The Sun.
London, England, 1839-08-16 00:00:00

THE SUN, LONDON, FRIDAY, AUGUST 16, 1839.

They were there entirely upon hypothetical speculations. cal outcry against the Americans. It was forgotten that
It was not in the power of either House of Parliament to the people of this country had no slaves, and therefore had
judge of the circumstances—the knowledge rested entirely no self-interest in the preservation of slavery, and that if
with the Executive Government. He saw every reason it had not been left to those of our felow-subjects who
for wishing that her Majesty hsd taken her own course had slaves, to the people of Jamaica and Barbadoes, and
upon the responsibility of her Government, rather than Trinidad, and Berbice, how long would it have been be-
that the other House of Parliament should have sent this fore slavery was abolished.--( Hear, hear, hear.) And
proposition to their Lordships. He saw in all the clauses let it be ' observed that in the Noithern States
in the Bill that the attention of Parliament had not been of America, where there were no slaves, there was less
sufficiently directed to the nature of the treaties prejudice against emancipation, and that it was only in
of this country, and which were now existing with the Southern and the slave States that this prejudice so
almost all parts of Europe, for the purpose of putting greatly prevailed.—( Hear, hear.) But unhappily the
down this trade. He would beg the House to observe spirit of mercantile interest—the thirst for gold—in-
what the effect of the first clause of this Bill was. By it fluenced the Americans to carry on the hateful slave trade,
the Lord High Admiral could give authority to anybody and it was difficult to grapple with it —( Hear.) Vessels
to take and to capture any vessel engaged in this trade in were built in American ports to send to Cuba, and other
any place. The treaty with France limited the space in Spanish dominions, for the African slave trade.—( Hear.)
which any visitation of French ships could be made at all, He had a letter from a respectable person in Barbadoes,
and it also stipulated that such visitation could be made by stating that within a few months twenty-nine American
no officer under the rank of Lieutenant in her Majesty's slavers were on the coast, manned by Portuguese, Brazi-
service, specially appointed for the purpose, the num- liens, and Cuba men, but that some of them had Arneri-
ber of ships limited, and their names given. The can Captains.—( Hear, hear.) What harm, he would
Bill before the House was to empower any person, ask, could arise in our relations with any country from an
not even an officer of any rank, but any person Act of Parliament which only gave indemnity in our
commissioned by the Lord High Admiral to visit and search Courts, without relieving the Government from any in-
any ship belonging to any nation. In making a proposition demnification by treaty for anything which might be done
of such a nature it ought to have been done by message, so under its orders. If this country meant to put down the
that Parliament might well know what were the explicit African slave trade, Parliament and the country would
intentions of the Government; and Parliament ought spe- cheerfully make good that indemnity to our cruisers. He
cially to take care that in any of their acts they did not wished to say one word with respect to the putting down
violate treaties, or even raise a suspicion of doing 0. Those of the slave trade. It was a favourite doctrine
observations applied not only to the first clause, but to every with some, and had received the sanction of a friend
one in the Bill. The fourth, or the equipment clause, of his, who had recently published a pamphlet, that we
however, was the most offensive of all. In all treaties with were beginning at the wrong end, and that all we could
°thee Powers there were special clauses for the manner in do to put down the slave trade would only make it worse,
which visitations might be made, and equipments regulated, and that we had better never have made a treaty against
but by the Bill on the table of the House every ship was to the slave trade. He (Lord Brougham) was not exactly
be searched by any one having the commission of the of that opinion. If this country went to the full extent it
Lords of the Admiralty. There were some nations— would put down slavery altogether.—(Cheers.) But it
but one in particular—with which we had no treaty had never put forth its strength. It was said the slava
—the United States. No doubt by the Treaty of trade could not be put down until slavery was destroyed.
