The Sun.
London, England, 1864-07-13 00:00:00

'ERIAL l'Alan XENT

HOUSE OF LORDS—Last E mning,
lhe LORD CHANCELLOR, LlOk his seat on the woolsack at
five o'llock.

PRIVATE BUSINESS.

The following bills were read a third time and passed
Kington and Eardesley Railway, Southern. Railway, Bris-
tol Part and Channel Docks, Exmouth and. Budleigh,
Sal-
terton Water, Great Western Railway (No. 3), Great
North2rn Railway (No. 2) (Lincoln to Boston).
THE BARBARITIES BY ?RUSSIAN SOLDIERS.
In reply to the Earl of SHAFTESBURY,
Earl RUSSELL stated in reference to the rumour that
400 Swedish soldiers had been massacred in cold blood by
the Prussians—that there were about six or seven Swedish
officers present in the Daniel, army. They wore the
Danish uniform, and therefore were not to be distinguished
from the Danes. He had since received information from
the Prussian Secretary of State for Foreign Affairs to the
effect that there was not more than seventy Swedes alto-
gether in the Danish army. All they knew was that
five Swedish officers were taken prisoners, and that there
were 400 soldiers altogether attacked. The reports there-
fore that came with the telegram were quite untrue-
In reply to further questions from the Earl of SHAFTES-
BURY,
Earl RUSSELL said that he knew nothing of the
particular case of reported cruelty to the brother of a British
officer.
CANNOCK CHASE AND WOLVERHAMPTON

RAILWAY BILL.
Lord HATHERTON move,' that the sessional order of
the 21st of April be dispensed with in reference to the bill,
in order that it might be read a second time.
Lord REDESDALE opposed the motion.
Their lordships divided, when there appeared--
Contents ...........
Not contents ............ 2O
Majority in favour of the motion .. —9
The bill was then read a second time.
NEATH AND BRECON RAILWAY (EXTENSION)
BILL.

The Marquis of CLANRICARDE moved the suspen-
sion of the standing orders in favour of the bill,
The motion was agreed to without a division, and the bill
was read a second time.
INDEMNITY BILL.
This bill was read a second time.
STREET MUSIC (METROPOLIS) BILL.

The Earl of MALMESJSURY moved the second reading
of this bill.

The motion was agreed to without discussion.
FACILITIES FOR, DIVINE SERVICE IN COL-

LEGIATE SCHOOLS BILL.

This bill was read a third time and passed.
CIVIL BILL COURTS (IRELAND) BILL.

The report of amendments to this bill was brought up
and agreed to.
The India Stocks Transfer Act Amendment Bill was read
a second time.

The Dfence Act Amendment Bill was read a second

time.

The Judgment, &c., Law Amendment Bill was read a
second time.

The India Office Bill passed through committee.
The Life Annuities and Life Assurances Bill, and the
Lunacy (Scotland) Bill were read a third time and passed.

SIR FRANCIS BOND HEAD,

The Earl of HARD WICKE called the attention of the
house to the memorial of Sir F. B. Head to the Secretary
of State for the Colonies, laid on the table of the house on
the 6th Jane. He had given notice of his intention to make
a motion on the subject ; but, in consequence of what had
passed in the other house on the previous evening, he should
not bring it forward. The noble earl referred at some
length to the services of Sir F. B. Head but it is unneces..
sary to enter into this after the full report which we gave
yesterday of the discussion that took place on the same
subject in the House of Commons.
Lord MELVILLE said it was not Sir F. B. Head, but
his suet, ssor (Sir G. Parker) who suppressed the Canadian
rebellion in MS.

Lord LYVEDEN thought that the subject of giving
pensions to colonial governors generally should be carefully
considered by her Majesty's Government.
The Earl of ELLENBOROUGH expressed himself
favourable to granting pensions to colonial governors.
After some observations from the Marquis of CLAN-
RICARDE,
The subject dropped.
Their lordships then adjourned.

HOUSE OF COMMONS—Last Evening.
The SPEAKER took the chair at twelve o'clock.
HIGHWAYS ACT AMENDMENT (RECOM.
3IITTED) BILL.
The house went into committee on this bill.

On the motion that the preamble should be postponed,
Mr THOMPSON said that the present state of highway
management was most unsatisfactory. To prove this he
mentioned that it had been fount necessary to substitute
another bill in 18(32 for that of 1855. They were now called
on to rescind the former. He thought that no practical re-
sult would wise until that act was rescinded compulsory
instead of optional.
Clauses Ito 19 inclusive were agreed to after a short dis-

mission.

Oa clause 20,
Mr KENDALL moved an amendment to the effect that
parishes should be compelled to refence in their neighbour-
hoods if necessary.

Sir G. GREY said that unless they were already liable
these words would not render them so.

