Now, though the temporary absence, from duty, of one or more of the Commissioners, from sickness or from the permission of their respective Governments, regularly notified, would certainly fall directly within the meaning of legal impeachment, against which both Parties have already engaged themselves to provide, in the manner described in the remaining part of the said Ninth Article, yet, as neither of these causes of absence have been specifically mentioned in the Treaty, and as some inconvenience has, and more may arise, from the omission, the Undersigned has been directed to suggest to the Government of His Netherlands Majesty, the expediency of extending specifically to the cases of absence of the Commissioners from illness, or from the permission regularly notified of their respective Governments, those Provisions which, in expressed terms, apply to the temporary supply of Vacancies occasioned by the death of one or more of the Commissioners. By the provisions of the Treaty, the disadvantage, if any should arise, will always fall on the side of the Contracting Party who may delay or neglect to supply the Vacancy;-inasmuch as the reciprocity, so desirable to maintain on this subject, will for the time be suspended, with reference to the equal participation of that Power, through its Commissioners, in such adjudications as may occur within the period of such vacancy. It seems, therefore, to be desirable that this matter should be specifically rectified, and, if The King of The Netherlands shall view this matter in the same light, the Undersigned has been authorized and instructed to sign on the part of his Court a Declaration to the effect proposed, with such Person as shall be equally authorized on the part of His Netherlands Majesty. The Undersigned requests Monsieur Le Baron de Nagell will have the goodness to lay this proposal before his Court, and to make known to him the decision that shall be taken thereon, and he avails himself, &c. The Baron de Nagell. CLANCARTY. No. 3.-G. W. Chad, Esq. to The Marquess of Londonderry. MY LORD, (Rec. May 12.) The Hague, May 10, 1822. I HAVE the honour to transmit to Your Lordship Copy of a Note from the Baron de Nagell, in which His Excellency desires that I will communicate to His Majesty's Government, and to the Earl of Clancarty, that he is now empowered to sign, conjointly with his Lordship, a Declaration in explanation of the 9th Article of the Regulations for the Mixed Courts, annexed to the Treaty of the 4th of May, 1818, for the Suppression of the Slave Trade. I have, &c. The Marquess of Londonderry, K. G. G. W. CHAD. (Inclosure.) The Baron de Nagell to G. W. Chad, Esq. PAR Son office du 2 Mars dernier, Son Excellence Le Comte de Clancarty, &c. a proposé, au nom de sa Cour, de pourvoir réciproquement par une disposition ultérieure aux Vacances temporaires éventuelles dans les Cours de Justice Mixtes, pour la répression de la Traite des Nègres, et pour cet effet, à stipuler par une Déclaration spéciale que l'Article 9 du Réglement, qui se rapporte au cas de décès et d'empêchement légal des Juges ou des Arbitres composant les Cours sus-mentionnées, est entendu s'étendre et être rendu applicable aux absences des Membres de ces Tribunaux occasionnées soit par maladie, congé temporaire, ou telle autre cause légitime. D'après les motifs allégués à l'appui de cette proposition, Sa Majesté le Roi des Pays-Bas ne trouve aucune difficulté à y consentir, et le Soussigné a été autorisé à signer une Déclaration, ad hoc, avec l'Ambassadeur de Sa Majesté Britannique, qui d'après son office, a pareillement été qualifié par son Gouvernement à la signature d'un Acte qui règle définitivement cet objet. Il prie M. Chad de faire part de cette disposition à sa Cour, et d'en prévenir également Son Excellence Le Comte de Clancarty, tandis qu'il saisit cette occasion, &c. M. Chad. A. W. C. DE NAGELL. No. 4.-The Earl of Clanwilliam to G. W. Chad, Esq. Foreign Office, May 14, 1822. I AM directed by the Marquess of Londonderry to transmit for your information and guidance, a printed Copy of certain Papers, relative to the Traffick in Slaves, which have lately been laid before both Houses of Parliament. His Majesty's Minister at The Hague, &c. I am, &c. CLANWILLIAM. No. 5.-The Marquess of Londonderry to G. W. Chad, Esq. (Circular.) Foreign Office, May 17, 1822. I FURNISH you, herewith, with a Copy of a Letter, dated the 2d of April 1822, from the Secretary to the Admiralty to one of the Under-Secretaries for this Department, by which you will perceive that there will be in future only two Signatures of the Lords Commissioners of the Admiralty to the Instructions issued, in conformity to the Treaties, for preventing the illicit Traffick in Slaves. I have to desire that you will make a communication of this fact to the Government to which you are accredited. His Majesty's Minister at The Hague, &c. I am, &c. LONDONDERRY. SIR, No. 6.—The Marquess of Londonderry to G. W. Chad, Esq. Foreign Office, June 11, 1822. IN reference to the third Article of the Treaty with The Netherlands for the prevention of the Slave Trade, I am to desire that you will make known to The Netherlands Government, that the Instructions therein alluded to have been issued to the following Vessels of His Majesty's Navy, viz :— The Bann......twenty guns, C. Phillips......Commander. .. Cyrene...twenty guns, Percy Grace......Commander. ...Driver...eighteen guns, Thomas Woolridge, Commander. And that the Dutch Instructions issued to the Pheasant, Myrmidon, and Morgiana, will be recalled and cancelled. I am, &c. LONDONDERRY. G. W. Chad, Esq. No. 7.