Ghent they promised to co-operate with us in putting an What ! were they to wait till the Virginians and the Caro-
end to the slave trade. He was not quite sure whether linians and the Marylanders all agreed to put down slavery
they or we were the first to declare that trade piracy—he —they who gloried in the shame of slavery—to wait till
believed the honour of that belonged to the Noble and they emancipated their slaves ? Why, it would be waiting
Learned Lord opposite. But it was quite clear from the for a century. Would the House allow the African slave
correspondence of the British Consul with the Havannah trade to go on until that time? It was ridiculous to sup-
Commission, that that Government would consider a de- pose that would be the case. The foreign slave trade had
tention of any ship belonging to them as an insult, and been increased. But what had become of the English slave
would be resisted. That was another reason why any mea- trade? Did Wilberforce andClarkson and Buxton and others
sure should originate with the Government upon the autho- labour in vain ? And was it to be imagined that this was all a
rity of the Crown, because they were acquainted with all mournful retrospect that we had, though late, put down
these circumstances and Parliament was not. All officers the English slave trade, and wiped out that foul stain
or other persons so engaged under the Bill were indemni- from the English name ? Was this all a dream ? No
fled, but the State was not. In all other treaties such thing. Slaves were carried to our old colonies to
there was a clause making us liable to a very the number of 20,000 a-year, and 10,000 were taken to
large demurrage for even a slight detention. Now our new colonies; and if the trade had not been abolished,
no ship belonging to the United States would be stopped the number would before this time have been 40,000.—
for even a few hours by a visitation, but would cause us to ( Hear, hear.) But it was said the profit is so great that
pay most dearly. He called upon the House to respect men would run the risk of any loss. But did any man
the rights of other nations, as had always been the prat- see that a t Bristol, or London, or Liverpool, the slave
tice of this country in former times, and reject the Bill, trade was carried on? Why ? Because it was no longer
leaving all the responsihility, as it ought to be, on the shout. a pecuniary risk that the criminal was exposed to, but the
ders of the Government. risk of being hanged or transported to Botany Bay, with
Lord BROUGHAM said the House, acting upon the other congenial but not more guilty criminals.—( Hear,
principles laid down in the speech of the Noble Duke, hear.) That was what had been done, and that had been
ought to go into Committee on the Bill, where, though found effectual. If a man was satisfied with the
the principle might be maintained, such alterations risk of a large profit, he would not run the risk
might be effected as would make the Bill quite innoxious, of being dealt with as a felon.—( Cheers.) No man could
yet render it one of great service.—( Hear, hear, pretend to say there was any slave trade in the United
hear.) It was of the last importance on that great States of America. It was the American flag which was
question, with a view to the abolition of that accursed used to cover the Spanish and Portuguese slave trade.
traffic, that they should not reject the Bill in its present Why should not a measure be effectual with regard to Por-
stage, but that they should go into Committee in order to tugal which had been effectual with respect to England?
discuss its merits. He was of that opinion, because he If we were to say we are resolved she shall perform her
.knew the state of that accursed trade—because he knew obligations by treaty to us, who have always been her pro-
w had pushed its roots deeply into other countries in con- tectors, her mistress rather than her friend and ally—to us,
sequence of its being abolished in this country, and know- who sent the Noble Duke out to cover his name with im-
ing that it had gone more deeply into the soil in our more perishable glory by driving away the enemies who had
ancient ally, Portugal, than in any other country. overrun Portugal—to us, who have made Portugal what
Knowing that it had spread its roots in the hearts of she is, and prevented her from annihilation—if she finds
the people of that country—that whereas in other coun. that we aro in earnest, Queen, Commons, and Lords, and
tries it created horror, disgust, and execration,lin that coun- are determined no longer to be trifled with, I will answer
try, it had been received as a blessing or a boon, he prayed for her finding ways and means to put down the Portuguese
them to go into Committee on the Bill. He could assure slave trade. Let her only perform that which she has
their Lordships that in the slave trade the accursed traffic stipulated to perform, namely, assimilate her laws against
was never in better odour in any town in the West Indies the slave trade to ours, instead of leaving it a penalty,
than it was in the ports of Lisbon and of Oporto. The against which a pecuniary premium may insure a man, and
Portuguese regarded the last Bill on the subject as the then I will answer for it that Portugal will succeed in put-
death blow of the slave trade. What must have been ting down her trade.—( Hear, hear.) I sit down, my
their feelings—he said this without any disrespect to Lords, with the most confident and lively and consoling
their Lordships—when their apprehensions, their fe- expectation, that I have not addressed your Lordships al_
verish apprehensions, considering the bringing in of the together in vain, and that you will give this righteous and
Bill synonymous with the passim,- of it, were allayed by necessary Bill a second reading.—( Loud cheers.)
