The Express.
London, England, 1849-04-25 00:00:00

THE EXPRESS, WEDNESDAY EVENING, APRIL 25, 1849.

*mese is of *Enke that the *Wow/ft Owes,
rooms busidnoo end earryhig off VIOTWOM heLd is
We with width Great adrift not et war onset le
mimed by the law Meadow, or by the, prorbdons
readers ; and that h.owever desirable it may be tepid
is trade. a ecod. however eminent, &odd met be ob.
then by lawful seems.
1 opinion also ; and I would, in fact, found my
rinciple aanonnced by the British mid Foreign
Lowy when they put at the head of all their
WM remarkable words : " The extinction ot
'slue trade can be obtained most effectually
*est of means of a morel, religious, and rims-
and no measures shall be adoptedby tbie so-
he prosecution of its objects cheept
re In accordance with those principles.
s the principles ta which I should wish to ad-
, hear.) And lamin a condition to show that
m are taking * reference to Brasil is a direst
w Fine** laid down is the letter of Lord
1842, and that also of the paragraph which I
rel. It is necessary, l'efore I procetd to de-
• illegality c f our procsiediores, shortly to recite
as present postilion of the treat engage-
,between this country and Brazil. In the
Brazil made a eoneention with the govern-
the United Kingdom containing several
first ankle being permanent, and the others,
mid four, being of • temporary cha.
first artiste was • general declaration, and
iet be e mstrued Into a permanent engagement
of Brazil. It was to the effect that from and
tsin tlme-1830—it should be unlawful for
a of Brazil to carry on the slave trade,
the carrying it on, under any pretext
hewer, should be deemed and treated as
at was 'the declaration of the executive govern-
ruil. The second, third, and fourth, were to
AO of fifteen years, if so terminated by notice,
stained various stipulations as to giving mutual
eb, mined clam lesions, and courts of adjudication,
intend in the slave trade, and serious modes of
inder which it was arranged that the trials of cap-
rs should take place. These were articles which
(or a period of fifteen years the code of fev-
er which Enslaadmight capture Brazilian slaves,
id mission of 0 rest Britain herself they have expired
ad by the right of *e contracting parties. There
!smote, only one single article, namely, areas
which it is laid down that it shin sot be lawful
▪ time for lin:dila' to es. ry en the slave trade,
each trade shall he deemed piracy. Such are
of your treaty engsgenseuts with Brasil, and the
I whet constt action ought to be put on the Reticle
an The diplomatic construction that was pat for
years by the English governtionstoo the first sr-
km—that the Brazilian government engsgtd to ia-
itislature of Brasil to pass • law which should
Main subsists* for carrying on the slatesad, and
punish them as pirates, the piracy nested
the slave
lei* law, enacted foe the upptoisies of
kat was the obvious sad only coastrestion which
deratory article souk! bear; but I will take the
reeding to the bones one or two shod paragraphs
hat this was the coolinsetien which was considered
assists of both countries to be applicable to the
Is of the treaty: Bo late even as the 12th Nunn-
, the British minister at Rio addressed the foreign
of Bruit in thew remarkable words :
st ankle of the comentlon of 1A26, the Brazilian games-
led itself to the ensetmeit of a Ma *hereby the African
'wild be declared illegal In Brea, and any 'object of
e implicated in it be deemed to be smite treated es
sire the committee of which my hen. Mend the
ter Gateshead is chairman, the sable laid the Seers-
Pereira Affaiee said
ay toys that the babe eenseraed ta the sten trade ty.mer
enh'ire,s shall be deemed sod trusted as &err.
conthoseit cieght to Mee post aow recardmee
ingarmeat.
