H.T., vol. 7, C. 331. H.T., vol. 2, p. 73.

H. T., vol. 2, p. 81.

H. T., vol. 2, p. 121. H. T., vol. 3, p.349.

3. Additional Convention, July 28, 1817. 4. Separate Article, September 11, 1817. 5. Additional Articles, March 15, 1823. The treaty at present in force between Great Britain and Portugal for the suppression of the slave trade, concluded in the spirit of the above treaties, is that of July 3, 1842, H.T., vol. 6. which

A. Gives to the cruizers of both Powers the right of detention and search (except when the suspected vessel is at anchor in any port or roadstead of either Power, or within cannon shot of the batteries of the shore, unless under a written demand for co-operation on the part of the authorities of such country; but should any such suspected vessel be met with in such port or roadstead, the authorities of the country shall proceed to take effectual measures to prevent the violation of the treaty, on due representation having been made to them requesting them to take such measures).

B. It [authorizes the condemnation of slave vessels on the ground of equipment.

c. It establishes mixed commissions. D. It declares slave trade to be piracy.

E. It provides that liberated negroes are to be delivered up to the Government whose cruizers had made the capture.

F. The fifth article draws a distinction between slaves who are bona fide household servants and other slaves, and as it is important I give it in full :—

"It is, however, distinctly understood between the two high contracting parties that no stipulation of the present treaty shall be interpreted as interfering with "the right of Portuguese subjects to be accompanied, in voyages to and from the Portuguese possessions off the "coast of Africa, by slaves who are bona fide household "servants, and who may be duly named and described as "such in passports, wherewith the vessel must be fur"nished, from the highest civil authority at the place "where such slaves shall have embarked; provided"1st. That in such voyages no Portuguese subject, except he be a Portuguese settler, removing definitively from his residence in a Portuguese possession on the coast of Africa, shall be accompanied by more than two slaves, being bona fide "household servants.

86

66

p. 625.

PORTUGAL.

BRAZIL.

H. T., vol. 2, p. 72.

H. T., vol. 2, p. 81.

H. T., vol. 2, p. 121.

S. P., vol. 12, p. 674.

66

"4th. That no other slaves shall be embarked on board ❝ of the vessel in which the said household servants "shall be found; and that the voyage on which such "settler and his family shall be so accompanied by "such household slaves shall be a direct voyage to "the Portuguese islands of Cape Verd, Princes, or "St. Thomas from some place in the Portuguese

possessions on the coast of Africa, where the said "settler shall have been permanently residing. 66 5th. That the passports above mentioned shall "enumerate each of the persons on board the vessel, "and shall state their names, sex, ages, and occupation, their last place of residence, and the place to which they are going. "6th. That there be nothing in the equipment or "character of the vessel in which such household "slaves may be found which shall justify its detention "under the provisions of this treaty.

66

"But if the equipment or character of the vessel shall justify the detention of the vessel under the stipulations "of the present treaty, or if any of the regulations

On the 22nd January 1815, a treaty was concluded between Great Britain and Portugal for the gradual abolition of the slave trade in the entire dominions of Portugal (including Brazil).

On the 28th of July 1817, an additional Convention to the above treaty was concluded between Great Britain and Portugal for the purpose of preventing their subjects from engaging in any illicit traffic in slaves.

This Convention, which also applied to Brazil, gave power to the ships of war of either party, provided with special instructions for that purpose, to visit and search merchant vessels of the two nations as might be suspected of being engaged in the slave trade.

It also contained regulations for the mixed commissions which it was determined to establish on the coast of Africa, in the Brazils, and in London, for the purpose of deciding upon the legality of the detention of such slave vessels as the cruizers of both nations should detain.

A separate article was attached to this Convention, dated the 11th of September 1817, by which it was agreed, that as soon as the total abolition of the slave trade, for the subjects of the Crown of Portugal, should have taken place, the high contracting parties would adapt, to that state of circumstances, the stipulations of the Convention of the 28th of July 1817; but that, in default of such alterations, the Convention should remain in force until the expiration of fifteen years from the day on which the general abolition of the slave trade should so take place on the part of the Portuguese Government.