finding it had been thrown out by their Lordships; when Lord W YNFO RD was as anxious as his Noble Friend
they thus were led to believe that a change had come o'er to put down the slave trade all over the world, but he
the spirit of our legislation—that we were about to pro- would not, for the purpose of doing so, counsel their Lord-
ceed in a contrary direction to that which we had pursued ships to violate any treaty which might endanger the peace
ever since 1807 ? But happily the hopes derived from the of this country.—( Hear, hear.) This was not a Bill
rejection of that Bill were damped, if not extin_ merely to regulate any proceedings on the part of this coun-
guished by the address, which would arrive by the same try with respect to Portogal. It authorised any person
packet—an address which they would naturally expect having a commission from the Admiralty to stop and search
was to be followed up, flat only in letter but in spirit— any ship whatever. Now this country had no right to stop
(Hear, hear, hear)—in redemption of the pledge which a French ship, unless our vessel was manned with persons
their Lordships gave, that if the Crown issued orders to its of whose names the French Government were in
cruisers, to prevent this traffic, they would join with the possession.--( Hear.) Was the Bill consistent with
other House in carrying such orders into effect.—( Hear, that treaty ?—( Hear, hear.) If this Bill went into
hear.) If, hoineYer, after this, their Lordships rejected Committee, their Lordships might alter it as they pleased,
the Bill—founded clearly on that very address—all the but it could never be of any value unless the treaties were
former hopes of those parties would revive—their new-be- altered.—( Hear, hear.) With regard to America, there
gotten apprehensions would be allayed—and forth from the was no treaty which would authorise us to stop any Arne-
port of Lisbon, covering the waters of the Tagus, whiele rican ship to attempt to search her. This was a point
for all purposes connected with the slave trade—for all which ought to be answered by Noble Lords, instead of
commercial purposes—might really be accounted as a their confining themselves to the propriety of putting down
British stream, that stream would be covered by the perpe- the slave trade. The other night the House pledged itself
trators of the most enormous, the most incorrigible debit- to do all it could to put down the slave trade on the part
quency, that ever disgraced the character of man, that ever of Portugal, which meant doing everything which, ac-
inflicted bloodshed, misery, and murder on the human cording to treaties, was lawful. This Act was no protec-
species.—( Cheers.) Every breeze that blew would waft tion if carried beyond treaties. It would be a dead letter,
to the shores of Africa the Portuguese slave-trader engaged except that it might involve England in difficulty. He
in a traffic then for the first time carried On under the WAS willing to go the full length that could legally be
sanction of a British Legislature, while all quibbling on the gone to put down slavery in all countries, but he wished it
constructions of treaties, all negotiations between Courts, to be done according to treaties or the law of nations. He
all notes and answers among diplomatists would, by the entirely ;Treed with the Noble Duke in thinking that the
Portuguese criminals be flung to the air that they inhaled, Bill ought not to be committed.—( Hear. )
and denied to the inmates of their pestilential holds The Bithop of LONDON said it was with sincere
—(Cheers)—when they knew that the accursed slave trade concern that he felt himself called upon to vote against the
was now to be carried through the world, to the amendment, and in support of the motion of the Noble
the distress and the destruction of mankind, under the au- Viscount. The duty was imposed on this nation of sup-
thority—not of a British Act of Parliament, but of the pressing this traffic, which had so long disgraced Christian-
British House of Lords.—( Loud cheers.) For these rea- dom. If we valued our liberty, we ought not to lose a
sons it was that he urged their Lordships—and be espe- moment in giving liberty to those who had SO long, partly
cially directed his argument to the Noble Duke opposite, through our instrumentality, been bereft of it, and in
whose feelings he knew to be against this dreadful traffic— restoring those blessings to the benighted inhabitants of
for these reasons he earnestly entreated their Lordships at Africa, for the loss of which we hen so tearful an
least to read this Bill a second time.—( Hear.) He would account to give. The rejection of this Bill, he
now come to the difficulties which the Noble Duke had was satisfied, would induce the Portuguese to think
distinctly stated. First, could there be a preamble better they might continue this traffic with impunity, and
suited to the real state of the facts ? And that was all that before six months elapsed the sea would be
could be required to remove the great objection of the covered with slavers. His Hon. and Learned Friend had
Noble Duke, to which, so far from turning a deaf misinterpreted the conclusions drawn by Mr. Buxton,
ear, he (Lord Brougham) felt disposed to yield re- which no Christian could read without feeling it his duty
spect. His Noble Friend behind him had stated to strain every nerve to put an end to so abominable a
officially—and according to the best precedents, a state- traffic. What Mr. Buxton argued was, that after the
ment of any Member of the Cabinet, much less could it sacrifices we had made in the cause of liberty to put down
be doubted of the head of the Cabinet—was a sufficient slavery, our efforts had not been successful in the degree
ground for a preamble. His Noble Friend had stated that on which we might reasonably calculate ; . but he did not
orders had been issued —( Lord Lyndhurst, " What or- say that if we had done nothing the present
ders ?") He thought that enough—there might certainly state of the world would not have been worse.