lordship's meaning wee clearly that such woe
NI elect of the engagement. Bet in the year
riding that the Bresillans were unwilling to continue
nutted rights of search which they** previously
I, and the courts of mixed conusissien, Lord Aber-
it a vitally new construction on the Stat article of the
He said that we did not want any of those stipule-
bout the right of search which lon the previous
Tears had bees thought absolutely necessary. "We
said his lordship, " want say mined coma-
I courts ; we have got all the power we desire seder
et article. You (the Brazilians) have agreed that
:hiene are to be treated as pirates, and since you have
to that doctrlies the Queen tftead has derived a
to capture the subjects of la on the high mess
cringed in the slave trade, to deal with them
atm, to confiscate their ships and goods, in short
oder them in any way subject to the criminal
irjoa of this country." That was Lord Aberdeen's
lotion, end an att of parliameat was pealed to terry it
Ity the way It has never been explained why an act
Alarmist was necessary. (Hear, hear.) If piracy is a
the law of nation*, a point which no'ody num
then you have a right to punish the offenders;
*tin law sad the law of nations being amply seri-
al, the popes. The gustiest is, did the declaration
e first ietisie make the slave trade piracy ? (Hear,
It is um walicitnt to ray that a man is • ydrate to
las • pirate, and an offence is not piracy when merely
karnsi4gad by an executive government—but when it
lie *0 by gie universal mamas of mankind. Robbery
le high NY Is made piney by a universal law, and the
mile et every country may pas** the pirate when
sea find him. This is the law of napless, bet
awn dsclerwi in of the minister a Bean% who
kY
_plus because he could net arty a law
feetbie ohjee—a mere declaration does set make a man
V. It is only when he is made a pirate by the
podium that you have • right to try him whoa yes Ind
• Who ever heard that a declaration of this dlemerigtima
ldmake aelmisel law although, perhaps, I amWNW'
Ilia WOW 91) mushin the protases of a lemma grade-
who was Attorni y-Gemiwal when the brill buns laws
labs is the waste el high legal authorities me shit isle
be hems ? I may be peeeniaptuous In egg an
des, and should net have dose so if I were est birdied
fin billtesi legal entlaciritim ha *el:rafted Kingdom, Now,
lie set that hem puma ins this. I mart limbed rails--

sass lin its whole .. ...... was Lord Aberdeen's e .n-
Indies oldie fit saki in the treaty. He says, " the
int till& makes them pirates, and you nay newel?*with
lielln Open Eke." Well, this is ea act whisk you passed
=ls miler beyond all daft. You passed an ail
billion en the courts of Admiralty, and is.
Irtin to enohnots the ships of Bamako subjeeth
a gni id Demillen deli are to be tried by all the ruin
smi regelatimm esaleini in say act of parliament, sew
aloe, [hr the espoesmien of the slaw trade in British
mai yes lento several acts, of whisk
lit Dr= know nothing, bat which yen rag
they are to Is presied by. (Hear hear.) The Con
Justin of the Onison Pins, whom this set was emir di
..miss, slamtilithe progis4 fad dein& widest the
eivestios jostilled Irish Within. He expressed his
dashes la this beim and gam pule native that he wend
take • fatessty a calla, the Midis of the
insets the z efi
Ails has autkerised my hi Meath*
mesthee Ur to may what he would have stated had
he buskers %swill, neatly,. that if he (the Chief Justice)
had essesied a mither of tka house, he would have felt it
hasiabeat apes him to brig the question trader the oonsi-
dentin of Vino= to propose a repeal of the act.
(nest ale still retains the opinion he hell
in 1116, sad has mei a essentunteation to my hon. friend.
Is it peolimieillist the gliroment of this country has greater
power ows the ilia% of the Brazils than over the subjects
lof the Qin of Entsoil ? Because that is the ridden
taken; end that is the pekeelple involved in the arguments of
those who eeppirt the noble lord's view. It is monstveue
, in my mid, without say sellesice to the authoritke en th:
salijen-11 is contrary to the principles of common
that, lame lamenack as the noble lord, without an act of pulls
aunt, wild not be able to enforce the stipulations of such a
treaty ipso any Englishman, that he sheuld be enabled to
edam it tapes • Brazilian. (Cheer.) I canzot help coo-
&lineally fortifying myself by a protest Aped by kis Grass
the Doke of Wellington and by Lord Lyndhurst, in refer-
owe to the same peiceiple which is involved is th s qv es-
dem—ln mad to another act of parliiment, namely, the
ie it." And the ground on which that noble
daitera=then Lord Chancellor ',rousted against that law
dales
same as that I am now taking spinet this
Now, sir, let us consider what it
is we are about. We an claiming the right to
capture &ninon nisi en the high seas cringed ift a
traffic which, execrable as it may be, and undoubtedly
is, was carried on by Englishmen which wee once a
legalised trade—and which not until alter • struggle of
some 30 years the British puliament wu induced to abolish.
giezlinter) We are carryin Brasiian to before
tribmals—Mceign to them
—we are trying them is
a isogon* they are unacquainted with—we are subjecting
nom to Moe of law and reguhlicni of which they can have
so knowledge—we are trying them bane jurisdietions
where • Brazilian council an have no locus stanch, and cannot
be heard. (Hoar, hear.) We are doing all these things—
and this to • nation whkli hos aot strived—though I believe
• large antimisve trade party mists in that country, but—!
where the majority of the people have not yet arrived
at an opinion of the slave trade such as we now hold, but
which a few years ago war a matter of controversy and
difference 'wogs ourselves. Is this, let me ask you, good
policy ? Is this tare way to effect tr.at object you prefess to
have la view—the abolition of the slaw trade? Is it not
rather the way to enlist on the side of the slave trade Callan
of national independence? (Rear, hear.) Is it the way to
WWII that joint co-operation of toe Breslin people which
we know to be absolately neenzary for the abolition of this
trade, to take • coarse which is protested against by the
Brazils as contrary to their Secs as an independent mediae
and which* denounced by year own high legal anthcatas
as issonsisteat with the peineipica of international law--k
this • sown, 1 say, likely: to effect the otject you
have la view? Is it sat. more likely:to produce irri.
