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in which British sailors excelled. Now he / of the nation the colours of which she has disthought that to be just the most impolitic played, and therefore one which he is not thing that the Government could

pos

authorized to search.” sibly have done. He recollected that in He wondered what difference would exist 1830, when the French squadron had been between the manæuvres of a French, or a first acting in conjunction with the Bri- Spanish, or a Brazilian vessel under such tish Navy in the North Sea and in the circumstances. Perhaps the right hon. and Mediterranean, a gallant officer compared gallant Admiral opposite (Sir G. Cockthe French vessels as being like so many burn), would enlighten the House on that Hoating islands.

The next matter to point. It then proceeds :which he would wish to allude was the Right of Visit. But was the right hou. Other circumstance, render such mode of visit

“ But should the strength of the wind, or Baronet so sure that the Right of Visiting the stranger impracticable, he is to require would not be as dangerous as the Right the suspected vessel to be brought to, in order of Search, or that it would not, in a short that her nationality may be ascertained; and time become equally obnoxious to the he will be justified in enforcing it if necessary : French Government as the Right of understanding always, that he is not to reSearch was ? What was the Right of Visit ? sort to any coercive measure until every other An English vessel on the coast of Africa shall have failed; and the officer who boards discovers a vessel with French colours. If the stranger is to be instructed merely in the the officer in command did his duty, he papers, or other proof, of her nationality ; and

first instance to satisfy himself by the vessel's should send a boat to her to discover whe- if she prove really to be a vessel of the nation ther there might not be some assumption designated by her colours, and one which he is of the French flag or not. Was it not al. not authorized to search, he is to lose no time most certain that if the vessel assumed false in quitting her, offering to note on the papers colours, she would also have a crew dressed of the vessel the cause of his having suspected as French sailors, and every

other necessary

her nationality, as well as the number of mideception to correspond? It would be, all) for the object in question ; such notation

(if therefore, the duty of the British officer to all) for the object in question ; such notation board the vessel ; but then they should see his rank and the name of Her Majesty's cruiser,

to be signed by the boarding officer, specifying the delicate and gentle manner in which and whether the commander of the visited the instructions which he had to follow vessel consents to such notation on the ves. had been prepared. It would really appear sel's papers or not (and it is not to be done to have been prepared by some gentleman without his consent); all the said particulars who had been all his life accustoined to are to be immediately inserted in the log book drawing rooms only. The language was

of Her Majesty's cruiser, and a full and comreally amusing. It was as follows:

plete statement of the circumstances is to be

sent, addressed to the Secretary of the Admi“ You are not to capture, visit, or in any way rally, by the first opportunity, direct to Enginterfere with vessels of France; and you will land; and also a similar statement to you as give strict instructions to the commanding offi- senior officer on the station, to be forwarded cers of cruisers under your orders to abstain by you to our Secretary, accompanied by any therefrom. At the same time you will remember remarks you may have reason to make thereon. that the King of the French is far from claim. The commanding officers of Her Majesty's ing that the flag of France should give immu- vessels must bear in mind that the duty of nity to those who have no right to bear it; and executing the instruction immediately precedthat Great Britain will not allow vessels of ing, must be discharged with great care and other nations to escape visit and examination circumspection. For if any injury be occasioned by merely hoisting a French flag, or the flag of by examination without sufficient cause, or by any other nation with which Great Britain has the examination being improperly conducted, not, by existing Treaty, the Right of Search.compensation must be made to the party agAccordingly, when from intelligence which grieved ; and the officer who may cause an the officer commanding Her Majesty's cruiser examination to be made without sufficient may have received, or from the manæuvres of cause, or who may conduct it improperly, will the vessel, or other sufficient cause, he may incur the displeasure of Her Majesty's Gohave reason to believe that the vessel does not vernment.” belong to the nation indicated by her colours, Well, what would happen under these inhe is, if the state of the weather will admit of it, to go a-head of the suspected vessel, after structions ? The captains of French mercommunicating his intention by hailing, and chant vessels cruising on the coast of to drop a boat on board of her, to ascertain her Africa would feel well that England had nationality, without causing her detention, in been bullied into giving up the Right of the event of her really proving to be a vessel Search. This was the plain meaning of