have been a more minute description. Suppose that at With respect to treaties, that was a subject on which he
the close of the preamble as now given, these words were (the Bishop of London) did not feel competent to enter,
added, " And whereas her Majesty has been pleased to but it did seem to him to be a matter of common. sense,
issue orders"—it might be "in compliance with an ad- that this Bill, if it became an Act of Parliament, would in
dress of the House," but that was immaterial—to issue orders nowise alter the position of this country with regard to
to her cruisers to capture Portuguese vessels engaged in those treaties, because the maintaining or violating those
the slave trade, or any vessels engaged in the slave trade, treaties would still rest with the Crown.—( Hear, hear.)
not having on board papers showing that they were justly The Act did no more than give them increased powers
entitled to claim the protection of the flag. of any state or ' and facilities for carrying into effect those measures which,
nation ;" then proceeding to enact the indemnity clauses ; with a strict regard to treaties as they now existed, or as
that might not be perhaps the very best possible mode in they might by future negotiations be modified, might
which this could be stated, though he thought it sufficient. be required. Even on this point he should not feel pre-
It stated, however, that the Crown had issued the orders, chided from voting in favour of the Bill, which he
and it called upon Parliament, in redemption of its pledge, should do with the most perfect satisfaction. The passing
to assist in executing these orders.—( Hear, bear.) The of this Act would be an honourable demonstration in the
Crown acted in this on its own responsibility, and the Legis- eyes of all Europe of a fixed determination on the part of
lature, was only asked to assist in carrying out that a Christian people to consider that, whatever they might
which the Crown had, on its own responsibility, proposed. have achieved for Europe by securing the liberties of
Surely that was fully consistent with the doctrines of the millions, yet that the great work would remain imperfect
Noble Duke. It might be said that the words of this pream- until they should have put down that most revolting and
Me would sanction a right of search.—( Hear.) Very well, abominable traffic which bad been and which continued to
The Noble Duke never argued that the Government be a disgrace to the nations of Europe.—( Cheers.)
might not do that on its own responsibility. The Noble The LORD CHANCELLOR rose for the purpose,
Duke said the Crown might issue orders to capture, or if possible, of divesting their Lordships' minds of what he
even go to war by proclamation.—(" No," from Lord conceived to be a great misapprehension on this subject,
Wynford.) " Really, m' Lords (thundered forth the No- because he felt their Lordship would concur in voting for
ble and Learned Lord) there are some of your Lordships the measure if the apprehension had not taken possession
who are ready to--no, I won't say it—(Laughter)—but of their minds, in consequence of what his Noble and
it is really extraordinary, the zeal of ray Noble and Learned Learned Friend (Lord Wynford) had said, that it would
Friend—l will not say for the Portuguese slave trade—but lead to a violation of existing treaties. His Noble and
lam astonished beyond measure, that be who so dis. Learned Friend had said that this Bill must be considered
tinguished himself above his learned brethren, the Judges of as if it enacted that French ships should be searched con-
the Queen's Bench with him, by a celebrated judgment he trary to the treaties with France. There were no such
delivered—( Hear, hear)—should have on this occasion enactments in the Bill. The enactments were to enable
been betrayed into a degree of excited zeal which prevents the Crown to give directions for dealing with Portuguese
him from using that acuteness and sagacity which belongs vessels, and certain other vessels.
