and a

man E

Mr.

he trusted the noble Lord would give the were clause his favourable consideration. ough

Clause brought up and read a first time. carrie

On the Motion that it be read a second Gran time,

Mr. Hume seconded the Motion with with pleasure. Coals that were unloaded in the he sh Port and transmitted to the eastward of clause London, were allowed a draw back on the duty, and all they wanted was to put the a sepa inhabitants of the west end on the same

Mr footing as those at the east, and being such, woula he did not think the Government could again offer any opposition to it. In his opinion, of life it was of the greatest importance to give be go all possible facility to the coal consumption, necess which trade was the great nursery of Brit- in the ish seamen, and every

restriction that was the ha removed from the trade would tend greatly fore i to encourage it. The Government had classes admitted the necessity for the removal of all possible restrictions from that trade, and that t he hoped that when the Government saw contin the great danger that trade was in of en- the co: tire annihilation from the competition of The railways, the Government would see the the cla necessity of conceding this slight boon. 24; N

Sir G. Clerk could not consent to the introduction of the clause. Although he was perfectly aware that some decrease had

Baine, taken place in the Greenland, South Sea,

Bowes, and coasting trades in the last few years, Brother still the prosperity of the general trade had Duncan increased so much that he was sure there Egertoi was not the slightest diminution in the Escoti, amount of tonnage, or in the number of Esmond seamen employed during the past year.

ring the past year. If Fergus they admitted the principle of allowing the Fitzma drawback on coals carried to Slaines, it

Forster

Grosven would be necessary to allow it also on coals carried by canal, and they had no legal Liddell.

Hutt, V means of preventing those coals from being Mitcalf afterwards carried back into the city boundaries.

Mr. Forster supported the second read. ing of the clause. He thought that

Baird, every

Baring, encouragement should be given to the ex

Bentinc tension of our coal trade by sea, instead of

Black bu hampering it by a continued increase of Bowles, duties.

Broadle Mr. Stuart Wortley maintained that the Bruce, allowance of the drawback would not pre

Buller, sent any difficulty that could not easily be Cardwe surmounted.

Clerk, r The Earl of Lincoln resisted the clause, Cripps,

Fitzroy, on the principle that the creditors of the

Flower, coal-duty fund would suffer materially by Fremant permitting the drawback, and that it would Fuller, 1 be a breach of faith to them to do so with. Gaskell, out their concurrence.

If the hon. Member Goulbur

a

TELLERS.

а

Smith, rt. hn, T. B.C.

to hon. Members a very imperfect idea of Spooner, R. Young, J.

its objects. He asked the attention of the Wellesley, Lord C. Lennox, Lord A.

House for a short time to a statement of Mr. Hume then moved, that the clause the subject now under consideration. For imposing the ld. tax be struck out, as the five or six years the Bill had been annually faith of Parliament was not pledged to renewed, which was making the law perthat.

manent, yet avoiding any discussion upon The Earl of Lincoln opposed the Amend the subject in that House. If it were ment.

thought desirable that the law should be The House again divided on the Ques- altered, let a Bill be introduced—let it be tion, that the words proposed to be left fully discussed, and let the law be settled out stand part of the Bill : -Ayes 41 ; Noes upon a fair basis, and so avoid the great 24 : Majority 17.

evil of suspending the operation of the law

by more renewal Bills. The present state List of the A yes.

of the law pressed very heavily upon a class Baird, W. Greene, T.

of men who were entitled to the kindest Baring, nt. hn. W. B. Hamilton, C. J. B. consideration of the House. It took a Bentinck, Lord G. Hamilton, G. A. considerable portion of the income from Blackburne, J. I. Herbert, rt. hon. S. those, than whom no body of men were Blake, Sir V. Hussey, A.

more charitable in their several parishes; Broadley, H.

Jermyn, Earl Bruce, Lord E.

he meant the parochial clergy. Year after Jocelyn, Visct. Cardwell, E. Kemble, H.

year he had allowed the annual Bills to Clerk, rt, hon Sir G. Lennox, Lord d.

pass without observation, upon the underCripps, w.