)

the Treaty; and whatever other terms Trade shall be negotiated with the native might be applied to it, the generality of princes or chiefs on the abovementioned part persons commanding French vessels would of the west coast of Africa, wherever it may adopt that more correct description of what seem necessary to the commanders of the Enghad been done, and believe that England Treaties shall be negotiated by the com

lish and French squadrons respectively. Such had been bullied by France into an aban

manders them ves, or by officers specially donment of the Right of Search, Well, instructed by them to that effect.” a British cruiser might fall in with a vessel. She might be French or not; but the Now he presumed that the term “reBritish officer could not ascertain that spective ” meant "conjointly,” and that fact without sending a boat to board her. the superior officers of the two nations The French captain might possibly be a could not conclude any of these Treaties violent man. He might have a great deal unless they could do so together. But of French pluck about him, and cry out, then the Sixth Article was in these words:“ I belong to la Grande Nation, and I

“Whenever it shall be necessary to employ want to know for what purpose I am de

force, conformably to the law of nations, in tained.” At such a time the smallest turn order to compel the due execution of any of the helm would be enough to run the Treaty made in pursuance of the present Conboat down. He perceived the right hon. vention, no such force shall be resorted to, Baronet smile ; but he could assure him either by land or sea, without the consent of that such occurrences were not uncommon. the commanders, both of the British and of the A French war cruiser might be in sight, French squadrons. And if it should be deemed and the captain of the French merchant necessary for the attainment of the objects of

this Convention, that posts should be occupied vessel might say that he would go on

on that part of the coast of Africa before deboard of her, and complain of the manner scribed, this shall be done only with the conin which he had been treated, and thus sent of the two high contracting parties." disagreement and ill-feeling between the crews of the two vessels would be fomented. Now, he would suppose that two comHe would illustrate his view of what might manders of French and British cruisers take place by a circumstance which occurred saw one of these Treaties, after being to himself on the coast of Syria. They had made, broken before their faces, and that orders to prevent Egyptian vessels from one of the two commanders-in-chief had coming into the port of Beyrout, and an gone to Cape Verd, while another had officer, in mistake, boarded a French vessel, sailed to the south ; were they to have no which they had no right to do. He had power of destroying these baracoons until intended writing a letter of apology to the they could consult both their soperior French captain, when the gentleman came officers? He would also wish to know on board, and on being informed of his why they were not to have French cruisers intention, very properly requested that the on the eastern, as well as on the western letter should be written. The letter was coast of Africa, as he believed slavery was afterwards sent to the French papers, and quite prevalent on the coasts of Madathe captain was cried up as being the gascar? The crews of the other ships greatest man that France had ever pro- would constantly be in sight of those of duced, because he had made an Eng- this country-watching how they acted, lish 84 gun ship apologize to him. The copying them in all respects, and, in fact, French Government very properly made learning the art of war. He should not public a correct explanation of the matter; be surprised if, not long hence, Russia but the captain was actually presented were to volunteer to enter into a Treaty with the Cross of the Legion of Honour of the same kind with Great Britain, in for his conduct. He hoped his apprehen- order that her cruisers also might derive sions would not be realized; but he cer- benefit from the education. He had little tainly very much feared that the right doubt that this was one of the reasons hon. Baronet would find a great deal more which induced France to enter into the difficulty to arise from the Right of Visit, Treaty. The right hon. Baronet had said than had ever been known under the that we had gained 6) degrees as reRight of Search. There was one Article garded the Right of Visit ; but the truth, of the Treaty to which he wished particu- was, that we had the Right of Search belarly to direct the attention of the House, fore, and a Right of Visit also in southern pamely, the Fourth. It stated that latitudes; we always had possessed the

