The Sun.
London, England, 1857-02-04 00:00:00

the refusal to recognise the right of property of her Majesty's
Government in the British Consular residence ; the expulsion
from Asterabad of a person in the employment of the British
Mission; the publication in the public paper under the con-
trol of the Government of Persia of injurious statements as
regards the British Government ; and lastly, the direct incen-
tive held out to fanaticism to irritate against British subjects
the conduct pursued at a former time, when the city of Tehe-
ran witnessed the massacre of the representative of a foreign
State by an infuriated mob.
" All these transactions are publicly known throughout the
Persian capital, and unless the redress demanded for them
shall have been given, and shall have been made as publicly
known, it will be impossible for a British Mission to reside
with security, still less withhononr, at the Court of the Shah.
" But even these transactions are of less account than the
wanton disregard by the Persian Government of engagements
to abstain from any interference in the internal affairs of He-
rat, and from any attempt to occupy, or take possession, or
assume the sovereignty or government of that province.
There are indications, indeed, that before the British Mis-
sion retired from Teheran, intrigues were on foot to promote
the views of aggrandisement which Persia has continually en-
tertained in the direction of Herat. Persian forces were col-
lected on the frontier of that State; and, as if more distinctly
to evince the hostility of Persia towards Great Britain, even
at this early stage of these transactions, the Persian Govern-
ment selected for the command of those forces an officer high
in rank, and nearly connected with the Royal family, who had
then lately rendered himself notorious by grossly indecent lan-
guage applied by him to the Sovereign of England at a public
entertainment given to members of the Royal family by the
Vizier of Teheran.
" From that period the operations of the Persian forces
have been pushed forward with unabated perseverance
against the city and in various quarters of the territory of
Herat; language of defiance against Great Britain has been
openly held by the Persian Government, and the demon-
strations have been made of the intention of tie Persian
Government rather to engage in conflict with Great Britain
than to concede the just demands of the British Government,
the Persian Government appearing to wish to display to the
Persian people its indifference for the friendship of England,
and its conviction that Persia has nothing to fear from the
just resentment of Great Britain.
" But the British Government can no longer passively sub-
mit to the insults and wrongs which it has received from the
Government of Persia. An expedition, destined for Persia,
is now about to leave the British territories, and whatever
may result to Persia from this measure, which her Govern-
ment has wantonly provoked, the responsibility thereof will
rest on the evil counsellors of the Shah, who have led his Ma-
jesty to countenance insult and injury towards Great Britain,
and to violate the solemn engagements of an interuation
compact."

Herat stands on the immediate confines of Persia and
Affghanistan, and is entitled from its position to be, and
has always been, considered as the key of Affghanistan.
Placed a 3 it is, in a plain of unparalleled fertility, the
_ .

