The Express.
London, England, 1863-06-29 00:00:00

THS DISPUTE WITH BRAZIL

OFFICIAL DESPATCHIMI.
The following is the text of the decision of his
Majesty the Bing of the Belgians u arbitrator in the case
of the officers of her Dfajesty's ship Forte and the Brazilian

agents :
" We, Leopold, King of the Belgians, having accepted the
functions of arbiter, which have been conferred upon us by
common consent by Great Britain and by Brazil, in the
differences which have arisen between these states, in the
matter of the •crest, on the 17th June, 1862, by the guard
of Brazilian police stationed at Tijuos, of three officers of
the British navy, and of the eirenmstaisces which resulted
after and at the time of that arrest ; animated by • sincere
desire to respond by a scrupulous sod impartial decision to
the confidence which the said states have shown
towards us ; having to this end duly examined and
maturely weighed all the papers that have been
produced by one side and by the other ; wishing, in order to
fulfil the task which we have accepted, to bring to the
knowledge of the high parties interested the result of our
examination, as well as our decision in the capacity of
arbiter upon the question which has been submitted to ua
f• the following terms, namely—whether, in the mode in
which the laws of Brazil have been applied towards the
English officers there has been offence to the British navy ;
considering that it is in no way shown that the origin of
the conflict was the act of the Brazilian agent., who could
not reasonably have bad motives for provocation ; con-
sidering that the officers, at the time of their arrest, did
not wear the uniform of their rank, and that in • port
frequented by so many foreigners they could not expect
to be believed on their mere word when they declared that
they belonged to the British navy, while there was no
outward sign of their rank to support their declaration ; that
consequently, once arrested, they ought to have submitted
to the existing laws and regulations, and had no right to
require any treatment different to that which would have
been applied, in similar circumstances, to all other persons ;
considering that, although it is impossible to deny that the
incidents which ensued were most unpleasant to the Eng-
lish officers, and that the treatment to which they were
exposed must have appeared to them most harsh, it is
nevertheless proved that when, by the declaration of the
English vice-consul, the social position of these officers had
been duly established, measures were at once taken to secure
them special consideration, and that their uncooditional
liberation was then ordered ; considering that the functionary
who camel them to be released ordered their release as soon
ss he possibly could, and that in acting thus he was
prompted by the desire to spars these officers the disagree-
able consequences which, in conformity with the laws, must
necessarily have been entailed upon them from any further
steps taken in the matter; considering that, in his report
of the 6th of July, 1862, the prefect of police had not ouly
to make a statement of facts, but was also obliged to render
to his superior authority an account of his conduct, and of
the rumps that induced him to treat them with coaddera•
Con ; considering thathe was, from that time, properly. sod
without any malicious intention being fairly attributable to
him, authorised to express himself as he did, we are of
opinion that., io the mode in which the laws of Brazil have
been applied towards the English officers, there wu neither
premeditation of offence, nor offence, to the British navy.
Done and given in duplicate, under our royal seal, at the
Palace of Lichen, the 18th day of June, 1863.
(Signed) " Licleono I."
Lord Howard de Walden in transmitting the above writes
to Earl Russell :—" I expressed to the King oo behalf of
her Majesty's government their sense of his Majesty's gra-
cious and friendly act in having accepted the part of arbi-
trator in this painful and troublesome affair. The King
restricts his judgment to the character or spirit of the pro-
ceeding of the Brazilian agents, whether, in • national point
of view in regard to the British navy, it was to be deemed
offensive or not, and on this his Majesty decides in the
negative."
The following memorandum regarding the assessment of
compensation in the case of the Priooe of Wales has been
preunted to the House of Lords :—" On the 18th of
February Earl Russell directed the Queen's Advocate to be
informed that the government of Brazil had instructed their
representative in England to notify to her Majesty's govern-
ment that he wee authorised to pay, under protest, what-
ever sum her Majesty's government might demand. in the
shape of compensation in the can of the vessel Prince of
Wales; and his lordship requested the opinion of the
Queen's Advocate as to the amount at which that can•
ponied= should be assessed. The Queen's Advocate was
at the same time informed that the responsibility of
mewing compensation bad not been sought by her 3f nicety's
government, ho had iodeed propmed, through Mr. Chretie,
that the question of atoount should be referred to arbitra-
tion. The course pursued by Brazil had, however, left her
Majesty. government no option in the nutter. The Queen's
Advocate's report is to the following effect : —The Queen's
Advocate states that be is of opinion that no sum should be
c2aimed io excess of tics sum mentioned in Mr. Christie's
communiostioos to the Brazilian government ; that oo de-
maod should be made oo account of freight, or on account
of the loss of the vessel itself ; that the &mood should be
founded on the plunder of the cargo, of the effects of the
crew, and also upon the too probable murder of some or all
of them. He estimates, roughly, the loss of wages and
effuse at 2901., and the compensation for possible murders
at 8401., to be paid to the families of those who were
wrecked. As to the cargo, be makes allowances for pro-
bable and necessary damage, and for salvage had the Mho-
bitaots of the coast appeared as salvors is place of plun-
derers ; and he then roughly estimates this item at 2,3601.
Upon these data a sum of 3,%101. was fixed by Earl Russell
instead of 3,4901., the sum total of the items estimated by
the Queen's Advocate. This sum was demseded by a note
of the 24th of February addressed by Earl Rumen so M.
Moran, and it was paid by M. Mantra on the 26th of
February.
• "Foreign-office,. June 21."