-The Marquess of Londonderry to G. W. Chad, Esq. (Extract.) Foreign Office, July 29, 1822. I TRANSMIT to you the Copy of a Despatch, dated the 1st of May last, and of its Inclosures, which I have received from His Majesty's Commissary Judge at Surinam,* complaining of the continued indifference and supineness of the Dutch Authorities, both Civil and Military, at that Colony, in co-operating with the British Commissioners to carry into execution the Stipulations of the Treaty of the 4th of May 1818, for the Abolition of the Traffick in Slaves. It appears that no Process, with respect to the forms of proceeding of the Mixed Court, has hitherto been adopted or agreed to by the Dutch Commissioners; that the Dutch Ships of War, furnished with the Instructions under the Treaty, permit Slave Vessels to land their cargoes even within sight of their anchorage; and it further appears from Mr. Lefroy's Despatch, that no Successor has, as yet, been named in the place of the late Dutch Commissary Judge, Mr. Chagnion. I have received His Majesty's Commands, therefore, to desire you will lose no time in stating these circumstances to the Dutch Ministers, and that you will again urge them, in the strongest manner, to cause immediate and effectual instructions to be sent to the Dutch Authorities at Surinam; not only for the adoption of the Forms of Practice with regard to the proceedings of the Mixed Courts, furnished to the British Commissioners, which were founded upon general principles of Law, and which have been agreed to, and acted upon by the Commissioners of Spain and Portugal, but that every assistance should be given by the Governor and Military Officers for the most effectual execution of the Stipulations of the Treaty. His Majesty sees with pain and regret that this indifference and neglect of the Conditions of the Treaty on the part of the Dutch Authorities, is likely to lead to the extension of the abominable Traf *See No. 78, Class B. fick in human flesh, and He relies with confidence, on the principles of justice and humanity which actuate The King of The Netherlands, that so soon as His Majesty shall be made acquainted with these circumstances, His Majesty will direct measures to be taken for causing the Orders He has already given to be obeyed, and that He will no longer suffer His Subjects to violate the Conditions of the Treaty which he has solemnly entered into with this Government for the Abolition of this detestable Traffick. G. W. Chad, Esq. LONDONDERRY. No. 8.-G. W. Chad, Esq. to The Marquess of Londonderry. MY LORD, (Received August 9.) The Hague, August 6, 1822. IN obedience to the Instructions contained in Your Lordship's Despatch of the 29th ultimo, I addressed a Note to the Baron de Nagell, of which I have the honour herewith to transmit a Copy. The Marquess of Londonderry, K. G. I have, &c. G. W. CHAD. (Inclosure.)-G. W. Chad, Esq. to The Baron de Nagell. The Hague, August 4, 1822. IT is with great regret that the Undersigned, &c. is compelled, in obedience to the orders of his Court, to call the attention of the Government of The Netherlands to a subject which has already been the cause of many painful representations.-Confident hopes were entertained that the Instructions issued to the Dutch Colonial Magistrates would have prevented any further evasions of the Treaty of May 4th 1818. These hopes, however, have proved unfounded. The British Commissary Judge at Surinam has reported to his Government, various instances in which the late Governor of that Colony, and his Successor have refused their assistance for the attainment of the humane object of that Treaty, and the Documents in support of this statement exhibit sufficient proof of the justness of the complaint. It appears that the Commissary Judge deemed it expedient to offer a reward for such information as should lead to the detection of British Subjects engaged in the Slave Trade. The late Governor, Mr. Vaillant, and his Successor Mr. de Veer, refused to permit this advertisement to appear in the newspapers, and thus prevented its publication. A similar prohibition was extended to a Despatch of Baron Portal of the 17th July 1821, to which it was essential to the interests of the Abolition that publicity should be given. The Correspondence which has taken place between the Commissary Judge and the Governor, far from betraying any marks of irrita tion, affords proof that a general good understanding existed between these Persons. The conduct of the Governor, therefore, cannot be ascribed to personal hostility,-it can only be attributed to a desire to evade the object of the Treaty. This disposition seems not confined to the operations of the interior of the Colony. The Thetis, Brig of War, belonging to Surinam, has permitted Vessels laden with Slaves to approach the mouths of the rivers without opposition; nay, the Comet, Frigate, and the Swallow, Brig, both Commissioned under the Treaty for the prevention of the Slave Trade, have betrayed equal supineness. The Naval Commanders may, however, be free from reproach, for it appears by the Baron de Nagell's Note of the 9th November 1820, that in the Dutch Colonies these Officers are subject to the Colonial Authorities. The Undersigned is further directed to represent to The Netherland Government, that notwithstanding the repeated remonstrances of the Commissary Judge, and of his late Colleague, the Mixed Court is still at this moment without any Process by which it can act. The English Forms of Practice which, in obedience to the Instructions of the Marquess of Londonderry, were recommended for adoption, have been rejected, and a Note of the 17th April last from the Governor, Mr. Vaillant, shews that, up to that date, nothing had been done towards the substitution of any other. Lastly, no Successor has as yet been appointed in the place of the late Dutch Commissary Judge, M. Chagnion, who died in Nov. 1820. The Undersigned has received the commands of The King, his Master, to state these circumstances, without loss of time, to the Court of The Netherlands, and to urge The Netherlands Government, in the strongest manner, to direct that those Forms of Practice which have been accepted and are used by the Commissioners of Spain and Portugal, be adopted in the Mixed Court at Surinam, and that cordial assistance be given by the Civil and Military Authorities for the complete execution of the Treaty. His Majesty sees with pain and regret that the indifference of the Dutch Colonial Authorities, their neglect of the Stipulations of that Treaty, and their disregard of the Orders already given by The Netherlands Government, will tend to perpetuate and extend the abo minable Traffick in Slaves. His Majesty relies, however, with confidence on the justice and humanity of The King of The Netherlands, is convinced of the sincerity of His wishes for the extinction of this detestable Trade, and trusts that He will no longer suffer the execution of His own Commands, and the Conditions of a solemn Treaty, to be evaded with impunity. The Undersigned, &c. G. W. CHAD. The Baron de Nagell. |