The amendment was withdrawn, and the clause was
agreed to, as were clauses to 23,
On clause 24,

Mr. H. FENWICK moved the omission of the words
"without a keeper," the object of which was to prevent
cattle being turned out on the highways for pasturage.
These highways were intended for the use of the public,
and converting them into grazing ground was a direct per.
version from their legitimate purposes. •
After some discussion, the committee divided*
For the amendment .... 42
Against it

Majority

It was then moved that the words " Such highways not
being more than 30 feet wide" should be added, but it was
withdrawn.
Sir B, LEIGHTON moved that the words of the clause
should not apply to any existing rights of pasturage on the
Bider, of roads.
Lord HENLEY said that the effect of the provision pro-
posed by the hon. baronet would be to nullify the clause
altogether, lor there were no road upon which rights did
not exist.

The amendment was agreed to without a division. The
clause, with some other amendments, was then adopted
without further discussion.

There was some farther discussion on subsequent clauses,
and some verbal amendments were introduced.

The bill was ordered to be reported, and at 10 minutes to
4 o'clock the sitting was suspended.
The house resumed at 6 o'clock.
THE BRAZILIAN GOVERNMENT AND THE

SLAVE TRADE.
Mr HARDCASTLE asked the First Lord of the Trea-
sury whether the Brazilian Government had fulfilled
their obligations with regard to the Africans liberated by
British cruisers, as to whom Earl Russell stated in a de-
spatch of June 6, 1863, that "some thousands of negroes,
captured in slave trading vessels, and decreed many years
ago by the mixed commission at Rio to be entitled to free-
dom, are, there is good reason to believe, up to the present
time held in bondage, contrary to law and in violation of
treaty engagements,"

Lord PALMERSTON—Sir, I am sorry to be obliged to
say the conduct of the Brazilian Government with regard to
the slave trade has invariably been marked by the greatest
violation of treaty engagements, It led, as everybody
knows, to the passing of the Act of 1845, and afterwards to
the proceedings under that act in 1852. Their conduct as
the emancipadoes has been as ftigrant a violation
regards
of their engagements as any other part of their conduct
with regard to the slave trade. Upon this slave trade a
mixed commission was appointed in Brazil, combined of
British and Brazilian judges, and they were to decree the
liberty of negroes found in the slave trading vessels which
might have been condemned as such by the mixed epurt.
These delivered negroes were entitled to be free, but the
Brazilian Government stid they would require preparation
for freedom, and it was provided that they should be sub-
ject to a master for 1i years. Some were kept by the Bra-
zilian Government, some by a private master; and we have
reason to believe none of them ever obtained that freedom
which they desired. This has been the subject of frequent
representations by the
presentations have British Government, but these re-
not been attended to. We have asked for
a list of these negroes andl>,aavenot been able to obtain it;
but the Brazilian Government have stated that there are
measures by which the negroes may
obtain their freedom by
their own act. I will state what those measureß are, in order
that the house may sec how far they ate in
accordance with
the views of Government. In the first
place, negro is to
ask from the chief clerk the attestation that his 14 years
have expired. Then he is to petition the Minister of
Jus-
tice. 3d. The Minister of Justice refers the petitioner to
the Judge of Orphans. 4th. The Judge of Orphans
gives
infennation, and sends the petitioner to the Ministr of
Justice. sth. The Minister of justice refers the petitioner
to the chief of police. 6th. The chief of police refers the
petitioner to the general Guardian of Negroes. 7:11. The
G w,,diee of _Negroes refers the petitioner to the chief of
police. Bth. The chief of police refers the petitioner to the
governor of the House of Correction. (A laugh.) 9th, The
governor of the House of Correction gives information, and
send the petitioner beck to the chief of police. (Lenzhter.)
The chief of police gives information, and sends back
the petitioner to the office of the Secretary of Justice. 11th
—(laughter)—The Secretary of Justice makes a procedure
of the information, which has been passed by the Minister
of Justice himsell. Well, then, 12th, the Minister of Jus-
tice causes letters of freedom to be administered to the man.
Now, you would think all is done and the man is free, Far
from that. 13th. The petitioner is referred to the judge
with Lb latter. 14th, Ile is sent to the cbiaf of pllicc. 15th.

