The Express.
London, England, 1863-06-17 00:00:00

PROBADLIL

THE SUSPENSION OF DIPLOMATIC
RELATIONS WITH BRAZIL.

DESPATCH OF EARL RUSSELL.
The following instructions have been addressed
by the Secretary of State for Foreign Affairs to sittings at COURT OF FOCOHEQUEB.
Niai Prim at Westminster.—(Before Mr, Bee,*
her Majesty's Chargi d'Affaires in Brazil respect- Martin and Common Junes.)
mocanan o. FILLILND.—" • DIBCOILDMIT mt."
log the suspension of diplomatic relations with This action was brought to recover 951. 2a. 5d., f t"
Great Britain : church bells. The defendant pleaded never iodebted7
11.31. RUSSILL TO MS. 11120 T. Mr. Serpent O'Brien and Mr. Young were ostuisel foe the
Foreign ofsee, June 6. pIM defundenntiff ; and Mr. Hawkins, Q.C., and Mr. Terser, for the
Sir,—l enclose a correspoodenos which has lately Puna
Mr. Serjeant O'Brien said the action was brought foe the
t.
between the Commander Morena, envoy extraordinary and • price of two bells supplied in July, 1861, to the defendant
minister plenipotentiary from his Majesty the Emperor of for the benefit of the parish of Hythe, in Kest. The case
Brazil, and me." You will perceive that*. de Morenahisfirst came on for trial before Mr. Baron Martin on the 3rd of
broken off his diplomatic relations, not on the ground of February, 1862, but was referred to Mr. a meft'•
ber of the midland circuit. He was, however,
the orders given by her Majesty's government in October unwell to proceed with it, and he subsequently died, and
lest to her Majesty's envoy, and to the admiral commanding the case was then restored to its place in the cause
her Majesty's naval forces on the Brazilian station to have list. The plaintiff, Mr. Stockham, was • church bell rioter
recourse to reprisals if certain demands of her Majesty's of considerable experience, and also one of the "Collate
government were not cum plied with, but on account bread bell ringers of the metropolis, sod the more distio.
Youths," • society of loog standing, embracing all the eels
of the manner in which those orders were executed. viand and ambitious of that claw of artists in the proriorea
But on examination bar Majesty's government could The defendant, Mr. Friend, was church beadle and chief con
not find any ground for blaming either her Ma, stable of Hythe, sod altogether a person of considerable Sc.nut in that town. In 1556 joined the "Colima
jesty's representative in Brazil or her Majesty's admiral in Lau.. who assembled m Lowe.. tad thus
the Brazilian waters for the mode in which the instructions ca
mee acquainted with the plaintiff. &woe time
they had received were executed. The orders for reprisals in 18511 it occurred to the iuhabitanta of Myths
were not given till tall time had been allowed for the Bra- that their peal of bells, which consisted of eight, should te
amen government to weigh seriously the co...viewes of e increased to ten, and the defendant in their behalf asked the
plaintiff to give an estimate for two new bells. On the 'Oh
refusal to comply with the very moderate and reasonable April the plaintiff gave an estimate to make two new beg.,
demands of her Majesty's government ; and when those re- . "sin perfect harmooy th the old peal," for 951. 24. sd,
prisals were executed, care was taken to avoid any collision and the defendant wrote a letter accepting those terms.
and all risk of bloodshed in the performance of • painful Mr. Baron Martin believed there was no dispute shaft
the order or price,
were i sod that the only
tb question was whether
the duty. The sole object of her Majesty's government hatold Peal-
b°e° t° obtain some NeuritY for lives and properties Mr. Hawkins—The question is whether they were in list.
her Majesty's subjects who may have the misfortune to be mooy with the old triple bob major. (Laughter.)
shipwrecked on the °out of Brazil, and to ensure due re. Mr. Serjeant O'Brien said the bells were sent down to
spect to the paeans of her Majesty's naval officers on Bra. I Hythe on Ist July, 1861, and put up. Mr. Friend, who
tilt= territory. If in the course of these proceedings it has I wntsni vary s y
.nxious for the success of the job brought donf
Londonon nine College Youths to ring them. Os Jolig
been found necessary to enforce the capture of Brazilian the bells commenced ringing at 12 o'clock, and never caw
ships in Brazilian waters, such necessity has been the I until six in the evening, when a festival in their boom
motive and limit of the action of her Majesty's diplomatic began under the presidency of the clergyman of the punk
praised the bells, and others, includiat
sod naval authorities'. Bat as the Brazilian government Alter dinner some
the chairman, expressed dissatisfaction with them • ben
has misunderstood the motives of her Majesty's govern. Mr. Friend manfully stood up for them, said they' per.
went, and has broken off relations, you are directed to ask for i formed remarkably well, that they told • lAN tole,
passports for yourself and the gentlemen attached to her ; and that after • time he was vitiated they would do credit
Majesty's mission, and to leave Brazil. You nut place the to Hythe. In fact (said the
Itod tense es s learned serjeant) thas ey pre-
archives in the care of her Majesty's consul, Mr. Westwood. "cud the grudge, harmony, weet the
noise of the dying swan, and if there was say discord
I wish that I could add that in every other respect, except in it arose from the old treble. The plaintiff had sot
the recent matters of dispute, her Majesty's gavel/meat had received a farthing of money from the people of Hythe,
Name to be satisfied with the friendly and courteous con- although the bells were up six months before there was nay