talon, ill-holing, and lasting aliens: ion on the pin
of the Brazils, and so to defeat, rather than scam
plish, the purees you seek ? Now, what are the Sum
of the case ? limn the act cams into erred in—since you
have been taking on 7osasd^e to deal with Brazilian sub-
juts out of your jarbdietiaa, according to your notions of
right sad wrong, and wording to your ideas of criminal
law—the slave trade between Africa and the Brazils has be.
sons ip new than ever it wee before. Why, 120,000 ni gross
nen kornesa from the coast of Africa into the Breaks with-
in the his two years, aceordleg to the statement in the last
own of the British and Foram Anti•Slayeey Society ; and
amonliag to the eddies, of ray noble friend hien If, before
a sesseduee, no less than 60,000 negroes were imported into
the Brazils during the last year alone. The effect, then, his
ham to add to, not to put down, the slave trade.
Her with regard to the engagements entered into by
theDrazils, I conceive is this it may be a ground of dis-
pels between this country and theßrazils; but, nevertheless,
I tisk we are bound and into consideration all the ch.
came of the use,
the great uiftleulty which the els-
cativo of the Bras& his to contend with in inducing the
public once to consent to such an enactment ae would carry
out the engagement into which they have entered. Wee
the alave trade abolished in England by the armed bra-
ferenee of foreign nations i Was it put down by unix re
sent by France, Austria, or Russia, or by any foreign nations
setting up their own code of morals for our observance, and
tellieg us what coarse we should follow and what we should
avoid ? No. But it was abolished by tte slow and gradual
formation of public opinion ; by public opinion influenced
by that moral and religious sentiment which, I trait. will
always influence the public mind of this country. These I
are the influences which brought about that great and 1
glorious consummation here. But I am persuaded that if,
while this public opinion was forming, you had
had hovering a .cue. your coats the armed cruisers of some
foreign_ enatry, seising your ships and your subjects,-1f
you had had & °outset diplomatic, reerrupondenos goiog es,
sod sources of alissation sack as are now operating with the
Brazilians, we should, I aes esavineed, have been at that time
no more able to abolish the traffic than the Brazilians are now.
It is with then views that 1 teraestly call on parliament
to recoosider their decision. I arraign the set—tint. be-
cause it is founded on an erroneous conetruction of the
treaty. I arraign the act, because it is a violaion of
intonational law ; and I erotism it because it has been the
subject of protest on the part of a primmest win
co *pastime you desire to carry out your object in the abo-
Edon of the slave trade. I arraign it because it might
form a precedent for the adoption of principles that might I.
used en other occasions and ender other sirl
munstancee against this country, and bring great
difficulties upon us ; and because, moreover, if by •
strange interpretation of international law, we coma
find an excuse for it, I believe it to be so unsound in pis-
licy—so little calculated to effect any great obi:et—that I
shield neverthelem oppose it. I would ask the votes of them
hon. meinbers who really may not agree with me, either sel
the keel point of view, or on the question of policy. I say
dist whoa the Act was passed by parliament in 1846, a die-
". "igaticint
wssl alf= givesi byterthpciessnoblaure tlaiatnrettiorPvostha:
the lisped of this Act, that he poled it with pain and re-
illionisrai that if the Brazilian government showed
• to agree to any friendly co-operation for
lin don of the slave trade, he would be the first to
some down to parliament to repeal the statute in question.
And Hose these promises were made the Brazilian
have submitted the project of • treaty
CPi thsardiewntry during the time Lard Aberdeen was in
lank which, I believe I am right is saying, that noble lord
weal have considered a go id arrangement, and capable of
morying Oat the object which kis government had in view. He
mod, na I em informed (but I speak under correction, though
I Wahl ant stair g pretty accurately what passed), that if
ash • pospect as war then submitted by the Brazilian
enkiklase was ratified, and became a complete instrument, he
shanibe willing to propose the repeal of this act. The nego-
tisdn, I may say, had terminated, or was so far terminated
that the project which had been submitted war satisfactory
to both sides, and had only to go to the Brazils for ratifies-
.....Ltion • and if ratified, our act would have been repealed. I
of coarse, under correction. I speak, never-
Vries', cautiously, and on information on which I think I
can rely. Bat when my noble friend came into office, in 1848
—(cheers)—be did not,—and I say so with all deference and
respect,—he did not approve, as I suppose, of the proße
ject
which had been submitted to Lord Aberdeen.
wrote • despatch, in which he immediately pet an
end to the whole of the past negotiations. The noble
Jed di I not send a treaty for negotiation, but a treaty
1 for sigiture. "It will be my business," said the
ibis kid, "to send the draft, yours to sign it, contain
what it may, however much it may interfere with the in-
terests or the lawful comment of the Brazils, however muck
it may alien the rights of Britain subjects. These are
matters I will net entertain your eWsetions to. I will drew
up a Inn* "Idols you shall net be at liberty to quoin.
