the negotiations relative to the amplification of the limits within which the right of searching Chilean vessels which may appear to be employed in the Slave Trade may be exercised, with reference to the Treaty of the 19th of January, 1839. The Undersigned neither judges it necessary to express anew to Mr. Walpole the sentiments which animate this Republic with regard to this matter, and which stimulate it to co-operate, so far as may be possible, for the attainment of the benevolent object for which the Government of Her Britannic Majesty labours so perseveringly, and with so much credit to itself; nor to reproduce the reasons which, in the opinion of this Government, would embarrass and render abortive every measure which might be directed to extend the limits which were established for the right of visit and search in the Treaty of the 19th of January. In this respect the Government does not think that it perceives a remarkable difference between the present circumstances and those which the Undersigned has had the honour to indicate on previous occasions. The Undersigned, in compliance with the orders of his Government, sees himself, then, under the necessity of repeating to Mr. Walpole the substance of what he explained to him in the last conference, that it is not possible for the Government to accede to the extension in any sense, of those limits for an indefinite time. The project transinitted by the Undersigned contains the conditions under which this Government could extend them, with a probable hope of obtaining the assent of the Chambers. The Undersigned, &c. The Hon. Colonel Walpole. R. L. IRARRAZAVAL. (Inclosure 5.)-Colonel Walpole to Senhor Irarrázaval. Santiago, January 18, 1844. THE Undersigned, &c. has had the honour to receive the note of his Excellency the Minister for Foreign Affairs, &c. dated the 15th instant, in which he conveys the final determination of the Chilean Government, in relation to the extension of the limits wherein the right of search of vessels suspected of participation in the Slave Trade has hitherto been permitted, and which has been the subject of the Undersigned's communications in 1842, of his note of December 2nd, and of the conferences subsequently held. The Undersigned will not needlessly occupy his Excellency with a recapitulation of all the motives which it has appeared to him, and which he already has presented to his Excellency, should have influenced the Chilean Government to a favourable decision. He had hoped, taking into consideration the diminutive distance over which the right of search is sought to be extended, and by which the actual interests of Chile can in no manner be prejudiced, that its Government would have cheerfully consented to combine its efforts with those of the British Government in the eternal persecution of the infamous trade in slaves within the limits assigned; much more did he feel himself justified in entertaining this impression, when he reflected that, if current rumours are not deceitful, the Chilean Government are in the contemplation of measures which, in themselves wise, judicious, and well adapted to promote incalculable benefit to the State, will nevertheless offer facilities for the surreptitious continuance of the Slave Trade, which are not actually in existence. These hopes, however, the Undersigned is now most reluctantly compelled to relinquish ; and having no authority (as he has already had the honour to make known to his Excellency) to accede to the stipulation of the objectionable Article, he will lose no time in forwarding the recorded resolution of the Chilean Government for the information of that of Her Britannic Majesty. In the meantime he requests, &c. H.E. Senhor Irarrázaval. JOHN WALPOLE. No. 365.-Colonel Walpole to the Earl of Aberdeen.-Rec. July 6.) MY LORD, Valparaiso, February 27, 1844. On the receipt of your Lordship's despatch of the 12th September, 1843, with instructions to execute, on the part of the British Government, the stipulations of the VIIth Article of the Treaty for the abolition of the Slave Trade, signed at Santiago on the 19th of January, 1839, as also to require their fulfilment by that of this Republic, I addressed a note to his Excellency the Minister of State for Foreign Affairs, indicating the station chosen for the establishment of the Mixed Court to reside in a British possession, and soliciting information as to the intention of the Chilean Government in regard to the appointment of judicial officers to act with it. I at the same time expressed a desire to learn the place selected for the residence of the Mixed Court to be established within the Chilean territory. To this I added your Lordship's suggestion relative to the small necessity for the immediate appointment of this latter Court, seeing that as Slave Trade is not in practice on this coast, the few isolated cases which possibly may hereafter appear might properly be disposed of by the Mixed Court at Sierra Leone. In his reply his Excellency states, that his Government does not conceive it necessary at present to nominate any officers to compose the Court at Sierra Leone, reserving to itself, however, to act hereafter in this respect as may appear to it convenient. His Excellency further states, that the opinion of Her Majesty's Government touching the expediency of delaying the appointment of a Court in the Chilean territory has its due weight with his own Government, but that notwithstanding, and considering the small expense to which this Government would be exposed by the immediate establishment of such a tribunal, and the advantages to be derived therefrom, it has decided on the adoption of an opposite course. His Excellency concludes his note by marking his intention opportunely to communicate to me the names of the said Registrar, Judge, and Arbitrator. But if it is permitted to express a judgment founded on the probable rarity of a seizure on this coast of a vessel under Chilean colours acting in contradiction of the stipulations of the Treaty, on the import of his Excellency's language, and a long experience of the dilatory proceedings of this Government, I should state, that the nomination by Her Majesty's Government of those hereafter to form the members of the Mixed Court to sit in Valparaiso will not call for much precipitation. I have the honour to inclose for your Lordship's information, copies of the correspondence which has passed on this subject. The Earl of Aberdeen, K.T. I have, &c. JOHN WALPOLE. (Inclosure 1.)