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

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trated.
De Souza stated further, that he had receive.
orders from H. M. the Emperor, to protest, as b.
protested, in the most formal manner, against the
capture and burning OF the bark Santa Cruz, and
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 a similar occurrence; and furthermore,
urged claim OF decentralization 10 whom II 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
and incapable Of undertaking a voyage to the
nearest British Vice Admiralty Court, in order to
be tried, and that the captor Of the Santa Cruz is a
competent Judge of the piratical character of any
vessel whatever; and that he is competent TO de-
termine in view of existing proofs, whether a ves-
sci with slave deck, and ftted out for that trade,
is employed or not in that piracal trade; and that
the capor 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 %, 1926, to proceed
with such piratical vessels as this Santa Cruz, in
such manner as he may consider best calculated
10 carry out the intention OF the high contracting
tce.
Mr. Hudson then expresses his surprise at the
protest OF DE Souza, when the Brazilian govern
ment were in possession of all the facts in thee ase
After reviewing the contents of Mr.. Hudson's
note, the Brazilian Minister, De Souza denies
that the bark Santa Cruz was employed in the
slave trade upon the occasion of her seizure and
he believes that Mr. Hudson cannot bring forward
any proof to the contrary, inasmuch 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
given in the protest of the imperial govern
ment, Of date October ~, 1915, against the act Of
August 3, of the same year, reasons recapitulated
and developed in many other documents and dis
cussions, the government Of III. b NJ. has no right,
in any case, TO search and detain Brazilian vessels,
nasmuch as this right was never conceded to il by
Brazil, free, sovereign, and independent nation.
For this reason the imperial government, con-
sidering the searching and deteHtion of Brazilian
vessels by English cruisers acts of mere vio-
lence, which II does not repel because il has not
the force to repel them, has protested, and will
protest, against each of these acts of violence
which may be repested while il never can admit,
az reason, the first Of the grounds brought fer
ward by Mr.. Hudson, viz, that the vessel was en-
gagged in the slave trade.
The convention of November q, 1926 (the 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 sezing
Brazilian vessels, as when 1t thinks TIT, in cases
and circumstances depending merely upon its own
arbitration of having them tried by purely British
tribunals; Of making search and Selling in the ter.
roria seas 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,
NC. Finally, il deduces from this general propo-
siton all the consequences which the most fertile
imagination can conceive. And this against IT'S
own declaration, because in Art. and OF that
convention, Great Britain acknowledged that sti-
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 II the propositions
and demands of the British government had been
more just, and had offered any security for lawful
commerce. This is proved by The Instructions
themselves, issued in 1874, for the guidance OF
naval officers of H. B. M. employed in the suppress
sion of the slave trade. They declare, 4" no vessel
can he seized under the following circumstances;
Though fraudulently assuming flag, and en-
gagged in the slave trade, II she belongs To couu-
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 adii-
tional convention of 1877 has expired, fact Of
which the government of III. Il. NJ. has never ex-
1
note, that the captor OF the Santa Cruz is cont
| petont judge Of the piratical character Of any
vessel, and is authorized and instructed, by an act
| OF the British Legislature, TO proceed with slave
ships accordingly as he may Judge best, with a
view Of ensuring the extinction of the slave trade.
II Is exactly against this doctrine, and the facts
arising from il, that the undersigned protested,
and does protest. because II Is an unqualihlble
attack upon all principles of intentional law, and
n manifest violation Of the very act of Parliament
upon which Mr.. Hudson rests his argument. In
order that Brazilian vessels, seized by crulzers for
| being engaged in the slave trade, should be tired
by mixed commissions, In which, beside Brazilian
i Judges thsTe should sit English judges, the exs-
tence of the additional convention OF July p 1917,
I was requisite This convention has expired.
/ The Brazilian Mnisier then uses a little plain
! logic, and says; MIR Hudson alleges as n reason
for the burning Of the Santa Cruz, her unseawor,hi-
mess. But II the Santa Cruz was unseaworthy,
/ how can IL be maintained that she wis engaged in
/ the slave trade, which requires long voyages II
! sbe was unHeawOrthy, she could not be employed
In the slave trade. II engaged in the trade, she
could not be unseaworthy. Mr.. Hudson alleges
both reasons, but one neutrazes 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 kifeman, Of III. Il. NJ. service.
She left Santos on the 10th OF January for Rio,
and was burnt oil Pereque by the English steamer
Riff, man.
The public papers state, that, after rigid search,
not the slightest indication was found that the
Psgueie 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 coasing trade between the two ports;
that she had on board passengers, and stores, aad
coal for not more than three days, and that the
captain was seriously III that he could not
undertake a long voyage. as 10 Acknowledged even
by the surgeon Of the RIfleman.
Ia a subsequent note, DE Souza says with respect
10 search made by the steamer Riieman on board
OF the packet =. Sebastao, upon entering ITO, that
the Sd Of January last, at O'Clock 10 the eve
Ming the steamer, leaving the strait OF llha dos
Psios, on her way TO Rio, met the English war
steamer Rificman, which, placing herself athwart
her bows, fired gun and hoisted her flag, which
was likewise done by the :. Sebastiao that the
Rilcman ordered her TO wait for n boat 20 come
on board, TO which the :. Sebas,iao returned an
swer that che could not wait, being a Brazilian
packet and ship Of war that while the Rifleman
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 papcTs. the comma naer Of The sleamer