Shah of Persia:, 14 years ago, when he was besieging the
place, maintained there an army of 40,000 men, and its
value as a military station is the more apparent, as the coun-
try on the east and west is comparatively barren. There is
also to be found here au abundance of clay of a tough dc
scription, which is peculiarly available fcr the purposes of
fortification. Herat is altogether a most important plsc
for military operation, and an enemy once in possession o
it is completely master of the position. Every Govern
went of this country has desired that Affgbanistan should
be protected, and it clearly cannot be protected if Herat
rewsins in the power of Persia. I believe the Russian
Governfnent and the whole of the Russian people are uncle
the belief that their destiny is to go forward, to conquer
and to hold new territory ; but, I believe, as tire noble lord
has said, that there is no disposition whatever upon the
part of the Russian Government to go to war with us on
this question. Our communications with the Russian
Government have been frank and friendly. I believe we
will not go to war, and that it is the interest of both that
a neutral and independent country should form a division
between the two territories. (Hear.) But there will not
be such a country if Persia occupies Herat ; because, in
holding that place she will be able, perhaps, not to conquer
Affghanistan by force of arms, but through the mere cupi-
dity of Affghan chiefs, to take possession of that Power.
We are not like Russia in that part of the world ; our po-
sition there is entirely dependent upon our character, our
prestige, our supposed resolution to defend our rights at
every risk. If we induce the Persian Government to enter
into solemn engagements with ne, and then permit her to
violate them with impunity, depend upon it we shall sac-
rifice that reputation which we cave always enjoyed. And
it is to support that zeputation and that prestige for moral
force that her Majesty's Government has been compelled
to go to war with Persia, but in the full confidence that in
so doing we shall deserve and obtain the support of the
whole country. I have said so much as to the causes
which led to the war with Persia, and though by no means
able at the present moment to state what may be its
issue, I may say that the Persian ambassador has within
the last few days solicited an interview with Lord Cowley
at Paris ; and at that interview expressed the desire of
his Government to re-establish peaceful relations with this
Government, stated that ho had fall powers to negotiate,
and wished to know the conditions upon which it might be
done. Her Majesty's Government has not hesitated to re-
ceive these overtures, and if we find the powers of the
Persian ambassador equal to the circumstances, I have no
doubt we shall enter into them, and that they will lead to
a successful issue. We have no wish whatever to be at
war with Persia, or to injure her ; all that we want is a
sufficient guarantee that any relations we may enter into
with that Power shall be fulfilled. I must express my
entire dissent from all that has fallen from the noble earl
opposite (Earl of Derby) with respect to the Chinese war.
I think there is not the slightest doubt that the course we
have pursued has received the full assent of the country.
With respect to the lorcha, I believe she was to all intents
and purposes a British vessel. It is perfectly true that
her registry expired four or five da3 s before the attack was
made by the Chinese ; but, my lords, this fact does not
the less render her a British vessel—it certainly con-
ferred no authority on the Chinese to board her. The
noble earl then read the ordinance of the Colonial-office
with reference to the r ,gistry of foreign ships showing, that
the act of registry entitled a vessel to British rights for a
year from the date of such registry, and providing that,
should the registry expire while the vessel was at sea, it
was to be renewed immediately upon her return to port.
The noble earl then continued —That, my lords, was just
the position in which the Arrow found herself upon enter-
ing the pert of Canton, three days after her registry expirad.
Earl GREY-- War that communicated to the Imperial
commissioner ?

The Earl of CLARENDON---It was, and the Imperial
commissioner made no objection to the fact at the time.
It could not he said that. the Arrow was a national vessel,
because, in the first place, the word lorcha was not of
Chinese, but of Portuguese origin; arid, in the second
place, she ha 1, in accordance with the ordinance regula-
tions, her name painted in large characters, Roman letters,
on her port.

The Earl of MALIIESBURY—What was tit date of
the registly ?

The Eat of CLARENDON—Tim 3d of March, 1855.

