The Express.
London, England, 1851-10-21 00:00:00

IMPORTANT DEBATE IN THE BRAZILIAN

LEGISLATURE.

(From the No de Janeiro Jorool do Bump ertio of Sept, 6, 1851.)

TILE SENATE.
SITTINO OF SEITEMBER 3.

On the discussion of the question as to placing'
the Imperial flag under the protection of another nation,
Sr. Itonsticirgs Tonnt:s (Minister of Finance) spoke
as follows understand, Mr. President, and the cabinet
likewise understands, that the diplomatic means fur the set-
tlement of the questions to which the honourable member
has alluded, are not exhausted. Indeed, I feel confident
that reason and justice will ultimately triumph over wrong
and iniquity, and that the government of so enlightened
and powerful a nation as England will finally acknowledge
that it is at least inglorious to commit aggressions on, and
to outrage the rights, sovereignty, and independence of
another country, which has been guilty of no offence to
her. But is the adoption of the article now in discussion
indispensable or not Gentlemen, in one of the sittings of
last month, when I was present at the debate on the
budget, in the Chamber of Deputies, one of the members
thought tit to censure the government for not providing
means for protecting the national flag and Brazilian
property against the violence of the British cruisers.
In reply to that censure, I said that the government
had done all on its part to protect the interests of Brazil;
that it had reclaimed, and continues to remonstrate with all
the energy derived from a consciousness of duty against
those outrages, and that it entertained hopes that the British
government would put a stop to these acts of violence ; but
that in the unhappy event of its not so doing, and as a last
resource (should it be found that there remain nu other
means of protecting the property of Brazilian citizens in its
transmission from one province to another of the empire)
the government is firmly resolved to allow the coasting
trite to be placed under the protection of some nation
whose flag could preserve that oroperty from the illegal
seizure and destruction by fire to which it is exposed.
Let it not be understood that the • government

con,idere that the object intended by Article 41 is to
compel the British government to stay the acts of violence
committed by its cruisers ; its aim is to afford more.secu-
rity and protection to the property of Brazilian subjects
exposed to those aggres.ions, when such security is
unobtainable by any other means, and when we find that
the government of Great Britain cannot be brought to
acknowledge and put an end to the unjust proceedings it
has carried on towards Brazil. I conceive, therefore,
that the provisions of the article ought to be approved of by
the Senate, and the amendments in opposition thereto re-
jected.
The discussion was resumed on the 7th of September,
when

Sr. PACLINO, Minister for Foreign Affairs, spoke—
Mr. President, I am about to say a few words on the sub-
ject now in disucussion. The circumstance of my voting
for this article, of my giving my assent to it, is a sufficient
proof that I do not regard it in the light of a threat, neither
do I discover in it any obstacle whatever to negotiations
' tending to extricate our relations with the British govern-
ment from the disagreeable position in which they have
been, and still are, placed. No one is more convinced than
myself, that an amicable solution of these questions is the
only expedient, not to say the only possible course.
The noble senator for Bahia, however, impugns the article
chiefly on two grounds—firstly, he views it as a threat; and
secondly, he thinks it will prevent the two governments
from deciding similar questions by common consent. The
noble senator tried to prove that this article contained a
threat.

Sr. MONTEZCM.% placed it in doubt.
Sr. I'm:win—Well, the noble senator doubt; but if
be is in doubt it is because he thinks the article can present

obstacles—that it contains a threat. As a proof, the' noble
senator referred tinily to au cx implc, which was that of
the protest of 22nd October, Isla, entered against Lord
Aberleen's hill. This protest made by one of our noble
colleagues, Sr. Limpo de Abreu, is proof of the con-
trary. If the noble senator had consulted that protest, he
would find that it concludes by declaring that, notwith-
standing the existence of the bill, the imperial government
was always ready to regulate the measures for putting an
end to the slave trade, in accordance with arrangements and
conventions. Moreover, Mr. President, there is not the
slightest analogy between the hill of ISO and the article in
question. For what was the effect of the hill F. It rendered
the property of Brazilians subject to English law, and
to the judgments of a foreign tribunal ; consequently, it
conta;ned a manifest violation of our rights. liar the