Lincoln, Earl of standing that the subject should receive Denison, E. B. Lowther, Sir J, H. the consideration of the House. He had Douglas, Sir H. Mackenzie, W. F. expected that some attempt would be made Duckworth, SirJ.T.B. Patten, J. W.

in the present Session to settle the Egerton, W.T. Peel, J.

question of rating of all kinds of proEsmondé, Sir T. Polhill, F. Fitzroy, hon. H. Rous, hon, Capt.

perty-a question which he admitted to

be full of difhculties and he had waited Flower, Sir J. Smith, rt. ho. T'. B. C. until last week, when the present Bill Fremantle, rt.bn. Sirt. Spooner, R. Fuller, A. E.

was introduced; he then saw there was Wellesley, Lord C. Gaskell, J. Milnes

no hope that Her Majesty's Government Goulburn, rt. hon. H. Young, J.

would take the matter into their own Graham, rt, bn. Sir J. Baring, H.

hands; and, therefore, he had determined

to call the attention of the House to it. List of the Noes.

He trusted the right hon. Baronet would Aldam, W.

Masterman, J. not allow the Session to terminate without Baine, W. Mitcalfe, H.

giving an assurance that the subject should Bowes, J.

Muntz, G. F. receive the attention of Her Majesty's GoBrotherton, J. O'Connell, M. J.

veroment during the recess, and that early Crawford, W. s. Palmer, R.

next Session they would be prepared to Duke, Sir J.

Somerville, Sir W, M. introduce a Bill to define and settle the Duncan, G.

Strickland, Sir G.
Escott, B.
Tuffnell, H.

law, and prevent the continuance of a great Ferguson, Sir R. A. Wakley, T.

and pressing grievance. Having performed Forster, M. Wawn, J.T.

a duty he felt incumbent upon him, he Grosvenor, Lord R.

would not oppose the second reading of Hawes, B.

the present renewal Bill; but he sincerely Hutt, W. Hume, J.

trusted it would be the last of its kind Liddell, hon. H. T. Wortley, hon. J. S.

upon that subject.

Sir J. Graham agreed with the hon.

Baronet that the subject was one of very STOCK IN Trade.) On the Motion of considerable difficulty, and one of deep inSir James Graham, that the Stock in Trade terest to that respectable class of men to Bill be read a second time,

whom he had more particularly alluded. Sir R. Inglis presented two petitions The claim of the clergy to exemption from against the Bill; one from the deanery of rating was founded upon two grounds, and Exeter, and the other from the clergy of there had been two different decisions Sussex. The hon. Baronet then proceeded upon the question in courts of law. The to state, that the title of the Bill conveyed first case was that of "The King v. Jod

TELLERS.

TELLERS.

Bill passed.

a

drell,” wherein the decision of the Queen's that of the Brazils had been laid upon the Bench was in favour of the claim. That Table of the Bouse; but it appeared to was in the year 1835; and about the same him that there yet remained important time, the Tithe Commutation Bill and the matters which should be made known, Rating of Property Bill were under con- before the House could be in a condition to sideration, and clauses were introduced judge whether it were right and proper into those Bills giving the clergy the bene- to share in the responsibility of commencfit of that decision; but it was taken from ing, as it were, a series of hostilities, for them by a subsequent decision of another that was, perhaps, not too strong an exclause. The clergy, in his opinion, sus- pression to use, against the Brazilian Em

1 tained no injury from the present state of pire. Hon. Gentlemen might have imathe law, nor did they possess any claim gined that this was a measure in accordance other than that which belonged to them with other Acts which had passed through under the ancient law, when farmers were Parliament, namely, acts enabling the rateable only in proportion to their rents, . Government to execute Conventions with and not in reference to their profits; and Foreign Powers in reference to the Slave so far from the clergy being placed in a Trade. But on looking into the provisions

1 disadvantageous position in comparison with ' of this present Bill, they would find that other ratepayers, they stood in exactly the it called upon Parliament to give to the same position as they did when the Tithe Executive Government a power to exercise Cominutation Act passed. He had said acts of hostility towards the subjects of the before that he thought the whole question Brazils, which acts must be viewed by that of rating well worthy the attention of the country in a light calculated to lead to reLegislature. It appeared to him very doubt- sentment and retaliation on the part of the ful whether the present parochial system of Brazilians, and perhaps superinduce a series imposing the rate was the best that could of difficulties greatly impeding the trade at be devised ; and he thought it worthy of present carried on between this country and consideration whether some system not the Brazils. This measure would authorconfined to such narrow limits, could not ize our cruisers to seize and stop all vessels be adopted after mature deliberation. He on the high seas suspected of being enthought, also, that it was desirable that gaged in the Slave Trade, and which they there should be a better appeal against any supposed to belong to the Brazils. It inequality of rating. For any such ine- would authorize the Ministers to empower quality which might at present exist, there such person or persons as they chose to stop must be a general remedy; but he should any vessel on the high seas, if to such person deceive his hon. Friend if he held out to or persons it appeared that the vessel in queshim any expectation of a special remedy in tion was engaged in the Slave Trade. This favour of the clergy.

