The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-02
aiken to repress it will nearly always be frus.


to claim from the government of H. b. M. the ex-
emplary punishment OF the commander of the Cor
morant and the issue of an order against the
repetition of similar occurrence; and furthermore.
urged a claim OF naturalization TO whom il may
concern, for the damages caused by said capture
and burning.
After reviewing the contents of De Souza's note.
Mr. Hudson, the British Charge, replied, and at
tempted justification of the act, stating that the
bark Santa Cruz was seized on account of being
engaged in the piratiCal traffic of slaves and was
destroyed in consequence Of being unseaworthy
nearest British Vice Admiralty Court, in order to
be tried, and that the captor Of the Santa Cruz is
Judge of the piratcal character of any
termine in view of existing proofs, whether a ves-
sci with slave deck and fitted out for that trade,
is employed or not in that piracal trade; and that
the captor of the Santa Cruz is, moreover, author
ment, based upon Art. of the treaty for the sup
preston Of the slave trade, concluded between
Great Britain and Brazil, Nov 70, 1926, to proceed
with such piratical vessels as this Santa Cruz in
such manner as he may consider best calculated
to carry out the intention OF the high contracting
parties and most in accordance with public JUS
tice.
Mr.. Hudson then expresses his surprise at the
protest oil DE Souza, when the Brazilian govern
ment were IN possession of all the facts in thee ase
After renewing the contents of Mr.. Hudson's
note, the Brazilian Minister, De Souza, denies
that the bark Santa Cruz was epployed in the
slave trade upon the occasion of her seizure, and
he believes that Mr.. Hudson cannot bring forward
any proof TO the contrary, nasmuch as by notice
given by the commander of the cutter Nacega,
dated 9th of January last, to the revenue officer il
appears that this cutter searched the bark Santa
Cruz, anchored at Bella Villa, and cleared upon a
voyage for this port, and found nothing authorizing
her seizure.
He further adds that the fact of the bark Santa
Cruz being employed in the slave trade would have
no bearing upon the question of right, brought into
consideration by the Undersigned, because, for
a
ment, of date October q 1915, against the act Of
August :, OF the same year, reasons recapitulated
and developed in many other documents and dis
cussions, the government of Ii. b. NJ has no right,
in any case, TO search and deain Brazilian vessels
inasmuch as this right was never conceded to it by
Brazil, free, sovereign, and independent nation
For this reason the imperial government, con-
sidering the searching and deteAtion of Brazilian
vessels by English cruisers acts of mere vio-
lence, which II does not repel because ii has not
the force TO repel them, has protested, and will
protest, against each of these acts of violence
which may be repeated; while il never can admit,
as reason, the first of the grounds brought for.
ward by Mr.. Hudson, viz, that the vessel was en-
gagged in the slave trade.
The convention of November %, 1876, (he only
law actually existing between Great Britain and
Brazil, with regard to the slave trade,) determines
that il shall not be lawful for the subjects of the
brazilian empire to carry on the slave trade on the
coast OF Africa, under any pretext whatever. From
this general proposition, the British government
see ks TO infer the right Of searching and seizing
Brazilian vessels, as when it thinks tit, in cases
and circumstances depending merely upon its own
arbitration; of having them tried by purely British
tribunals; Of making search and seizing in the ter
rorial OF the empire, in view OF its forts, and
within its own ports; of entrusting the decision
upon seizures not to courts but to the commanders
of cruiZers, giving them authority 10 burn them,
&c. Finally, il deduces from this general propo-
siton all the consequences which the most fertile
imagination can conceive. And this against its
own declaration, because in Art. 2 and OF that
DIT. .l.1s.
pulations were Indispensable for the regulation of
those points, which she could not alone regulate
without the consent OF Brazil, and which would
long ago have benn regulated If the propositions
and demands of the British government had been
more just, and had offered any security for lawful
This is proved by the Instructions
themselves, issued in 1874, for the guidance OF
naval officers Of III. Il. M employed in the suppress
sion of the slave trade They declare, I" no vessel
cen be seized under the following circumstances:
fraudulently assuming flag, and en-
gagged in the slave trade, II she belongs TO coun-
try with which Great Britain has not entered into
treaty, granting right Of search and capture for
the Suppression Of the slave trade
Now this treaty, granting the right Of search
and capture does not actually exist, as the addi-
uonal convention OF 1917 has expired, a fact OF
which the government Of II. Il. M. has never ex-
pressed doubt. Mr. Hudson declares, IN his
note, that the captor OF the Santa Cruz is cont
petont judge Of the piratcal character OF any
vessel, and is authorized and instructed, by en- act
OF the British Legislature, TO proceed with slave
ships accordingly as he may Judge best, with a
view OF ensurlng the extinction OF the slave trade.
II is exactly against this doctrine, and the facts
arising irom il, that the undersigned protested,
and does protest, because II Is unqualiiible
attack upon all principles of international law, aud
a manifest violation of the very act Of Parliament
upon which Mr.. Hudson rests his argument. In
order that Brazilian vessels, seized by cruzers for
being engaged in the slave trade, should be tried
by mixed commissions, in which, beside Brazilian
judges, thsre thould st English Judges, the exis-
a.. al 81 I,,Isy
was requisite This convention has expired.
The Brazilian Minster then uses a little plain
logic, and says Mr. Hudson alleges as a reason
for the burning Of the Santa Cruz, her unseaworthi-
ness. But u the santa Cruz was unscawOrthy,
how can /. be maintained that she was engaged in
the slave trade, which requires long voyages IL
sbe was unseaworthy, she could not be employed
in the slave trade. II engaged in the trade, she
could not be unseaworby Mr.. Hudson alleges
both reasons, but one neutrallzes the other.
The correspondence, after some other points are
enlarged upon, turns on the seizure and detention
OF the Brazilian steamer Paquete DE Santos by the
steamer Rifleman, OF II. b. M service.
She left Santos on the 10th of January for Rio,
and was burnt OIL Pereque by the English steamer
Riiicman
The public papers state, that, after rsid Search
not the slightest indication was found that the
Paquete de santos was destined for an elicit voy-
eye that the cargo on board was Of local nature.
and composed exclusively Of articles which are
objects Of the coasting trade between the two ports
that che had on board passengers, and stores, aud
coal for not more than three days, aud that the
captain was 80 seriously III that he could not
undertake a long voyage. as is Acknowledged even
by the surgeon Of the RIteman.
Ia a subsequent note, De SOUS says with respect
To n search made by the steamer Rifeman on board
Of the packet =. Sebastao, upon entering RIO, that
on the 23d Of January last, at O'Clock 10 the eve
ming, the steamer, leaving the strait OF lha dos
PsIos, on her way TO Rio, met the English war
steamer Rihcman, which, placing herself athwart
her bows, fired gun and hosted her flag, which
was likewise done by the :. Sebastiao that the
Ritl,man ordered her TO wait FOR a boat 70 come
on board, 10 which the =. Sebastiso returned an
swer that che could not wait, being a Brazilian
packet and ship Of war; that while the Rineman
was insisting upon her detention, two officers came
on board, and immediately upon their arrival com
menced examining the vessel, and thereupon de-
manded her pspers the commander Of the steamer
g Sebasiiao protesting against this abuse Of force,
showing the passport from the Minister Of the In
terror, and the passenger book, to which the British
officers paid no attention, desiring TO know what
was the destination 81 the recruits, etc that. the
commander OF the =. Sebastiao not being inclined
a