The Press.
London, England, 1858-11-13 00:00:00

which we have
course which her
iursued. It is true
(ties now existing
attack ; but then

England to fulfil
her treaty obligations, Portugal must show that
she has a good cause—that she is in the right and
her adversary in the wrong—for England cannot
support her in wrong.

We believe it will be found that Portugal, in
the present instance, did not call upon England
for assistance; but, even if she had, the
whole question of the conduct of this country
towards Portugal and France, on the late
demands made by the latter upon the former,
must have turned upon which of the two na-
tions was in the right. As far as the case has
hitherto been disclosed, we confess that it appears
to us that France, according to the law of nations,
was right, and Portugal was wrong. We do not
mean to say that slave-trading can, under any
circumstances, be otherwise than an outrageous
wrong, but it is a crime of which the sovereign
independent State can alone, according to inter-
national law, be the judge. If France, or Por-
tugal, or any other country, chooses to give its
national sanction to this wickedness, however
lunch other States may lament and condemn it,
they cannot take cognizance of it. The national
LATEST EDITION.

the national crime against the inter-
_ another State. One of the first acts
present Government after coming into
admit this law, in dealing with the
States, on this very subject.
Portuguese case stands thus : A French
negroes on board, enters waters
:uguese harbour which, as it is
t not open to foreign ships. On
vessel is an agent of the French
proving beyond all denial that
..go, whatever was its nature, was under
legalized sanction of the French autho-
The Portuguese affirmed that the vessel
board a cargo of slaves. The French
charge, and said that it was a cargo of
labourers. Let it be admitted that the
were right in their affirmation, and
Fr inch were wrong in denying it ; that
(e case in the most favourable way
trtugal. Had, then, Portugal a right to
Jesse' and its cargo, and to confiscate
bee use of its being an illegal traffic ?
not, unless Portugal, which is not
had any express treaty with France
slave-trading vessels to be seized.
was, therefore, in the wrong when she
confiscated the vessel, for the mere
in closed waters could not have justi-
extreme a step as seizure; and, being
was not for England to support her
a violation of the law of nations.
appears to us that there was one course open
which she might have taken, and
hope, she will take should such
case arise. The vessel was in Portuguese
id consequently the negroes on board
for Portugal now, like England, does
recognize any man as a slave within her
territory. Had, therefore, the Portuguese autho-
rities taken measures for liberating the cargo, if
the negroes chose to go, instead of seizing the
vessel, over which they had no jurisdiction, we
believe they would have acted in strict conformity
with international law. In such a course Por-
tugal would have been entitled to British protec-
tion,—and confident do we feel that had she been
entitled to such protection, our present Ministers
would not have denied it.

Out of this unpleasant and at one time some-
what hazardous difficulty between the two
countries there has been educed at least one
result that must give great satisfaction to all
friends of humanity, and especially to us who have
sacrificed so much to put a stop to the slave
traffic. The facts which have been made public
have convinced the Emperor of the FRENCH of the
difficulty of conducting the engagement of negro
labour on principles of true freedom of action, and
of the danger of apparent emigration lapsing
into actual slave trade. With his usual prompti-
tude he has given instructions to Prince NAPOLEON,
the Minister of Algeria and the Colonies, in a
letter, which will be found in another portion of
our impression of to-day, to institute a definite
examination into the circumstances of the recruit-
ment of African labour ; and he has emphatically
declared "that he will not on any terms have a
" slave trade in disguise." This is eminently
satisfactory ; and we trust that the French
Government will take such order with this sus-
picious trafficking in negro labour as to prevent
the recurrence of these hazardous complications
and the neutralization of the efforts which we are
so continuously making for the emancipation and
progress of the coloured races.

URDAY, NOVEMBER 13, 1858 STAMPED ....SIXPENCE.
UNSTAMPED..FIVEPENCE.

