His Excellency in conversing with me yesterday on this point, said he would be disposed to leave the choice of the mediator to the French Government. I asked the Marquis de Lisle yesterday whether, in the event of the answer of the Portuguese Government being a refusal, he had instructions to take any further measures. He replied that he had not; but that he concluded that when his Government made their demand, they knew what further course they would adopt. There is a weak point in the Portuguese case, which is, that it appears that the Judge at Mozambique, after having examined the cause, ought, upon finding grounds for further judicial proceedings, to have referred it to the Prize Court at Loanda, which is the competent tribunal in such matters, and not to have decided it himself; but the Marquis de Loulé stated to me that it was not for the Government, but for the Court of Relação, to decide upon this question of competency. This statement his Excellency made in answer to a question of mine whether, on the ground of this alleged informality, the Government would be authorized in quashing the proceedings of the Court at Mozambique, and in releasing the vessel. The Earl of Malmesbury. HENRY F. HOWARD. No. 15.-The Earl of Malmesbury to Mr. Howard. SIR, Foreign Office, September 25, 1858. I HAVE received your despatches of the 6th, 7th, and 18th instant, relating to the question in dispute between the French and Portuguese Governments, arising out of the condemnation, as a slaver, by the tribunal of Mozambique, of the French vessel Charles et Georges; and I have to acquaint you that Her Majesty's Government approve your proceedings in this matter, and that they have learnt, with satisfaction, that the Portuguese Government propose to refer the question to the mediation of a friendly Power. I have transmitted to Her Majesty's Ambassador at Paris copies of your despatches above referred to; and I have to instruct you to assure the Portuguese Government that the friendly offices of Her Majesty's Government will not be wanting for the purpose of bringing about an amicable settlement of the difference between the French and Portuguese Governments upon this subject. H. F. Howard, Esq. I am, MALMESBURY. No. 17.-Earl Cowley to the Earl of Malmesbury. (Extract.) Paris, September 30, 1858. THE state of the relations between this country and Portugal, to which I had the honour of calling your Lordship's attention in my despatch of the 20th instant, induced me to inquire this afternoon of Count Walewski whether he had any later intelligence from Lisbon. His Excellency entered at once upon an exposition of the questions which menaced the continuation of the good understanding between the two Governments, which, however, he expressed himself to be most desirous of maintaining. He said that they had arisen out of the weakness and inefficiency of the present Portuguese Government, which had not the means of acting with vigour or with justice. He passed rapidly over the question of the Sisters of Charity, though he characterised the treatment with which they had met as unworthy of a Christian country; but he said that the Imperial Government did not pretend to insist on their remaining at Lisbon, though they ought to meet with protection as long as they remain there. He then went into a history of the case of the Charles et Georges. The French Government, he said, considered that the ship had been illegally captured, and under that conviction had demanded its release, leaving the question of compensation for future settlement. This demand had been refused in a note not over courteous, and the question of future proceedings was now under the consideration of the Imperial Government; he (Count Walewski) had insisted, with success, that the question should be referred to the "Comité des Contentieux," in his Department, whose province it was to give an opinion upon transactions of this nature. The report would not be ready for a few days more, but in the meantime some ships had been dispatched towards the Tagus, since, in case the report should be in favour of the release of the ship, a demand would be made for that release within the 24 hours, and would be enforced, if not complied with. On the other hand, if the report advised an appeal to the higher tribunals of Lisbon, the release of the captain on bail would be required. I observed that I had seen Mr. Howard's reports on this subject, who, I could assure his Excellency, had given the best advice in his power, in order to prevent this matter gaining undue proportions. It appeared from those reports that the Portuguese Government were, according to the law of Portugal, powerless to stop a case which had come under the cognizance of the tribunals, and that if this was so, their resistance to the demands of France ought not to be attributed to ill-will. Count Walewski replied, that the whole question turned on the legality of the original capture. If the reports received by the French Government were correct, the capture was effected beyond the jurisdiction of Portugal, and the Portuguese tribunals, therefore, were incompetent to judge the case. I asked who was to decide this point, but could obtain no satisfactory answer to my question. Count Walewski's language was very conciliatory. I feel certain that he regrets that the case has arisen, and will gladly see it settled. It appears clear, from Mr. Howard's despatches, that there is a doubt as to the legality of some of the first proceedings after the capture was made. The Earl of Malmesbury. COWLEY. No. 18.-Earl Cowley to the Earl of Malmesbury. (Telegraphic.) Paris, October 2, 1858. AT the Council, this morning, the determination was taken to demand the release of the Charles et Georges. This determination was come to on the ground that she has been condemned as a slaver, when there was a delegate of the French Government on board. It will be a day or two, however, before orders in this sense are sent to Lisbon. The Earl of Malmesbury. COWLEY. No. 19.