have given rise to the consideration of this subject; and you can communicate to the Spanish Government the substance of them, so far as they bear upon the point in question. H. L. Bulwer, Esq.

SIR,

I am, &c.

ABERDEEN.

No. 37.-The Earl of Aberdeen to Mr. Bulwer.

Foreign Office, October 23, 1844. IN your despatch of the 17th June last, inclosing a copy of a communication addressed by the Marquis of Viluma to the Ministers of War and of Marine, conveying to them the commands of Her Catholic Majesty that the most positive orders should be immediately issued to the Governors of the Spanish West India possessions to destroy radically the traffic in slaves; and in your despatch, separate, of the 28th June, you inclosed a project of a decree for the punishment of slave-traders, and you stated that that decree would, when published in Cuba, have the force of law until duly presented to the Cortes; and you added, that the instructions accompanying it were strong.

It would, therefore, appear to have been the intention of the Spanish Government to issue peremptory instructions to the CaptainGeneral of Cuba to put an end to the Slave Trade, and to transmit to him the decree in question for promulgation in that island. But Her Majesty's Government are not aware what instructions were actually issued to the Captain-General of Cuba in pursuance of that intention of the Spanish Government.

They have, indeed, been informed by Her Majesty's Commissioners and Consul-General in Cuba, that on the 17th August last General O'Donnell called together the slave-dealers to inform them, that he had received positive orders to put down the Slave Trade, which orders he stated it was incumbent on him to obey. But Her Majesty's Government have learnt with astonishment, that he at the same time stated his intention of permitting the slave-vessels which had then actually left Cuba for cargoes of slaves to land their return cargoes without let or molestation. You will represent this fact to the Government of Spain; and you will repeat, that Her Majesty's Government are of opinion, that, however honourable may be the intentions of the Spanish Government, and however desirous they may be to see the Treaty of 1835 faithfully carried into execution, the Slave Trade of Cuba can never be effectually suppressed while the administration of that island is left in the hands of a Governor so unscrupulous, and so careless of the faith and honour of his country, as General O'Donnell.

I have now to call your attention to my despatch, of the 17th July last, in which I instructed you, upon the assembling of the Cortes to urge the Spanish Government to take the earliest opportunity of submitting to them the project of decrce above-mentioned, inclosed in

your separate despatch of the 28th June, with the view of giving to it the force and value of constitutional law.

If prior to the receipt of this despatch you shall not have acted. upon that instruction, and if the Spanish Government shall not have submitted to the Cortes a project of law fulfilling the engagement contracted by Spain by the IInd Article of the Treaty of 1835, you will, on its receipt, lose no time in strongly urging the Spanish Government to submit such a project of law to the Cortes, and to use their utmost endeavour and influence to obtain the sanction of the Legislature to the measure.

The only consideration by which you will be induced to pause before taking this step will be, if you should have good reason to apprehend that such a law would be rejected by the Cortes, and that such rejection would interfere with the future execution of its provisions under the orders of the Crown in the manner in which they are, or rather ought to be, now executed.

If no such objection should occur to you, you will, as I have already said, urge the matter upon the Spanish Government without delay. And in this case you will observe, that whereas the decree above alluded to would appear only intended to be enforced in the island of Cuba, and to apply to cases of slave-trading which shall have been brought before the Mixed Courts of Justice established by the Treaty of 1835, the IInd Article of that Treaty demands that the penal law therein stipulated shall be promulgated throughout the whole dominions of Her Catholic Majesty, and shall be enforced against all Spanish subjects who shall, under any pretext whatsoever, take any part whatever in the traffic in slaves; and you will state the expectation of Her Majesty's Government that the projected law will have that scope and effect.

You will not fail to report to me the steps taken by the Spanish Government in this affair; and you will use your utmost endeavours to induce them to vindicate the honour of their Sovereign, pledged on this subject to Great Britain nearly 10 years ago, and which still remains unredeemed.

I transmit to you for your information on this subject, the accompanying copy of a despatch from Her Majesty's Commissary Judge at the Havana.

H. L. Bulwer, Esq.

I am, &c.

ABERDEEN.

HAVANA.

CONSULAR.

No. 47.-Mr. Crawford to the Earl of Aberdeen.—(Rec. Feb. 16, 1844.) MY LORD, Havana, December 22, 1843. I HAVE the honour of transmitting to your Lordship copy of a correspondence which has passed with Her Majesty's Commissioners to which I beg leave to request the favour of your Lordship's attention, especially to that part of the Captain-General's letter to them which alludes to my communicating with his Excellency upon occasions of infractions of the Treaties, in due obedience to the instructions of your Lordship and Her Majesty's Government

The Captain-General states, that he has not replied to my letter of the 15th instant," being satisfied that my attributions, purely commercial, do not give me the faculty of mixing in such a business, as he had previously stated directly to me; and that his belief was strengthened therein by a communication from them (the Commissioners) addressed to his predecessor in the month of May, 1841;" and his Excellency proceeds to point out the inconvenience of the double communications he receives upon these matters; concluding with the observation, that "to them (the Commissioners) alone it corresponds to interfere, according to the Treaty of 1835." The Commissioners, in their reply to his Excellency, have explained the nature of their letter to General Valdes, the Captain-General, in May, 1841, when, so far as my information goes, there existed a species of competition between them and Mr. Turnbull.

