à sa note du 13 Décembre, 1864, que le Gouvernement du Roi n'est pas encore convaincu de la nécessité de changer la législation des Pays-Bas, afin de fixer des peines plus sévères contre ceux qui se livrent à la Traite des Nègres. D'après la loi existante, tous ceux qui se rendent coupables d'une participation quelconque à la Traite des Esclaves sont punis de quinze années de travaux forcés, d'une amende de 10,000 francs, et de la confiscation des bâtiments employés. Cette pénalité paraît suffisamment rigoureuse, et si dans une loi que l'on promulguerait dans les Pays-Bas sur la piraterie, loi qui fait défaut encore à la législation Néerlandaise, et qu'on craint ne pouvoir faire passer d'ici à quelques années, on attachait à ce crime la peine immédiatement inférieure à la peine de mort, l'augmentation de celle existant actuellement contre ceux qui sont engagés dans l'odieux trafic en question serait de fort peu d'importance, savoir, cinq ans de réclusion de plus-augmentation qui peut être considérée comme balancée par la confiscation des bâtiments négriers et par l'amende considérable susmentionée, qui, dans la penalité existante contre la Traite, viennent aggraver la punition des coupables. Le Soussigné se flatte que les explications qui précèdent suffiront pour faire comprendre à M. l'Envoyé Britannique, que lors même qu'il existât dans le Royaume une loi sur la piraterie, et que le Gouvernement du Roi voulût y assimiler la Traite, la penalité à établir ne saurait guères, en regard aux dispositions du Code Pénal Néerlandais, être plus rigoureuse que celle qui existe déjà en vertu des lois de 1818 et 1824. Le Gouvernement des Pays-Bas a été du reste toujours disposé à combattre, par tous les moyens en son pouvoir, les Trafic des Esclaves, et continuera à suivre cette ligne de conduite, tracée par le devoirs de l'humanité aussi bien que par les stipulations des Traités conclus avec la Grande Bretagne. Le Soussigné, &c. No. 78. (Signé) E. CREMERS. My Lord, Sir J. Milbanke to Earl Russell.-(Received March 6.) The Hague, March 2, 1865. IN reference to the correspondence which has passed between the Netherlands and Her Majesty's Government, and especially to your Lordship's despatch of the 17th of June, 1864, relative to the criminal proceedings instituted against the captain of the slaver " Jane," I have the honour to inclose herewith copy of a note addressed to me by the Minister for Foreign Affairs, in which, whilst returning the legalized papers relating thereto which I had placed in his Excellency's hands, I am informed that the trial of the supposed master of that vessel, Gorsira, has terminated in an acquittal, and that the proceedings against the captain, Prince, were arrested by the death of that individual on the 26th of July last. I have, &c. (Signed) J. R. MILBANKE. Inclosure in No. 78. M. Cremers to Sir J. Milbanke. La Haye, le 28 Février, 1865. LE Soussigné, Ministre des Affaires Etrangères, a l'honneur de porter à la connaissance de Sir John Milbanke, Envoyé Extraordinaire et Ministre Plénipotentiaire de Sa Majesté Britannique, que d'après les informations qui viennent d'être transmises au Département des Colonies par le Gouverneur de Curaçao, la procédure instituée constate que le Sieur Gorsira, ancien propriétaire du navire "Jane," a été entièrement terminée par un verdict acquittant complètement ce dernier du seul fait qui donnait lieu à des soupçons contre lui, savoir, d'avoir prêté son nom à l'effet d'obtenir des lettres de mer Néerlandaises pour le dit navire, qui en réalité serait demeuré propriété étrangère. L'instruction criminelle entamée à Curaçao contre le Sieur Prince, capitaine de la "Jane," n'a pu être continuée, attendu que celui-ci est décédé dans cette ville le 26 Juillet, 1864. En renvoyant ci-joints à Sir John Milbanke les pièces relatives à la déclaration de bonne prise de la " Jane" par la Cour Mixte de Sierra Leone, le Soussigné saisit, &c. (Signé) E. CREMERS. PORTUGAL. My Lord, No. 79. Sir A. Magenis to Earl Russell.-(Received January 2, 1865.) Lisbon, December 12, 1864. I HAVE the honour to inclose herewith a translation of a note from the Duke de Loulé dated the 6th instant, in reply to the note which I had addressed to his Excellency, in conformity with the instructions contained in your Lordship's despatch of October 8th, complaining of the conduct of Judge Dantas, in admitting to bail at Loanda the captain of the captured Spanish vessel " Virgen del Refugio." This answer appears to me to be very unsatisfactory, and I shall say so to the Duke de Loulé on the first opportunity. The Portuguese Government admits the illegality of Judge Dantas' proceedings, and nevertheless it has done nothing either to inflict punishment on him for his conduct, or to declare the illegality, for the future, of similar conduct; and the Royal order (" Portaria") which has been sent out to Loanda merely endeavours to prevent its recurrence, in a roundabout way, by interposing legal delays. I have, &c. (Signed) Inclosure in No. 79. ARTHUR C. MAGENIS. The Duke of Loulé to Sir A. Magenis. (Translation.) Foreign Office, Lisbon, December 6, 1864. IN reply to the