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(Inclosure.)—General Cass to Lord Lyons.


Washington, June 8, 1860.

I HAVE received your Lordship's communication of the 6th instant, inclosing copies of orders issued by General Harney to the commanding officer of The United States' troops on the Island of San Juan dated on the 10th of April last, and communicated by the General's direction to the officer in command of Her Majesty's troops on the same island, and have lost no time in bringing the subject to the attention of the President.

I am now instructed to inform you that the arrangement entered into by General Scott, in the month of October 1859, in order to prevent any collision upon the Island of San Juan between the American and British authorities pending the negotiations between the two Governments, was strictly in pursuance of a previous arrangement which was made with Mr. Crampton by the Secretary of State of The United States in July, 1855, and met the full approval of this Government. The orders of General Harney, to which his attention has been called for the first time by the note of your Lordship, and which appear to be in violation of the arrangement of General Scott, have been read, therefore, by the President, both with surprise and regret. It is earnestly hoped that, upon a full explanation of all the circumstances attending them, it may be found that they were not intended to bear the construction which seems naturally to belong to them, and that in any event they will lead to no collision between the American and British authorities on the island. To prevent this, as far as possible, instructions will be immediately sent to the Commander of The United States' troops in that region revoking the orders of General Harney, and giving full effect to the arrangement of General Scott. A strict inquiry will also be instituted into the conduct of General Harney, with a view to such measures on the subject as may be found necessary, and for this purpose he has been recalled from his command, and ordered to report at Washington. I have, &c.

Lord Lyons.


CORRESPONDENCE respecting the Reception of Political Rcfugees on board Her Majesty's Ships of War.*-1819-1860.

No. 1.-Mr. Elliot to Lord J. Russell.—(Received March 29.)
Naples, March 23, 1860.
As I perceive that a discussion has taken place in the House of
Lords with regard to the reception of political fugitives on board

*Laid before Parliament, 1860.
3 F

[1859-60. L.]

Her Majesty's men-of-war, it is right that I should inform your Lordship that to the best of my belief no such person has been received during the last six months.

Although the newspapers announce the arrival of the fleet, Her Majesty's ship Orion is the only ship at present at Naples, and, in the conversations I have had with Captain Frere, I have expressed the opinion that it would be extremely undesirable to give out that political refugees could find a refuge on board his ship; but that in the event of such a person presenting himself he ought to be guided by the circumstances of the particular case.

In the present excited state of Sicily an announcement that political refugees could find a safe asylum on board Her Majesty's ships would possibly be nearly sufficient to produce an outbreak; but, on the other hand, it must be recollected that while a Govern ment and its agents are persecuting individuals in defiance both of law and justice, the persons flying from the police may fairly be considered as somewhat in the same position as those who are escaping from the lynch law of a mob, and I doubt whether any captain would drive back into the fangs of his pursuers a person who had once got on board and appealed for protection.

As far as I have ascertained the captains of Her Majesty's ships have acted with the utmost prudence and discretion, and when asked, as some have been, whether they would grant an asylum to political refugees, their reply has been that their sole duty was the protection of British interests.. I have, &c. Lord J. Russell.



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No. 2.-Mr. Hammond to the Secretary to the Admiralty. Foreign Office, March 29, 1860. I AM directed by Lord J. Russell to transmit to you a copy despatch from Her Majesty's Minister at Naples, as to the question of the reception on board Her Majesty's ships of war of such political refugees as might fly thither for refuge; and I am to request that in laying this despatch before the Lords Commissioners of the Admiralty, you will move their Lordships to inform Lord John Russell, at their earliest convenience, of the nature of the general instructions issued by the Admiralty for the guidance of the officers of Her Majesty's naval service in this respect.

The Secretary to the Admiralty.

I am, &c.


No. 3.-The Sec", to the Admiralty to Mr. Hammond.-(Rec Mar. 31.) SIR, Admiralty, March 31, 1860. In reply to your letter of the 29th instant, requesting to be informed of the nature of the general instructions issued for the guidance of the officers of Her Majesty's ships as to the reception. on board of such political refugees as might fly thither for refuge, I am commanded by my Lords Commissioners of the Admiralty to acquaint you, for the information of Lord John Russell, that no precise instructions on the subject have ever been issued for the general guidance of officers in the reception of political refugees; nor does it appear to my Lords to be expedient to lay down general regulations, which could rarely be sufficient under all the various contingences which may arise. It must therefore be necessary to rely on the judgment and discretion of officers in command, according to the circumstances of each individual case.