The day she was b etrded she was in possession or a British
rea,ister, and had the British flag flying. The Chinese
went on board to claim one man out of a crew of 14, woo
was suspected of pira, T. They carried off 12 out of the 11
to make sure of this one. The master of this vessel, an
Englishman, protsstea against the seizure of his crew, and
immediately mai° it known to the consul. The consul
appliait to the officer who took the men off, bat was threat-
ened with violence if he persisted. Application was next
made to the Chinese commissioner, which, like every other
application, was treated with contempt. He, however, sub-
sequently sent the men hick, but the consul vary properly
refused to receive them, red demanded that they should be
restored to the vessel tram which they were taken, because
it was vary well known that, if he accepted anything less
than he had deniauded, it would have been regarded as a
triumph, arid have led to fresh insults. The ael itish au-
thorities were not disposed, however, to do more tba:n was
absolutely necessary. They demanded that as apology
should be made —arequest which was treated with coetern pt.
The matter was thou placed in the admiral's hands, and
a'l that he did, in order to mark his sense of the disregard
of our representations and the violation of treaty
rights, was to take possession of one of the war junks of
the Chinese Government. Before oven that course was
adopted, he took the precaution to have the opinion of the
Queen's Advocate at Hong Kong as to the legality of the
paeceeding. The Queen's Advocate was very decided upon
that point, and the junk was taken. The Imperial Com-
missioner determined not to make any apology, and abso-
lutely refused to hold any direct intercourse with the ad- I
mind, or any officer in her Majesty's service. The admiral
then proceeded, not as the noble earl (Earl of Darby) says,
to the destruction of Canton city, and indiscriminate
slaughter of the inhabitants, relying upon the misinforma-
tion of which he (the Earl of Derby) has given frequent
evidence in the course of his speech; but to the taking of
one fort after another, at each step still offering the Impe-
rial commissicner the opportunity of making an apology.
There was, my lords, no indiscriminate daughter; but, I
say that the non-access to the authorities at Canton has
been the cause of the quarrel, and of our determination
to enforce the observance of treaty rights, which we had
suffered to remain too long in abeyance. The Chinese
system not only impedes all direct transaction of business,
hut compels our merohauts to conduct their transactions
through alien and dishonest agents; they can get no satis-
faction for the infraction of treaties, which are constantly
occurring, and the general feeling there is that, so long as
strangers are kept out of Canton, so long will all improve-
ment, social, political, or commercial, be impossible. The
continuance of the system at Canton leads to ever-recurring
riots and disturbances at the four other Chinese ports which
are open to us; and for that, if for no other reason, Canton
should be placed on the same footing as the others. My
lords, there is one remarkable feature connected with these
transactions—namely, that although upon many other
points the different representativss of other countries dis- '
agree, they hive been unanimous in their opinion that the
course pursued by theßritish authorities at Cantou was just
and necessary, and that it, sooner or later, must have come
to this. The greatest cordiality prevails between the other
nationalities at Canton, including the Commodore of the
United States. I can only hope that in this, as in former
instances, the assertion of our rights, and our standing up
for our ilag—which is, my lords, our only protection
in that country—will not only be successful in obtaining
what we demand, and the recogaL ion of those rights, bust
a great extension of our commerce with that country,
(Hear, hear.)

Earl GREY agreed with the noble earl opposite (the Earl
Derby) as to the desirability of their lordships being u:a-
isiiiomno;u
thieurevowteirong, hthe w
eAvde dr
,r
occasionse s s
inegh of
men en
3:t-
act from higher ma
He found in the
sent, in his opinion, was one of them.
tives than mere courtesy, and the pre
in which ho felt e
Address so ably moved and seconded by his noble friends a
passage relating to the Persian war,
c,,uld not concur ; and as it was his intention to move an
amendment upon it, he would confine his observations ex-
clusively to that point. The paragraph to which he referred
virtually assumed the policy and justice of the war, and it
made the house assure her Majesty that it participated in
her regret that the conduct of the Persian Government bad
led
to "Lill" between her ill.,jeAy and the Shah of
Persia, and assuming that the Shah was entirely to blame.
En reference to that point, ho caul i not agree with the
Address. He had, however, another objection. It made
no reference to the conduct of her Majesty's Government
as to carrying on the war without advising her Majesty to
provide for the support and advice of her Parliament.
(Hear.) He could, not regard the present war asbsing either
just or politic. The violation of an agreement existing be-
tween this country and Persia, was made the ground for a
war, but he would ask their lordships whethera war would
always be vindicated upon the ground that an engazement
had been broken ? It wag not true that between nations
every breach of engagement, without reference to the na-
ture ofiltpohant
the
egaignaegmneinut
(jiensotfifietthl:
iwntea;:estltidnevpoillevnedde,dlc
en-
tirely
of obtaining redress
the possibility er otherwise)
If such were tlir milder
(blear, hear. not o case,
means.
pow
he
out to their lordships that there
would afforded
da constant pretence for the en-
croachmenterfnl States upon their weaker
neighbours. Such a policy had indeed been a sub-
need
b hardly
e
a ,ainat ,Runia, and in India a similar
iof P
ject of reproach aa