to him." The reciting, in the preamble, that the Crown Lord WYNFO RD—All other vessels.
had issued their orders on its own responsibility would not The LORD CHANC ELLOR—Well,all other vessels;
lighten the Ministerial responsibility, nor relieve them from but if the master of a French ship said we are protected
the consequences of an order which was against the law of by the treaty, and we will not be searched, it would be a vio-
nations.—( Hear, hear.) But the Noble Duke further lation of the treaty to search that ship. Bat was it because
said, we should recollect that we had treaties with France, they directed search to be made where search might be
&c. The Act, however, would be waste paper as regarded made, that search would be made where it ought not to be
the law of nations. The Act could do no more than made ?—(Hear, near.) The Crown would be just as much
regulate our municipal rights, rule our own Courts, bound to adhere to the treaties with France, and any other
or bind our Judges ; but a Judge deciding on the country, if the Bill passed, as it would if the Bill were re-
law of nations must not look to the Act—he jetted. But with regard to Portugal, the Bill would en-
must respect the law of nations, not the law of the land, doubtedly be an effective measure. The object of the Bill
In the face of this law of the land, in the teeth of it, he was to enable her Majesty to direct her cruisers to do that
must decide according to the treaties, and no treaty could which Portugal had contracted to do, but which she had re-
be altered by Acts of Parliament.—( Hear, hear, hear.) fused, and to prevent them being called on in this coun-
Let this be illustrated by a few particulars. Suppose let- try to account for what they had done. The issuing
ters of marque issued to a privateer, or what was much of orders by the Crown would not indemnify those
better, directions given by the Admiralty to the Queen's officers, and was her Majesty to direct her officers to seize
cruisers, and a French ship seized by them. Lord Gran- those vessels, at the peril of they themselves being liable
vine, when required by the Court of the Tuillcries to give to pay for the damage sustained, or the value of the vessel
explanation, would not be able to quote an Act of Portia- that might have been taken. That their Lordships, he was
ment, the French Foreign Minister would instantly reply sure, did not wish. But then, he would ask, what did their
(if he did) that the Act might be all very well as regarded Lordships mean when they addressed the Crown to issue
our subjects, but that between England and France these orders, and said they would take such measures as
it was utterly waste paper, as being against treaty. would enable them to be executed ?—( Cheers.) What
He would observe, in passing, that he considered it much measures? He apprehended, simply to indemnify the
the best course to commit the work of putting down the officers that might act in execution of those or-
slave trade to the Government ships than to privateers— ders.—( Hear, hear.) That was all this Bill proposed
( Hear, hear)—and he hoped and believed that the Noble to do—( Cheers.) He did, therefore, hope that when his
Lord at the head of the Admiralty would be ready to Noble and Learned Friend looked at the provisions of the
increase their number, and above all to add steam vessels Bill, and saw that its object was confined to those purposes,
that could go up the creeks and inlets on the coast of and left the relations of this country with other countries
Africa, and prevent the slave ships from taking in their untouched, that he would not refuse to go into Committee
human cargoes, which was better than capturing them on the Bill. If their Lordships apprehended there was
afterwards.—( Hear, hear.) Now as to the 4th section, he anything in the Bill that would interfere with our re-
doubted the propriety of enumerating so many different lations as to other countries, nothing could be
circumstances as were therein described as evidence to more easy than to introduce a proviso in Com_
guide the Courts, especially as it was not enacted that i mittee to guard against that—( Hear, hear, hear)__
any or all were to be taken as sufficient and conclusive, but to refuse to pass this fill after the resolutions their
but merely that they were to be taken as prima facie Lordships had agreed to seemed to him to be conduct the
proof—a vorylame amid impotent conclusion,' unintelligible.lt was
pr " most
not, however, peculiar to this Bill. With regard to Ame- they had undertaken to do if the Queen should issue cer-
rica we had no treaty with her on the subject. ) taro orders to her cruisers—and these orders had been
The American Government, however, had early joined in issued.—(Hear, hear.)
the great work of abolishing the slave trade, whatever Lord ELLiNBOROUGH—If those orders have been
might be thought of their conduct as to the continuance of issued they ought to be curamunicated to the House,—
slavery. As to this last point, there was often a pharasai- . (Hear, hear.)