Vote agreed to, as was also, in an unreserved and complete manner by (45.) £268,532, Educational and Scien- the Treaty of Vienna in 1815. He did not tific Branches. House resumed. Resolutions to be reported To-morrow. House adjourned at half after HOUSE OF LORDS, Tuesday, March 8, 1859. MINUTES]. Sat First in Parliament. The Lord 3a Ecton and Welton Exchange; Burial Places. "CHARLES ET GEORGES." PAPERS MOVED FOR. mean, nor had it been asserted, that a casus foederis had actually arisen in this case; but looking especially at the relations between us and Portugal since the treaty of 1703, and considering that our 66 good offices" were tendered on this occasion before they were asked, and that they were afterwards formally asked for by Portugal, he thought the House would agree that our good offices should have been given in such a manner as to secure to Portugal an efficient support. He should be able to show that, on the contrary, our good offices were not tendered in such a manner as to render Portugal that support which she had a right to expect. There was, indeed, a further and very powerful reason for our interfering in this case on behalf of Portugal; and it was this-that we ourselves had repeatedly urged on Portugal in the strongest manner, that a policy should be vigorously carried out which involved Portugal in antagonism with France. Now, although in order to make this case intelligible he must necessarily refer to the course taken by the French Government, and he must refer to it in terms of condemnation, he was sure their Lordships would agree with him that they were not called upon there to discuss the conduct of two independent States between each other, except so far as the interests of this country were directly concerned, and so far as Her Majesty's Government were mixed up in these transactions. In the first place, then, he begged to call attention to some correspondence which took place anterior to the case of the Charles et Georges. The French Government had introduced a scheme for procuring negro labourers for their colonies, which they asserted was a scheme of free emigration; but which we maintained, notwithstanding their intentions, and notwithstanding all the precautions that might be taken, must eventually degenerate into a disguised slave trade. A portion of the scheme was to procure a supply of negro labourers for the French colony of La Réunion. Those labourers were to be pro LORD WODEHOUSE in rising to move, according to notice, that an humble Address be presented to Her Majesty for a Copy of the telegraphic Despatch of the 16th of October, 1858, referred to in Mr. Howard's Despatch of the 27th of October to the Earl of Malmesbury, as printed in the Correspondence respecting the Charles et Georges, said that he should take the opportunity of calling attention to the transactions detailed in that Correspondence. The case therein displayed appeared to him so important, and the course which Her Majesty's Government had pursued was so unsatisfactory, that it ought not to pass without mention in their Lordships' House. He wished that it had fallen into more competent hands than his, and he assured their Lordships that it was with diffidence that he ventured to bring it under their notice. He wished in the first place to invite the notice of the noble Earl the Secretary for Foreign Affairs to an omission which made the examination of this Correspondence extremely perplexing the omission of the dates at which the despatches from abroad were received. In all similar Correspondence presented to Parliament, those dates had in variably been given, and he could not under-cured from the Portuguese possessions on stand why the slovenly practice of omitting them should have crept in upon this occasion. Now, he might be asked, in limine, why the British Government should be called on to interfere in a dispute between two independent States? The answer was simple enough. We were bound by certain ancient treaties, which were confirmed the eastern coast of Africa. His noble Friend the late Secretary for Foreign Affairs (the Earl of Clarendon) did not omit any opportunity of pressing on the Portuguese Government in the strongest manner to take the most vigorous measures for the frustration of the French scheme. So far back as July 13, 1857, his noble ment. The grounds upon which that con- friend addressed instructions to Mr. How- tain was condemned to two years' imprisonard, Her Majesty's Minister at Lisbon, directing him to urge the Portuguese Government to take more vigorous measures. Acting in the absence of Mr. Howard, the Chargé d'Affaires at Lisbon, Mr. Paget, presented on the 22nd of July a note to the Portuguese Government, which M. de Loulé, the Portuguese minister, answered in so satisfactory manner that his noble Friend (the Earl of Clarendon) directed Mr. Howard fact that she had 110 negroes on board, to express the sense which Her Majesty's who, on being interrogated, declared that Government entertained of what he just- they were not there by their own will, and ly termed the vigorous and humane in- some of them were mentioned as having tentions of the Portuguese Government. been kidnapped and sold by the native This being the case, the Portuguese Go- chiefs. No papers were produced by the vernment, naturally confiding in the sup- captain to justify his proceedings, and the port they would receive from Her Majesty's ship was condemned. The French captain Government, in thee vent of any difficulty of the vessel appealed, however, to the arising, proceeded to take the vigorous mea- Supreme Court at Lisbon; to Lisbon the sures that we had recommended. They ship was sent, and the matter became the displaced the Governor, who, they thought, subject of discussions between the French was disposed to treat the slave trade with too and Portuguese Governments. In the little rigour, and they sent out another Go- first place, there was a note presented by vernor, furnished with instructions which, the Marquess de Lisle, the French Minister though cautiously worded, left