" Treaties for the suppression of the Slave power of ascertaining whether a vessel

a

really belonged to the country whose flag Leone, and being retaken, were resold she bore. He did not see, therefore, and reshipped as slaves. In one slave what we had gained in this respect; and ship three were found who could talk we had certainly lost upon other points. English fluently, who had been liberated He would rather see the British Govern- at Sierra Leone, who had been recapment sustaining the whole expense of fifty-tured, resold to slavery, and retaken by two vessels of war, than acting conjointly a British cruiser. On the other hand in with a French or any other squadron.

the West Indies wages were higher, comforts great, and means of religious instruction abundant. He contended, there

Mr. G. W. Hope wished to say a few words in answer to what had fallen from his hon. Friend the Member for the Uni-fore, that it was the duty of Governversity of Oxford, and at that late hour of ment, by every fair means, but by fair the night they would be but few. His means only, to induce the natives to transhon. Friend had spoken of purchasing port themselves from the coast of Africa. slaves for the purpose of emancipating The hon. Baronet had contended that the them. He had, indeed, acquitted the Go- negro had no real option, and that it was a vernment of Trinidad on this subject; but mere mockery; but what he had said tohe ought to have said that when proposals night did not well tally with his former stateof the kind were made, they were met by ments and opinions upon the subject. a most decided negative. The British The hon. Baronet had said, that the choice Government had objected to any proposal was frequently between starvation and that might be so abused; and the noble emigration, and that bribes were held out Lord under whom he served was of opin- in the shape of bounty money, tobacco, ion that the purchase of slaves in this and promises of kind treatment, to induce way might virtually encourage the Slave them to go to the West Indies. At all Trade, under the pretence of free einigra- events, this statement negatived any astion, and the great body of the West sertion of the use of force and compulIndians had never advocated any course sion; and the officer to whom he had laying them open to such a charge. The before alluded, had enabled him to conmore immediate object of the observations tradict it. He had asked him how it of the hon. Baronet was the treatment of happened that so few liberated Africans liberated Africans at Sierra Leone; and were persuaded to go to the West Indies? this very day, he (Mr. Hope) had had an and he had answered that it depended opportunity of conversing with a lieutenant on the advice they received from their of the Navy, who had been engaged in own countrymen; they were only to be the service: the account he gave did not reached by interpreters. The object was lead him (Mr. Hope) to assent to the to give them a fair and free choice, to facts, much less to the deductions, of the place the advantages clearly and truly hon. Baronet. It was undoubtedly the before them; whereas, it would be inopinion of the Government that liberated ferred from the statement of the hon. slaves could be settled more satisfactorily Baronet, that no option was allowed, and to themselves in the West Indies than at that when once they had consented to Sierra Leone. On this point he might go, they were not permitted to alter their refer also to the statements of the Go-determination. So far was this from being vernor of Sierra Leone, himself a man of the case, that the negroes constantly changcolour, and to the information derived fromed their minds before they quitted Sierra the members of the Mixed Commission. Leone; and, in one instance, 180 had so Hence it appeared, that at Sierra Leone changed their minds. It was evident, the negroes worked at a low rate of wages, therefore, that the assertion of the hon. and although they had some means of Baronet was ill-founded. education and spiritual instruction, they Captain Pechell stated, that the right. enjoyed none of the advantages possessed hon. Baronet was completely mistaken as by the negroes in the West Indies. If to the benefits which he expected to denot a slave, he was a mere drudge. To rive from the Convention. The right hon. the same effect he might read an extract Baronet attributed the clamour against the of a letter from Mr. Hooke, the Secretary Right of Search in France to the feeling to the Mixed Commission, who added that which had been excited against his noble the liberated negroes often became wan-Friend; but this was not the case, for derers among the mountains near Sierra I nothing was heard on the subject until

