The Sun.
London, England, 1845-12-26 00:00:00

slave trade. Upon this occasion the capture was declared
null and void, because the right of visit and search on
the high seas does not exist in time of peace.
" Lord Stowell alleged, that, even admitting that
the trade had been actually prohibited by the municipal
laws of France (which was doubtful), the right of visi-
tation and search (being an exclusively belligerent
right) could :not, co:isistently with the law of nations,
be exercised in time of peace to enforce the prohibition
by the British courts upon the property of French
subjects.
" In pronout cing the judgment of the High Court of
Admiralty, in the same case, his Lordship held, more-
over, the slave trade, though unjust and condemned by
the statute law of England, was not piracy, nor was it
a crime by the universal law of nations.'
" In fact, if such a right be vested in any one nation,
it ought equally to belong to every nation, and would
lead to incalculable evil, perhaps to universal war.
" That this right over the vessels of other nations does
not belong to England is not only recognised, but is ad-
mitted in the treaties concluded by that country ; for in
all these such is expressly stipulated, as it likewise wa•
in the treaties concluded between Portugal and Great
Britain in 1815 and 1817, which treaties having been
continued by the convention of the 234 of November,
1826, between England and Brazil, expired on the 13th
of March of the present year.
" From what has been stated and demonstrated, it is
evident that the Act which passed the British Parlia-
ment, and was sanctioned by her Majesty the Queen of
Great Britain, on the Bth of August last, under the pre
text of carrying into effect the dispositions of art. 1 of
the convention concluded between the Crowns of Brazil
and Great Britain on the 23d of November, 1826, cannot
be based either upon the letter or the spirit of the said
article, is opposed to the most clear and positive prin-
ciples of the law of nations, and, finally, is an infringe-
ment of the sovereignty and independence of Brazil, as
well as those of other nations.
" Therefore, the undersigned, Minister and Secretary
of State for Foreign Affairs, in the name and by the com-
mand of his Majesty the Emperor, his august Sovereign,
protests, against the afore-recited Act as offensive and
unjust, and as infringing upon the sovereign rights and
independence of the Brazilian nation ; not recognising
any of its consequences, except as the result of force and
violence ; claiming at once for all and every detriment,
loss, and damage, which may result therefrom to the
legal trade of the subjects of Brazil, to whom the laws
promise, and his Majesty the Emperor owes, constan
and efficient protection.

" Nevertheless, the Imperial Government, preferring
to all other considerations the noble sentiments of jus-
tice and philanthropy, by which in all its acts it is
animated and guided, will continue to employ all its
efforts, in accordance with the laws of the country, for
the suppression of the slave-trade ; and the Imperial
Government earnestly desires that the Government of
her Britannic Majesty may accede to an agreement
which, whilst it respects the interest of the legal trade '
of Brazilian subjects, may obtain the desired end of
causing that commerce to cease, the existence of which is
deplored and condemned by all enlightened and Chris-
tian Governments.

" The undersigned, by the command of his Majesty
the Emperor, his august Sovereign, transmits this pro-
test to Hamilton Hamilton, Esq., Her Britannic Ma-
jesty's Envoy Extraordinary and Minister Plenipoten-
tiary, that the same, may be submitted to the Govern-
ment of her Britannic Majesty ; and he avails himself
himself of this opportunity to reiterate to Mr. Hamil-
ton the expression of his perfect esteem and high con-
sideration.