Star.
London, England, 1818-02-10 00:00:00

cases where slaves were actually ford on
only because without such a provision
aity of the cases that would have been
before the tribunals, would have been a cause
1 complaint, but because that principle
to contended made the character of the
now agreed upon such as would be most
Luce the other Powers generally to come
Len the French Government resolved upon
in, he had no doubt it did so in the largest
with the determination of following it up
mores as were necessary to make it quite
Penal laws were the measures required to
ipulated abolition effective ; and these he
at had been passed, and of such a nature
,reduce the desired effect. Portugal had
example of France in this respect ; and
:ognized the principle in the present Treaty.
slition was important, those laws of regu-
dome the Abolition were ten times more
for without them the Abolition was but a
sat made these regulations of still greater
was, that the Slave Trade, as carried on
Abolition hail commenced, was stained
deeper horrors than before the Abolition
lopted by any State. One very important
settling the present Treaty had been the
tribunal to try offences against the treaty.
is, it was evident that a mixed Tribunal,
le Judges should be subjects of the nations
was by far the best. On this principle,
such a tribunal was established. The
)jects both of the captors and the captured,
the Judges ; and they were empowered
srnmarily in questions where the issue was
Laves were actually found on board a vessel
When the other measures were followed
appointment of such a tribunal, he thought
allowed on all hands that very little was
lone in the way of negotiation. Stilt the
te greatest importance was, that the Power
agreed to the Abolition should follow it
;illations to enforce it under heavy penalties.
the adoption of such regulazians Involeed,
:ulty. Arrangements were now in prb
his purpose ; and in alluding to these an
its he could not omit to notice the great
and ability manifested by our Representi-
Court of Madrid (Sir Henry Wellesley),
the person who fulfilled the official duties
temporary absence from the Spanish
difficulty of making effectual regulations
id he alluded to, might be estimated by
how long it was before they had been
this country ; and the difficulty must be
every country whiCh had extensive corn-
I colonial interests to attend to. To prove
was not the only object with the Spanish
in acceding to the present Treaty, it
for him to mention, that the Merchants
had offered to the Spanish Govern-
premium for rejecting the Abolition, a
Ames as large as that stipulated to be paid
present Treaty for effecting the Abolition
hear, hear). As to the pecuniary part of this
begged it might be recollected that in
the unanimous approbation of the House,
was made to Spain of pa premium of 850,0001.
of 10,000,000 of dollars, to induce that
r abolish the Slave Trade North of the
that time the total Abolition of the Slave
;pain was so far from being expected, that
even thought of. He therefore hoped that
. would come to the question upon the pe
, part of the present arrangement with a fair
aeration of the advantages obtained, by the
and of the sum which the House was willing
s a former occasion for much smaller ad-
At the same time he felt bound to say,
not because the Court of Spain was not
of the Abolition that the payment of any
stipulated for. He believed that Court to
iy desirous of the Abolition ; and the same
te, , was convinced, pervaded the other Euro-
Courts. Since the Declaration of the Congress
a general feeling had been diffused in fa-
te abolition. It was a sure proof that this
was at least as strong in Spain as e'sewhere,
great a body in that State as the Council of
.dies had declared in favour of it. In settling
pecuniary part of the Treaty his Majesty's Go-
nrnent found themselves very much embarrassed
the
magnitude of the offers made by this country
Spain in 1815. After such offers, it must natu-
ly be expected that Spain would be averse to any
ms less favourable than those before offered.—
t then, on a representation that the state of this
miry after an expensive war did not enable it to
so large a sum even for so desirable an ob-
we had purchased safety at so high a
that we could not now afford so large a sum as
.ly for the attainment of a moral object. It was
a representation of these circumstances that Spain
agreed to take a sum so much less than that
ich we had formerly offered for the same purpose.
nth respect to the mode of payment, it was agreed
it should be made at different times, and peri
with the progress of the Abolition—that a part
the sum should be paid in a short time, but the
mcipal part not till the Abolition wac effected.—
. hundred thousand pounds was the total sum to
paid, and he thought the amount would not be
cared unreasonable. It was to be considered that
lean
one half of the amount of this sum would, in
case, have been payable from this country to
Baia as the value of vessels captured which had not
ecmdeamed. All claims, in respect to such ves-
-5) were released, on consideration of this sum of
~000/. so that, in fact, the suns paid for the Abo-
:on amounted to no more than 200,0001. (Hear.)
