and that they were endeavouring, by every device they could think of, to obtain the greatest amount of diminution of that pressure, with the smallest amount of real concession on the part of Brazil. Senhor Paulino has been profuse in declarations and promises, but such things have never been wanting on the part of any Brazilian Minister; he has proposed, and the Brazilian government has probably passed, a Law, which, in its last modified shape, is certainly an useful addition to the Law of 1831. But the example of the Law of 1831 is sufficient to show that in Brazil the existence of a law is one thing, and its practical enforcement another, and a very different one. Therefore, until Her Majesty's government shall see that the two Laws, the one that of 1831, and the other that which has recently been passed, are actively and effectually, and without favour or partiality, carried into execution, Her Majesty's government cannot sanction the further continuance of any modification or suspension of any part of the orders under which Admiral Reynolds is acting.

Moreover, the reasons given by Senhor Paulino for asking for a modification and suspension of those orders do not appear to be sufficient or satisfactory. It is certainly true, as he says, that the capturing of slavers within the Brazilian waters by foreign cruisers is derogatory to the dignity of Brazil, but that which has already happened shows that this proceeding, instead of forming, as he represents it, an obstacle to concession on the part of the Brazilian government and parliament, has been, in fact, the means by which now at last, for the first time after nearly twenty years of ineffectual endeavours at persuasion, the government and parliament of Brazil have been brought to take any steps against slave-trade; and the early success, which so far has attended the employment of these means, can certainly afford no reason for prematurely abandoning them. With regard to the danger of collision which Senhor Paulino apprehends, if slavers should be captured under the guns of a Brazilian fort, there would be an obvious, and a most proper and effectual

mode of avoiding such collision; and that would be, that the Brazilian government should give the most imperative orders to all officers in command of forts, not upon any account whatever to fire upon a British ship of war employed in capturing slavers; and such orders you will request the Brazilian government to give. There can be no justification for such firing upon a British ship of war, inasmuch as a British ship of war, in capturing a slaver under the guns of a Brazilian fort, is only doing that which by treaty and by law the commander of the fort ought himself to have done. The British naval officer should, however, in such a case, always communicate with the commanding officer of the fort in the first instance in order to obtain, if possible, his cooperation.

The plain fact is, that nothing can be effected with the Brazilian government on this matter, except by compulsion. Arguments and reason have long been used in vain. If a mere sense of duty and a regard for the engagements of treaties could have swayed the conduct of the Brazilian government, the Brazilian slave-trade would many years ago have entirely ceased. But it is manifest that the slave-traders have been able to exert over the Brazilian government, either by corruption or by intimidation, an influence which has overridden all sense of right and wrong, and all regard for legal and international obligations.

That influence can be overcome only by some counteracting pressure, and it seems clear that the proceedings lately adopted by the Admiral in concert with yourself, have produced precisely the sort of pressure which is calculated to counterbalance and overcome the influence of the slave-traders.

Her Majesty's government are glad that Admiral Reynolds did not consent to suspend making captures in the waters of Brazil generally, because it is quite clear from what has happened, that it is in the waters and harbours of Brazil that captures of slavers can best and with the greatest certainty be made; and if we were to agree to abstain from making captures within the three-mile limit, the efficiency of our squadron would be most essentially impaired.

No. VII.

Mr. Hudson to Viscount Palmerston.

[MR. HUDSON REVOKES THE SUSPENSION OF THE ORDER FOR CAPTURING SLAVERS IN BRAZILIAN PORTS AND RIVERS, WHICH HE HAD AGREED TO ON PROMISES FROM THE BRAZILIAN MINISTER, AND THE PRUDENCE OF WHICH LORD PALMERSTON HAD DOUBTED HE ACCUSES THE BRAZILIAN MINISTRY OF BREACH OF FAITH.]

Rio de Janeiro, January 11th, 1851.