duct of the Brazilian government. It is, however, notorious refusal by the defendant to fulfil the contract, which the
that the government of Brazil has for • long course of time Linlained.tiff contended he had substantially sad honestly per.
habitually disregarded the representation made to it by Mr. George Stookham, the plaintiff, said he wasa hell
her Majesty's diplomatic agents in Brazil ; and as one in- founder, in Old Boswell-mart, and had been engaged fifteen
stance of this among others, it may be mentioned that six years in hanging church hells. He had been one of the
noted addressed to the Brazilian government between
ringers at St. Clements, Strand, sod at Weekender
December 19, 1860, and April 17, 1862, have remained, tf* Abbey, for twenty yeas, and was also
member of the Society of Collem Youths. He went
not unnoticed, at all events without satisfactory answers. down to Myths to hear the bells tried. They rang say
These notes, written under instructions from her Majesty's well, and were in good harmony. They told a very eke
government, asked the Brazilian government for returns as tale. (Laughter.) He could count each bell distinctly, sad
to the number and explanations as to the condition, of that war the best test of their being in harmony. Be did Dot
some thousand's of negroes captured in slave-trading vessels, make the bells himself ; but employed Mr. Myers, of
and decreed many years ago by the mixed commission at Whitechapel, to mat them, and paid him 651. 18s.
Rio to be entitled to freedom, but who, there is good reason [The case was proceeding when our report left.)
to believe, are up to the present time held in bondage, con-
trary to law and in violation of treaty engagements.
I may also refer to Mr. Christie's note to IL d'Abrsotes
of the 12th of February last, in which, in obedience to in-
structions from her Majesty's government, he called the
attention of the Brazilian government to the various com-
munications which he had addressed to the Brazilian go-
vernment, and which remained unanswered, and claimed
for all the Africans who had been liberated by the late
mixed commission court unoonditional freedom. To
this note, it is true, • reply was returned by the
Brazilian government ; but IL d'Abrantes' note of the 28th
of February cannot, under the circumstances, and taking
into account previous delays, be considered satisfactory. In
this note M. d'Abrantes stated that the Brazilian govern-
meat were studying with earnestness and solicitude the ques-
tion as to the free Africans, in order to proceed with such
discretion and prudence as the case required. But the
result is that her Majesty's government are as far as ever
from receiving the information repeatedly asked for, and
which their treaty engagements in favour of the liberated
Africans justify them in demanding. It is, moreover,
not out of place on the present occasion to refer to the posi-
tion of the claims which it was originally proposed should
be referred for settlement to the late mixed commission.
That commission was appointed with • view to withdraw
from diplomatic negotiation the private claims of the sub-
jects of either government as against the other The &deur
cage of such a tribunal was manifest, and the appointment
of a mired commission appeared the best means of relieving
the two governments from prolonged and embarrassing dis-
cussioe. It was, therefore, with great regret that her
Majesty's government found that a confiictiog interpretation
of the terms of the convention by which the commission
was constituted became an insuperable bar to the further
labours of the commission, which subsequently lapsed ac-
cording to the terms of the convention. Her Majesty's
government could not but regret this unexpected
result. But the interpretation which the Brazilian
government attached to the convention was wholly incon-
sistent with the well-known policy of Great Britain, and
was one which could not have been admitted by her
Majesty's government without • practical reversal of deci-
sions alresrly made known by them to the Brazilian govern-
ment. But what comas was adopted by her Majesty's go-
vernment under these circumstances? In Mr. Christie's
note of the 14th April, 1862, the Brazilian government were
informed that her Majesty's government were willing to
conclude • convention for the establishment of a new
commission empowered to discuss all claims except those
which occasioned the difficulties which proved fatal to the
late communion ; and the proposal thus made by her
Majesty's government was in strict conformity with the
line which, both with • view to mutual advan-
tage and to the preservation of friendly relations, they
had hitherto pursued in this matter. Hi r Mejenty's govern-
meat, under these circurustances, are fully justified in *ins-
til-Lining that up to this time they ace still left without a
reply to the proposals conveyed in Mr. Christie's note of
the 14th of April, 1862, and that no mere appear to have
been taken for the just settlement of various British claims,
some of them of long standing and of very considerable
amount. Her Majesty's government, therefore, hops that
the government id Brazil will, in its future intercourse with
Great Britain, through whatever channel that intercourse
may be carried on, act with that courtesy which is u,u,'
between governments ; and also that the Brazilian govern-
ment will without further delay frankly enter into the com-
munication of their views as to the means by which • mettle-
meet of the long-pending claims may best be arrived at.
You will seed a copy of this despatch to the Marquis
d'Abrantes, at the same time that you demand your pass-
ports, ezpressiog the regret of her Majesty's government at
this temporary suapersion of diplom die intercourse.
I am, dcc. (Signed)