Your basions is to sir. Do so, midi will repeal the Act of
which you eighths ; bat on so Wit terms." This pat*Ade an
end to the aseetiation. Tea so l% elliewsrds—(say
friend, it will be sees, gave ample lime to the Brasilia
authorities he mug this camiudeation ('' hoer," sad
lambi) —kis diestsh was dated imignet,lB46thi la Joao,
1847)—ten months al ower& out IMO the treaty my noble
friend proposed. Is Joe, 1847, the draft of this treaty
was forwarded, sad lid Rowde• received instrustions at
the same tints. y- Hi hid in these instruction not to alter
1 a letter of the treaty—Hi he was Os go to the Brazilian go-
vernment with it end oil spa them to sign it. I will
read to the house the istrootioes which Lord Hardest
received
Hoc Malloy' poorninnt see &skims of renionig en seeress
of daemon between the as esearleta al same% lase Meassers.
goverment are thity rake ilk the eisthemm el the eparation
of the law of lea.
The Importation of the dates burg at that time greater
than ever :
segAndue feat awe sealer et ablates just and impartial diddoda
slave writ, Onde al Admiralty than by galled eammir•
does sorb es eagle oar On esereetica.
And 1 holism's* yise-Aibairalty Courts are the ono
went of all tin legli liiimnalm A mein was mei the
other day in reisties him, sad ft wee net ism Maid
that they MOM the wad newts we hove :
Tea they would soma to monainli whist tempi lithe
M nein. it the iilla d MA Ini waft seethase awl
of am ate- lea Ile selsesaa et slays Imam. I essea-
mr,.. Ireton=ls el redis ass teals amity es bet Xs-
itessli le kraal be Ile seism ; sad 1
Wee lame yesra It l l= evieraweees, sed
le dale ea ea the sallesies Ibis( i the imee
!f.... ter moseument wad emessawn to
the repeal of the law a lea Ibis heft of treaty
reelltt the sae se the treaty 'MOM IN Chi Mei nth Per-
tnpl in 1642, with servo kw silts in la fall to ohot it to
to mod Bradt; saes it idalllas ae regehims el midis
= a soy wheemseseee wilt me set milessed to her lb.
is Ile tharigsts amid to Ili Mind maim
oil
wide
ym iam's-ilea nit lt lib this Oa oseinmem
sire min le mar again= Iheeim —lbelsogriouss=
to bil la inn mei h. this the
midi same liselftilly eni essw/ifg jeolliel la Issomed OD
piing the as Snit int emieses hied as ea the
midst Or +be ...1".....emie1t patio dna in
=tesillholehave mann
=liies govenims if IllidW aimss loseWeee
he that sit; hit het sighs geseremset emil Ogees
MMhat Zhess Illeitespiesmeet sit Mw_ 10 Mama
lithe it site Would pranakto riot tioNeed

whim t seml yea • et-aft, la teethe eat at lets ; hula teat
seem shoves', mann darted as it in panned to bs by the
duet; ml upon se other emiMisaubstenr ass Mr ltaiesty's go.
Ineement reeemmedCle melemmt to mpg the em d ilies.
Now I mare Iota& that these fesleughsmd-
int no mead far negedatin wr hr genideretine of say
dithers, of conies that might be estietansi—were in
no way calculated to be lames el in °nailing a WOO bra
the Brazils. Ou the erstrary. I am clearly of seinen*,
were seleagstel prersest it. (Hear, bear.) Ido net Mk*
the dingier die treaty whisk wee mat est wee of sash a
demeseer se on Milegweideat country could well offish to.
Whateener the executive of the Brazils might desire, they
weld be head fault with by the Brazilian people if they
were to consent to make them liable to many of the
stipulations which that draft contained. (Hear, hear.)
I think I know enough of what has transpiredi
to jest* me in saying that Sir C. Balkans, who com-
manded the African squedron, states that the plan
adopted by se for be suppression ef the slave trade
has failed in its object. The trade between the two
countnes is important and growing, and there is so
uto which England an have a stronger or deeper interest,
in maintaining such relations. (Hear, bear.) I think I
have now stated nflleient reasons to induce the house to
give fall and felt coneideration to the proposition I have
le submit, whin is that I have leave to bring in a boil le
L Mea '
l so much of the act 8 h 9 Vie. e.l22—bat per-
'bps I had bettor adhere to the words of my notice of
I motion to repeal the whole of the act—for lam williog to
copal
t the whole of the act, exalt some minor details which
be useful in any future enactment twat may be pawed.