latever difference of opinion might arise on any
La
.of this Treaty, he trusted that no question re-
tatting the present state of South America would
mixed up in the present discussion. Future
op-
en:tides would occur, when that subject might be
'aaappropriately treated of. But, on the present
he was particularly desirous that a feeling
cordiality might be shewn towards the Spanish
iv ernir.eat for what it had done in this Treaty ;
' the Rouse woula look at the commercial saeri-,
made by Spain ; that they would consider Spain,
treeing to this Treaty, as having entered into a
cud of union with us on the great subject of Abo.
fin. It would he unfair, in every poem of view,
1° zit up an- tales:ion cencerning the state of Satoh
with the pre.Feat aist
uss.onbecause it would

prevent a proper view from being taken oP either
Subject. What he considered the most important
part of the Treaty, as that which would have the
strongest operation in attaining the ultimate object,
was the mutual right of search as established brit.
So long as the Spanish flag was a protection to the
Slave trader, it would be in vain to expect that any
thing effectual could be done to put an end to the
traffic, except merely in our part of the West Indies,
for in the Spanish colonies, and in the southern parts
of the United States, it would have found an asylum,
and would have been carried en probably with more
horrible atrocities than ever. It therefore seemed to
him, and ht hoped it would be the opinion of the
House, that the stipulations in the present Treaty
were of such a nature as tended very closely to that
final success of the Abolition which was not far distant.
—lt was his intention first, to move a Resolution
stating it to be the opinion of the Committee, that it
,was expedient measures should be taken for carrying
this Treaty into execution. Secondly, to move that
Bills be brought in for that purpose ; and he would
follow up these two motions by a motion in the Com-
mittee of Supply, that the sum of 400,0001. be grant-
ed to carry the Treaty into effect. With respect to
the second part of the motion, it would be necessary,
on account of the right of search which was to be
granted, being such as would so far affect the pre-
rogative of the Crown, that the authority of an
Act of Parliament would be necessary. To such an
Act, made with such views, he could not anticipate
any objection. It would be a great example to the
world, that the Power, which of all others in the
world is the most jealous of its maritime rights,
should be ready to make those rights give way for
the purpose of preventing their being made a cloak
for the perpetration of those horrible crimes, which
were inseparable from the Slave Trade. The Noble
Lord concluded amid cheers from all parts of the
House, by moving a Resolution, that The Coen-
mittee deem it expedient that measures should be
taken to carry this Treaty into execution."
Sir GILBERT HEATHCOTE was sorry to dis-
turb the unanimity of the House, but feeling as he
'did the distressed state of the country, he could hot
consent that the sum of 400,0001. should be paid for
any purpose to a foreign Court. He would wish
the House to consider, that if this sum of 400,0001.
were laid out in Great Britain among the helpless
and the poor, it would afford a relief to the extent
of 251. to no less than 16,000 persons, or 501. a piece
to 8000 persons--and yet a sum which might be dis-
posed of se advantageously to the poorer part of the
people of Great Britain was to be paid away to a fo-
reign Court, which, if he knew any things of the
people of England, was far from the most popular.
It was said, indeed, that in consideration of this sum
the Slave Trade was to be abolished. No man more
heartily detested that unknown traffic than he did.
But it really did appear that Spain had the power of
enforcing that Abolition, for which she stipulated
on the present occasion. Without entering into a
discussion on the state of South America, he would
only observe, that it was notorious that the colonies
of Spain in that quarter were in a state of revolt, and
might beome independent States. If these colonies
succeeded in the contest, what would remain to
Spain ? Only Cuba and some other such small de-
pendencies. If thisshould tutu out to be the case, this
Treaty would be very far from being the means tithe
Abolition which it was held out it would effect.—
There was, therefore, no good ground for making a
call upon the pockets of the people for this 44)0,0001.