DESPATCH OF EARL RUSSELL.
The following despatch has been addreesed
Earl Rummell to her Majesty's ambamadors at the count of
Austria, Francis, Prom* sod Rorie :
" man BUMSLL TO LORD BLOOIITTILD..
" Foreigmofilee, June 10, 1863.
"My Loed,—The time is at band when her Majssty's
declaration of her 'sadirons to consent to the union of the
'mien Islands with Greece, it the lonian Islands should
themselves desire that union, must be followed by practical
men see ; and her Majesty's government are anxious, be-
fore taking farther steps, to free the subject from ambiguity.
As, therefore, some unfounded notions are entertained with
respect to those islands, it say be useful that I should call
your excellency's attention to the truth regarding their
position, their rights, and their future condition.
"The louden Islands are not, as some pastes appear to
mimeos, a part of the possessions of the British crown.
They form the Republic of the Seven Island., placed by
treaty node: the protection of the Sovereign of the United
Kingdom, his heirs and encnessors. The manner in whisk
these Woods cane under the protection of the Britt&
crown is well known to all those who are acquainted with
the European tonsectioos of 1815. Pr:whims nesting be
theca were Dot included among the article, of the general
treaty concluded at Vienna in the mouth of June( that
year, but on the 4th of Jose of that year
the plenipotentiaries of the four powers, Austria,
Great Britain, Prussia, and Russia, being metal:dad, m-
corded in a pectorisl what had passed at their mafereess of
that day. The plenipotentiary of Austria declared that
the question of the possession of the loathe Islands Ming
connected with the tranquillity of Italy, and of the former
Venetian provinces, the court of Austria would charge
itself with the protection of these Wands, and would guaran-
tee to them the maintenance of their laws and privileges.
But the plenipotentiaries of Russia said, that desiring
nothing else than to assure to the inhabitants of those
islands the happiest lot., and that most appropriate to their
situation, they thought it their duty to promote the wish
of the inhabitants of those islands, that they should re-
main under the protection of Great Britain. The plonk-
potentiaries of Russia also remarked that Count de Caps
district, who had been charged specially with this matter,
being absent, they could not then make any definitive
arrangement, and they proposed an adjournment, and this
proposal was finally adopted. It is well known that Couat
de Capodistrias, who at that time enjoyed pest favour with
the Emperor Alexander, was zealous hi behalf of the na-
tionality and freedom of his countrymen. Knowing that
the lonian Islands could not stand atom as an inter
pendent state, he wished to place them under the protection
of Great Britain, whose institutions, framed on principles
of liberty, be desired to see established among a people of
Greek habits and language. Them desires of Count de
Capodistrias were, by the influence of the court of Ramie,
and with the consent of Great Britain, accomplished by the
treaty of Paris of Nov. 5, 1815, between Gnat Britain,
Austria, Russia, and Petunia.
"The preamble of this treaty recites that the powers
concerned, ' animated by the desire of prosecuting the oego
Cations adjourned at the Congress of Vienna, in order to fix
the destiny of the Seven Imam Islands, and to ensure the
independence, liberty, and happiness of those islands, by
placing them and their constitution under the immediate
protection of me of the great powers of Europe, have agreed
to settle definitively by a special act whatever relates to this
object, lac.' The first article of tide treaty declares that 'the
Wands of Corfu, Cephalonia, Zaute, Santa Mama, Ithaca,
Congo, and Pam, with their dependencies, such as they
were described in the treaty between his Majesty the
Psuperor of all the Russia and the Ottoman Porte, of the
21st of March. 1800, shall form a single, free, and lode-
-1 pendent state, under the denomination of the United States
of the lonian Islands.' The toroth article declares that
'the Lord High Commissioner of the protecting power
shall regulate the forms of convocation of a Isghlative se-
suably, of which he shall direct the proceedings, in order to
draw up a new constitutional charter for the stet/ which
his Majesty the King of the Llotted Kingdom o Great
Britain and Ireland shall be requested to ratify.' The fifth
article is as follows In order to ensure without restric-
t ties to the inhabitants of the United States of the loaian
Islands the advantages resulting from the high protection
under which these states are placed, as well as for the
exercise of the rights inherent in the said protection, his
1 Britannic Majesty shall have the right to occupy the
fortresses and places of those states, and to maintain
garrisons in the same.' A like provision places under the