note which you were pleased to address to me on the 15th of October last, with respect to the conduct of Judge Dantas, in admitting to bail at Loanda the captain of the Spanish vessel " Virgen del Refugio," which had been engaged in the Slave Trade, I have the honour to communicate to you the contents of a despatch dated the 30th of November last, which I have received from the Minister of Marine. In that despatch his Excellency informs me that the Governor-General of the Province of Angola had reported to him the conduct of that Judge in allowing the bail in question, an act which, in spite of the attempt made in that Court of First Instance to justify it by means of precedents of a similar nature which were quoted, was nevertheless declared to be illegal, on account of the nature of the crime, not only by the AttorneyGeneral attached to the Court of Relação at Loanda, but also by the Councillor and Assistant Attorney-General to the Crown attached to that Department. That Minister further adds, that in accordance with these views an order ("Portaria") had been sent out to the aforesaid Governor-General, directing him to issue the necessary instructions to the Public Prosecutor ("Ministerio Publico ") to the effect that whenever any Judge should think proper to grant bail in cases of a similar nature, he should, in order to prevent it, lodge as many appeals as the law will allow. I avail, &c. My Lord, No. 80. Sir A. Magenis to Earl Russell.-(Received January 2, 1865.) Lisbon, December 26, 1864. IN obedience to the instructions contained in your Lordship's despatch dated the 7th instant, I addressed to his Excellency the Duke of Loulé a note, dated the 16th of this month, copy of which I have the honour to inclose, calling his Excellency's attention to the information which has reached Her Majesty's Government, to the effect that the Governor of Benguela stands alone as the encourager of the Slave Trade on the coast of Africa, and as the sharer in its profits; and I requested his Excellency to be good enough to inform me whether any, and if any what, steps had been taken to prevent the exportation of slaves from the Portugueso Possessions in Angola; stating, in conclusion, that it would greatly tend to better the relations of the two Governments, if that of His Most Faithful Majesty would take energetic measures for suppressing the Slave Trade in their Possessions. To this note his Excellency has, as yet, merely replied by informing me that it had been communicated to the Minister of Marine. I have, &c. (Signed) ARTHUR C. MAGENIS. Inclosure in No. 80. Sir A. Magenis to the Duke of Loulé. M. le Ministre, Lisbon, December 16, 1864. HER Majesty's Government have for some time been aware that a considerable number of slaves have been, within the last year, exported from the Portuguese Possessions to the southward of Loanda; and it has been stated to Her Majesty's Government that while the Governors of Angola and Mossamedes appear to be endeavouring conscientiously and strictly to carry out the engagements of the Portuguese Crown for the suppression of the Slave Trade, the Governor of Benguela stands alone as the encourager of that Traffic and the sharer in its profits. Her Majesty's Principal Secretary of State for Foreign Affairs has instructed me to request your Excellency to inform me whether any, and if any what, steps have been taken to prevent the exportation of slaves from the Portuguese Possessions in Angola, and to punish the parties engaged in this Traffic; which it is no less due to the interests of the Colony than to the engagements of the Portuguese Crown to put a stop to. I am also instructed by Her Majesty's Government to state that it would greatly tend to better the relations of the two Governments if that of His Most Faithful Majesty would take energetic measures for suppressing the Slave Trade in their Possessions. I avail, &c. Sir A. Magenis to Earl Russell.-(Received January 2, 1864.) My Lord, Lisbon, December 26, 1864. IN accordance with the instructions contained in your Lordship's despatch dated the 7th December, I addressed a note to the Duke of Loulé on the 15th instant, copy of which I have the honour to inclose, acquainting the Government of His Most Faithful Majesty with the invitation of Her Majesty's Government to unite in making a general declaration that the Governments who are parties to it to denounce the Slave Trade as piracy. I have, &c. M. le Ministre, Inclosure in No. 81. Sir A. Magenis to the Duke of Loulé. Lisbon, December 15, 1864. I HAVE the honour, in accordance with instructions which I have received from Her Majesty's Principal Secretary of State for Foreign Affairs, to invite the earnest attention of the Government of His Most Faithful Majesty to certain measures, the adoption of which on the part of the Governments interested in the suppression of the Slave Trade, would, in the opinion of Her Majesty's Government, be most effectual in putting a stop to that atrocious Traffic. Her Majesty's Government contemplating, on the one hand, with satisfaction the unanimous abhorrence which the crime inspires, and, on the other hand, with pain and disgust the Slave Trading speculations which still subsist, have come to the conclusion that no measure would be so effectual to put a stop to these wicked acts as the punishment of all persons who can be proved to be guilty of carrying slaves across the sea. Her Majesty's Government therefore invite the Government of His Most Faithful Majesty to consider whether it would not be practicable, honourable, and humane : 1st. To make a general delaration that the Governments who are parties to it denounce the Slave Trade as piracy. 