It would no longer do for this country to be the pay-
master of Europe. At the same times he wished it
to be understood that he considered the traffic in
slaves as most detestable and inhuman—that no man
more cordially approved of all measures for its total
abolition ; that no man, more honoured the efforts of
an Honourable Gentleman (Mr. Wilberforce), who
might be said to have devoted his whole life to the
attainment of that object, and had thereby immorta-
lised his name. But he could not consent to any
grant of-the. public money to a foreign Court, even
for the purpose of putting down the Slave Trade.—
If our coffers were replenished, the case would be
very •different, and he would allow the Noble Lord
to take a million if he pleased ; but as things now
stood he would object to the advance even of four
hundred thousand pence. He would, if he followed
up his feeling on this point, move an Address to his
Royal Highness the Prince Regent, praying that this,
Tieaty, as far as it related to the payment of four
hundred thousand pounds to the Court of Spain,
might nia. be fulfilled. But as he did not mean to
move an amendment he would content himself with-

thus entering his protest against granting such a sum.
Mr. WILBERFORCE said that the Honourable
Baronet who spoke last did not fairly state the ques-
tion. It was not whether the House should vote
400,0001. to the Court of Spain, or .501. to each of 13,000
poor persons of the people of England. He would
appeal to the good sense of the Honourable Baronet,
whether putting the question so was not making it
seem as if the sum of 400,0001. if not granted to
Spain, would be granted to the people ofriland ?
On the contrary, the question was whether such a
sum should be advanced to obtain a great moral be-
nefit—to obtain a great commercial advantage to the
nation at large ? The Treaty was made, and must
either be accepted subject to the condition of paying
the money, or rejected altogether.—(Hear, hear.)—
It was also to be considered that if this sum were not
paid, the Abolition by Spain would not be obtained.
But in point of fact, as his Noble Friend (Lord Cas-
tlereagh), had explained, only one half of this sum of
400,0001. was an actual payment, for to the other
half Spain would have been entitled as the value
of :captures uncondemned, even if this Treaty had
not been made. The question as to the money then
was reduced to the sum 0f200,0001. As to the whole
Treaty, it met with his most hearty approbation.
—When he considered the long course of diplomatic
attention which the Noble Lord had bestowed on this
great subject, and the great ability and success which
had attended his efforts in the cause, he could not
but feel how much was due to the zeal and the ta-i
lents of the Noble Lord. For his own part, be was
, sanguine enough to expect that he might live to see
j this country reap the benefits of a commercial inter-
course with that people who had been so long the
victims of so barbarous a trade. Even already was
such. an intercourse begun. It was the fashion to
disparage the principal Colony on the coast of Africa
^Bat when he considered that there was there a com-
munity now ivnc•lr.:ing to I o,oooor 11,000 fret pee-

'sons, mo!tly negroes, he could not but look forward
to the erteasket of such e.settlernent, and to the pro-
digious comar.rcsl;racriantaF which would be
re theby obt+Pft uch of, success which had
attended the nvoctilition wi Spain must be attri-
buted to whit bad: been done at the Congress of
Vienna. It was the Declaration that issued from
thence which made Spain and Portugal completely
ashamed of the traffic. He could not think the sum of
two hundred thousand pounds (fir in fact it was no
more) was a great price for the Abolition by Spain,
secured in the present Treaty., as it would proba-
bly be necessary to dispose of the larger part of
that sum as an indemnity to her Merchants.-
-But the question was not so much about the pecu-
niary part of the arrangement. The gist of the'
whole was, whether the Slave Trade should be abo-
lished or not? He could not but look forward to the
time when the various powers, acting in conceit,
would completely effect the Abolition, and when the
Slave Trade would be called by the name which it
really deserved—Piracy—and not only called by the
name, but visited by the punishment—(hear, hear.)—
Even on a dry commercial calculation, he was Con-
vinced that the sum stipulated by the present Treaty
would produce advantages, to us of a value more
than commensurate to as amount. But above all,

when it was considered that a higher and nobler ob-
ject was to be attained, surely no objection would be,
made to it. The sum of all was this—that if it 'was
at all intended to go on in the work of abolition,
some such arrangement as that under consideration
was absolutely necessary. It was not enough for us
to have discontinued the traffic, if others were to
carry it on. It was not until it was universally abo-
lished that the commercial advantages of the trade
could be felt, by opening the resources of Africeto
the nations of Europe for their mutual benefit. En-
tertaining these views, he could only say, he entirely
approved of the Treaty ; and he trusted enough had
been said to prove that it was advantageous and wise,
and honourable to this nation—(hear, hear.)