order of the Commander in-Chief of the troops of hie
Britannic Majesty the military force of the said United
States.
" It appears clear from these provisions that the inten-
tion of the high allied powers was to found in the Seven
Islands a free. independent state, which, by the protection
of so powerful a country as Great Britain, might develop
its resources without fear of external aggression or internal
anarchy. It appears, also, from the fifth article that the
' main object of the stipulation placing the fortresses in the
hoods of Great Britain was to insure 'to the inhabitants
of the United States of the lonian blends the advantages
resulting from the high protection under which the stator
are placed.' The constitution established in execution of
the articles of the treaty contained is its fourth article •
provision that ' the established language of the states is
, Greek,' thus showing conclusively that the intention of
Count de Capodietrias to create a Greek nationality was
sti,l kept in view by Groat Britain, as the state en-
trusted with the protectorate.
The British government having received this trust,
have endeavoured faithfully to discharge the duties im-
posed upon them by the Abed powers. In spite of many
obstacles, they have ameliorated in all respects the cordi
Moo of the inhabitants. With regard, however, to tl•
exercise of the constitutional functions of the Lord High
Commismiooer and the legislative body, complete harmony
has seldom prevailed between them. But the great change
which took place in the condition of some of the neighbour.
isg Turkish provinces, when the Greek people of those pro-
winces smarted their independence, altered materially
the political condition of the inhabitants of the Seven
Islands. From that time the sympathies of the locum
people began to turn towards Greece, end when the Greek
kingdom became a recognised state of Europe, the wish to
be politically united with men of their own race took root
among the people of the lonian Islands. This wish has
been often laid hold of as a pretext for factious opposition ;
it has been expressed since 1850 at times when Great Bri-
tain could not listen to it without yielding to projects of
ambition very foreign from the freedom of Greece. But is
is origin and tendency there is something in this lonian
wish of union with Greece which must obtain the respect
of the British nation. A love of independence in loam with
a kindred race has in itself claims to regard from a nation
which prides itself on its love of freedom. It is thus that.
with a view to strengthen the Greek monarchy, to fulfil
the original objects of the foundation of the lonian Islands
as a state, and to comply with the wishes frequently, though
irregularly, expressed in the lonian Islands themselves, her
Majesty's government have dechied their readiness to con-
sent to the union of the laden Islands with Greece.
" Her Majesty's government are not insensible of the
value of Corfu as a maritime and military station, nor are
they unaware of the apprehensions felt in Austria and Tur-
key at the prospect of the abandonment of the lonian
Islands by Great Britain. It has been suggested in Esss.
land that Corfu might be retained while the other Wanda
might be given up. But her Majesty's government con-
mire that it would be a perversion of the trust confided to
them by Europe, and a breach of faith towards the Loden
people, if Greet Bntaio were to tern a portion of a single free
and independent state under her protectorate into a part
of her military remissions, and ter make Corfu an element
of her European power. Her Majesty s government pro-
pose, therefore, now that a King of Greece has been recog-
nised by the protectiog powers, to consult in the meet
formal and authentic manner the wishes of the inhabit-
ants of the lonian Islands as to their future destiny. If those
wishes, deliberately expressed, should be in favour of a
union with Greece, her Majesty's government would pro-
pose that,' with a view to considering the future condi-
tion of the lonian Islands, • eonfereme should be assembled,
to consist of the representatives of the powers who signed
the treaty of November, 1815, and of the protecting powers
who, in 1827 and 1832, signed the treaties by which the
kingdom of Greece was constituted.-1 am, lee..
(Signed) " Rusam..
" P.:A.—Yon are desired to read and give a copy of this
despatch to Count Recbberg. " R."

• Similar dispatches were addramed to Earl Cowley, Sir
A. Buchanan, and Lord Napier.

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Full benefit of reduced duty obtained by pm,
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EVERYBODY KNOWS 11r. MILKS.
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The lee. Things (originated by lima) In au ttie New Patten's.
.BIiTTEK THAN 'VOL"

NOTICE.-POCKET BAROMETER.
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