisted, that we, the British officers, should not seize such vessel as a Brazilian slaver, although we see she is fully equipped for the slave trade, and is delivered over to us as Brazilian, but that we ought to detain such vessel, on the grounds that false papers were first presented to us to evade search, and either give such vessel up to the American cruiser, if present on the coast, if not, to be sent to an American port for adjudication. As I hold no instructions for my guidance in cases arising such as I have had the honor of presenting you, I have respectfully to call upon you for your orders for my future guidance; and to place the subject before you in all its points of difficulty and doubt, I would beg to submit the following case, which is likely to arise at the present moment, viz: Two ships-of-war, cruising together for the suppression of the slave trade, namely, one an American and the other an English cruiser, observe a strange vessel, chase is given by both cruisers, and on nearing her, before the stranger has accertained the nationality of the ships in chase of her, she hoists an American ensign, but on closing each other the stranger discovers that the vessels chasing are the one an American the other an English cruiser. We will suppose that, similar to our late captures, the stranger is fully equipped for the slave trade, with Brazilians on board; the master, or owner of the vessel, knowing that if seized by the American cruiser, and on examination be found. by the American officer illegally fitted or full of slaves, the laws of the United States condemn himself and crew to death; but should the stranger change in the chase (after learning the nationality of the vessels pursuing him) his colors to Brazilian, and on the English cruiser reaching him, deliver his vessel up as a fully equipped Brazilian for the slave trade, or with slaves on board, I would ask for your instructions as to my guidance on this, apparently to me, most important subject, as in Commander Powell's views the vessel should be delivered up to the American officer, because, without any proof against her, she first displayed the American ensign in our presence. I would observe, also, to add to our difficulties, many of these illegal vessels have two sets of papers, fraudulent American and Brazilian, to be used as occasions may arise for them. I can confidently add, from my knowledge of many facts concerning our recent captures, which I have learned from different parties, that these vessels left a port in the Brazils, as Brazilian vessels, owned by Brazilian subjects, and that no American will be found who can lay claim to any of them as his property. It is true that we have, at the present moment, two cruisers of the United States co-operating with our vessels on this coast, for the suppression of the slave trade, but in consequence of their depôt for provisins being so distant, their period of remaining here does not exceed two months, and perhaps another two years may elapse before any other vessels of that nation appears again here; their presence will check the abuse of the United States flag by vessels not entitled to wear them, and it is to be regretted that the American cruisers were not sent here long before. GEORGE F. HASTINGS, Captain. [Enclosure.] Commodore Fanshawe, British Navy, to Captain Hastings, British Navy. CENTAUR, AT ASCENSION, May 15, 1850. SIR: I have to acknowledge the receipt of your letters from the 8th to the 22d April, transmitting to me a correspondence, and reporting to me verbal communications which had taken place between yourself and the commanders of the United States ships-of-war "John Adams" and "Perry" with various documents on the subject of the captures: which had been made during the few preceding months by her Majesty's cruisers, under your orders, of vessels which had fraudulently assumed the American flag, and also of complaints of the masters of the legal traders "Catherine" and "Louisa Beaton," respecting the manner in which they had been visited by the officers of our ships on the south coast, and, in consequence, seeking from me fresh instructions for your guidance, with respect to your co-operation with the cruisers of the United States, in the event of the recurrence of your meeting Brazilian vessels attempting to evade search by hoisting American colors and presenting false American papers, and on the points spoken of by Commander Powell, of the "John Adams." Before proceeding to reply to you on those matters, I must express the gratification I have experienced in perceiving the cordial and conciliatory spirit which prevades the whole of the communications between yourself and the American officers, as creditable to yourselves in the performance of the service with which you are entrusted, as it is in strict conformity with the wishes and directions of your respective governments. I entirely approve of the full and proper explanations which you have furnished Commander Powell, and I hope, being reported by him to his commander-in-chief and government, they will prove to them the extreme desire of her Majesty's officers, under my orders, in carrying out the difficult and delicate duties which they have had to perform, to act in the spirit of their instructions respecting the slave trade, with every courtesy and forbearance in communicating with American merchant vessels. If, on the one hand, some of such vessels may have been subjected to annoyance by such visits, others have received essential assistance; and it strikes me that persons have been found ready, on the reappearance of the United States ships-of-war on the south coast, to report to their officers the one case and to withhold the other, with a view of instilling a prejudice in their minds against the proceedings of the British officers in their endeavors to suppress the African slave trade. Ex. Doc. 99-3 |