no doubt as at Lisbon, in which the restitution of the to the intentions of the Portuguese Govern- vessel and the release of the captain were ment. Acting on these instructions, the new demanded. And upon what grounds did Governor detained two French vessels, which he base this demand? The principal however, not being found under circum- grounds were, that no notice had been restances of flagrant suspicion, were subse- ceived in the Island of Réunion of the proquently released. Then came the case of hibition to export labourers from the Porthe Charles et Georges. It was not a tuguese possessions at Mozambique; and little remarkable that information was given that the captain was provided with papers by an agent of the British Government of justifying his proceedings, which he had the presence of that French vessel. A received from an Arab sheik whom he bedespatch, written on the 8th of October, lieved to be a Portuguese authority. With 1858, by Mr. M'Leod, the British Consul regard to the first ground, nothing more at Mozambique, informed the Portuguese need now be said, because the French Miauthorities there that the Charles et Georges nister subsequently admitted that it must would anchor in Conducia Bay, and that be entirely abandoned; and as for the it was suspected that she was ship second ground, no such papers were proping slaves. He did not know, by the duced before the Commission at Mozamway, why the reports of Mr. M'Leod bique, and Mr. Howard mentioned, in one were not given in this Correspondence, of his reports, that it was confidently bebut if they were of importance, he sup- lieved by the Portuguese authorities that posed the Secretary of State would have those papers were neither more nor less no objection to their production. There- than a forgery. Soon afterwards, howupon, however, the Portuguese Governor, ever, M. Benedetti, in the absence of Count furnished with the instructions of his own Walewski, made the statement to Lord Government, and urged on by the British Cowley, that the Charles et Georges was Government, proceeded to send a Portu- not within the Portuguese territory when guese ship of war in search of the Charles captured, but about four miles from the et Georges. He need not describe the cir- shore, and not subject to Portuguese juriscumstances of the capture of that vessel. diction. But all this while nothing was He need only say that she was taken to said of the true ground on which the French Mozambique, examined, and condemned as subsequently based their claim. a slaver by the Commission appointed for peared, however, from a despatch of Mr. the purpose-no, not by the Commission, Howard's soon afterwards, that M. de Lislo but by the Portuguese Court-and her cap-laid it down that because there was a dele It ap gate of the French Government on board the vessel, the French Government could not admit the possibility of her being engaged in the slave trade, for which she had been condemned. That was the only and sole ground on which the French Government rested their claim-that the presence of a French delegate exempted the ship from Portuguese jurisdiction. But the exemption of a ship of one country from the municipal law of another, could by the law of nations be urged upon only one ground. Wheaton, who was a firstrate authority, stated the only ground of an exemption as follows: "If there be no express prohibition, the ports of a friendly State are open to the public armed and commissioned ships belonging to another nation with which that State shall be at peace, and such ships are exempt from the jurisdiction of the local tribunals." Now, it could scarcely be maintained that the mere presence of a French delegate on board, whose duty simply was to superintend the emigration of free negroes, but who was not a commissioned officer commanding the ship, could put the ship in such a peculiar position that she should be thereby relieved from municipal jurisdiction. But the real ground was that, as the French Government contended, it was im In a despatch to Mr. Howard, dated September 25th, the noble Earl (the Earl of Malmesbury) said :— "I have to acquaint you that Her Majesty's Government approve your proceedings in this matter, and that they have learnt with satisfaction that the Portuguese Government propose to refer the question to the mediation of a friendly Power. I have transmitted to Her Majesty's Ambassador at Paris copies of your despatches above referred to, and I have to instruct you to assure the Portuguese Government that the friendly offices of Her Majesty's Government will not be wanting for the purpose of bringing about an amicable settlement of the difference between the French and Portuguese Governments upon this subject." The Portuguese Government was naturally satisfied with the prospect of obtaining the good offices of Her Majesty's Government; but how was this engagement carried out? A despatch was written by the noble Earl opposite on the same day to Her Majesty's Minister at Paris. One would have thought it would have contained instructions to use our good offices with the French Court, and to endeavour to bring about a friendly settlement; but all the noble Earl did was, to transmit to Lord Cowley copies of Mr. Howard's despatches, and add "From which your Excellency will perceive that this affair has assumed a very serious as Why, Lord Cowley might have discovered that by himself, without the despatch of the noble Earl; and it was very strange Her Majesty's Government did not see the necessity of proceeding somewhat further. Lord Cowley next reported, in a despatch dated September 30, a conversation with Count Walewski : possible, with a French delegate on board, there could be an imputation of slave trad-pect." ing. Now, that was an argument altogether unprecedented in the law of nations. The fact was, that the slaves were found on board by the Portuguese cruiser, and it was known from their own statement that they were slaves; it was even admitted by M. de Lisle that some of them came on board with their arms tied behind