The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-03
The Franco-Portuuuese Question.

commander Of the station al Mozambique for BEN
found a auchor to the Island of Quntangona IN the
bay Of londucia port closed to foreign commerce. ana
for having board ITO negroes who said they were there
against their vii, and for having also articles on board
which according 10 the decree of the 10Th OF December,
1896, deemed indicative Of the slave trade.
The Crown and Fiscal Attorney at Mozambique, 10 com
pance with the decree Of 10Th December 1857, hbelea
the vessel and proceeded against the captain and crew LOT
violation Of the fiscal laws and the purchase OF slaves,
which case terminated on the sth OF March, 800
The Court sentenced the captain TO two pubic labor
and the payment of 500 milres; condemned the vessel
is tackle and specie on board, and dismissed the crew
An appeal taken TO the Court Of Reacao at Lisbon
both by the Crown and Fiscal Attorney ana the captain OF
the bark.
The French government DENYING the right OF capture
the aafuness Of the proceedings before the Portu
guese tribunals under the plea that the vessel was autho
zed to contract for free aborers and had on board
delegate appointed by the Governor Of the island OF Re
Union to superntend said contracts demanded OF the
Portuguese government the restitution Of the bark and
the delivery OF the captains person.
of course the Portuguese Executive could not inter
fere in affair that pending before the judicial
out violating the constitution OF the country the french
government still urging its claims, ESPECIALLY py note OF
the 18th OF last September addressed 10 the Minister OF
Foreign Affairs by the French Minister at this court when
replied to the 18th OF the month, ncos
ing documents establishing the affair in its true light the
Portuguese government also directed its Minister at Paris,
by dispatches dated ID and eth inst, propose TO the
imperial government the decision of the pending ques-
ton by the mediation Of third Power chosen by his
Majesty the Emperor of the French accordance with
the principles laid down in protocol No % Of the Paris
Conferences Of the l4th Of April 1856 This proposal was
rejected at once
by despatch Of the 18th inst Count walewski, French
Minister OF Foreign Affairs directed Marquis dc l1sle
Siry, the French Minister at this court, to make
known TO the Portuguese government that the French
government would accept an arrangement upon the
following basisDelivery Of the captured vessel and
the captain large twenty four hours after the French
vessels owar shall have left the Tagus, mediation OF H.
the King Of the Netherlands to fix the amount to in
denify the parties interested France rcpeng all idea
OF mediation In regard TO the question Of right.
Count Waewski atds:-Should said basis not be accept
ed the Minister should proceed as before instructed
hose M wi we're
the French Minister TO the Minister OF Foreign Affairs
such as ultimately TO require the said French Minister
and the members Of the legation well as the Consulate
Of France in Portugal TO quit this Court thus nterrupng
IN" diplomatic aad commercial relations between the two
countries, and leaving Admiral Iayaud commander of
the French naval forces in the Tgus charged with the
termination of the pending question.
Under these circumstances the Portuguese government
though persis,ing the convection Of its right but at the
time perceving the impossblty of making II pre-
vail thought proper assume before the country the
responsibility to submit to the peremptoy demands
Of France kberating the imprisoned Captain Rouxel and
giving the captured vessel to the person appointed by
the French Minister receive it. In regard to the media
ton referred by the Imperial government to fix the
required amount an indemnity the government is Of
opinion that France did not accept the mediation in re-
spcct the question Of right the only in which the
honor and dignity Of this country interested Portu
gal should not accept as to the pecunary question: leav
ing France itself to proceed in regard TO II she
thought fit and declared would accede to the resolu
France might adopt, for the which had
induced Portugal TO yield to the other demands.
In this a note addressed the 2sth INST by
the Minister Of Foreign Affairs 10 the representative OF the
imperial government at this court All the documents IN
relation 10 this affair will be presented to the Legislature
at its next session.
Translated from the Lisbon Journal do Commerce. Of the
23d and Goth October for the NV YORK HERALD
II is rumored that France, 10 its Mtimdtnm demanding
the immediate delivery OF the vessel had the extreme
leness to declare hat Portugal should make that deli
very twenty -four hours after the French fleet should have
left the Tagus, that might not appear we submitted 10
force Certainly, much attention and delcacy should
be acknowledged The Portuguese government could not
help delivering the vessel, AZ France demanded II sup
ported by its navy and its armies Had France been
scous of its right would not have rejected the arbtra
ton third Power The abuse Of force questions of
right and which right alone should SETTLE the ceares
evidence that the nation employing desires to prevail
over justice.