In 1825 the independence of Brazil was recognized by Portugal, and on the 23rd of November 1826 a treaty was H.T., vol. 3, concluded between Great Britain and Brazil for the abolition of the African slave trade.

p. 33.

By Article 1 of this treaty it was agreed that at the expiration of three years from the date of the exchange of the ratifications it should not be lawful for Brazilian subjects to be concerned in the carrying on of the African slave trade, and that any Brazilian subjects so carrying it on after that date should be deemed guilty of piracy.

By the 2nd and 3rd Articles the treaty of January 22, 1815, with Portugal, and the additional Convention of July 28, 1817, with the explanatory articles added thereto, were declared to be renewed, and to be considered as binding upon Brazil.

By Article 4 it was agreed that mixed commissions should be appointed similar to those which had been established under the Convention between Great Britain and Portugal of 1817.

The ratit cations of the Convention of November 23, 1826, were exchanged on the 13th of March 1827, and the three years contemplated by the 1st Article would therefore expire on the 13th of March 1830; and the 15 years H. T., vol. 2, contemplated by the separate article of September 11,

p. 121.

H. T., vol. 7, p. 149.

1817, from the day on which the general abolition of the slave trade should take place in the Portuguese (Brazilian) dominions, namely from the 13th of March 1830, would be the 13th of March 1845.

Accordingly, on the 12th of March 1845, the Brazilian Minister for Foreign Affairs announced to the British Minister at Rio de Janeiro that as the 15 years referred to in the separate article to the Convention of July 28, 1817, would expire on the following day, the right of search and visit would cease, as well as all other stipulations contained in that Convention, with the additional articles, instructions, and regulations annexed thereto.

But so far from the slave trade having been suppressed in the three years following the 13th of March 1827, which was the sole condition upon which the Convention of 1817 was to terminate, it was still carried on with vigour and success under the Brazilian flag, no law having been passed by Brazil making any special reference to the 13th of March 1830 as the date when the slave trade should be abolished.

The British Government informed the Brazilian Govern- S. P., vol. 34 ment, in reply to their notice of the 12th of March 1845, p. 693. that they felt themselves bound to admit that the Convention of 1817, with all its annexes, must be considered as at an end from the 13th of March 1845; but they added that they had therefore no longer any course open to them, under the treaty of the 23rd of November 1826, than to give full effect to the stipulations of Article 1 of that treaty by which the traffic in slaves by Brazilian subjects was declared to be piracy.

Accordingly on the 4th of August 1845 an Act of Par- H. T., vol. 7 liament was passed (8 & 9 Vict. c. 122) declaring the slave P. 148. trade carried on by Brazilians to be piracy; repealing the prohibition which had existed under the treaties against the exercise of jurisdiction by British Admiralty Courts, in cases of Brazilian slave vessels; and granting authority to Admiralty Courts to adjudicate such cases, as to vessels detained after the 13th of March 1845.

This was known as the "Aberdeen Act."

By the Brazilian law of November 7, 1831, the slave H.T., vol. 4, trade was made punishable by fine and corporal punish- P. 64. ment, and it was declared that slave vessels arriving in Brazil should be confiscated, and all slaves entering from a foreign port should be free, except, 1stly, those slaves enrolled in the service of vessels belonging to countries where slavery was allowed, so long as they were employed in that service; and, 2ndly, those who might have escaped from the territory, or from vessels of a foreign country, in which case they were to be delivered up to their masters who claimed them, and to be re-exported from Brazil.

By the decree of April 12, 1832, all vessels were ordered H. T. vol. 4, to be visited and searched on their arrival in all ports, &c. of Brazil, as an enforcement of the decree of 1831.

By the Ordinance of June 6, 1837, the visit and search H. T., vol. 5, described in the previous decree of 1832 was made still p. 32. more strict.