-Colonel Walpole to Senhor Irarrázaval. Valparaiso, February 10, 1844. By the VIIth Article of the Treaty between Her Britannic Majesty and the Republic of Chile for the abolition of the traffic in slaves, signed at Santiago, on the 19th January, 1839, it is stipulated, that at the time of the exchange of the Ratifications the 2 Governments should declare, each for its own territories, in what places the Mixed Courts of Justice should be established. That formality, however, having been hitherto omitted, the Undersigned, &c. has now, by instruction, formally to declare to his Excellency, M. Irarrázaval, &c. for the information of the Government of this Republic, that Her Majesty's Government have directed that the colony of Sierra Leone is to be the station of that Mixed Court which is to reside in a British possession, and that if the Chilean Government should think proper to appoint a Judge and an Arbitrator to reside at Sierra Leone on the part of the Chilean Government, arrangements will be made for their reception. The Undersigned has, at the same time, to ascertain the intention of the Government of this Republic touching the appointment of a Registrar, and a Judge and Arbitrator, to reside within their own territory, or whether, under the Additional Article II to the Treaty, they are desirous that a Court should be appointed there, the Commissioners of which would, for the present, be British only, and the expense of which would be borne by the British Government. In either of the above cases, the Undersigned has to request his Excellency to convey to him the nomination of the place chosen for the residence of the Court. The Undersigned, however, is directed to add the opinion of Her Majesty's Government, that as no Slave Trade appears to be carried on under the Chilean flag, the establishment of a Mixed Court in the territory of this Republic is not at present necessary for the service of suppressing Slave Trade, but that such isolated cases as might occur under that flag might properly be disposed of by the Mixed Court at Sierra Leone, should the Chilean Government concur in a provisional understanding to that effect. The Undersigned thus communicates to his Excellency M. Irarrázaval the opinions and the suggestion of his Government; and he has the honour of transmitting to his Excellency the copy of a British Act of Parliament for carrying into effect the provisions of the Treaty above mentioned. The Undersigned, &c. H.E. Senhor Irarrázaval. JOIN WALPOLE. (Inclosure 2.)-Senhor Irarrazával to Colonel Walpole. (Translation.) Santiago, February 16, 1844. THE Undersigned, &c. has received the note dated the 10th instant which the Honourable John Walpole, &c. has been pleased to address to him, relative to the establishment of the 2 Mixed Courts for the examination and adjudication of vessels seized on suspicion of being engaged in the Slave Trade, according to what is stipulated in the Treaty of the 19th January, 1839.. The President, acquainted with the contents of the said note, directs the Undersigned to say in reply, that his Excellency is informed of the selection made by Her Britannic Majesty's Government of the colony of Sierra Leone for the residence of the Mixed Court which is to be held in the British dominions, and that this Government does not believe that it will be necessary for the present to name the Chilean Judge and Arbitrator who are to assist in composing it, reserving to itself to do so at a future period, if it should. appear convenient. With regard to the second question proposed by Mr. Walpole to the Undersigned, that is to say, whether the Government of this Republic is of opinion that a Secretary or Registrar, a Judge, and an Arbitrator, ought to be named for the Mixed Court which is to reside on the dominions of the Republic, the Undersigned has the honour to make known to Mr. Walpole, that his Government has determined on appointing them, and that the place chosen for their residence is the port of Valparaiso. The opinion of Her Britannic Majesty's Government as to the institution of a Mixed Court in the Chilean territory not being at present necessary has due weight on that of the Government of the Undersigned, which, nevertheless, comparing the small burden which its immediate establishment would occasion, with the advantages, although eventual and contingent, to which it might give rise, has found reasons for deciding to the contrary. The Undersigned will communicate to Mr. Walpole, at a fitting opportunity, the nominations of the said Judge, Arbitrator, and Registrar, and in the meantime has the honour to reiterate to him the assurance of his distinguished consideration. X. of Treaty of 1841 .... 530 Signals for cruizers furnished with warrants under the Treaty of 1841 531 531 24. Baron Neumann to the Earl of Sept. 4 Case of the Febo Aberdeen 44. Earl of Westmoreland to the Earl Mar. 14 Signals for cruizers of Aberdeen 534 535 RUSSIA. 1844 64. The Earl of Aberdeen to Lord Feb. 16 Signals for cruizers Stuart de Rothsay 66. Lord Stuart de Rothsay to the Feb. 29 Ditto ditto Earl of Aberdeen 536 536 |