shall be adopted by her Britannic Majesty's government. I shall be thankful if you will inform Earl Russell that the President appreciates very highly the liberal and humane sentiments which have inspired the suggestion to which I have thus replied.

I am, my dear Lord Lyons, very truly yours,

Right Hon. LORD LYONS, &c., &c., &c.

WILLIAM H. SEWARD.

Lord Lyons to Mr. Seward.

WASHINGTON, February 4, 1864.

MY DEAR SIR: I did not fail to forward to Lord Russell a copy of the letter of the 28th November last, in which you did me the honor to inform me that if his lordship would prepare the draught of such a communication as might, in his opinion, properly be addressed to the Spanish cabinet, with a view to procure an amendment of the laws affecting the introduction of slaves into Cuba, the President of the United States would authorize you to communicate with the government of Spain in the same sense and spirit with those adopted by her Majesty's government.

Lord Russell has desired me to thank you for taking the President's instructions on this matter at a time when other pressing affairs must have occupied the attention of the Chief Magistrate. He has also authorized me to communicate to you the enclosed copies of a despatch from her Majesty's minister at Madrid, and of a note in which, in execution of instructions from her Majesty's government, that minister has pointed out to the government of Spain the measures which, in the opinion of her Majesty's government, are required for the suppression of the Cuban slave trade.

Her Majesty's government do not doubt that a similar representation addressed to the government of Spain by the United States minister at Madrid would have great weight with the Spanish cabinet, and they would learn with much satisfaction that the United States representative had been directed to make a communication to the Spanish minister for foreign affairs in the same sense as that made by her Majesty's minister in the note of which a copy accompanies this letter. Believe me to be, my dear sir, your very faithful, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

[Enclosures.]

LYONS.

The present captain general of Cuba has acted in good faith in carrying out the treaty obligations of Spain for the suppression of the slave trade, and the Spanish government appears to have hitherto approved the proceedings of that officer. The result has been that the number of slaves introduced into Cuba within the twelve months ended the 30th of last September is estimated at from seven to eight thousand, as compared with eleven thousand two hundred and fifty-four, the number introduced in the corresponding twelve months of the preceding year.

This diminution in the Cuban slave traffic would be satisfactory if it were not that it is mainly owing to the exertions of one individual alone, General Dulce, the present captain general of Cuba, who, it must be borne in mind, is liable to be removed at any moment, when, in all probability, the traffic would again resume its wonted vigor.

General Dulce complains bitterly of the want of sufficient power conferred

upon him, and of the inadequacy of the provisions of the Spanish penal code for suppressing the Cuban slave trade; and if an officer so well disposed as is the present captain general of Cuba finds it impossible to put a stop to the importation of slaves into Cuba, it may be easily inferred that a less honorable officer would find ample excuses for the non-performance of his duties in this respect.

In order to put an end to the slave trade in Cuba, it is necessary that the Spanish government should take steps for amending the laws prohibiting the introduction of slaves into that island. The existing laws are admitted by the Spanish authorities to be insufficient for the purposes for which they were framed, and until they are amended the sincerity and good faith of the Spanish government will be liable to be called in question.

The 4th and 13th articles of the penal code only serve as a protection to the slave dealers. The former of these articles prohibits the seizure by the authorities of any newly imported slaves, no matter how notorious may have been the violation of the Spanish laws in introducing the negroes, if once the slaves have been conveyed to a property or plantation in the island.

The 13th article, on the other hand, provides that the legal punishment of slave dealers and their accomplices can only be inflicted in virtue of a sentence of the "Royal Audiencia Pretorial;" but in consequence of nearly the whole of the population of Cuba, as well as the subordinate authorities, being more or less mixed up and interested in the slave trade, it is impossible to procure evidence to convict the parties engaged in the traffic, and this article remains, therefore, entirely inoperative.

Eleven hundred slaves have, as is well known to the government of the United States, been recently seized by the captain general of Cuba after they had been successfully landed and conveyed to a plantation in that island. Attempts will doubtless be made to procure their restitution on the ground that they have been illegally seized by the captain general; but if one of these negroes is given up to the slave dealers, either by the orders of the Spanish government or by the decision of a judicial tribunal, her Majesty's government trust that the government of the United States will unite with her Majesty's government in addressing a serious remonstrance on the subject to the Spanish government.