On the 4th of September 1850, a law was passed—
A. Declaring slave trade to be piracy.

B. Providing that all slaves seized shall be re-exported
at the cost of the State, and until such re-expor-
tation shall be employed on work under the guar-
dianship of the Government.

c. Giving Brazilian Courts jurisdiction in those cases, and authority to condemn vessels, &c. &c.

H. T., vol. 9, p. 161.

which had led to the passing of the latter Act no longer existed, by reason of the cessation of the importation of slaves into Brazil from Africa.

The Brazilian Decree of September 15th, 1869, provides— A. That all sales of slaves by public auction and exposed to public view are prohibited. Commercial auctions of slaves are forbidden, judicial sales in virtue of execution for debt, or of division of property, shall be substituted by written proposals to the Judges.

B. In all sales the separation of husband and wife, the child from the father or mother (except those children over 15 years of age), is forbidden under pain of nullity.

c. In those inventories where progenitors or descendants may not be concerned as heirs, and the right of creditors be provided for by other property, the Judge of the inventory can grant letters of freedom to the inventoried slaves who show that they possess the price of their judicial valuation.

The Law of September 28th, 1871, and the Decree of November 11th of the same year, emancipating all children of women slaves, and all slaves belonging either to the Government or the Crown, and giving facilities for other slaves to be freed by various means, are so important that I give them in extenso.

1. LAW of 28th of September 1871.

"Law of 28th September 1871 declares to be free, from the "date of this law, the children that may be born of women slaves, the slaves of the State, and others; and "takes measures for the rearing and proper usage of "those minors, and for the annual freeing of slaves. "The Princess Imperial, Regent, in the name of H.M. the Emperor Señr D. Pedro, 20, makes known to all the "subjects of the Empire, that the General Assembly has "decreed, and that she has sanctioned, the following law :

66

"Art. 1st. The children of women slaves that may be "born in the Empire from the date of this law shall be "considered to be free.

"§ 1st. The said minors shall remain with and be under "the dominion of the owners of the mother, who shall be obliged to rear and take care of them until such children "shall have completed the age of eight years.

"On the child of the slave attaining this age the owner "of its mother shall have the option either of receiving "from the State the indemnification of $600, or of making 66 use of the services of the minor until he shall have completed the age of 21 years.

66

In the former event the Government will receive the "minor, and will dispose of him in conformity with the provisions of the present law.

66

"The pecuniary indemnification above fixed shall be paid "in Government bonds, bearing interest at 6 per cent. per annum, which will be considered extinct at the end of thirty years.

66

66

66

The declaration of the owner must be made within "30 days, counting from the day on which the minor shall complete the age of eight years; and should he not do so "within that time it will be understood that he embraces "the option of making use of the service of the minor.

་

"§ 2nd. Any one of those minors may ransom himself "from the onus of servitude, by means of a previous

pecuniary indemnification, offered by himself, or by any "other person, to the owner of his mother, calculating the "value of his services for the time which shall still remain unexpired to complete the period, should there be no agreement on the quantum of the said indemnification. "S 3rd. It is also incumbent on owners to rear and bring up the children which the daughters of their female slaves may have while they are serving the same owners.

66

66

"Such obligation, however, will cease as soon as the "service of the mothers ceases. Should the latter die "within the term of servitude the children may be placed "at the disposal of the Government.

"§ 4th. Should the female slave obtain her freedom, her "children under eight years of age who may be under the "dominion of her owners shall, by virtue of § 1st, be "delivered up, unless she shall prefer leaving them with "him, and he consents to their remaining.

"§5th. In case of the female slave being made over to "another owner, her free children under 12 years of age "shall accompany her, the new owner of the said slave being invested with the rights and obligations of his predecessor.