The last instruction on the subject appears to have been issued in accordance with the directions contained in a letter from Mr. Addington of the 4th of August, 1849, conveying the opinion of Lord Palmerston in reference to the state of affairs at that time existing at Naples; and my Lords have no reason to doubt that a sound discretion will be exercised by the several officers in command, who are at all times enjoined to avoid all possible cause of offence to the authorities of the ports which they may visit, and to respect the established rights, customs, and regulations of such places. Their principal duties must be, undoubtedly, to afford protection to British subjects and to British interests; and any shelter which might be afforded to political refugees must, upon grounds of humanity, be exceptional in every instance.

E. Hammond, Esq.

I am, &c.



No. 4.-Mr. Addington to the Secretary to the Admiralty. Foreign Office, August 4, 1849. I HAVE laid before Viscount Palmerston your letter of the 30th of July last, requesting, by direction of the Lords Commissioners of the Admiralty, his Lordship's opinion on a question which has recently occurred at Naples, as to the extent to which British shipsof-war in a foreign port are entitled to receive on board and shelter the subjects of a foreign Government who may be apprehensive of being persecuted if they remain on shore.

Viscount Palmerston directs me to request that you will acquaint the Board of Admiralty that his Lordship is of opinion that it would not be right to receive and harbour on board a British ship-of-war any person flying from justice on a criminal charge, or who was

escaping from the sentence of a court of law. But a British manof-war has always and everywhere been considered a safe place of refuge for persons of whatever country or party who have sought shelter under the British flag from persecution on account of their political conduct or opinions; and this protection has been equally afforded, whether the refugee was escaping from the arbitrary acts of a monarchical Government or from the lawless violence of a Revolutionary Committee.

There seems to be nothing in the present state of affairs at Naples or in Sicily which ought to make a British ship-of-war stationed in a Neapolitan or in a Sicilian port an exception to the general rule; and therefore, although the commander of such ship-of-war should not seek out or invite political refugees, yet he ought not to turn away nor to give up any who may reach his ship and ask admittance on board. Such officer must, of course, take care that such refugees shall not carry on, from on board his ship, any political correspondence, with their partisans on shore, and he ought to avail himself of the earliest opportunity to send them to some place of safety elsewhere.

Viscount Palmerston sees no reason, however, why the fact of a British officer having exercised this act of usual hospitality, should entitle the Government of the country to order him out of the port if the interests of Her Majesty's service should require that he should remain there. I am, &c.

The Secretary to the Admiralty.


No. 5.-Mr. Hammond to the Secretary to the Admiralty. (Extract.) Foreign Office, May 10, 1860. WITH regard to the reception of political refugees on board British vessels of war, I am to request that you will move their Lordships to call Vice-Admiral Fanshawe's attention to the instructions which you state in your letter of the 31st of March last were issued in accordance with the directions contained in the letter from this office of the 4th of August, 1819, and to furnish him with a copy of that letter for his guidance in the present state of affairs in Sicily.

The Secretary to the Admiralty.


TREATIES, &c. between Great Britain and Native Chiefs and States on the West Coast of Africa, relative to the Slave Trade, Commerce, &c.-1827-1860.

(1.)-TREATY of Cession and Slave Trade with Cumbo.-Bathurst, June 4, 1827.

TREATY between his Excellency Major-General Sir Neil Campbell, C.B., &c., Governor-in-chief of Her Majesty's possessions on the Western Coast of Africa, &c., in behalf of His Majesty the King of Great Britain, and Tomany, King of Cumbo, for themselves, their heirs and successors.

The Treaty in which the Island of St. Mary's was formerly given up to the British Government not being forthcoming, it is hereby agreed:

I. To prohibit and abolish the purchase and sale of slaves.

II. That the island of St. Mary's, the Cape, and the boundary bordering on other States to the southward and eastward of Coomba shall be open for every branch of commerce between the subjects of His Majesty the King of Great Britain and the natives of Cumba or any other kingdoms.

III. That the Island of Banjola, now called St. Mary's, and the adjoining territory, may be possessed by the Government and subjects of Great Britain for building and making farms in such places as are not actually possessed by any other person at the time, arranging the boundaries with the Alcaide of Baccow.

IV. That the King of Cumbo for the time shall receive 113 bars yearly for the possession hereby ceded to His Majesty the King of Great Britain, one-half to be paid every 6 months, upon the 30th day of June and the 31st day of December; to be paid in dollars, amounting to 50 each payment, or 100 dollars per year. This Treaty is hereby confirmed by the Undersigned at Bathurst, this 4th day of June, 1827.


TOOMANY, King of Cumbo.

MARMADY MARUN, Alcaide of Baccow, and
AMADY, son of the Alcaide of Baccow.


N. CAMPBELL, Governor.


AL. M. L. FRASER, Capt. and Commdt.
C. M. BURROWs, Actg. Mily. Secty.

(1.)--TREATY of Commerce with Dubreka.-Dubreka, October 31,

By the authority of his Excellency Norman William Macdonald,

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