Sir OSWALD MOSELEY said, that no man felt
more strongly than himself the obligations which
every true friend of humanity owed to the Honour-
able Gentleman who spoke last, for his constant and
unremitting exertions to put down the most disgrace-
ful traffie in Slaves ; but of the same time he felt
'that in the present situation of the country, the con-
dition annexed to the present Treaty involved a pe-
cuniary sacrifice which we were not in a state to
make. The present Treaty was no more than an
acceleration of that Abolition which Spain had, at
the Congress of Vienna, promised should take place
in eight years. He would ask whether, in the pre-
' sent state of our finances, it would not have been
I better to allow the eight years to expire than to pur-
chase the acceleration of abolition at such a price as
£400,000 ? The pre sent condition of Spain, with
relation to her colonies, afforded no very satisfactory
grounds to expect that she would be able to effect
that Abolition to which by this Treaty she was
bound. And then, forsooth, if the colonies were
successful in their struggle, and established their
independence, we must have new treaties for Abo-
lition with them, and pay a new price for it.—
As to the advantage which the Honourable Gentle-
man (Mr. \Wilberforce) expected from the trade with
Africa, he could not help thinking they were over-
rated. He would ask, whether ranch money and'
many lives had not been sacrificed in endeavouring
to establish a colony at Sierra Leone?—(" No, no!
&one several parts of the House.)—lf the Honourable
Gentleman examined his memoranda in his closet, he
believed he would find this statement correct. As to
the other parts of this Treaty, he did not object; but
thinking that the stipulation in it for the payment of
400,000/. was one of the most impolitic, nefarious,
and ruinous, ever entered into with any foreign power,
he should feel it his duty to take the sense of thel
House upon it. ,
Lord CASTLEREAGH said, the Honourable Ba-
ronet who spoke last was mistaken, in stating that
Spain had agreed, at the Congress of Vienna, to abo-
lish the Slave Trade in eight years. There was no
such agreement or engagement, although that period'
was the one mentioned as that within which Spain
' esight probably be able to effect that abolition.
Sir O. MOSELEY still thought it was not our duty
to teach Spain humanity.
Sir JAMES MACKINTOSH would have been!
contented to give a silent vote in favour of this
Treaty, were it not for the sentiments expressed by
the two Honourable Baronets who spoke on this ques-
tion. He concurred with both of those Honourable
Baronets in their views of economy. He concurred
also in their wishes for the emancipation of South
America, and if he did not say more on those sub-
jects, it was because he thought no higher one could
' engage the attention of the House than the Abolition
of the Slave Trade. The most important part of the
itsesent Treaty was, that it not only bound Spain to,
the abolition, bin provided the means of enforcing
that abalitiaa. He wondered very much that the
Honourable Baronet who spoke last, thinking, as he
seemed to do, of the good faith of foreign govern-
should not see the i rtance of this part of
the Ti,eitkr which.gare trs power of enforcing
fulShnent. He could na,t, utt .concur in the greater
part of' what had been said. y the Noble Lord (Cas-
mre
dereagh) on this subject. He thought that ,the Bri-
tish flag, which had never been lowered to any Power,
to which we had always clung as a point of national
honour, now rose higher than ever, as bending only
to the rights and duties of humanity—(Hear, hear).