accusation bad been preferred against this country.
If Parliament was not prepared to give up its rights, then
he would say that it was th,dr duty to censure the conduct
of the Government in this z espect if they were not to set
aside, as obsolete and of no avail, a century and a-half of
Parliamentary Government. He said the Government,
by the course they bad pursued, had justly incurred the
censure of Parliament. It was with these views he was
now about to move an amendment to the Address. Ho
had endeavoured to convey that censure in terms of the
greatest moderation, and he would now proceed to read it.
The noble earl concluded by reading his amendment as
follows :—" Humbly tci nform her Majesty that, while we
deplore that occurrences and tranactions have led to hosti-
lities between her Majesty and the Shah of Persia, we also
consider it our duty to state our regret that, when the ser-
vants of the Crown gave orders for an invasion of Persia by
a British Lrce, they did not advise her Majesty to call her
Parliament together, so that Parliament might have an
opportunity of giving any advice that upon such an occa-
sion might be required."
Earl GRANVILLE—I cannot help thinking that the
ples, put forward by the noble earl the mover of the Ad-
dress, who in his first speech has given such great promise
that hEuwill be a future ornament to this house, and by the
noble earl who so ably seconded it, of not going tco deeply
into questions put into the Queen's Speech, is a most wise
and judicious course. I cannot but think when you have
gone deeply into those questions, without having had time
to read the papers which, in a very short time, will belaid
before your lordships, you cannot avoid conversations
which can only be contradicted by the opposite party.
With regard to the point urged by the noble earl (Earl
Grey), as the casus belli of this expedition against Persia,
thenoble earl thinks that the whole of this ca sus belli de-
pends upon certain engagements made between the Shah
and this country. Now, I believe that, under certain cir-
cumstances, when any one nation breaks off engagements
which it has made with another nation, that of
I itself would form a casus belli. and I hold that