We are not aware what has been done respect 10 the
required indemnity. This point should not be discussed
II cannot maintain our right II We cannot resist VIC
lcnce should not dispute question OF money. Ho
has been wounded by the abuse Of force, and
spoaon should be added thereto TO complete the injury
10 the oppressed and the shame Of the opprcssor.
II is said French Minister quite disappointed by
the refusal Of arbitration in regard TO the indemnity for
copne arbitration should ADM, the right TO an indemni
~, which II would afterwards most generously have
up and add more insult TO Portugal II tins be
true, the expectation OF France has been sadly disap
pointed.
| II has come TO our knowledge that there exist in
| the Naval and Colonial department two important
documents, which, among others, were sent there
by the French Minister at this Court (signed and
sealed by hm) eluciate the question pending be.
tween our government ard that Of France, in rca-
ton the capture Of the French bark Charles ct George
and ~ We have obtained some Information Of their con
tents We shall make of II 10 prove that these very
documents establish sufficient Indictment against the
captain and the bark for the said captain therein admits
Frst that he entered port OF the Oriental coast u Portu
gut~c africa closed 10 foreign commerce. second, that
lie there TO understanding with the chief q
tribe negroes 81 that for the Purchasing OF forty
negroes for 500 francs Third that the frs, eleven OF
these negroes sent board with their tied be-
hind their backs The declaration Is quite ingenious and
would raise smile, the subject risblc, and yet
the c ontcry Of the declaration only be equaed by
tho insclencc Of the fact.
These important documents arc the followng.-First
certificate by which the chief II the tribe OF Ma.
bana the bay u tonduca, declares together with the
sub chef and oihcrs) Mr. RouNel Captain of the
French bark Charles Georges, at anchor 10 the Roads
III Quniagonha shippcd the ith ol November 1867,
forty free aborcrs engaged by The 20 called Abdalah
Nahomc the interpreter Of the vessel 30 serve
tor ave years the Isc ~ Bourbon, and, according
very letter Of this certificate, t0n cs c iibres lord
cxcJd lss yrcuiers nd sr consenfe,nt
rerdus dcns Ia ohcl0y e tvcs amorns (al went free
y beard except the first eleven, who, by their
consent were shilfed Win ,her arms nca behind their
hacks second another certificate by which the same chief
Il the tribe Nthrna declares having received from Capt
Rouxc $500 francs Tor the forty negro laborcrs be had
On psrusing these documents viii any ono say that
rcgrocf, with their arms ted be considered free
/ menY Tan u be conceded that these black mon would
consent To- he tied fthcy EFT their country willingly
Il rot considered by The civilized nations the slave
human fcsh trade II any thinks otherwise then
4 moi true that CAPTAIN Rouyel entered the port II
oonducia when that PVT g closed 70 foreign commerce
Nv tho 81 October IL 1853 which only opened 10 that
trade in the province n Mozambique the ports Of the city
u Mozambique lbo, Vuinhnc lnhambanc and loarcnco
Marques
j. that he entered that port no, BY stress Of
weather a. nc would have believed bu, % contract for
the purchase Of forty negroes and ship them board his
4 vcssc2
Ia not true that these negroes purchased for
cash according TO the receipt given 70 Captain ouxel by
| the chief ~ the tribe Maibauay
! 4 Il not true that number of these negroes
shipped on board the Charles 81 George" with their
piuoncd, as frankly declared the certificate Of
| the curagcmcntY
d not true that Captain souxe did actually infringe
the laws Of country, not only fiscal custom laws
/ but also those prohibiting the Infamous slave trade
| becoming both contrabandisi and a slave uadcry
Il that he also violated the treaty OF
meroc and navigation Of the nh March, 1853, between
Portugal and France, wherein Is stipulated aIn all that
concerns the port police ladng and unadng of vessels
| &c., the citizens of the two countries shall be subject
respectively, TO the laws and regulations Of the terri
| tory.
Qpodrurly uansgressng Portuguese legislation within IL
own iursdctior-ffsi, guilty u conrabsnd, for having
entered closed por stctnd Of slave trading, in which
--ra lcLrl- L--.-.- NM aitac.cd