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and 2 of her crew to defend her in the Court of Adjudication. He then ordered a minute survey to be held upon her, the result of which was, that she was found not to be seaworthy, and therefore to be incapable of making the voyage to St. Helena for adjudication, without great danger to the lives of the officers and men who might be put on board her to navigate her thither. She was therefore destroyed on the spot; an operation which is invariably performed in regard to all slave-ships which are found to be in a similar condition when captured; but in her case, as in all others of a like nature, documents and proofs were sent to the Court of Adjudication sufficient to enable the case to be brought to trial before the Vice-Admiralty Court, and that court will upon these proofs pronounce its decision whether the Santa Cruz was legally detained or not. The destruction of the ship, therefore, does not in any degree supersede or prevent a regular trial of her case.
With regard to the steamer Paquete de Santos, the Undersigned has the honour to observe that she is the same vessel which, under the name of the Providencia, has been for some time notoriously and successfully engaged in Slave Trade, having brought several cargoes of negroes from Africa to Brazil. The commander of Her Majesty's steam-vessel Rifleman, having chased and boarded the steamer, thought it his duty, from the state in which he found her general fittings and appearance, to detain and send her to St. Helena for adjudication.
Commander Crofton, in reporting to Her Majesty's Government the case of this vessel, after describing in detail the nature of her fittings, declares that in July, 1849, the Paquete de Santos alias Providencia, was chased into Santos by Her Majesty's steam-vessel Hydra, the Providencia being at the time fully equipped and provisioned for a slave-trading voyage; that on the 29th of July, 1849, he received orders to remain at Santos in Her Majesty's steam-vessel Rifleman to watch the Providencia, and that he there saw her unloaded, and that he continued to watch her from that time until the 3rd of December, 1849, in order to prevent her from escaping and returning to her Slave Trade pursuits.
Commander Crofton farther reports that the engineer who was on board the vessel at the time of her capture, stated in his presence that the Paquete de Santos had since he, the said engineer, had been in her, made 4 successful voyages to the coast of Africa, bringing home each time to Brazil from 1,000 to 1,500 negroes.
Such being the circumstances under which the 3 vessels mentioned by M. de Amaral were searched or detained, the Undersigned is convinced that the Brazilian Government will see that there was, in each case, sufficient reason for the proceeding which took
With regard to the orders which M. de Amaral expresses the wish of the Brazilian Government that Her Majesty's Government should give to prevent the recurrence of similar proceedings, the Undersigned regrets extremely that he is unable to state to M. de Amaral that such orders will be given. He fears indeed, that he must request M. de Amaral to prepare the Brazilian Government to expect that the exertions of the British cruizers for the suppression of Slave Trade on the Brazilian coast will for the future be more active and effectual than the dispersed state of the squadron on that station has for some time past rendered it possible for those exertions to be.
The Undersigned, however, can assure M. de Amaral, that nothing can be further from the wish of Her Majesty's Government than to do anything which can justly be considered as derogatory to the honour and dignity of the Brazilian Government and nation; but he would beg to observe, that the honour and dignity of a nation and of its Government are best promoted by a faithful observance of Treaties with foreign Powers, and by a watchful enforcement of the laws which in execution of those Treaties may have been enacted for the prevention and punishment of atrocious and debasing crimes.
That the Brazilian Government has the power to enforce its own laws and to fulfil its Treaty engagements against Slave Trade, no reasonable man can for one moment doubt; its power to do so is indisputable; its omission to do so cannot admit of any satisfactory explanation.
Her Majesty's Government are quite aware that, as is stated by M. de Amaral, an opinion is rapidly growing up and is widely spreading in Brazil, that the continuance of the Slave Trade is no less adverse to the true interests of the Brazilian nation than it is at variance with the Treaty engagements of the Brazilian Crown; but the Undersigned must observe that the prevalence of that opinion must afford to the Brazilian Government additional facilities for fulfilling its Treaty engagements, and for carrying its own laws against Slave Trade into execution.
M. de Amaral, however, expresses an apprehension that the measures of repression by which Her Majesty's Government are endeavouring to put a stop to the Slave Trade on the coast of Brazil, will have a tendency to check this generous and honourable feeling in the people of Brazil, and will thus render it more difficult for the Brazilian Government to fulfil its Treaty engagements; but Her Majesty's Government cannot share in such apprehensions, for they are inclined to think, on the contrary, that the enlightened part of the Brazilian nation, who now deplore the continuance of the Slave Trade, as tending to the moral degradation and to the physical injury of any country in which it is allowed to exist, will be still
more excited to wish for the suppression of that criminal practice in Brazil, when they see that its continuance therein is the direct cause of proceedings on their coast which M. de Amaral represents to be liable to be regarded, though, as it appears to the Undersigned, without just reason, as derogatory to the country.
The Undersigned, &c.
M. de Amaral.
No. 55.-M. de Amaral to Viscount Palmerston.-(Received May 14.) Légation Impériale du Brésil, le 13 Mai, 1850.
LE Soussigné, Chargé d'Affaires de Sa Majesté l'Empereur du Brésil, a reçu la note que son Excellence le Très-Honorable Vicomte Palmerston, Principal Sécretaire d'Etat de Sa Majesté Britannique au Département des Affaires Etrangères, lui a fait l'honneur de lui adresser le 30 Avril, en réponse à la sienne du 17 du même mois.
Le Soussigné a lu avec la plus profonde peine, la réponse de Lord Palmerston à justes demandes. Loin d'y trouver la réparation des griefs du Gouvernement Impérial, il y voit la déclaration que celui de Sa Majesté Britannique se croira peut-être obligé d'y ajouter, en autorisant la continuation des procédés violens de ses croiseurs; la singulière qualification de ces procédés comme des preuves de modération et des actes émanés du Traité de 1826; et, ce qui est encore plus, l'imputation de violation systématique des clauses de ce même Traité au Gouvernement Impérial.