in this case there was reasonable grounds for a
military demonstration. If the noble earl had only
waited for the papers he would find that not only the pre-
sent Government, but also that of my noble friend oppo-
site (the Earl of Derby), did intimate to the Persian
Government that, in case the Shah persevered in his de-
signs upon Herat, that would be esteemed a cases dli.
The noble earl objected strongly to the sort of engagement
entered into by this country and the Shah, and said such
engagements were perfectly inconsistent with European
law. It appears to me the noble earl is quite wrong. Ara
there no cases in which aggression against another power is
made a cases belli by the nation which has engaged to pro-
tect that power ? I believe one of the most approved cases
of this sort is the engagement entered into between France
and England to protect Sweden from any invasion. The
noble earl might not perhaps approve of that guarantee,
but there was not the slightest objection to it by either-
Houses of Parliament, or the country. The noble earl says
the first aggression against Herat was unjustifiable, bat I
must say that the noble earl's opinion was not shared by
the noble earl the Secretary for Foreign Affairs. The
noble lord has brought furfard the bugbear of Russia in-
terfering in India. I, for one, am not inclined to attach
much importance to the possibility of Russia pursuing an
aggressive course at a long distance from home. lam the
more justified in this opinion from recent events, and I be-
lieve it is the num sous desire of the members of the Rus-
sian Government Its *Allis matter should be arranged as
soon as possible. Herat, my lords, brae long been consi-
dered a place of great importance, and the sine qua non of
a war with India. I ask, therefore, what would be the
consequence if Russia were allowed to make it her strong-
hold ? The noble lord says that it is in its finances the In-
dian Government will be attacked; and I ask them if Herat
is not the very place where troubles and alarms could be
best fomented to disarrange the finances of India ? The
noble lord next proceeded to a point on which he always
speaks with great force, namely, the justice isof the under-
taking. Now, if any war be justifiable, itthat under-
taken in self-defence, and if we can assume in the present
war danger, either direct or indirect, to our own territo-
ries, that consideration will be sufficient to constitute the
question one of self-defence. Who, he asks, are the aggres-
sors ? He says the English Government. I deny it. The
Persians are the aggressors. (Cheers.) The noble lord then
went on to the question of whether it was to be considered
an Indian or a home war. It is in my opinion more Indian
than home. The noble lord, too, complains of the illegality
and unjustifiable character of the proceeding, because the
war has not been regularly proclaimed ; but if he will look
to other wars, the Affghan and Chinese wars for instance,
undertaken while he was himself a member of the Cabinet,
he will find that there was no such thing as a royal procla-
mation. Indeed, the best authorities upon international
law mention that the proclamation is not necessary at all.
It was not necessary as regarded the power of waging war,
and is merely done out of courtesy to the enemy. The
only persons at all interested in it ere the neutrals, to
whom it is a notice that they may not expose themselves
to injury from either of the belligerents. I do therefore
think that her Majesty's Government should rather
be considered as having followed the usual course
than of having adopted a new one of their own. The noble
lord, too, has observed in his speech that her Majesty's
Government should have summoned Parliament earlier,
and submitted the whole question to their consideration.
Now, my lords, with regard to the expense of hostilities,
the noble lord says it will not be borne by the Indian Go-
vernment ; but I would remind the noble lord that the
salary of our Minister at Teheran is in part paid by the
Indian Government, so that he is as much in the Indian
as in the home interest; and I may tell the noble loid that
her Majesty's Government bas pledged itself that Parlia-
ment will contribute for the conduct of the war whatever
may be fairly borne by this country. I would request,
too, the noble lord to remember another fact, which is
this. During the last session of Parliament a distinct inti-
mation was given by the right hon. gentleman the Presi-
dent of the Board of Control that such an outlay might in
all probability be required. The noble lord shakes his
head. It is, I admit, no reproach to him not to have read
the reports of the proceedings in the other house of Parlia-
ment ; but if he thinks fit to bring this subject forward
again to him the papers relating to it are in your lordships'
hands, I shall be ready to meet him upon it. But Ido not
think he is lesions in pressing on this amendment before
the papers are laid on the table of your lordships' house,
and after the intimation he has received from the noble
earl that there are negotiations on foot for the settlement
of the question, which may be prejudiced by a hostile vote,
The Earl of DERBY had nu objection to area to the
Address, if it did not pledge the house to any opinion upon
file justice of the question.
Earl GRANVILLE remarked that the house in it only
thanked her Majesty for the information with respect to
the war.