Mr. URQUHART could not reconcile the Foreign Se-
entery's conduct with regard to the Brazils with Lk
be satiety for the ex. ension of commerce;_ and so far
heaths course taken putting an end to the slave trade, it
was dearly shown that it tended to increase it.
girl. THESIGER trusted that the hous• would gin no
encouragement to the motion, being satisfied that if it
adopted the course recommended it would not only destroy
all the means of 'ivies efficacy to the most important of the
stipulations with Bend in 1826, but would also exhibit a
weekness and vocitletion on the part of the legislature which
would not tend to enhance its character in the estimation o'
*snip nations. Mr. Oileon had tr.isoneentood the aim
and effect of the set of 1845, and Sir Frederick gave an ex-
ploitation of the real state of the question connected with the,
treaty tf 182 G and the pining of the act of ISO. The anal
of %honesty binding Brazil to abolish the slave trade after
the 13:1 March, 1830, he contended, placed us in a podded%
substitute by legislation other Wham& to enforce the treaty
for the Mixed Comosiiiion Courts ; and it we repealed the
ace, the most important stipulation of the treaty of 1826
"meld become a dead letter.
Mr. BRIGHT said—l think the house and the country
will feel under an obligation to my right hon. colleague for
twinging this question under the notice of the house. I
think the more it is (Unease& the more it will he seen that
the arguments on which this bill is supported are of a flimsy
and untenable character and the mere it will be seen that
there are great interests In this country dependent upon the
course we may take respecting our relations with Brazil, at
this or some early petted. There are two questions dependent
upon the canna we adopt to-night. One refers exclusively
to the intent' which this ((lenity takes in the suppression
of the slave trade ands:every ; the other, and a most important
question, refers to our commercial relations with one of oar
best foreign customers (Hear, hear.) The question ap-
pears to me an exceedingly simple one, end I think the au-
thorities quoted by my right hen. colleague are such as to
est it at rest in the mind of every member in this house not
cosesrued in the carrying of the bill of 1845, or who from his
official position may not cenceive it his duty to defend that
bill now. The question is, whether we have the power to
mums an authority over Brazilian subjects which the Bra-
zilian government itself does not assume, and does not and
menet exercee. There is a certain article of a certain treaty
by which the Brazilian government is bound to perform •
"pertain act in which we are interested, but oith•r from in-
ability or unwillingness they have failed to perform their
pert of the engagement. Then cones the question, Is the
Brazilian government unable or unwilling to do that which
they have contracted to do ? We have the evidesee et •
gentleman of high authority on questions of this sings
takes before the committee over which the hon. member
for Gateshead is presiding, Bandinell, from whisk 1
think we may fairly conclude that the hmillon
government have not intentionally failed in the pealenalialW
of that article of the treaty, nor wished to essepe aim
their honest engagement. But if the executive government
finds itself unable, by reason of a strong public feeling
against them in Brazil, to fulfil the engagement, that doss
not justify us in passing • law which the right hon. banns'
then at the head hadoth•
it governed to the United States, to
ment would have been he
lest man to propose referr
France, or to any country which ranks equal in power
with this country amongst the nations ot the world.
(Cheers.) I have said we aginened a power by this act
which the Brazilian government clearly cannot now ex-
miss. I suppose the hon. and learned gentleman will not
are that at this moment any court of law in Brazil
could punish any Brazilian subject in the way our courts of
law can. What more incredible than that our courts should
have an influence over the subjects of a nation 4,000 miles
away, which influence is not, and cannot, be exercised by
that nation halt ? A learned writer upon the subject of
international law, Wheaton, says, " Piracy, under the law
of nations may be tiled and punished in the courts
of
justice of any nation, by whomsoever and 'wheresoever
committed ; but piracy created by municipal statute
can only be tried by that sate within whose
territorial jurisdiction and on board of whose
vessels the offence thus created was eommitttd."
It quite clear, then, from this opinion, that, at any rata,
it cannot be assumed for a moment that because this is called
piracy in the first article of that treaty, therefore this nun-
try is empowered to treat it as the ordinary crime of Piracy
is treated amongst the various nations of the world. But, at
this moment, the question is under discussion in the Brazi-
lian 1. gielatute. I find in the Daily News of this morning
a report of a di/coin:on on a project is the Brosilian Cham-
ber of Deputies, and the minister of foreign affairs declares
that piracy, by the law of nations, was strictly defined' end
alave.trading was not included herein; that municipal
hw
as make no change in it, and that England, after the pa&
in of this act, would have no power which she lead not
before. And the whole d'ocussion demonstrates the greet'
difficulty we bare got ourselves into by this interference,
by this most improper and unsound measure thahave takes
t we have
carried. Bat what are the proceeding which
place since this measure of 1815 was passed ? By the act,
there ought captured been • return laid before parliament
of the ships . I have never seen such a return,
unless it is mixed up with the ordinary slave papen.
But I find that not lees than 130 Brasilian vessels have
been seized and condemned sines the passing of this act ;
and that of 84 so condemned, only eight had any sieves on
board ; the others were said to be equipped for the slave
trade, an allegation easily proved before a court where the
Brasilians had no counsel, and no locus standi; and,
further, when we offer twenties and tamp money. to induce
hese captures, I know not to what length our invasion of
the
rights of Bnzil may be carried under this act.