COIJRT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
BNALLMAR V. BNALLNAN AND GOLDING.
Mr. Staveley Hill appeared for the petitioner, who wu
formerly s moulder at Itugeley, but who had since been to
Auatralia. He married the respondent in 1840 ; but he livid
very uncomfortably with her on account of her inteing.
ranee. In 1859 he left the country, and the respondent au
charged with having committed adultery with a fellow.
workman of her babied's.
Sir C. Creswell directed the case to stead over for lull.
tional evidence.
LORAL[ e. LORACIL-ANOTIIER RUNAWAY WATCH.

Dr. Spoke for the petitioner.
In 1848 Fanny Hallett, the daughter of a silversmith, was
induced to contract a clandestine marriage with George Lo.
sack, an extra clerk at the War-office ; and she now sought
a divoroe on the ground of his cruelty and
adultery. The respondent communicated to her a
disgraceful malady at the very commencement of his mar-
ried life ; but as she was ignorant of its nature, and as be
made light of it, she remained ill fort a year before she toned
it out. He was a person of violent and intemperate habits,
and he was charged with having in other respects treated
the petitioner with great cruelty.
Decree nisi with costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulhurn.)
RE COLONEL WAIIGFE—LTAVE TO SURRENDER GRANTED.
Mr. Linklater, on behalf of the assignees in this use, said
that his Honour had intimated that he would make au an
conditional order for receiving the bankrupt's sur
-
render, without requiring repayment of 7,0.
which he had taken away with him, cei the
assignees intimating their consent to such a course.
It was a mistake to suppose that the creditors Led
any sympathy with Colonel Waugh ; they bad only refrained
from prosecuting him because they had been great losers.
and were not willing to incur further expense. Two meet.
fop of creditors, at Poole and at London, had come to that
resolution. Since the filing of that petition, the colander
his solicitor had obtained from creditors to the
amount of 12,0001. their consent to his turret-
der, being accepted without the repayment of
Therefore, at the request of such a large number of credi.
ton they consented to an unconditional surrender. It ap-
plated that the creditor who made the t bjection dui not
ink that the 5031. should be restored to the crei i ors gene-
rally, but that it should be returucl to dime'', h lug
been borrowed from him, as part of a larger sem on the
night before the colonel left England. This, of course. wan
a request which could not be sanctioned by the boilrmt
law.
His Honour, after showing, by reference to the ),torsions
of the old and new DCVO. that Colonel Waugh could not now
be successfully prosecuted for his non-surrender under the
old act, observed that he might still be intlictcd. if the
creditors thought fit, for other otfencesagainet the bankrupt
law. He did not wish to prejudge the case, but what-
ever the result, the bankrupt would no, be lean
stringently dealt with after the surrender than be-
fore. He therefore, in compliance with the request
of the assignees, gave permission for the bthkrupt to 91.1 e.
render, but not until 21 days' bad expired from that date,
in order that the opposing creditors might have an oppee
tunity of obtaining the Lord Chancellor's opinion on the
question.
Mr. &mead, for the bankrupt, urged that the order
should be immediate and that protection should be mem
He complained of the attacks made un Colonel Waugh by
the journals, and said that they were a disgrace to the press
of this country.
His Honour refused to grant protection, and made the
order as above stated.
(Before Mr. Commissioner Face.)
IN RE W. N. CHAMBERS.
The bankrupt was a wine-merchant, of Tokenhouse.nri
He recently applied for hia order of discharge. arid WM op-
posed oo the ground of contracting debts without probable
means of payment, and keeping imperfect accounts'.
Hie Honour now gave judgment. The bankrupt
afo re odd
10,0;)1., and gave up about 1,0001. He had been l
the court several months. The court could not wholly a,
quit him of blame ; but looking at all the circumstance'. to
might have his order of discharge.

