of her daughter, Donna Isabella the Second, hereby engages that immediately after the exchange of the ratifications of the present treaty, and from time to time afterwards as may become needful, Her Majesty will take the most effectual measures for protecting the subjects of Her Catholic Majesty from being concerned, and her flag from being used in carrying on, in any way, the trade in slaves; and especially that, within two months after the said exchange, she will promulgate, throughout the dominions of Her Catholic Majesty, a penal law, inflicting a severe punishment on all those of Her Catholic Majesty's subjects who shall, under any pretext whatever, take any part whatever in the traffic in slaves.

"Article XIII. The negroes who are found on board of a vessel detained by a cruiser, and condemned by the Mixed Courts of Justice, in conformity with the stipulations of this treaty, shall be placed at the disposition of the Government whose cruiser has made the capture, but on the understanding that not only they shall be immediately put at liberty and kept free,-the Government to whom they have been delivered guaranteeing the same; but likewise engag ing to afford, from time to time, and whenever demanded by the other high contracting parties, the fullest information as to the state and condition of such negroes, with a view to securing the due execution of the treaty in this respect."

This treaty of 1835, is referred to by Lord John Russell as still in, force. That it is so regarded by Spain, and by the Spanish authorities in Cuba, is proved by the following circular of the CaptainGeneral of that island:

"His Excellency the Captain-General has ordered the following circular, addressed to the Governors in the different districts of the island, to be published in the official Gazette:

"In the orders communicated by this superior civil government under dates of 30th November and 6th June last, I cautioned the civil authorities of this island to observe the strictest vigilance in order to avoid the landing of African negroes, stating that I would exact, to its fullest extent, their responsibility, as well as that of all public functionaries in whose jurisdiction the landing of negroes might take place, whenever I should be informed that they had been effected by means of neglect or abuse on the part of the said authorities or functionaries.

"Notwithstanding such plain and strict determination on my part, several lots of African negroes have been recently landed in various parts of the island, and I have been compelled to adopt such measures, which are always unpleasant, against certain functionaries, because they have not fully shown that they had used every exertion, and displayed the necessary zeal required. for the exact fulfillment of their duties, and the orders and instructions from this government.

"In consequence, therefore, of the above-mentioned circumstances, and determined as I am, to prevent by every means within my power the continuation of the slave-trade, thus strictly fulfilling the treaties with other nations as well as our laws and dispositions on the subject, I again call upon you, earnestly recommending that under your own responsibility and that of all public officers immediately subordinate to your authority, you shall keep the most vigilant watch, in order to avoid any infringement of the said laws and dispositions in the jurisdiction under your charge; with the understanding that the simple fact of a cargo of Africans being landed, will be deemed sufficient cause to suspend any public functionary who may not use every exertion, and employ all the means which the laws place at his command, in order to avoid or prevent the said landing, whether it is from neglect or from any other cause, subjecting him besides to the decision of the proper tribunals, in case that his behavior or conduct should give cause to suspect his honesty in such cases.

"Your good judgment will at once cause you to understand the great importance of this subject, and as any neglect of zeal or activity would doubt

less fall upon the honor of the government-which it is my duty to keep stainless even to the last of public functionaries-I hope that without any loss of time you will communicate to all those dependent upon your authority, the foregoing determination, and such others as your zeal and good wishes to favor the general interest in its true sense may suggest; with the understanding that I will not deviate in my course for the proper punishment of the guilty, while at the same time I will endeavor to reward the good services of those who may be worthy of it.

"I finally recommend to you that in order to fulfil properly what I have ordered, you shall avail yourself of all such legal steps as may be within your control, with the understanding that all such measures as may tend to prevent the unlawful slave-trade will be approved of by this superior civil government. May God preserve your life many years.

"HAVANA, September 4, 1860."

FRANCISCO SERRANO."

This, if the Captain-General is like some of his predecessors, is just a notice to the local magistrates, to pay over a larger proportion of the bribes they receive to him, and a sham to blind the eyes of the British Government. Still, it shows what the obligations of Spain are known to be. In it, Spain, speaking through his Excellency, the Captain-General of Cuba, September 4, 1860, acknowledges herself bound by these treaties, by which, and by her own laws, the importation of slaves into any part of her dominions, and the traffic in slaves anywhere by her subjects, are forbidden. The forces of both Spain and Great Britain are pledged by these treaties for the enforcement of their stipulations. Let those treaties be enforced, and there can be no importation of slaves into any of the dominions of Spain. Great Britain has the power and the right to enforce them, even by

war.