Another point is the commercial part of the gees-
ition • and if the noble lord at the head of the foreign
department will give me his attention for a moment, I may
Igive him some reasons why the people in my part of the
country are anxious that the dispute should be settled. I
have it on geed authoeity that not less than four or Ave
millions of British capital is invested in Brazil, in various
commercial undertakings. The atineal amount of our
exports to that country is not very muck lees than three
millions sterling. One of the results of our meddling with
this slave question is that our commercial treaties have
fallen into disorder as well as the slave treatise. In 1844
ear commercial treaty with Brazil expired ; the Brazilian
paverament refused to renew it, except upon terms which
*aright bon. baronet opposite (Sir R. Peel) at that time was
net willing to conoodo,—unless we would deal with** duties
ea sugar with some kind of fairness,such as they
beg shown to us with regard to our exports of manufactures.
nay were not willing to enter into a one-sided treaty with
us like the former one ; and, since that time, we have had no
ennunercial treaty whatever with them. Duties then about
15 per cent. have, by various contrivances and :mall changes
one after another, been raised to 25 or 30 per cent.,
and now we an menaced with very high and reta-
liatory duties at the beginning of 1950. Moreover,
there is • very awkward cirounstaacei as to persons
dying intestate in the Brazils, even though they have part-
ners in this country; their property it obliged to go through,
or rather to g? into, a Brazilian court, and very little of it
comes out again; it is nearly all wasted. (Hear, hear.) And
though there may be partners of the deemed persons living
in this country, they have no means of recovering
that property from the Basilian tribunals. What, then,
Is the good of all the proceediap we have taken?
Have you diminished the slave trade in the least ?
Tear own evidence shows it has hummed. I deny
allegether the statement sent round to bonourable
Wilalers this morning by the antislavery committee—a
neamittee of very energetic and busy men, but not the
most judicious. I deny that there is proof of an increase
sit the slave-trade consequent on the abolition of the sugar
y in 1816. (Hear, hear.) I say what have we
by proceedings which have cost this country so
met at valuable life on the mast of Africa, and ni mach
lemenn es we have annually mint ? We find there has
am no di
is of the slave-trade • nut
only no diusi-
satin ed its horror", but an extraordinary increase of
enmity wherever cruelty was before inflicted • and we find
▪ the alms time, that the great market fori our mane
hr the trade which I may be said her to re-
some extent—tending not less than • million and
• half to the Bruits, and the whole industry of
the country about three millions sterling per an-
num,—we find, I say, oar commercial relations with this
gnat customer of ours very much entangled and perplexed
by an attempt to do that which is absolutely impossible, to
'dragoon a free and independent nation into pursuing
muse which we ourselves never should have pursued bad
any other nation attempted to compel us to it. It required
many years of agitate's, and the exercise of the stroogest
metal see religious sentiments of the people of this country,
le nine the legislature to assent to this with regard to oar
ewe dominions. (Hear, bear.) Seeing the difficulty which
there was in prevailing on pulls:neat to abolish the slave
trade and slain ry in our own winter, nothing could be more
offensive or more presumptuous than for us to insist on the
Brazilians taking a similar course before they had had the
opportunity of tusking up their minds on the ques-
tion. On thispoint Sir C. Bothers, in a despatch dated sth
December, 1848, says:—" In the year 1848 I had a con-
versation with Senor Cavakante, then minister of marine,
and one of the ablest men in that country (Brazil).
He expressed these opinions. H said, You cannot
expect us to assist England, or tee consent to stop the
slave trade whilst you ars seizing Brazilian vessels, insulting
our flag, and illegally condemning them.' " (Hear, hear.)
Let us make this our own ease. If we were the legislative
assembly of the empire of Bruit, and a noble lord at tie
heed of the government of another country should mend over
his envoys, and be constantly meddling with this question ;

and ir, when • mesons ,wee bine this Mee Ise petting
as sad to the slave trade, sienna "Ur. 11 adios." who It
nen in Brolliliend who, I Wan. mann the eiearsghths& hart.
°prone (Sir X. Peel) 14 Italy own Mews y agn--(hear,
kear)--should Insist that our legielatima should take this or
that shape to deem*. penmen he represented, I ma
nits write that, whatever *Olt be the feeling of the
house with mare te slavery, hs imilerttaspint would
rise at the attempt* Waders with wee dice ; and the
very last thing we should de woe* be to any Mika-
dos of our emestry at the Miglatin et •
!Isar,
aieasbeer) The amble lend at the beeigifit
has • Imemelent mend ea this
subject ; I believe be hes the nein ei dens • recut did of
good ea the toad et Africa sad Emil; bet I ma Mum
there is a very abuse enakm in this Mese and in the
try on this question. Tay liser eat et dears are in fanor Oldie
course we are muming. The eadennego sonsiMMe sad
the anti-slavery eselwer, Minnie nememens es brow* few
they may be, have OM sad ever again reseenstrated s
the policy we Sr. nreising with repri to the *nhad ear
pennon of the slave trade is the meet et Mimi or Brazil.