---
The judge refers the petitioner to his own clerk, and 0.... rders
letters of freedom to be given, but keeps the letter until
the party has paid the respective emoluments to the officers
engaged in these proceedings. 16th. He is made over to
the chief of police. 17th. The chief of police communicates
with the governor of the House of Correctior, , and orders
the applicant to appear before him. 18 tl. The governor
sends for him—that is, for the applicant--aul the chief of
police designates his future place of residence ; for he is not
allowed to go where he likes as a free man, but is fixed to a
particular spot. 19. The chief of police communicates with
chief of divisional police at the place designated, and hands
the applicant to that officer. 20th. The chief of the provin-
cial police hands him over to the chief of police at Rio, and
he is removed from the place where for 14 years he had
been residing, and had established connections. All the
treaties we have made to obtain justice for the emancipados
have failed, and we have not been able to obtain any list of
them. We know that when the slave of one of the owners
died, the emancipado was put in his place, and it was re-
ported that the emancipado had died, and not the slave.
Mr S. FITZGERALD would like to know whether these
20 steps were pointed out in the Brazilian documents, or
whether the noble lord had obtained from other sources the
explanation of the course by which the emancipado should
be freed. With respect to the Brazilian Government, he
would ask whether that Government had not put down ti,te
slave trade, and whether Lord Brougham, than wtorn no
warmer advocate of emancipation existed, had no;,ezpressed
his gratitude to that Government?
Lord PALMERSTON—This string has not been
obtained from the Government. J. extracted it from a
Brazilian newspaper, which gave it as an official document,
and I believe it is correct. With regard to the other
question of the hon. merr:oer, the Brazilian Government
have of late years, since 1852, put an end to the slave trade.
That has been by ce,mpulsion, not by conviction. The Act
of 1845 was long a dead letter. In 1851-2 the provisions of
that Act were lorought into force, and I believe from that
time to this the Brazilian slave trade has been put an end
to. They gave fresh orders to their officers, and, in spite
of bribra to them, I believe that from that time to this the
Brazilian slave trade has ceased. I take great credit to
myself for having brought about that.

Mr BRIGHT protested against the noble lord making a
speech on a matter of this nature, where other members
could not reply. He should move the adjournment of the
house, in order to make one or two observations upon it.
He was not aware that a question was going to be put
upon that subject that night—but on a previous occasion
the noble lord had stated much the same as he had stated
that evening. He would like to know whether the noble
lord was not aware of the opinion of Lord Aberdeen
that the Brazilian Act ought to be repudiated. That Act,
he meant to say, was one of the greatest offences to the
Brazilian Government, Legislature, and people ; and he
might quote the opinion of the late Lord Truro, who
was no mean lawyer, that a more unjustifiable Act, and
one more in defiance of international law, never was
passed by any legislature. If that were so, and if the
state of things upon which that Act was justified had en-
tirely passed away, and if, as we knew the relations of
this country with Brazil had been of a most unpleasant
kind from the time of the passing of this Act, and if we
knew that until that Act was repealed the relations between
the two countries would have no chance of being placedupon
a proper basis, he thought the noble lord should give up his
adherence to what was originally an indefensible law. And
he should think, after the vote of last week, when, if the
house did not come to a vote of censure, at least he never
knew an occasion upon which they had approached more
nearly to it, and never did he know an occasion where 'ne
house had denounced so strongly the irritating and offensive
policy of the Foreign Office—(hear, hear)—the noble lord
might have learned something from that ; ald if the noble
lord would consent even now to repeal ren Act which had
no reference to the existing state of things, but which as
lung as it was maintained was ow'. cain to produce bitterness
between this country and Breea___a nation with whom we
had extensive relations, watch might be more extensive if
wo had a Government ready to meet them in a friendly
spirit—he believed 'oe would be carrying out the opinion
prevailing in the:. house, and the opinion prevailing among
all classes of this country who had anything to de with
Brazil and its people. It might be too late to do anything
of the kieid this session, but if the noble lord was not pre-
pared ro do so at the beginning of next session, he hoped
SOITA hon. member would move for a committee to examine
Foto the question, and he believed no committee of that
house would support the policy of the noble lord. Between
this and next session no doubt there would be affairs before
the Foreign Office relating to Brazil and the King of Por-
tugal. If so, the noble lord need not wait until next session,
but he might promise what he would do in order to esta-
blish friendly relations between England and Brazil.
Sir J. ELPIIINSTONE would support the appoint-
ment of a committee, but would not have its labours
confined entirely to the trade with Brazil. At this time
the situation of our troops on the unhealthy coast of
Africa, where vast numbers of them wero dying of fever,
was perfectly appalling. (Hear, hear.) The answers they
had heard from the Government were most evasive; but
nevertheless ha believed the troops were dying from starva-
tion, and the country was in a state of famine. These were
questions calling for the consideration of Parliament, and
which could not long be deferred. Another question which
forced itself upon the attention of the Government, and
wllich could not long be avoided, was that the maintenance
of the squadron on that coast cost £60,003 per annum, and
there was not one of the ships, except the commodore's,
which could go more than eight knots. As he understood,
blockade slave-runners were now employed in the slave
trade, and these vessels had simply to turn their heads to
the wind to escape from our cruisers. Well, these were our
best cruisers on the coast of Africa, and it was for the house
to say what means had we, should any difficulty arise with
a foreign country, to protect the commerce of this country.
Vessels of the Confederate States of America, carrying a
cargo, were able to make 15 or 16 knots, while our ships,
upon ethich depended the proteetion of our conerneree in
time of war, could not make above eight knots.