Russia and other Powers were invited to but it was obvious on that occasion, that join this country and France in Conven- any deficiency in the reply of the right tions similar to those of 1831 and 1833. hon. Baronet did not arise from any want He would refer to the authority of MM. of knowledge or ability on his part, but Guizot and the Duke de Broglie. He de- because no one could properly answer the nied that the Right of Search could not points which had been put. The right have been maintained if proper steps had hon. Baronet had said that he had on been taken for that purpose. He was every occasion taken the opportunity of proud to find that a naval officer, much speaking disparagingly of France. He to his honour, stated this in the French denied it. He never thought of speaking Chamber. Admiral Roussin had stated disparagingly of France. Every sensible there, that as he knew the Slave Trade man must feel the greatest respect for could not be put down without the main- the French nation; and must desire that tenance of the Right of Search, he would France and England should be on the wave any jealousy with respect to the most friendly terms. He did not wish French flag on that point. He, therefore, to boast of what had been done by the thought that there was no ground for this Government to which he had belonged; country making the enormous sacrifice yet, he believed, that they did as much to which had been made by this Convention. cement a good understanding between The Treaties with Spain and Portugal the two countries as it was possible under might also be thrown up on the same the circumstances to accomplish. The ground. The means which were to be right hon. Baronet had stated, that he was adopted under the Convention would be mistaken in stating that no remonstrance perfectly harmless as regarded the Slave was made by the British Government to Trade; and it was a delusion to suppose France for not ratifying the Treaty of that any assistance would be given by the 1841. He made his statement on the French squadron for this purpose, unless assertion of the French Minister in the by landing and taking possession of the French Chambers, who declared that Engslave factories on the coast. The French land had made no remonstrance on the squadron could not stop slave ships under subject. He agreed with the right hon. the Spanish, Portuguese, or Brazilian flags, Baronet that the refusal to ratify the because there were no Treaties between Treaty, was not a cause for war between France and those Powers respecting the the two countries. He would go further, Right of Search. Much more harm would and say, that it was not a cause for any be inflicted on the commerce of England serious coldness between the two Governon the coast of Africa, by the presence of ments; but, for the sake of example and the French squadron there, than there was precedent, it would have been well to have any chance of arising from any collision written, not merely a despatch to the Engthat would take place under the Right of lish Ambassador, but a note to the French Search. He could not conceive how any Government, stating calmly and dispasnaval man could sanction such a sacrifice sionately the reasons why this Government as had been made under this Convention. objected to the course taken by them Viscount Palmerston said, that he had on the subject. He was inclined to very few observations to make in reply to doubt whether Her Majesty's Government what had fallen from the right hon. Baro-acted prudently in declining the profernet. The right hon. Gentleman had stated modifications of France, especially if ed that, from his position in the Govern- they were only of a trifling and immament, and from the great labour which he terial character. It was likely that the had to perform, it was difficult for him to rejection of those modifications was the reply entirely on the moment to observa- cause why the ratification of the Treaty tions which might be made on such a sub-was not made. The right hon. Baronet ject as the present. It arose from the pre-had referred to the despatch addressed by sent constitution of the Administration, as him (Viscount Palmerston) to Lord Granthe Foreign Department had no repre- ville on the 7th of April, 1831, by which sentative in that House; and it was im- was proposed to the French Government possible for a Member of the Cabinet to an unlimited Right of Search. To this send a copy of his speech, or even the proposition, France gave a positive refuheads of what he meant to say to the right sal. It was then proposed, that a tempohon. Baronet two or three days beforehand; Irary arrangement should be made between

Hutt, W.

Holland, R.
Horsman, E.
Inglis, Sir R. H.
Labouchere, rt. hn. H.
Leveson, Lord
Mangles, R. D.
Martin, J.
Moffat, G.
Morris, D.
O'Connell, M. J.
Napier, Sir C.
Ord, W.
Palmerston, Visct.
Redington, T. N.