would lead to the detention of vessels, the Bill read a second time.

examination of their papers, and to other

circumstances which might very soon inSLAVE TRADE (The Brazils.)] On volve us in difficulties with Foreign Powthe Order of the Day that the House go We had a Slave Trade Convention into Committee upon the Slave Trade with the Brazilian Empire. A portion of (Brazils) Bill being read,

that Convention had lately expired. In Mr. Milner Gibson, feeling that this the portion which had thus expired, there was a measure in the nature of a Penal Act were provisions giving to the respective against a friendly Power, and that it in- Powers-England and the Brazils—a right volved considerations of the greatest im- of mutual search and visit of the ships of portance, bearing upon the peace and safety the two countries, and also provisions estabof Her Majesty's subjects in the Brazils lishing Mixed Commission Courts, for the and other parts of the world, had felt it purpose of adjudicating upon vessels seized his duty, before he should consent to the under the provisions of the Treaty. But House going into Committee, to request all these stipulations had now expired, and the right hon. Gentleman (Sir Robert Peel) the Brazilian Empire was no more bound to supply the House with such information by them than was the Government of relating to the subject as he had in his England. But it was said that there expower, in order to justify them in giving, isted, beyond these special provisions, a as they were called upon to do, their as- general obligation on the part of the Brasent to this Bill. The correspondence zilian Government to abolish the Slave between Her Majesty's Government and Trade ; an obligation which was to be found

ers.

a

а

in the First Clause of the Treaty of 1826, the accomplishment of the objects of the whereby the Brazilian Government bound Treaty, we had then a right to take some itself to declare that the carrying on of the means to enforce the obligations created Slave Trade by any of the subjects of the by the Treaty. But the Government were Brazils should be treated as piracy. But the bound to consider, in the case of the Braquestion here arose, whether, although the zils, that the Executive Government of Brazilian Government bound itself by such that country could no more do what they an obligation, that could form a justifica- pleased, in reference to such a question as tion, on the part of the House of Com the Slave Trade, than the right hon. Genmons, for giving to Her Majesty's Govern- tleman, who was the chief adviser of the ment the power of carrying out the obliga- Executive in this country, had it in his tion in that clause? It was urged that power to act as he pleased in reference to the time had now come for us to step for such a question as the Corn Laws, or any ward and interfere—for us to exercise the other question which had a powerful and power specified in the First Clause; and if interested party banded together for its supthe Brazilians would not abolish the Slave port. The Brazilians would feel that, in care Trade, that we should abolish it for them. rying out this Act, we were interfering with But this involved an important considera- their independence, and would also feel tion as regarded the law of nations. He themselves humiliated if they permitted us had the highest authority to quote, to the to do so. In addition to this consideration effect that the granting of such powers, on there were many poivers, passions, and the part of Parliament, to the Executive influences warring against the Government Government, would not be consistent with of the Brazils; and he would ask the the usual custom which obtained in cases House, before they consented to commit an of this kind between Foreign Powers. act of hostility towards that Power, to conWhen a Bill similar to this was intro- sider well the difficulties which that Goduced into Parliament by the noble Lord vernment had to encounter in any attempt the Member for Tiverton (Lord Palmer- which it might make for putting down the ston), the Duke of Wellington and the Slave Trade. He did not think that the Lord Chancellor rotested against it on policy which the Government of this counthis ground, amongst other grounds, that lry were now pursuing, was at all calcu. the object of the Bill was to authorize offi- lated to influence aright the only power cers of the Crown to exercise acts which that could put down the Slave Trademight be construed into acts of hostility public opinion, which might be rendered against Portugal. There was a second unfavourable to its continuance. Besides, protest to the same effect; and he was in- had the Brazilians done nothing to put formed, on the highest authority, that the down this odious traffic, in accordance with Bill in reference to Portugal was similar the Treaty of 1826 ? Had they made no in all its enactments to the present mea- sacrifices, had they made no concessions ? sure. When this country made the Slave They had done as much in this respect as Trade piracy, there was an express proviso other countries similarly circumstanced. in the Act of Parliament to the effect, that Could the right hon. Gentleman show the British subjects and British ships, if cap- House, from the Papers now on the Table, tured in following the Slave Trade, should that the Brazils had expressed a determibe tried by British tribunals; and the Act nation, from this time henceforth, to do gave no power to a foreigner or to a Foreign nothing to put down the Slave Trade? tribunal to adjudicate on the life or liberty He (Mr. M. Gibson) knew of no such of any of Her Majesty's subjects. That determination on the part of the Brazils. was sufficient to show that it was under- When negotiations were pending in August, stood, when the Treaty was entered into, 1841, the British Government submitted a that it was to be given effect to by the laws distinct proposal to put down the Slave of the respective countries. He admitted Trade. Negotiations progressed; but on a that there was a feeling in the breast of sudden, in 1842, a note was received from every man in this country, that when a the Brazilian Minister, conveying a perforeign country entered into a Treaty with emptory refusal to proceed any further in us, if there afterwards appeared a deter- the negotiation with respect to the Slave mination on the part of such foreign coun- | Trade. He would beg the House to try to avoid the carrying out of such Treaty, recall to their recollection at what period or a disposition to practise upon England, this took place. It was when the Goand to mislead us as to the course taken in vernment of this country had first an