Earl GREY—The Address is drawn in this form—that
we iegret that the conduct of the Shah of Persia has led to
hostilities, whereas I say it is not so —it is the conduct of
her Majesty's Government which has brought them about.
Earl GRANILLE—The noble lord is confounding two
, distinct paragraphs.
Lord BROUGHAM said he hoped and trusted that it
would be found, when the whole matter came before their
lordships, that they—or rather, he ought to say, their
agents in the East, and especially is China—had not been
picking a quarrel for the sake of obtaining an advantage.
(Rear, hoar.) Upon no point which had occupied fatten-
tentioo—he alluded to the affairs of Naples—did he think
that they had done either too much or too little; bat he
wholly approved of the Government not having gone fur-
ther in the matter. He would pretest, not against the
conduct or the principles of the Government, but he would
protest against what appeared to be a prevailing notion
oet of doors—e. notion amongst many, who were led away
by their feelings rather than by their judgments—that it
was the vocation or mission of this country to interfere
or meddle with the internal affairs of foreign countries, to
restrain the conduct of foreign Princes, and to direct the
proceedings of others. Ile felt that it was not the
vocation, or mission, or any part of the vocation, or
, mission, of this country to propagate constitutional
government ali over the world. • (Hear, hear ) He
might lament that the people of other c aintries had not
the same incalculable benefits which the people of this
country enjoyed; he might lament that other countries
had Princes who committed acts which all would con-
- Idemn ; they might be of opinion that, even if those Go-
vernmeuts abstained from such conduct, oven if they
granted amnesties—and in this ho (lid not allude to the
Emperor of Austria, but to a Sovereign more south in
Europe—that those amnesties, though extended to vie-
! time of oppression, would signify little, so long as those
I unhappy subjects did not enjoy constitutional govern-
ment. To remonstrate, however, was as far as they could
I go, and not one hair's breadth further ought they to, go
for the purpose of procuring for those nations better insti-
tutions than those which they unhappily possessed. Eug-
land had no mere right—no more vocation—to plant
parliaments all over Europe, than the French Conven-
tion of November, 1792, had to surround France with
republics. Of the Speech from the Throne it could not be
said, as was once said by a King's gardener, namely,
"that they might look at everything and touch nothing."
Ho would shortly refer to the excitement which now
prevailed over the country in reference to the in-
come tax. He had been asked to preside at a meet-
ing, and to exert his influence against this tax. Ho
had on a former occasion done his duty in showing that this
tax ought to be modified, so as to make distinctions in its
assessment. It might now be said that the necessity for
this tax had not yet ceased ; but he had a full recollection
of another period—that of 1816—when he hal not the
honour of a seat in that house, but when he and his la-
mented friend Mr. Baring, afterwards Lord Ashburton, led
an attack against the income tax. The estimates had been
prepared at the beginning of the session in the usual way,
and the Government promised the utmost economy con-
sistent with the public service ; but ;a short and decisive
campaign took away between 14,0120,0001. and 15,000,0001.
from the supply, and subsequently the Chancellor of the
Exchequer decided to take off the war malt tax, about
3,000,11001. more, making together 18,000,0001. reduction.
The new estimates had to be prepared upon the principle
of " cutting your coat according to your cloth." Th, re never
was a time when an amendment of the law was more want-
ing. That some change was necessary in the mode of dealing
with prisoners was proved by absolute experience, and if
increase
of were not done soon, a very considerable
of our police force would be required. He trusted their
lordships would attend to the representations which had
been made by the conference on mercantile law, because
they were the result of experience acquired by the mercan-
tile classes, who suffered in consequence of the defect of
the existing law". (Hear.)
___

•
The LORD CHANCELLOR said ho wished to detain the
house a few minutes in consequence of what had fallen from
his noble and learned friend. He thought their lordships and
the country had a right to know what it was the Government
contemplated in the naturo of law reform. In her Majesty's
Speech law reform was indicated very vaguely, and that was
done intentionally, because he felt the force of what had
fallen from his noble and learned friend, that great promises
in the Royal Speech of numerous projected reforms were,
unfortunately, tso generally followed by very little per-
formance. In directing their attention to the measures of
law reform which were most called for, it occurred to the
Government, and himself in particular, that the reform of
the Ecclesiastical Courts was the subject that demanded
their first attention—(hear, hear)—net only on account
of the importance of the subject itself, but because
it was a question which, from whatever cause, had been taken
up nnsuccessfnlly by every successive Administration for the
last 25 years, and therefore it had always been an obstacle on
the threshold of every law reform. On that day week he
should call the attention of their lordships to the subject of
those courts, with the view of introducing three bills—one to
reform the testamentary jurisdiction; another to reform the
laws of marriage and divorce ; and the third on subjects of a
more ecclesiastical character, touching discipline and matters
of a cognate nature. In the other House of Parliament a no-
tice had been put on the votes that very evening, by his learned
friend the Attorney-General, of his intention to introduce a
bill altering the law with regard to gross breaches of trust,
of which two or three instances of late had staggered the pub-
lic. Their lordships were aware that, some three or four years
ago, a bill was introduced for the registration of the transfers
91 laud. It did not meet with the approbation of the other