—Our jealousy on that subject was gone, where the
interests of hirmanity interfered. Our pride was sus-
pended. That which had resisted the powerful and
the mighty, was now lowered to assist the feeble and
the defenceless—the hapless victims of barbarity—
those who perhaps would never know the sacrifice
which we made on their behalf—(hear, hear). He
heard with great pleasure from the Noble Lord, that
411 the European Powers had resolved to put an end
Fto the Slave Trade ; he had heard with particular
„pleasure the Noble Lord's statements respecting the
conduct of France, because some doubts had been
thrown upon the heartiness of her concurrence, or
her acting up to her stipulations respecting the Abo-
lition. Those doubts arose from the letter of Prince
Talleyrand, iaJuly, 1815, announcing that the Slave
Trade was to be discontinued ; and the Treaty in
November following, which stated that the Trade
was abolished in all the territories of France ; and
yet it afterwards appeared on certain proceedings in
thesAdrniralty Court, that up to January, 181 S, no

actual measure bad been adopted for carrying Ott
Abolition into execution, excepting one partial Cohn
nial regulation. Those who knew nothing of thit
diplomatic arrangements implied from these circune,
stances that there was a want of good faith on the
part of France respecting the Abolition. He could
not but notice the laudable and early activity rnani,
fested by the Court of the Netherlands in the cause
of Abolition—the more laudable when it was consi-
dered that the Colonial system of that Power being it*
proportion far more extensive than any-other in the
world, it necessarily involved a more considerable
commercial sacrifice by that Power than any other.-
-He should vote heartily in favour of the present
Treaty, because it established the right of mutual
search, and because it followed up the pledges of the
House in its repeated Addresses to the Throne to pro.
ceed in the great work of the Abolition. Connected
with the right of search as established in this treaty,
were the principles laid down in a late celebrated
decision by a most Learned and Right Hon. Gentle-
man (Sir William Scott).4thom it was not too much
to call the highest authority in Europe upon questions
of international law. (Hear, hear.) The decision to
which he alluded, was in the case of the ship Louis,
and as some misunderstanding prevailed as to the
principles of that decision, he took this opportunity
of stating what he conceived to be the principles laid
down in it. As he understood it, a cruiser otherwise
duly authorized, was empowered to detain any ship,
under whatever colours, if there was strong ground
of suspicion that there were slaves on board ; and if
the suspicion turned out to be just, the Hag fraudu•
lently assumed by such a vessel was to be no protec-
tion, nor would it prevent her condemnation. The
detention would be at the Officer's peril on the cir-
cumstances of the case ; but under such circumstan,
ces it would be lawful.
' Mr. CHARLES GRANT, jun, thought that the
judgment alluded to by Honourable and Learned
Gentleman who spoke last, admitted of no misunder-
standing of the principles laid down in it. if he
might venture to add any thing to what was so elo-
quently said in laying down those principles, it Would
be by referring to the right of belligerents as agrinst
neutrals. Under whatever semblance a vessel might
appear, if there was ground to think that she was a
neutral transgressing, the belligerent has a power to
detain and search—a power, indeed, to be exercised
at the risk of the ?arty so detaining and searching,
but the power and: the "right was unquestionable.
The check to insolent and vexatious inquiries was not
by prohibiting all inquiry, but by following, up by
punishment such as were vexations. With respect to
the Treaty before the House, the only objection made
to it was on the ground of the money which' was to
be paid to Spain. To what might be said oldie ap-
plication of the money by Spain, or to money being
the only thing which could induce that Court to
agree to the Abolition, it was enough to refer to the
offer of the Havannah Merchants, who offered
2,000,0001. for the continuance of that traffic which
Spain had now agreed to abolish for 400;000/.-
-When he looked at the. Treaties *bleb had been
lately made, as relating to the Slave Trade; and. corn-
pared them with those of former times, the compari-
son was most consoling to humanity. About a hun-
dred years ago, our whole diplomatic skill was em-
ployed in securing to ourselves the privilege of being
carriers to the rest of Europe in the Slave traffic.--
At the Treaty of Aix-la-Chapelle, we were hig-
gling to secure to ourselves the benefits of,:that pri-
vilege for the four years of it that then remained.
And at the Treaty of Madrid, in 1750, we took a
large sum as the price of those benefits' for the two
remaining years that they were to continue. -In short,
for the last hundred and fifty years, Africa was only
mentioned in any IYeaty as the theatrrforearrying
on this horrible traffic. So late even as the Treaty
of the year 1783, after it had allotted to the Con-
tracting Powers their various stations on the coast
of Africa, it is stated that the rest of the coast of
that country should be frequented as usual ; that
was to say, for the purposes of the Slave Trade.
The contrast exhibited by recent Treaties was to be
attributed to the march which the efforts of the Ho-
nourable Gentleman (Mr. Wilberforce) had given to
public opinion. The efforts of the Honourable Gen-
tleman had succeeded—his victory was the victor y
of peace. It used to be the pride of thit nation, that
in the Charter of its liberties, provision was made
for the freedom and protection of foreign merchants.