I believe the circumstances were submitted to Her Majesty's Government at the time, and I presume that the result was, Lord Palmerston's positive instruction to the then Consul, dated the 31st of July that year.

I have consulted the Treaty of 1835, and have sought in vain for the exclusive right of interference which the Captain-General is pleased to recognise in Her Majesty's Commissioners, whose representation here I conceive to be limited to their judicial and other duties, as by the Treaty prescribed. I therefore most respectfully submit to your Lordship, that the more regular course in future would be for the Commissary Judge and Arbitrator to report to me such infractions as may occur, in order that I may carry out to the letter the instructions of the 31st of July, 1841, to my predecessor, and your Lordship's orders of the 1st of February last, as the representative of Her Majesty generally in this island; by which means, also, the Captain-General would be saved the obvious inconvenience of the double communications he complains of, and abstain from treating, as he does at present, my communications with the great disrespect of

leaving them unanswered and unacknowledged, to which indignity I feel confident your Lordship will not permit me to be subjected any longer than is indispensably necessary to regulate this important matter by such determinate instructions as your Lordship shall deem best calculated for the furtherance of Her Majesty's service, to the Commissioners and myself, as well as that the necessary orders be influenced from Spain for the observance of the Captain-General I have, &c.

here.

The Earl of Aberdeen, K.T.

SIR,

JOSEPH T. CRAWFORD.

No. 49.-The Earl of Aberdeen to Mr. Crawford.

Foreign Office, February 29, 1844. I HAVE received your despatch of the 22nd December last, inclosing copies of correspondence with Her Majesty's Commissioners respecting your communications with the the Captain-General, and containing suggestions from yourself thereupon.

In reply I have to refer you to the memorandum which was inclosed in Viscount Palmerston's despatch to Her Majesty's Consul. and to Her Majesty's Commissioners, on the 9th of August, 1841, respecting their respective duties; and I have to desire that you will observe the line of conduct pointed out in that memorandum, and enjoined in the despatch which accompanied it.

You will bear in mind, that it is the imperative duty of yourself and of Her Majesty's Commissioners to act in cordial communication and concert in all matters connected with the suppression of the Slave Trade.

The representations to the Captain-General on the violations of the Treaty may be made either by the Consul or the Commissioners, according as the information upon which the representation is founded may reach one party before the other, or, as for any other reason, shall be deemed most expedient at that time. But representations should not be made to the Captain-General by both the Consul and the Commissioners dealing with the same case. The Consul and the Commissioners should communicate to each other copies of the letters which, in pursuance of this instruction they may address to the Captain-General; and it is their duty to assist each other in obtaining all possible information upon any matter which may be reported to either party affecting the execution of the Treaty.

J. T. Crawford, Esq.

I am, &c.

ABERDEEN.

No. 53. Mr. Crawford to the Earl of Aberdeen.-(Rec. March 8.) MY LORD, Havana, February 8, 1844. IN my despatch of the 27th December last, I adverted to the great alarm which was created by the insurrections amongst the

slaves, and the anxiety on the part of the proprietors to memorialize the Captain-General or the local Governors, with a view to point out to the Government of Spain the perilous situation of this island; and consequent imperious necessity of steps of the most stringent nature being adopted and enforced to put an end to the importation of Negroes from the coast of Africa without further delay.

In my despatch of the 17th January this year, I mentioned to your Lordship that the Captain-General had appointed a Commission upon the state of the island; I have now the honour of placing before your Lordship copies of some most interesting documents connected with this important subject, and recent events here and elsewhere in Cuba.

I have with much difficulty obtained a copy of a memorial which was ready to be presented to General Garcia Ona, signed by 93 proprietors and influential parties of that jurisdiction, on the 29th of November last.

A copy was handed to General Ona, accompanied by a letter, of which I have also been favoured with a transcript, herewith inclosed for your Lordship's information, as to the very great caution which it was deeined necessary to observe; and the result proved that the parties were not at all mistaken, as the memorial was suppressed in the manner reported to your Lordship on the 21st December, of last year, and those known to have taken any active part in its formation, as well as others who are known to profess similar opinions, have been cautioned, some of them by the Captain-General himself in no very measured terms, as to the course which would be observed towards them, should they persist in the propagation of such principles.

The Commission named in this city to report to his Excellency the Gaptain-General consists of Don Joaquim Gomes, a notorious slaver of former days, the Marquis de Esteva y Delicias, who is the Spanish Judge in the Mixed Court, and whose large income is drawn from his gangs of working slaves let out to hire; both these are of course most decided advocates for continuing the traffic. Then we have the Count Fernandina, M. O'Farril, and M. Aranza, whose opinions are against the importation of more Negroes from Africa.

In the working of this Commission, which is formed, as I understand, by an order from Madrid, which has been issued in consequence of the very urgent and repeated demands made by Great Britain to pass the penal laws stipulated for in the IInd Article of the Treaty of 1835, the influence of the Captain-General is used to put down the opinions entertained by the 3 last-named members. Count Fernandina has been warned that he must not attempt to recommend the entire sup pression of the traffic. He has been told that it is the policy of the Supreme Government of Spain to wink at the infringements of the