-Mr. Howard to the Earl of Malmesbury. (Extract.) Lisbon, September 28, 1858. WITH reference to my despatch of the 18th instant, I have the honour of transmitting herewith a copy of the note which the French Minister at this Court, the Marquis de Lisle, addressed to the Marquis de Loulé on the 14th instant, demanding the release of the French barque Charles et Georges, and the liberation of the captain of that vessel; a translation of the Marquis de Loulé's reply of the 18th instant, declining to comply with that demand; together with a translation of the sentence of condemnation pronounced on the 8th of March last by the judge at Mozambique upon the Charles et Georges, and upon the captain; and a copy of the Marquis de Lisle's rejoinder of the 21st instant, acknowledging the receipt of the Marquis de Loulé's note of the 18th instant, stating his transmission of it to his Government, expressing regret at the non-compliance by the Portuguese Government with the demand he had been charged to prefer, and protesting against the competency of the Portuguese jurisdiction in this affair. The Marquis de Loulé was so good as to communicate to me copies of the foregoing documents this day. I further beg to annex translations of the report, of the 30th November last, of the commander of the Portuguese naval station at Mozambique who captured the Charles et Georges; of the Portaria of the same date of the Governor-General of Mozambique, appointing a commission to inquire into the circumstances of the capture; and of the decision, of the 3rd December last, of the Council of the Government of that Province, to the effect that the vessel ought to be given up to the action of the tribunals. Copies of these three latter documents had previously been given to me by the Viscount de Sá da Bandeira, and form, together with the sentence of the judge at Mozambique, and the report of the Commission appointed by the Governor-General to inquire into the case, of which I had the honour of transmitting a translation in my despatch of the 7th instant, the inclosures in the Marquis de Loulé's note of the 18th instant to the French Minister. The Marquis de Loulé, in communicating to me the papers in question, begged me to express to your Lordship how grateful the Portuguese Government would feel if your Lordship would afford them your assistance, and employ your good offices with the French Government in order to bring about an amicable settlement of this serious affair. His Excellency said that he trusted your Lordship would be the more ready to do so, because the case was evidently not one of the engagement of free labourers, but of the purchase of slaves, that is to say, a case of Slave Trade. In reply, I promised to report His Excellency's request to your Lordship by this mail. I remarked, at the same time, that the French Government denied that it was a case of Slave Trade, and professed to have proved that it was not so. The French Minister told me, yesterday evening, that he had only been able to forward to his Government translations of the documents sent to him by the Marquis de Loulé, by the French packet of the 24th instant; but that he had announced their intended transmission at once in the telegraphic message in which he reported the refusal of the Portuguese Government to comply with the French demands, and that he had received a telegraphic message in reply, stating that his Government would await the receipt of the documents. I should observe, that the only French vessel of war at present in this port, is a small steamer, of four guns, the Requin, which, as I understand, has been sent here to watch this case. Therefore, if the French Government should contemplate adopting coercive measures against Portugal, they will have to send a larger naval force. In the conversation which I had with the French Minister, on the same occasion, he laid great stress upon the violation of the French flag, which he stated to have taken place in consequence of the Charles et Georges having been visited and captured when beyond cannon-shot from the shore, consequently beyond Portuguese jurisdiction, as was proved by the log-book of the vessel, and other evidence; and he commented upon the circumstance of the Marquis de Loulé having passed over this primary question ("préjudicielle") [1858-59. XLIX.] 2 S in silence. He added, that this is the first question which ought to be decided. I remarked to M. de Lisle, that the Portuguese Government affirm, as stoutly as he denies, the fact that the Charles et Georges was in a Portuguese bay, and within cannon-shot of the shore, and, consequently, in Portuguese waters. In order to elicit some information which might assist your Lordship in forming a judgment, I inquired of the Marquis de Lisle how it was that the captain of the vessel, having in his possession contracts showing the engagements of the negroes as free labourers denied having such papers when the question was put to him by the Commission of Inquiry appointed by the Governor-General, and why he did not produce them on the trial, The Marquis de Lisle replied, that the captain had shown them, with his other papers, to the commander of the Portuguese schooner of war Zambesi, who visited his vessel, and who declared himself satisfied with the papers; that he had not been questioned concerning them by the Commission (whereas the report of that body says that he was); and that he had not produced them at the trial, because he was not asked for them, and because he was not interrogated on the occasion of the trial. The Marquis de Lisle observed, however, that he was aware that the Portuguese form of legal procedure did not require an oral interrogatory. The Earl of Malmesbury. HENRY F. HOWARD. (Inclosure 1.)—The Marquis de Lisle to the Marquis de Loulé. Légation de France en Portugal, M. LE MARQUIS, Lisbonne, le 14 Septembre, 1858. PAR ma note en date du 6 Mai dernier, et en exécution des ordres du Gouvernement de l'Empereur, j'ai eu l'honneur de demander une première fois à votre Excellence que le Gouvernement de Sa Majesté Très Fidèle adressât iminédiatement à l'autorité supérieure de Mozambique l'ordre précis de relâcher ou de remettre à l'officier de la Marine Impériale, envoyé par le Gouverneur de l'Ile de la Réunion, pour le recevoir, le navire Français le Charles et Georges, arrêté le 29 Novembre, 1857, sous fausse inculpation de traite. Par une seconde note en date du 11 Mai, j'ai eu l'honneur d'informer votre Excellence que la communication officielle qu'elle avait bien voulu m'adresser, le 5 du même mois, ne modifiant en rien les appréciations que je lui avais déjà soumises, je devais maintenir mes premières conclusions et redemander la mise en liberté du Charles et Georges. Par une troisième note, sous la date du 15 Août, j'ai sollicité de |