Article 41 now in di-cussion a like tendency ? No ; we do
not attack the rights of third parties. The right of
pursuing the coasting trade exclusively belongs to Brazilian
citizens, and were we to invite the subjects of another
country to participate in that trade, it would not consti-
tute an offence towards those we had not invited. It
is one of our rights, and we can dispose of the same as
best suits us. Let the noble senator suppose, that apart
from the actual circumstances, we thought fit to concede
the right of carrying on the coasting trade to the citi•
tens of the United States, for instance, or to any other nation,
could others consider themselves offended thereby, or could
' they deem it an obstacle to any treaties we might be in-
clined to conclude with them? Can it be understood as a
threat? No one would say to. But the noble senator
asserted, moreover, that this article contains a threat. Gen-
tlemen, to threaten, I think, means to cause fear by the in-
timation of a chastisement, injury, or future danger. This
is the strict signification and extent of the word threat. No-
body will believe that it can be the intention and within the
scope of the article to intimate chastisement, injury, or
future danger for the purpose of terrifying England. The
article would be ridiculous. It inflicts no injury as
she is in no way concerned in our coasting trade. The
noble senator for Minas observes that the article neither ex-
cludes nor indicates any nation in particular. Then, if we
are not creating mischief by this article, if we indict no
chastisement, if we do not violate the rights of third parties,
how can the article be regarded as a threat? Have we not
a right to dispose of what belongs to us? The article has
had an importance given to it which it does not really ponces.
It refers to Article 309 of the customs regulations of the 22nd
June, 1836. I call the attention of the senate to the manner
in which it is framed. "In case a foreign war should
! intercept or endanger the coasting trade, the supreme
government can grant the same to foreign vessels as well
for home as for foreign merchandise; also, incase of a
foreign war, when no other means are left for the
protection oiproperty." Then, article 41 being an amplifi-
cation of this one, and of the ancient rule of right, that
where the same reason is given, the same application is
given, it is evident that the article 44 must have effect when
the coasting trade becomes intercepted, when it would
be endangered, and when property would not be easily
saved by any other means. I think that the opinion
opposed to the article may be interpreted thus : Even
though the coasting trade be intercepted, even though it be
hazarded, even though property could not well be pro-
tected by other means—even then must we suffer all,
even then we must not have recourse to means for protect.
ing the property of our citizens. This is the construction I
put on the opposition to the article. In opposing the
article the noble senator remarked moreover that no na-
tion could be found that would take our coasting trade.
Assuredly, Mr. President, we cannot find a nation inclined
to undertake It, bat we can certainly find subjects of mari-
time powers invited by the advantages that navigation
holds out. The noble senator knows perfectly well that the
transport of almost all our produce is carried on in foreign
vessels on account of the gain afforded by freight. We
may likewise believe that the same desire of gain will in-
duce them to carry on our coasting trade. I will fur-
ther remark that the government has not relaxed,
nor will it relax, in the measures it deems
necessary for the total extinction of the slave trade. I will
even 'ay that the imperial government acknowledges that
it is most expedient to act in conjunction with the British
government in this sup) cession. It is ready to come to an
understanding for that purpose. It requires, nevertheless,
that the independence of our territories be respected, and
that no foreign nation come and exercise a jurisdiction in
the ports and rivers of the empire and on her seas. (Ap-
plause.) The moment the British government admits this
basis we are ready to unite with it in the sup-
pression of the slave trade. I have stated this
many times to her Britannic Majesty's Minister."

CAD REFORM—A correspondent Bays Cab re-
form is at last to be carried out. A public company is
forming for that purpose, on • principle entirely different
from the present system, and completely putting an end to
all extortion and imposition, now •o loudly and justly com-
plained of. The fare will be reduced to 4d. per mile, live-
ries are intended to be supplied by the company, and the
driverwill be under as strict regulations as the Metropolitan
Mice force."