List of

the two Governments, for interchanging | Hindley, C.
warrants without founding them on any
Treaty. That proposal pleased the French
Government, and they agreed to it; but,
instead of its being made an experimental
and temporary arrangement, France con-
sented to embody it in a Treaty. The
moment it was so embodied, it no longer
remained a matter of arrangement between
the two Governments. The right hon.
Baronet must, therefore, admit that he
had misunderstood the nature of the
Treaty. All he (Viscount Palmerston)
could say, with respect to the number of
cruisers to be maintained by the two Go-
vernments was, that this country had
treated with France as a Power acting
upon the principles of honour and self-
respect. He never believed France would
seek to avail herself of any means of eva-
sion. He would not now, believe, that if
the Government had refused to abrogate
the Treaty, France would not have felt it
due to her honour and dignity to act upon
the fair spirit and meaning of it. With
reference to the explanation given by the
right hon. Baronet of the nature of the
evidence given by the officers before the
Commissioners, he (Viscount Palmerston)
was willing to make a bargain. If the
right hon. Baronet would give him a list
of the names of the witnesses examined,
and an extract of such parts of their evi-
dence as related to the value of the mu-Chute, W. L. W.
tual Right of Search, as a means for the
suppression of the Slave Trade, he would
modify his Motion to that extent. He
would in that case leave it to the Govern-
ment to use their perfectly free and un-
qualified discretion to select the passages
aud expressions of the witnesses. But if
the right hon. Gentleman refused to do
this, he should feel it his duty to take the
sense of the House upon the Motion as it
stood.

The House divided:-Ayes 51; Noes

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Acland, Sir T. D.
A'Court, Capt.
Antrobus, E.
Baillie, Col.
Bailey, J.
Baldwin, B.
Barkly, H.
Baring, rt, hn. W. B.
Barrington, Visct.
Blackburne, J. I.
Boldero, H. G.
Bowles, Adm.
Boyd, J.
Bramston, T. W.
Bruce, Lord E.
Buckley, E.
Buller, Sir J. Y.
Cardwell, E.
Carew, W. H. P.
Christopher, R. A.

Clerk, rt. hon. Sir G.
Clive, hon. R. H.
Cockburn,rt. hn Sir G.
Corry, rt. hon. H.
Courtenay, Lord
Damer, hon. Col.
Darby, G.
Denison, E. B.
Douglas, Sir H.
Escott, B.
Estcourt, T. G. B.
Fitzroy, hon. H.
Flower, Sir, J.
Fox, S. L.

Fremantle, rt.hn.SirT.
Gaskell, J. Milnes

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[blocks in formation]

Lennox, Lord A.

Lincoln, Earl of
Lockhart, W.
Mackenzie, T.
Mackenzie, W. F.
M'Neill, D.
Mahon, Visct.
Marjoribanks, S.
Masterman, J.
Meynell, Capt.

Mildmay, H. St, J.
Milnes, R. M.
Neeld, J.
Neville, R.?

Nicholl, rt. hon. J.
Peel, rt. hon. Sir R.
Praed, W. T.
Pringle, A.
Pusey, P.
Rashleigh, W.
Sanderson, R.
Scott, hon. F.
Shaw, rt, hon. F.
Smith, rt. hn. T. B. C.
Smollett, A.
Somerset, Lord G.
Stuart, H.

Sutton, hon. H. M.
Tennent, J. E.
Trench, Sir F. W.
Trevor, hon. G. R.
Vesey, hon. T.

Gladstone, Capt.

Dalmeny, Lord

Gordon, hon. Capt.

Baring, rt. hn. F. T.

D'Eyncourt, rt. hn. C. Gore, W. O.

Berkeley, hn. Capt.

Dungan, G.

Gore, W. R. O.

Blake, M. J.

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Brotherton, J.

Ebrington, Visct.

Graham, rt. hn. Sir J.

Chapman, B.

Esmonde, Sir T.

Greenall, P.

Christie, W. D.

Waddington, H. S.
Wellesley, Lord C.

Etwall, R.

Greene, T.

Clements, Viset.

Wortley, hon. J. S.

Ferguson, Sir R. A.

Grimston, Visct.

Cowper, hon. W. F.

Forster, M.

Hamilton, G. A.

Craig, W. G.

TELLERS.

French, F.

Hamilton, W. J.

Young, J.

Curteis, H. B.

Granger, T. C.

Hamilton, Lord C.

Baring, H.

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