Mr S. FITZGERALD endorsed mos; cordially every
word which had been said by the hon. member for Birming-
ham, and expressed the regret which all in the house must
feel on seeing that the noble lord took every opportunity of
makiag an attack of this kind upon a Government with
which for years, until lately, we had held most friendly re-
lations. The answer of the noble lord was simply an
amplification of the last despatch sent by the noble lord at
the head of the Foreign office to the Brazilian Government,
who had not, so far as that house was aware, yet sent a
reply to it. He entirely agreed with all that had fallen from
the hon. member for Birmingham.

Lord PALMERSTON said ho did not think he was open
to the reproaches of the hon. gentleman as he did not
volunteer that statement. He (Lord me;s.
ob.
t ) was asked
a question, and the answer involy
ad a statement which he
knew to be true. It would lae useless for the hon. gentle-
man to deny its truth. -Ile oh Fitzgerald) knew b-atter.
(Hear, hear.) Th
--`arefore it was not worthy of
Mr FITZ G'aaRALD—I have said I dig not know it.
Lord P iiLMERSTON—Then I am sorry you are so
ign°ll'..nt. (Cries of Oh, oh,) What I stated is to be ibund
in papers which are laid upon the table of the house. The
noble lord proceeded to say that with regard to the remarks
of the hon, member for Birmingham and tire hon. gentle•
man opposite, he would only remark that the ant was the
exact counterpart of an act which it had been his (Lord
Palmerston's) duty to propose to the house in regard to
Portugal, and which, therefore, must have been approved
of by the law officers of two different Governments. The
justification of the acts was that Portugal and Brazil had
each, by the treaty of 1826, pledged the honour of their re-
spective countries to abolish the slave trade; that they
failed to fulfil their engagements; and it was therefore
thought we ought to use our power in order to compel the
observance of the treaty. Everybody was aware that the
slave trade in Brazil amounted to a landing of about 7,000
negroes every year, and it was easy to imagine the misery
and suffering that was thereby caused. Everybody was also
aware that since the year 1815 the English Government
and the English nation had determined to put an end to
that abominable trade. (Hear, hear.) He maintained,
then, that the goodness of the object justified the means
which the Government had from time to time taken for
putting down that crime ; and he was convinced that if the
act were repealed the Brazilian slave trade would revive, as
it had in the case of Spain and Cuba. Spain was bound
by treaty to abolish the slave trade. That, indeed, was
the only reward we asked for our assistance in the war of
independence. Bat what was the result? Why, they
had heard in that house, time after time, that the slave
trade to Cuba was carried on in spite of the treaty.
Then, take another example that of Portugal. She,
too, had made a slave treaty, but she still consented to
the exportation of slaves from her settlements in Africa.
Now, in France, not only the slave trade, but slavery
itself, was nominally abolished ; and yet, notwithstanding
this, about two years ago the slave trade was to all intents
and purposes begun and carried on for some time under the
pretext of exporting free labourers from Africa. The hon.
gentleman was correct in saying that the act had not been
enforced since 1852 ; but he (Lord Palmerston) was quite
aware that it was still a thorn in the side of the Brazilians,
It was an impediment to those who wished to carry on the
sl Ivo trade, and a reproach to those who did not. For his
part, he attached so much importance to it that, greatly as
he valued the friendship of the Brazilians, yet it these were
put into the two scales of the balance—the abolition of the
slave trade and the friendship of Brazil—he would sacrifice
the friendship of Brazil. (Hear, hear.)
Lord J. MANNERS wished to know why the noble lord
did not act in the came manner with regard to Spain.
(Hear, hear.) The fact was that he dared not. (Hear.)
He would not enter into the question at any length, but he
could not help protesting against the language which had
been made use of by t 4, e noble lord towards an independent
member. (Hear, hear.)
Sir J. HAY said that before the debate closed he wished
to say a few words upon what had fallen from the hon.
member for Portsmouth on the subject of the attempts
which had been made to suppress the s!avo trade on the
coast of Africa. We maintained upon that coast a squadron
of IS steam vessels, and he believed that only one of them
—viz„ the Rattlesnake—was capable of going WI knots an
hour. The other day he was informed four of these vessels
gave chase to a slaver, but they could not auceced in effect-
ing her capture. He wished to know whether such estate
of things was to be continued.
Lord PA GET said he thought that his hon. friend