And, whether we ermiter the quadha with regard to the
antidavery Menet, we fan eenunerdel interest, it is evident
we are eserigdM tne Wante of the ecountry, and
=IP . swot nwenddeti. pcsition, In malatelaleg the get
Iglfi,Pon bemuse we were powerfd, against
a awns MO* lam powerful. and which we should never
have attemilleil to pass had Frans, Russia, or the United
Statesboro in Ms place of the empire of Brasil. (Cheera.)
theltawd.' AESTET
e gter iniegoalppoil'alionof tothtehrltersorsr,
F. Thesign, aid eontendn that Lord Palmerston was the
mum of ell the difficulty, by upsetting all Lord Aberdeen
had done towards a satisfactory adjustment of the garden.
Sir E. N. BUXTON regretted that the subject had been
brought forward, and pointed to the feet that Manchester
was the town represented by the hon. ,member by the trade
of which that In slaves was mainly fed.
Mr. RUSE wished the house to consider whether the
maintenance of the African anadron promoted the object in
view, slid whether it did say good. If the answer was in
the negative, then let mamba's Twelket that the amount of
the window-tax was paid to *bid* that useless squadron.
Mr J. O'CONNELL opposed the motion, observing that
there was a third party, wide. Wenn had been almost lost
sight of in this debste—namely, the unfortunate awns.
Si. R. PEEL could have desired that the present
tuition should should be postponed to another opportunity when
the whole question would be brought under the °endear-
ation of the house. That opportunity would offer itself
when the report of the oosamittee new sitting was pre-
sentee to parliament. He did sot think that the argumest
of the hon. member for Montrose was valid when he said
that beaus the slaves suffered cm the passage, owing to
the ends avows made by the slavers to avoid the cruisers,
The
that the Linked* was to be abandoned.
The hill of 1845 passed the Lords unanimously, and the
House of Commons, which was new invited by • single vote
to repeal that act, also passed it without any difficulty.
Certain letters had been referred to from the Lord Chief
Justice of the Common Pine, stating that certain acts of the
legislature were erroneous. But the chief justice referred to
was a member of the House of Commons: at the time that
bull passed. He certainly offered objectless to the third
amiss, dtooted out difficulties in the way of its *ma
tins ; but objection were over-ruled. If the house
were to be governed, by authorities, he entreated them to
consider that they themselves assented to this bill anent
monsly in 1845, and that the House of Lords also, without
the slightest objection, assented to it. If they consitlaed
that that bill were a violation of International law, let them
repeal it if they would ; but let them never attempt hereafter
to convince the people of England that their deciaton was an
authority. (Hear, hear.) The right hon. member for
Manchester mid, and as be (Sir R. Peel) thought truly, that
no one nanny mould undertake to carry into execution the
municipal law of another country; bat then there was one
case which the right ken. gentleman had omitted, and that
was the present case, where two countries agreed by con-
Tuition to make a certain act piney ; for then, by virtue of
that convention, both countries were bound to carry that
act into effect. (Hear, hear.) It was not the case of on
country undertaking to execute the municipal law another,
or undertaking to substitute the courts of ens municipal
kuriediation for those of another. But the ease was this.
inter-
Two countries perfectly competent to enter isto
national obligations resolved to make &certain act an offences
which they called piracy, and *neat those countries acted in
manifest violation of that convention. Was there then, he
would ask anything contrary to the principle of equity, in
the other country underiakiag to punish that as an offence ?
This c intry by doing so wee eureising no jurisdiction over
the subjects of another ; but was oily acting up to the terms
of. the conviction. In the present case what right had the
subjects of Brazil to insist on our forbearance ? Never was
there amen *grant violation of all promises and professions
than had been committed by Brazil. It might be said that
the Brazilians had not the power to carry out their profes-
sions. Then that was an additional reason why this country
should step in to see the terms of the contract toted
up to. (Hear, hear.) terms
of
was an mount,
to
from the very highest authority, of what
Brazil had done. Lord Aberdeen said, that with
rare and short exceptions, the treaty entered into
by Brazil had been by teem systematically violated up to the
present time. " Cargoes of slaves," Lord Aberdeen entt
on to say. " have been landed in open daythe st e
the capital, and bought and sold like eattle, without say ob-
stacle whatever being imposed upon the traffic. Our °Seen,
sating under the d:rection of government, and influenced
by the ordinary dictates of humanity, have interfered to pro-
tect those slaves. Our officers have been waylaid, maltreated,
and even assassinated, while in the execution of their du
and justice in each saws, if not actually denied, has deter
been fairly granted. No doubt much has happened during
the lest 10 or 12 year, which Blight have called for, and
would almost have justified national resentment; but the
government had no wish save is provide for the effectual
enestion of the treaty, as stipulated for by the Ist article."