66

"Art. 2nd. The Government may deliver over to associa"tions which they shall have authorized the children of the "slaves that may be born from the date of this law forward, " and given up or abandoned by the owners of said slaves or taken away from them by virtue of Art. 1st., § 6th. "§ 1st. The said associations shall have a right to the gratuitous services of the minors, until they shall have completed the age of 21 years, and may hire out their services, but shall be bound

2ndly. To save a sum for each of them, out of the "amount of wages, which for this purpose is reserved "in the respective statutes.

"3rdly. To seek to place them in a proper situation when "their term of service shall be ended,

"§ 2nd. The associations referred to in the previous paragraph shall be subject to the inspection of Judges of the Orphans' Court, in as far as affects minors.

"§3rd. The disposition of this article is applicable to Foundling Asylums, and to the persons whom the Judges " of the Orphans' Court charge with the education of the "said minors, in default of associations or houses estab"lished for that purpose.

"§ 4th. The Government has the free right of ordering "the said minors to be taken into the public establish"ments, the obligations imposed by § 1st on the autho"rized associations being in this case transferred to the "State.

"Art. 3rd. As many slaves as correspond in value to the "annual disposable sum from the emancipation fund shall "be freed in each province of the Empire.

66

66

66

§ 2nd. The slave given in usufruct to the Crown. 3rd. The slaves of unclaimed inheritances.

§ 4th. The slaves who have been abandoned by their

owners.

Should these have abandoned the slaves from the "latter being invalids they shall be obliged to maintain "them, except in case of their own penury, the main"tenance being charged by the Judge of the Orphans' "Court.

"§ 5th. In general the slaves liberated by virtue of this "law shall be under the inspection of Government during "five years. They will be obliged to hire themselves under pain of compulsion; if they lead an idle life they shall "be made to work in the public establishments.

66

"The compulsory labour, however, shall cease so soon the freed man shall exhibit an engagement of hire. "Art. 7th. In trials in favour of freedom

as

§ 1st. The process shall be summary.

§ 2nd. There shall be appeal ex officio when the "decisions shall be against the freedom.

"Art. 8th. The Government will order the special regis"tration of all the slaves existing in the Empire to be proceeded with, containing a declaration of name, sex, age, state, aptitude for work, and filiation of each, if "such should be known.

§ 1st. The date on which the registry ought to commence closing shall be announced beforehand, the longest time possible being given for preparation, by means of edicts repeated, in which shall be inserted the dispositions of the following paragraph.

"§2nd. The slaves who, through the fault or omission "of the parties interested, shall not have been registered up to one year after the closing of the register, shall, "de facto, be considered as free.

66

66

མ འ མ མ མ

66

66

66

"THEODORO MACHADO FREIRE "PEREIRA DA SILVA."

"The said letters shall be signed at the Capital by the "Minister of Finance, and in the provinces by the respec"tive Presidents, according to the printed forms annexed "to these instructions. Those of minors shall be en"trusted to the keeping of their mothers or fathers, if living, and, in the absence of these, to the Judge of the Orphans' Court of the district, who shall cause them "to be placed in the archives of the respective scrivener, to be delivered to the said persons whenever they shall "have attained their majority.

"Art. 3rd. These freed persons may continue in the same service as that in which they had before been employed, under conditions which may correspond to "their new civil state.

"The Government will fix the wages or advantages "which those who serve public establishments will enjoy, " and the Presidents in the provinces will proceed in "like manner, upon information furnished by the inspectors of the Treasuries, with respect to those who may be employed in the national estates of Pisuhy, Maranhao, and Pará, as long as these estates may not be put to other use.

"Art. 8th. The Presidents of the Provinces of Piauhy, "Maranhao, and Pará shall address, with all possible brevity, to the Minister of Finance a circumstantial report of the manner in which the provisional instruc"tions shall have been executed, and shall propose at the same time the measures which they may judge most fitting to the benefit of the freed people, and the use to "which the national estates should be put, weighing well "the advantage of letting or alienating them. "Rio de Janeiro, 11th November 1871.

Cobbold Nov. 11, 1871.