Le Soussigné croit inutile d'entrer de nouveau dans l'examen des procédés contre lesquels il a réclamé. Il est persuadé d'en avoir assez dit pour prouver qu'il n'y a pas de considération qui puisse les justifier; et, malheureusement, il ne voit pas dans les observations de Lord Palmerston une seule qui puisse leur donner le caractère de légalité qui leur manque, ni attenuer les circonstances aggravantes dont ils sont accompagnés. Ce n'est pas, en effet, dans les principes sacrés du Droit des Gens, ni dans les termes du Traité de 1826, qu'on en trouverait l'excuse; et, au lieu de les justifier, on en rend l'injustice plus frappante quand, dans l'absence de tout fondement légal, on veut leur donner pour cause une violation d'engagements dont l'imputation ne fait qu'ajouter un grief de plus à ceux qu'on refuse de réparer.
Le Soussigné manquerait à son devoir et à sa conscience, si, en gardant le silence en vue d'une pareille imputation, il pouvait donner lieu à supposer qu'elle ait le moindre fondement. Il la déclare entièrement gratuite, et proteste contre elle de toute l'énergie de son âme. Le Gouvernment Impérial a eu toujours à cœur de remplir ses engagements, et on ne saurait, en justice, le rendre responsable des obstacles qui s'opposent à ses intentions et à ses efforts, et qui, le Soussigné se voit dans la nécessité de le dire, doivent aussi leur
origine aux ressources indirectes que l'industrie Anglaise fournit à la Traite des Noirs.
En se déclarant ainsi contre cette extraordinaire imputation, il ne reste au Soussigné qu'à protester, comme il le fait par la présente, contre les violences pratiquées envers les sujets Brésiliens et leur propriété, et contre l'atteinte portée à la dignité de la Marine Impériale. Le Soussigne, &c. S.E le Vicomte Palmerston, G.C.B.
J. P. DE AMARAL.
No. 57.-Mr. Hudson to Viscount Palmerston.-(Received May 21.)
I HAVE the honour to inclose herewith the copy of a note which, in obedience to the instructions contained in your Lordship's despatch of the 29th of December last, I have addressed to the Brazilian Minister for Foreign Affairs, upon the subject of the complaint made by the Imperial Government against Her Majesty's ships of war for detaining and visiting Brazilian vessels within the territorial waters of the Brazilian Empire, and especially off and at the mouth of the port of Bahia. I have, &c. Viscount Palmerston, G.C.B.
(Inclosure.)-Mr. Hudson to Senhor Paulino de Souza.
Rio de Janeiro, March 9, 1850. THE Undersigned, &c., having transmitted to the Government of the Queen a copy of the note which he received from Viscount Olinda on the 3rd of September last, complaining that Her Majesty's ships of war have detained and visited Brazilian vessels within the territorial waters of the Brazilian Empire, and especiaily off and at the mouth of the port of Bahia, is instructed to state to Senhor Paulino José Soares de Souza, &c., that Her Majesty's Government regret very much that the necessary and unavoidable proceedings of Her Majesty's cruizers on the coast of Brazil for the suppression of Slave Trade should not have met with the approval of the Government of Brazil, and the more so, because it will be impossible for Her Majesty's Government to discontinue those proceedings until the Government of Brazil shall take proper measures for fulfilling the treaty engagements of the Brazilian Crown for the total and entire suppression of the Slave Trade of Brazil.
Her Majesty's Government, however, can, with great sincerity, assure the Government of Brazil that, in ordering the British naval officers on the coast of Brazil to continue to take measures which are necessary for the suppression of the Slave Trade, it is far from the intention of Her Majesty's Government to infringe upon the honour and dignity of the Brazilian Crown; their intention, on the contrary, is to support that dignity and honour by putting an end, if possible,
to a state of things which, being a direct and flagrant violation of the solemn engagements of the Crown of Brazil, is highly derogatory to the honour and dignity of the Imperial Government. The Undersigned, &c.
Senhor de Souza.
No. 60.-Viscount Palmerston to M. de Amaral. Foreign Office, June 11, 1850. THE Undersigned, &c., has had the honour to receive the note addressed to him by M. de Amaral, &c., on the 13th ultimo, relating to the recent proceedings of Her Majesty's cruizers on the coast of Brazil, for the suppression of the Slave Trade. In reply to this communication, the Undersigned begs to refer M. de Amaral to the contents of his note of the 30th of April; but he must further be allowed to observe that, although M. de Amaral has denied in his note that the Brazilian Government has systematically and continuously broken the engagement contracted by the Brazilian Crown by the Treaty of 1826, he has omitted to adduce any proof in support of his denial. The Undersigned, &c.
M. de Amaral.
No. 61.—Mr. Hudson to Viscount Palmerston.-(Received July 9.)
Viscount Palmerston, G.C.B.
(Inclosure 1.)-Senhor Paulino de Souza to Mr. Hudson.
Rio de Janeiro, April 5, 1850. THE Undersigned, &c., acknowledges the receipt of the note which Mr. Hudson addressed to him on the 10th ultimo, declaring not only that he had laid before his Government the note which, on the 21st of July, last year, the predecessor of the Undersigned had addressed to him, complaining that British ships of war left this port at night, without giving the necessary notice, thus infringing the regulations; but that he had also, on the same occasion, reported that, at Bahia, vessels employed in Slave Trade had left that port at night, contrary to the above-mentioned regulations; and that he had received instructions from the Government of Her Majesty to state