a

a

nounced their intention to that of merely to seize and confiscate Brazilian the Brazils of carrying on thenceforth ships. It appeared, then, that our rights against that country a hostile commercial under this Treaty were questionable, and policy, and of placing its produce in our that the Government scarcely dared to ports under a species of ban and exclusion; exercise them. It seemed to him, also, that and it was when Mr. Ellis was sent out to if the clause of the Treaty did not give Rio Janeiro with instructions, which had the right to interfere with subjects, it never yet been produced to the House; and would not give the right to interfere he was confident that these instructions, with ships. Again, he would put it so studiously withheld, were an essential to the Government, was it proper to element for them to be in possession of, in press on a Bill of such importance, and order to be able to form a correct judg. involving such important consequences, ment upon the merits of the Bill now pre- with so much haste? An important sented to the House. Mr. Ellis's negotia- amendment had already been introduced tion had now come to a conclusion. No by the Government into the Bill since public interests could therefore now be it was first brought forward. They affected by the production of the corre- had provided that the parties who seized spondence and instructions; and before the these Brazilian ships should be entitled to right hon. Gentleman called upon them to the bounties and tonnage dues usually share in the responsibility of the contem- allowed in such cases. Now, let it be replated acts of hostility against the Brazils, collected, that Parliament had voted, out he was bound to show them that his own of the Consolidated Fund, 20,0001. or policy was not the policy which created 30,0001. to the officers and crews of our the necessity for now resorting to such a cruisers for seizing Brazilian slave ships. measure-a measure which he regarded as He would call upon the Government to nothing short of a declaration of war, and consider the probable result of the course that such necessity, if it existed, would they were now adopting on the minds of not be done away with by resorting to a foreign nations. Already suspicions as to different course of policy. They must have our motives were entertained; and it was the whole case before them, or they were said, in reference to the practice of sending not in a condition to give to the Bill the the negroes found in the captured slave support which was demanded of them. He vessels to our own Colonies, that England found in the papers before the House, that required labourers for her own Colonies, Lord Aberdeen admitted that this was an and was taking the shortest course to proextreme measure that he adopted it with cure them by sending those negroes which regret-and that if the Brazilian Govern- her vessels of war found in the captured ment entered into terms with reference to Brazilian ships into her own Colonies. the Slave Trade the Act would be repealed. Then the mortality amongst the negroes The noble Lord clearly intimated, by this during their passage to our Colonies was correspondence, that he was entering upon as great almost as in the middle passage, a harsh and hostile policy. Let the Go- and that improper crowding of vessels, vernment keep the responsibility of that which was so properly complained of as policy to themselves, and not call upon the a feature of the Slave Trade, we ourselves House to share it with them. If they were actually guilty of. A letter written

A thought that the circumstances of the case by Mr. MacLeod, dated Trinidad, Febrequired such measures, let them make warruary, 1844, mentioned that 288 negroes openly upon their own responsibility, and were brought in there in a vessel from Rio come next year to Parliament for a Bill of Janeiro, several having died on the passage. Indemnity, which, if a sufficient case were It was too generally the impression in the shown, Parliament would no doubt grant. Brazils that it was our own advantage we The Executive was shrinking from its real sought in our efforts to suppress the Slave duty on this question. The Bill itself Trade, and it was thought, too, by many showed that the Executive Government of that the reason why the officers in comthis country was doubtful of the rights mand of our cruisers were so active off the which it possessed by the clause in the coast of the Brazils was the bounties and Treaty of 1826. If the clause gave them pecuniary advantages which resulted to such rights as they stated, he said the Go. themselves from the seizure of slave vesvernment had shrunk from carrying those sels. He considered that the course we rights into execution. This Bill gave no were adopting was calculated to excite the power to deal with Brazilian subjects, but feelings and passions of the Brazilians