That wee the reason which led to the passing of that bill of
1845 ; and lie warned the house that if they now repealed
that act, they would never get any convention with Bras 1,
and need never hope to effect thrr object by any negotia-
tions whatever. Let them repeal that bill, and he believed
that they would substantially proclaim to and
he
that all
their efforts to prevent the slave trade, and to mitigate i
t,
horrors, were at an end—(sheen)—end having done that,
his advice to them would be to determine how they could
best encourage it. Let them sanction the present bill,
Ind
-nd
vent the bonen of the middle passage, permit Cuba a I
Brazil to carry on the slave trade to their heart's content
without opposition on our part, and proclaim abroad that we
were determined ao longer to interpose to rescue the African
race from the miseries which surrounded them. (Cheers.)
Mr. W. P. WOOD did not apprehend that any person in
that house could believe that Ragland would ova retrace
the steps which she had taken In the great cause of huma-
nity ; and sure he was that if he thought such could be the
he
possible consequence of supporting the present resolutio n
should say *Wang in its favour. He believed that the ques-
tion when rightly considered was one of the driest and
shortest that could well be conceived; but though so dry
and so short, it was pregnant with great and important con-
sequences as regarded the national faith, honour, and inte-
grity. It appeared to him that if they looked to the act
8& 9 Vic. they should find very great &Moulin, be-
cause it did not in any shape carry out the treaty, con-
One it as they would. (Hear, hear.) The treaty did
not rest with declaring that the offence to which i
ta
t
referred should be piracy; hat if appointed a
tribunal, composed of a mixed commission of the two nation',
Parliament,al of the offence. The Ch section of the Act of
however, provided that the Courts of Admiralty
should proceed to adjudicate ta these caws according to all
the provisions in the act for the suppression of slavery, and
not according to the act relative to puny. (Hear, hear.)
Well, there was • special tribunal appointed for the trial of
that offenoe_, perhaps improperly, perhaps uncannily, ap-
pointed. That he would not now argue ; but who ever yet
heard of the legislature of any country taking upon them-
selves to say that they would enforce the performance of •
treaty by handing over the subject matter of that treaty to be
dealt with by our tribunals, by an set of our own
some long period before the treaty wm
t of? (Hear, hear.) The right hon. baronet
said the bill sought to be repealed was passed wittiest
• division in that house and without discussion in the
house of lords. Suggestions, however, were made in the
House of Commons with regard to it, nd it wen under
Protest ; bat now they were to be told that they wen
seine to repeal by a eagle vote all that which had ben
done—that dis were going to stake/ then
seellivebens, gidY to y endes
proclaim to the world that their
wee of no authority or vase whatever. In the first peen,
however, under any dreatestancee, they were not going
to do at that by a single vote : for the present pro-
pmltioa was for leave to bring in • bill, upon whin,
if introduced, there must be plenty of opponenttln
for dienedea. Another point to which he wished
to direst the attention of the house was this.
In cedidegy ;mess of sots of pediment posed by the
leislature Moons degree of haste, there was some opports-
nityt efleseed tar the parties intended to paned petitions
the hawse iftibildg their don. Ent ia this use they
pond ea emisifastrat wairemisi • weedderable foreign
pewee', whisk bad se legitimate mene diaterpceing intheir
disonshas or
et them le hoer segusents in opposi-
tion to the progress et Mat neeeente. (Hear.) And be did
believe that on that very aseent it wee—beenes there were
no means of Interposing to prevent its pregrese—that the bill
passed with fink Tepidity es it did. (Hens heir.)
Loyd PALMERSTON said that he wandels should follow
Wm, end not
re ncoramendstion of the hon. amps r e
eater at large into the condos of the means far the rapped-
lilla of the slave trade. Els hen. teimd the member for
Montrose bad launched et nee Into his tannin 'a, and
he was accused by away Ma. member a having a
hat project. The Ma. member kr licences must IMMO
Ilia if he said that he bad a against to which he (Lord Pal-
-1 megaton) weld not apply the same epithet. He believed that
his credits. was shared by a very hip portion of tM people
of this eremtey, for the hon. mambas might be smand,
however mg mit they might thiak that the public opines
hat changed and that the people of *ghat mos
indifferent to slavnu jkothat if the people of
they legion
thought the home to teem the steps which
lowed is delinase Se spines el the most 'mien=
they were lekeentag ender the despot mistake. He
content blown as that point with saying that he totally di&
fared fres the @mention that bad been made. He denied, in
the AM OM% the memeeres whisk bad ben adopted
had Wthldrillli entirely nikell. Thme_ked done immense good
and pretend encessen eeo. Me denied, in the next
place, that the Reds. of reprint had aggravated the
horreirs et tin mane omega Whomever they came to dis-
cuss that quad.. he *mild gime Met the horrors of the
middle Mom* had been peen than they were
maskpreesed time. He pegged Mat by as • matter
Ile kW so be aeslt with at present, and not
beinting to rte premen geoids*, bat he must be allowed to
Opewhenthe les. sal issaili red's= said that he would