2ndly. That the aforesaid Governments should propose to their Legislatures to affix the penalties of piracy, already existing in their laws, provided only that the penalty in this case be short of death, to all persons being subjects and citizens of one of the contracting Powers, who shall be convicted in a Court which shall take cognizance of piracy, of being concerned in carrying human beings across the sea for the purpose of sale, or for the purpose of serving as slaves in any country or colony in the world. In submitting these most important propositions for the serious consideration of the Government of His Most Faithful Majesty, I avail, &c. Sir A. Magenis to Earl Russell.-(Received January 2, 1865.) My Lord, Lisbon, December 26, 1864. IN accordance with the instructions conveyed to me in your Lordship's despatch of the 8th instant, I addressed a note to his Excellency the Duke of Loulé on the 15th of this month, copy of which I now inclose, in which, after calling the attention of the Government of His Most Faithful Majesty to the increase of the Slave Trade from the southern portion of the African coast, I requested his Excellency to be good enough to favour me with the Report of Senhor Figueiredo, one of the Judges of the Court of Relação, who was sent by the Governor of Angola to inquire into the state of the Slave Trade in Benguela, and, in conclusion, expressed the deep regret which Her Majesty's Government feel that the best exertions of His Most Faithful Majesty's Government are not made to suppress the Slave Trade. The Duke of Loulé has as yet only replied to my note by stating that it had been communicated to the Minister of Marine. I have, &c. (Signed) ARTHUR C. MAGENIS. Inclosure in No. 82. Sir A. Magenis to the Duke of Loulé. M. le Ministre, of Africans have been shipped from the Portuguese Possessions to the southward Loanda, and Her Majesty's Government are therefore naturally anxious to learn from wha localities these slaves have been embarked, in order that the attention of the commander of Her Majesty's ships of war may be directed to the neighbourhood of the places from whence these shipments have taken place. 8 Her Majesty's Government have been informed by Her Majesty's Commissioner at Loanda, that, in conformity with instructions from the Portuguese Government, the Governor-General of Angola sent Senhor Figueiredo, one of the Judges of the Court of Relação, on a special mission to Benguela, with the view, if possible, to discover the persons who have been engaged in the Slave Trade that has lately been carried on in that district, and that the Report of Senhor Figueiredo has been forwarded to Lisbon. I have been instructed to request your Excellency to be good enough to favonr me with the substance of the Judge's Report on this subject, for the information of Her Majesty's Government. In conclusion, I have been further instructed to express the deep regret which Her Majesty's Government feel that the best exertions of His Most Faithful Majesty's Government are not made to suppress the Slave Trade. I TRANSMIT herewith, for your information, a copy of a despatch which I have addressed to Her Majesty's Minister at Madrid on the subject of the Cuban Slave Trade.* No. 84. I am, &c. Sir, Earl Russell to Sir A. Magenis. Foreign Office, January 8, 1865. WITH reference to your despatch of the 28th ultimo, I have to instruct you to acquaint the Portuguese Government that Her Majesty's Government have ascertained that it was to the Island of St. Thomas, in the West Indies, and not to the Portuguese Island of San Thome, that the notorious Spanish slave-steamer “Ciceron" proceeded after her unsuccessful attempt to ship a cargo of slaves from the African coast in the month of June last. &c. I am, My Lord, Sir A. Magenis to Earl Russell.-(Received February 7.) Lisbon, January 28, 1865. IN obedience to the instructions contained in your Lordship's despatch of the 28th of July last, relating to the Spanish vessel "Ciceron," engaged in the Slave Trade, and reported to have been abandoned by her captain at the Island of San Thomé, Í addressed a note to the Duke of Loulé on the 15th of August, copy of which I now inclose, furnishing him with the information which Her Majesty's Government had received with respect to the nefarious designs of the above-mentioned vessel, and stating that Her Majesty's Government would be glad to be informed whether the report of the abandonment of the "Ciceron" was well founded, and, if so, what had since become of her. The Duke of Loulé informed me, under date of the 20th of August, that he had * No. 121. |