It was now a higher pride, that in our Treaties the
freedom and protection of the African was a chief
article in our Treaties with foreign nations-:—(hear).
Mr. BENNET professed himself friendly to the
Treaty. He took occasion to chew that France had
not acted up to the provisions for the abolition which
she had entered into in the Treaty of November,
1815. Every one knew the faithlessness of the race
which at present governed France (though he rejoiced
that her former Chief was where Ise now lay); and
he thought that the country had a right to expect
from the Noble Lord an explanation of the manner
in which the abolition of the Slave Trade was carried
on by France. He concurred entirely in the Noble
Lord's measure.
Lord CASTLEREAGH blamed the comments
made on the conduct of the French Government, as
tending to discourage that Government in its efforts
to put down the Slave Trade. He was not enough
of a French lawyer to know whether in that king-
dom, as in Portugal, any engagement entered into
with a foreign Power was considered as forming part
of the law of the country. But he knew that the
department of the navy in France was in the practice
of acting under the existing engagement, and issuing
orders to the ports to give it effect. If those orders
had hot been always strictly obeyed, it was unfair to
lay the blame on the Government. He quoted the
case of the Governor of the Colony of Bourbon,
who had been deprived of his situation for not having
been sufficiently attentive in repressing the Slave
Trade. He also mentioned that the FrenCh Ambas-
sador had applied, by order of his Court, for a col..
lection of all the laws in this country respecting that
traffic, in order to amend those of France, On the
same subject.
Mr. GORDON said, he was willing to' acknow-
ledge the great benefits which, in all probability,
would arise from this Treaty ; and even admitting
that the sum of 400,0001. was to be given only on
the ch:nce, be thought that the country would ad-
vance it, on the Chance of being deceived. The
Noble Lord had stand, that the Stave Trade would
be abolished by Spiin and Portugal; but the Bosse

, no tot
only w
complexity of
ght before the
tonuaual corm
which he con;
gement now
to induce th
ic When the
itolition,
and with th
rich measures
~e, penal I
the stipulate
• no doubt had
gnat produce t
vied the eau!
•, recognized
tie Abolition
to enforce I
portant, for wit
What ma
.irtance was,
ce the Aboliti
la much deeper
• been adopted
estion in settlir
nging a tribur
As to this, it v
hereof the Judg
• • anted, was
, such
. .Iv-subjects be
. to be the .11
decide sununai
er Slaves w
not? When
by the appoin
must be allows
to be done ix
•sat of the grey
ich had agree
• by regulauot
press the adc
h difficulty.
for this pn
••gements
['gene and ab
e at the Cour
, • also by the F
0 'rig his tern
...tn. The diffic
the kind he ;
• 'dering how
opted in this c
same in ester]
cial and cola
money was
ernment in
enough for Is
the Havannah
t, as a prem
five times a
der the present
hear, hear, hea
reaty, he beggi
IS, with the ur
offer was marl
a loan of IC
try to abol
At that ti
ride by Spain N
was not even
Rouse would
• ry part of
ideration of
rimy, and of tl
• give or; a for
mtages. At ti
• it was not
:rons of the
was stipulat
• sincerely desi
eling, he was
Courts. S
I Vianna a ge:
au of the abol
iag was at le
• so great a
Indies had
pecuniary p
ernrnent found
y the magnitu
o Spain in 181
ly be expect
erms less favc
:at then, on
ountry after t
• vance so larg
—that we
ce that we cc
errnerly for the
• a representa
d agreed tc
hich we had I
ntth respect t
it should
• with the
the sum she
• nncipal part
I mar hundr.d t
paid, and 1
med turreasi
a'- least one hal
7 ease, have
Spain as the va
beta condmr.ne
Is, Wert role
'CO•000/. so th.
•mon amounted
Thateyer differ
part of this T
specting the p:
se mixed up in
?atm:ales wou
'tire appropri.:
occasion, he w.
of coadiality
Crovernm.eai fc
flat the lloase
izes made by
a agreeing to
sod of union
Qon. It w 0.41
to mit up an- c
14te:.•:a with t