My Lord,-With reference to your Lordship's despatch of the 15th of October, stating the circumstances under which I should not be justified in continuing the temporary suspension of the execution of a portion of the orders, with regard to the suppression of slave-trade, of the Rear-Admiral Commanding-in-chief on this station, I have the honour to transmit herewith to your Lordship the copy of a note which I have addressed to Senhor Paulino, the Brazilian Minister for Foreign Affairs, acquainting him that that temporary suspension is at an end, and stating my reasons for adopting this line of conduct.

Mr. Hudson to Senhor Paulino de Souza.

Rio de Janeiro, January 11th, 1851. Excellent Sir,-When the Brazilian parliament passed, and His Imperial Majesty Don Pedro sanctioned the law against slave-trade of the 4th of September last, the civil and military authorities of the Queen in this country had good right to expect that the Brazilian government, who held office in order to carry out the Imperial will and the Imperial law, would have put that law and the law of 7th November, 1831, effectively in operation against the traffickers in human flesh.

When, on the 13th of July, your Excellency told me that you were prepared to put the navigation of your country under a foreign flag, if slave-ships were seized by Her Majesty's vessels in Brazilian waters, in accordance with the stipulations of a treaty; when I told your Excellency, that on condition of your putting your own laws in execution against slave-dealers without favour or partiality, I would incur the heavy responsibility of recommending the suspension of the orders to seize those slavers in your ports and waters; and when afterwards I reduced that agreement to writing, it was understood by your Excellency and by myself, that the Imperial will and the Imperial law should have fair play and due force; that there should be no compromising with the dealers in human flesh; that the slave-trade, that curse to Brazil and disgrace to our age, should be put down in Brazil by Brazilian power, that was to say, by your Excellency and by your colleagues, the guardians of the honour of this nation, and the practical expounders and enforcers of its laws.

I now ask your Excellency which of us has kept and which has failed to observe that agreement.

This is a serious matter: it is not a mere question of pressure upon a small knot of pirates and kidnappers, who by some mysterious agency are permitted to make Brazil their headquarters; but as to whether the servants of the Crown of Great Britain and Brazil respectively have done their duty.

As the question, therefore, immediately at issue relates to the grounds on which I consented to take upon myself the responsibility of suspending the orders in question, it is but just that we should examine the engagement into which I entered with your Excellency.

The laws of this Empire, and the Treaty between Great Britain and Brazil for the suppression of slave-trade, bound your Excellency, in any case, to suppress slave-trade; but in addition to those motives for action in that matter, there was the engagement above referred to.

It was understood then, on the 13th of last July :—

1st. That your Excellency would present to the Brazilian parliament such a law as would enable the Imperial government to bring to justice vessels and persons engaged in slavetrade.

2dly. That the penalties, in order to prevent the equipment of ships for slave-trade, should be increased, and heavier bond required from ships engaged in African voyages.

3rdly. That measures should be adopted to prevent coastingvessels carrying from port to port articles destined for the equipment of slave-vessels, and that bond should be entered into by them for the lawful performance of their voyages, and the legal use of such suspicious articles as they might carry.

4thly. That the slave-trade should be put down whenever the Imperial government was armed with the powers which your Excellency intended to demand of the Brazilian parliament.

These were the leading features of the pact into which I entered with your Excellency just six months ago; which was followed by your Excellency's speeches in the Chamber of Deputies and Senate: by the passing of the Law of the 4th of September; and by those assurances respecting the suppression of slave-trade, which, by your Excellency's desire, I have conveyed to my government.

I have now to consider and to point out where your Excellency has failed to comply with your own laws, and with the spirit and intent of our mutual compact, and with the Treaty of 1826.

1st. It was agreed, that all ships fitting for slave-trade in Brazilian ports and waters should be seized by the public authorities of Brazil.

It has been my duty since entering with your Excellency into the compact in question of the 13th of July, more than once publicly to call your Excellency's attention to the number of slave-vessels arriving at and departing from Bahia, and to the permission notoriously given to them to pursue their illegal traffic.