FEBRUARY 4, 1864.

MADRID, December 16, 1863.

M. LE MIN'RE: In conformity with the wish expressed by your excellency in the conversation which I had the honor of holding with you on the 14th instant upon the subject of the slave trade in the island of Cuba, I proceed to particularize in writing those measures to which I alluded as being, in the opinion of her Majesty's government, calculated to put a final stop to that deplorable traffic, the adoption of which measures I am instructed to press upon her Catholic Majesty's government.

As I had the honor of stating to your excellency, the government of the Queen, my mistress, have learned with extreme satisfaction, from the official reports of her Majesty's consul at Havana, that a considerable diminution in the number of negroes illegally imported into Cuba within the year ending the 5th of September last has taken place, as compared with former years, and also that a well-judged amelioration in the treatment of those legally held in slavery there has been encouraged by the authorities of her Catholic Majesty-a measure, as her Majesty's consul remarks, which has happily combined a regard for humanity and a sensible increase in the productivenenss of the plantations in which it has been adopted.

Her Majesty's government have pleasure in recognizing the good will and

activity displayed by the present captain general of Cuba, as well as the measure of his success, in checking the slave trade. It appears, however, that such are the temptations to unprincipled individuals to introduce slaves into Cuba, and such the facilities still afforded to them by the defects of certain parts of the Spanish laws regarding the subject, that without some modifications in these, his well-meant efforts must continue to fall short of their intended object. The measures to which her Majesty's government would call your excellency's attention are—

1st. An enactment declaring slave trade to be piracy. This is a measure which has been adopted by many nations, including those possessing large numbers of slaves. Its success has been signal in checking the slave trade in countries where it most prevailed. It has mainly contributed to free Brazil from the stigma attaching to this inhuman traffic, and that without any injury to her productiveness or material prosperity. Her Majesty's government are not aware of any sound argument which can be alleged against this measure.

2d. A modification of the 9th and 13th articles of the Spanish penal code in force in the island of Cuba.

According to the former of these articles, the authorities cannot seize imported negroes when once they have been conveyed to a property or plantation, however notorious the fact of such violation of the law having been committed may be.

According to the latter, the legal punishment of slave traders and their accomplices can only be inflicted in virtue of a sentence by the Royal Audencia Pretorial. Now, it is well known that the difficulty of producing evidence before this court is so great, that proof to convict those accused of such charges is seldom, if ever obtained, however morally convinced the ruling authorities may be of their guilt. It is true that the captain general has power to remove officers of whose delinquency he feels certain, and it is true that the present Captain General Dulce, his predecessor, the Duke de la Torre, and others, have exercised this power in regard to certain flagrant cases; but how much more effective as regards public opinion, how much more satisfactory to her Catholic Majesty's government, would it be that such punishment and degradation should result from a legal conviction, rather than from the exercise of discretional power.

I believe that in stating that the experience of the Duke de la Torre, as well as that of General Dulce, have caused them to coincide in the opinion that the adoption of both the measures to which I have above adverted would be expedient and necessary for the final extirpation of the slave trade in Cuba. I am not overstepping the truth in bringing, however, these measures under your excellency's attention. I feel confident that they will be submitted to the enlightened examination due to the intrinsic merits of the great end they are meant to forward, and also with the most friendly disposition on your excellency's part to set at rest forever a serious and painful matter of discussion between the governments of Great Britain and Spain.

I avail, &c., &c.

His Exellency the MARQUIS DE MIRAFLORES, &c., &c.

J. F. CRAMPTON.

MADRID, December 16, 1863.

MY LORD: In conformity with the instructions contained in your lordship's despatch of the 12th ultimo, I did not fail to express to the Marquis de Miraflores the gratification of her Majesty's government at the diminution of the slave trade, and the amelioration in the treatment of slaves in Cuba, reported by

her Majesty's acting consul general in his despatch to your lordship of September 30.