• M. Moreira, May 5 ; to M. Moreira, May 19 ; M.
Moreire, May 25 ; to M. Moreira, May 28. See "Cores
poodence with the Mioister of Brazil, regarding the satis-
faction demanded by the Braziliau 4overomeat for the late
reprisals," recently laid before parliament.

The Duc de Chartres, accompanied by his bride,
arrived at the Douglas Hotel, Edinburgh, on Saturday
night, from London. On Sunday the duke and duchess
attended St. Mary's Roman catholic chapel, when Bishop
Gillis officiated. They were expected to remain in Edin-
burgh fora day or two.
The Rev. Charles Kingsley will shortly publish
a volume of sermons on the Pentateuch.
On Tuesday mat Mr. John Abel Smith will
move for a. select committee to invire into the past ma-
nagement and present condition of the Patriotic Fund.
Mr. Tite on Tuesday will move a select com-
mittee to inquire into the improvement of the approaches
to the New Palace of Westminster.
The official trial of the Royal Oak, the first of
our converted and fully armoured frigates, commenced on
Monday at the measured mile in Stokes Bay, near Ports-
mouth, under the direction of Captais H. Broadhead,
commanding her Majeety's ship Asia and the steam reserve
at Portsmouth. The speed attained by the Royal Oak
must be considered satisfactory. The ship's " official"
estimated speed was set down as 11j knots, and she has
exceeded that rate by over one knot per hour.
DEATH OP A SON OF THE EARL OF ELGIN.-011
Friday afternoon the Hou. Master Charles Bruce, third son
i of the Earl and Countess of Elgin, died at Methven Castle,
• Perthshire. About three weeks ago the boy was seised
with inflammation of the brain of a rather virulent type.
and, as usual in attacks of that malady, became insensible.
On Thursday consciousness seemed to have returned, and
i hopes were entertained that all might yet go well. These
• hopes were, however, doomed to speedy dieappoiatment.
On the following day, Friday. at half•psst are o'clock,
p.m., he breathed his last. De.ith seemed with. tit
pain or suffericg of any kind. It is a consolation to
know that, though so widely separated from both patents,
Master Charles Bruce was not without the devoted atten-
tion of the kindest friends. Mrs. Smythe, Methven Castle,
cousin to the Earl of Elio, watched over the boy with
almost a mother's solicitude during the eutire course of the
fatal malady —day and night she was by his couch. Of
other friends Lady Elm* Bruce and Major Cumming
Bruce were also most unremitting in their watchful ears.
I Master Charles Bruce was a pupil. in Trinity College, Glen-

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