There is one other point connected with this
slave-trading question on which we are anxious,
and which we trust will be settled in a satisfactory
way. We refer to the right of search • not the
right of overhauling and ascertaining the nature
of the cargo, and dealing with it—with that, as
we have said, England has nothing to do—but
we mean the right to ascertain whether or no a
suspicious vessel is, or is not, sailing under false
colours. This right, we are convinced, is one
which is possessed by every independent nation,
not to be used vexatiously, but to be used when
it can be shown that there are good and reason-
able grounds for suspecting that a vessel is not
what she pretends to be.
If a vessel be engaged in acts of piracy on the
high seas, and is sailing under any national flag,
then any other vessel has a perfect right to as-
certain whether that flag is lawfully hoisted : if
it be, the remedy for the ill done is not against
the vessel and her crew, but against the State to
which she belongs, which, by giving the vessel a
right to bear the flag, has made itself responsible
for the acts done under it ; but if the flag is un-
lawfully hoisted, then are the commander and
crew answerable for the misdemeanours com-
mitted. It is monstrous to argue that outrages
may be committed, and that the injured party
has not the right to ascertain who can be made
accountable for them; for, consider for a mo-
ment the consequences which must result from a
contrary doctrine. Let us suppose a powerful
vessel belonging to the Riff pirates, in the Eng-
lish channel, hoisting the stripes and stars of
the United States, and robbing and sinking some
British merchantmen. The British authorities
would then have no right to ascertain whether
these pirates were sailing under false colours ;
the only remedy would be to demand indemnifi-
cation at Washington for outrages for which the
United States were no more responsible than
Great Britain.

But again. A British ship sees a vessel sailing
under the American flag, having the appearance
of a slaver. The British ship bears down upon,
examines her papers, and finds them correct
and showing that she is not sailing under false
colours : accordingly she is let go ; no attempt is
made to detain her. But if it be that the British
ship has no right to do this by the law of nations,
but is bound to accept the flag as proof; it follows
that every ship of every nation may hoist any
flag it pleases, without any other ship having a
right to question it. Be it so. Then may the
British ship hoist the stripes and stars, and it
may bear down upon the slaver, imprison the
captain and crew, and give over the vessel to the
slaves, and the United States Government would
have no complaint whatever to address to the
British Government ; for, if any were made, the
answer would of course be, " The outrage was
" committed under your flag ; you will not allow
" us to question any vessel that hoists it as to the
" right to do so. It is your affair, not ours ; your
" doctrine relieves us from all responsibility."
But again. If it be law, it deprives every
nation of all control over vessels. Let
false flag be hoisted, and all
and annihilated. Can there
monstrous doctrine ?
We say, therefore, in
ascertaining the real character
vessel, we arrogate no excl.- '
We do not set ourselves
police. We only claim
which we recognize in ev,

• /7".
...------ •
No. 2.89.—V0L. VI. LONDON, SATUF
flag protects the n
(E) 1121 rtss. ference of another
of the present C
power was to adn
United States, on
The Portuguese
LONDON, SATURDAY, NOVEMBER 13, 1858. vessel, with neg
in a Portuguese
alleged, is not
board the vessel
FOREIGN EVENTS AND FOREIGN Government, pre
POLICY. the cargo, whate
the legalized sa
THE great difference between the present rities. The Port
and the late administrators of our Foreign had on board a
Policy appears to be this—the late were in denied the charge
the habit of arbitrarily adapting' the law of free labourers.
Portuguese were
nations to what would fit their policy ; the pre- that the French
sent deem it their duty to adapt their policy is stating the cas
to the law of nations. When the present for Portugal. I
Government consult their law officers, they do so seize the vessel
with a view to obtain an honest and correct ex-
them, because o
Assuredly not,
position of international law, and, having obtained pretended, had a
such exposition, they conform their measures permitting slave
to it; the late Government first settled the Portugal was, t
course which they would adopt, and then ex- seized and. confi
anchorage in do
pected their law advisers to lay down the prin- fled so extreme
ciples which would justify it. Such evidently wrong, it was n
was the course pursued in the affair at Canton, in what was avi
for nothing short of' strong pressure could ever It appears to
have induced astute lawyers to be responsible for to Portugal whi
,
the untenable doctrines which were then pro- anotherwhich we hop
case an
pounded as the law of nations. waters, and col
Now, we are very confident that, when the were free; for
not . recognize
recent Portuguese and French affair comes to be
territory. had
thoroughly sifted, the remarks which we have rities taken mea
just made will account for the course which her the negroes cho
Majesty's Government have pursued. It is true vessel, over whi
believe.. they wo
we are bound by ancient treaties now existing
with internatiot
to defend Portugal from foreign attack ; but then tugal would hai
before Portugal can call upon England to fulfil tion,—and confi
her treaty obligations, Portugal must show that entitled to such
she has a good cause—that she is in the right and would not have
her adversary in the wrong—for England cannot Out of this
support her in wrong. what hazardou
countries there

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