them. Well, even at this period of this affair the Portuguese Government stated their inten-Charles et Georges. The French Government,' tion to propose to refer the question in dispute to the mediation of a friendly Power. Mr. Howard, in a despatch dated Lisbon, September 18, said: "He then went into a history of the case of the he said, 'considered that the ship had been illegally captured, and under that conviction had demanded its release, leaving the question of compensation for future settlement.' This demand had been refused in a note not over courteous, and the ques"In the event which appears most probable of tion of future proceedings was now under the conthe French Government insisting upon their desideration of the Imperial Government; he (Count mands, the Portuguese Government having assented to the principle laid down in the Protocol of the Paris Conferences of the 14th April, 1858, will, as the Marquis de Loulé has confidentially informed me, propose to refer the question in dispute to the mediation of a friendly Power, a course of which I ventured to express a favourable opinion." It would thus be seen that the Government had early information of the ground on which the French Government based their claims. Now, let their Lordships see what course the Government had taken. Walewski) had insisted, with success, that the question should be referred to the Comité des Contentieux, in his Department, whose province it was to give an opinion upon transactions of this nature. The Report would not be ready for a few days more, but in the meantime some ships had been despatched towards the Tagus, since, in case the report should be in favour of the release of the ship, a demand would be made for that release within the twenty-four hours, and would be enif the report advised an appeal to the higher tribuforced if not complied with. On the other hand nals of Lisbon, the release of the captain on bail would be required." On the 2nd of October Lord Cowley sent a telegraphic despatch to the noble Earl, to announce that the French Government had come to the determination to demand the release of the Charles et Georges, on the ground that she had been condemned as a slaver when there was a delegate of the French Government on board. What did the noble Earl (the Foreign Secretary) do at this critical period? He did absolutely nothing. At this moment the case admitted of a friendly and peaceful settlement, but the noble Earl did not send a single instruction to our Ambassador at Paris as to the course he was to pursue. Looking at the high value the Emperor of the French had always said he placed on an alliance with this country, at the interest which the people of this country took in the question of the slave trade, at the peculiar position of this country with regard to Portugal, and at the fact that the Emperor of the French, after this affair was over, had now, in a manner which did him great honour, spontaneous given up the whole of this immigration scheme, could it be doubted that if the noble Earl had instructed Lord Cowley to bring the whole question seriously under the notice of the French Government, time would have been obtained for reflection, and the whole might have been settled in a friendly and peaceable manner. The next step in the affair was, however, that Mr. Howard reported that the Portuguese Government had resolved to propose a mediation. He informed the noble Earl by telegraph on the 5th of October that the Portuguese Government had directed their Minister at Paris to propose to the French Government to submit the difference to the mediation of a friendly Power, the choice to be left to France. Upon this, the noble Earl sent an instruction to our Ambassador at Paris in which he said that, "any hostile proceeding by France against Portugal should be strongly deprecated by your Excellency, and you should put forward the Paris Protocol at a suitable time." But not a word was said as to Portugal being in the right, and no opinion was expressed in her favour. He only deprecated hostilities and in a vague manner referred to the Paris Protocol. Their Lordships knew that in these diplomatic transactions very much depended on the form in which communications were made from one Government to another. There were various forms which might be adopted. A despatch might be sent to our Minister at a foreign Court, directing him to read that despatch to the Government to which he was accredited, or if it were a more serious case, to leave a copy of that despatch. Nothing of the kind was done here. Lord Cowley was practically left in the position of an Ambassador without any definite instructions, and he must have found his hands exceedingly weakened. He did nevertheless all he could do by himself; but after all, an Ambassador, even one holding so high a position, was but an agent-he must have instructions from his chief, or he could not have his full weight with the Government to which he was accredited. The noble Earl, however, did take another step, and in order to show that he had acted with energy, he sent two British ships to the Tagus. But what that was done for, he (Lord Wodehouse) really could not imagine. It could not be said that it was done for the protection of British subjects, since none were in danger; and as for watching the French squadron, there could be no use in that, when no instructions were given to interfere with its proceedings. He did think Her Majesty's Government might well have spared the officers of those British ships the mortification of looking on, and witnessing what he must call the humiliation of our Ally. The Portuguese Minister at Paris (M. de Paiva) proceeded meanwhile to propose arbitration to the French Government; he did this in a document which was calm, temperate, and unanswerable. It might have been thought that Her Majesty's Government, having been apprised of the intention to refer the matter to arbitration, and having promised their good offices, would have instructed onr Minister at Paris to support that proposition. But we might