I said that it was satisfactory to know that these improvements resulted from the determination of the present captain general; and on the Marquis de Miraflores replying that General Dulce, by the manner in which he had acted, had faithfully carried out the wishes of her Catholic Majesty's government, I observed that, such being the case, I could feel no doubt that his excellency would take into serious consideration two measures, which appeared to her Majesty's government, and, indeed, to all persons acquainted with the subject, were wanting to enable that officer, who does not lack the will, to put a stop at once to the importation of slaves into Cuba, and to realize a wish which his excellency had so often concurred with me in expressing, that the serious and painful question which was continually recurring between the two governments in regard to this matter should be forever set at rest.

The two measures I alluded to were, I said: 1st. An enactment declaring the slave trade to be piracy. 2d. The modification of the penal code in force in Cuba, and particularly of the 9th and 13th articles.

With respect to the first of these measures, I observed that its efficacy had been shown in the case of Brazil, and no reasonable objection had ever been alleged against it by the Spanish government.

With respect to the second, the 9th and 13th articles of the code acted as a protection to the slave-traders, and defeated the intention of the law and the well-intended efforts of the Spanish superior authorities. The Marquis of Miraflores promised that he would take these matters into his consideration, and assured me that good will on his part would not be found wanting to do all that was possible to put an end to the slave trade.

As I had referred to particular articles of the penal code, he requested me to address him a note, in which they should be particularized, in order that he might be able at once to direct his attention to the points to which her Majesty's government alluded.

I have consequently, in the note of which I have the honor to enclose a copy, pointed out to the Marquis de Miraflores the effect of the articles 9 and 13 of the code, which are clearly stated in Mr. Crawford's report No. 12, of September 30, 1361, enclosed in your lordship's of that year.

I have, &c.,

The EARL RUSSELL

J. F. CRAMPTON.

Lord Lyons to Mr. Seward.

WASHINGTON, February 4, 1864.

SIR: I hastened to communicate to her Majesty's government the note dated the 21st instant (28th November last,) in which you did me the honor to inform me that you had learned from the United States consul general at Havana that more than one thousand recently imported African negroes had been brought to that city.

Her Majesty's government had already received intelligence of a steam vessel having left the African coast with a cargo of upwards of 1,100 slaves on board, and also of these slaves having been landed in Cuba. They have since been informed by her Majesty's consul general at Havana that eleven hundred and five of the newly imported slaves have been seized by the captain general of Cuba.

Her Majesty's government are not at present acquainted with the particulars relative to the vessel from which the slaves were landed, but they will take

measures to discover, if possible, the name of the vessel and the parties implicated in her proceedings, and they will be very much obliged if the government of the United States will communicate to them any information on the subject which the United States authorities may be able to furnish.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

LYONS.

Mr. F. W. Seward to Mr. Savage.

DEPARTMENT OF STATE,

Washington, February 5, 1864.

SIR: Your despatches from No. 116 to 118, both inclusive, have been received. Referring to your despatch No. 110, relating to the landing of certain negroes from Africa, I have now to transmit herewith a copy of a note from Lord Lyons, from which you will perceive that the government of Great Britain desires. further information in regard to the name of the vessel and the parties implicated in her proceedings. You will have the goodness, therefore, to endeavor to obtain such further information as you can, and communicate it to this depart

SIR: By the 9th article of the treaty of Washington, of the 9th of August, 1842, between the United States and Great Britain, it is stipulated that the parties will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets (for African negroes) are allowed to exist, and that they will urge upon all such powers the propriety and duty of closing such markets effectually at once and forever.

Spain is believed to be the only Christian state in whose dominions African negroes are now introduced as slaves. She has a treaty with Great Britain stipulating for the suppression of that traffic. The instrument was concluded at a time and under circumstances which, as it seems to us, imposes a peculiar weight of moral obligation on Spain to see that her stipulations were carried into full effect. It is understood, however, that the just expectations of the British government in that respect have been signally disappointed. This has, no doubt, been mostly owing to the fact that a great part of the public revenue of Spain has hitherto been derived from Cuba, the prosperity of which island has in some quarters been erroneously supposed to depend upon a continued supply of imported slave labor. This is believed to be the source of the disregard of Cuban slave dealers of the humane policy of the home government, and the alleged inefficiency at times of the colonial authorities.

We have no treaty with Spain on the subject of the slave trade; but as the laws of the United States characterized it as piracy long before our treaty with 5 c ***