judge what support was given by referring to the noble Earl's despatch to Mr. Howard dated October 9th, in which the noble Earl said, "The good offices of Her Majesty's Government will gladly be given to prevent a collision between France and Portugal, but they have no decisive information on the case of the ship." He would ask whether no decisive information was contained in the despatches which Her Majesty's Government had received from Mr. Howard, dated the 26th of August, the 6th, the 8th, and the 28th of September? The noble Earl went on to say that in the opinion of Her Majesty's Government, "the Portuguese Government had better drop the prosecution, if there were informalities during or after the seizure." So, the good offices of the a court of his own. Should the Portuguese Go- our Ambassador. He said : noble Earl came to this-that he recom- | speaks of him as of an independent ruler, having mended the Portuguese Government to abandon the whole of the case. Why could it be supposed that this was not known at Paris-that the French Government was not aware that we were, instead of supporting Portugal practically pressing her to yield? Of course it was known, and the French claim was pressed without intermission. The Portuguese Minister at Paris, assisted by M. Lavradio, the Portuguese Minister at our own Court, who went to Paris, then effected an arrangement, or thought they had done so, which would have been satisfactory-it was, that the ship should be given up, and that the whole case of the legality of the capture, and the question of indemnity should be referred to the mediation of a friendly Power. That would have been a fair and honourable arrangement. What was the course pursued by the noble Earl? After having pondered upon the matter, he evidently thought that he had hit on an admirable expedient, which he (Lord Wodehouse) would state in the noble Earl's own words. In a despatch of the 15th Oct. to Mr. Howard, after saying "That the French captain and delegate had obtained from the Sheik of Matabane à permission to engage and export labourers of his tribe; and that in a document (which is published in the Daily News of the 12th instant) the contract declared itself to have been made and passed at the Court of the said Sheik.' The noble Earl goes on to say "The document runs thus:- It is agreed and understood that you hire yourself for five years to go to the isle of Bourbon, in the ship Captain You are hired at the rate of two piastres per month during the whole period of your engagement. As soon as the engagement shall be ter minated, you will be free, either to remain in Bourbon, or to return to your country. The present contract is made and passed at the court of the Sheik of the Matabane tribe, in the presence of the Sheik Ali, of the agents Ali Mouro, Sidi Sidi, the interpreter of the ship, and the captain, and signed by witnesses in the presence of the above hired labourers, after having been read by the interpreter.' You are aware that Her Majesty's Government have never altered their opinion as to the analogous nature of the French scheme for exporting negroes with that of avowed slave trade. It is not, however, with a view to support that opinion, fortified by the present case, that I address you, but in the hope that a suggestion may be accepted which may solve this question of national honour. If the above statement is correct, it appears to Her Majesty's Government that Portugal, without any sacrifice of her dignity and rights, may admit that the French delegate and captain, when negotiating with the Sheik of Matabane, believed him to be an independent chief, and were ignorant of his being a dependent subject of the Portuguese Government; for their contract "Count Walewski has never attempted, in his conversation with me on this matter, to call in doubt the sovereignty of Portugal over the district of Matabane. I am afraid, therefore, that the mode of settling this misunderstanding between the French and Portuguese Governments, suggested by your Lordship, will not apply to the case. But I feel confident that if M. de Lisle will act up to the conciliatory instructions which were transmitted to him on the 12th instant, means will be found at Lisbon of settling the dispute." The only suggestion made by the noble Earl was that the Portuguese Government should submit, and by what he (Lord Wodehouse) must be permitted to call a miserable subterfuge creep by a back-door out of the matter, instead of settling it in a manner consistent with their honour and dignity. While the noble Earl was wasting time in useless suggestions, the matter was settled at Lisbon. M. de Lisle made a peremptory demand for the restoration of the ship, and the only point which he consented to have referred to arbitration was the amount of the indemnity, adding that if his demand was not complied with he should quit Lisbon with his suite, and leave, the matter in the hands of the French Admiral. The Portuguese Government. under these circumstances naturally had recourse to the Minister of their faithful Ally for counsel and support. Would their Lordships believe that Her Majesty's Minister was altogether without instruction. The noble Earl might say that he had not time to give instructions. Now it happened that the answer to that assertion was extremely easy. tion was extremely easy. Their Lordships would find that Mr. Howard, in a despatch of the 27th October, said : "The Marquis de Loulé communicated to the Marquis de Lisle, on the 22nd instant, the foregoing statement of Count Lavradio, concerning the assent of Count Walewski to his proposal that, after the release of the vessel and captain, the whole question should be submitted to arbitration, with a view to ascertain whether the Marquis de Lisle was disposed to agree to such an arrangement. But the French Minister replied that, notwithstanding his great wish to do what was in his power to facilitate a conciliatory settlement, he was precluded by the terms of his instructions, as contained in Count Walewski's despatch of the 13th |