Lord John Russell, in his circular, calls the attention of the leading powers of both hemispheres to the statement, which he quotes with approbation, from a message of the President of the United States of May last, that "the only portions of the civilized world where it [the slave trade] is tolerated and encouraged, are the Spanish Islands of Cuba and Puerto Rico." This fact is certainly worthy of the attention which it solicits. It shows conclusively, that Great Britain has the destiny of this odious traffic in her own hands, and can put an end to it, whenever she chooses to enforce on Spain the observance of her treaties. It continues, because Great Britain sees fit to indulge Spain in violating her treaty obligations. She can not honcrably shirk this responsibility. She has sought it industriously by negotiation for forty-three years at least, since 1817. She has paid £400,000 sterling for it. She has possessed it in full, revised and perfected, for a quarter of a century, since 1835. To her immortal honor, she has accomplished the work in many parts of the earth. She can finish it when she pleases; and needs not the assistance or assent of any other power on earth.

True, if she were going to war to enforce these treaties, it might be well to prepare other governments for that event, by calling their attention to the facts that make war a duty, so as to secure their approbation in advance. Some parts of this circular read as if written for that purpose. The Liverpool steamer of September 8, too, brought

a telegraphic announcement that "Earl Granville is en route for Madrid. It is reported that this mission relates to the slave-trade." This, too, indicates a disposition to insist on the fulfilment of treaties, and may be a last effort, such as should always be made, to avert the necessity of war. We should be glad to know that such is the determination of the British government; for we have no apprehension that such a war would destroy so many lives as are destroyed by the traffic which it would effectually abolish.

Other parts of the Circular, however, seem to indicate that the British government has no such intention. It proposes to buy off the sugar planters from the slave-trade, by furnishing them with cheap labor from China; a plan on which we shall venture a remark before we close. But first, it is proper to give the reply of our government

to that Circular.

[This circular was published in the Repository for October last.] Before remarking on this document, let us consider what, exactly, Great Britain has left for the United States to do in this matter.

In the first place, it is the duty of our Government to prevent the importation of slaves into the United States. This is done as thoroughly as any government ever executes any law. All laws are sometimes violated, and some violations escape detection. Articles of commerce, excluded from importation or charged with heavy duties, are sometimes successfully smuggled into every country. We know that broadcloths, jewelry, and other articles, are sometimes smuggled into the United States. In some cases, the smugglers are detected and punished, and the goods confiscated; and nobody doubts that there are other cases, which escape detection. In no other article bearing a large profit, probably, is there so little smuggling into the United States, as in slaves. In a single instance it has been done by a bold adventurer, taking advantage of the fact that the authorities, not thinking such audacity possible, were off their guard; and that is all, so far as is known, for many years.

This guarding of our own coasts, if Spain would observe her treaties, or Great Britain would enforce their observance, would be the whole task of the United States in respect to the slave-trade. But so long as Great Britain indulges Spain in conniving at the bribery of her officials, by which slaves can be imported into Cuba, it is the duty of our Government to restrain our own citizens, and others residing or being within our jurisdiction, from engaging in the traffic. This is the work of our navy, under the Ashburton treaty, and of the revenue officers in our several ports. It is a much more difficult work than the other, and less perfectly done, though done to a very good extent, and will be needless whenever those who can and ought to do it will close the market in Cuba and Puerto Rico. In urging us to measures of this kind, Great Britain is only urging us to assist her in using a substitute for the effectual remedy which she has acquired the right, and assumed the responsibility, of applying, but has, as yet, delayed to apply. While that delay continues, it is the duty of our Government to use such repressive measures as are legally and physically in its power.

But Great Britain is not restricted to a war with Spain as a means for suppressing the slave-trade. It would be a Herculean task to ascertain how many and what treaties she has for that purpose; but such samples as come easily under our notice will suffice to show that she can, when she pleases, prevent the exportation of slaves from Africa, as well as their importation into Cuba and Puerto Rico.

In the Reports of Parliamentary Committees for 1847-'48, vol. 22, p. 224, is a list of forty treaties made with African powers, from April, 1841, to July, 1848, for the suppression of the slave-trade. The Reports for 1852-3, vol. 39, p. 214, give a list of twenty-three other treaties made since May, 1850. How many were made between July, 1848, and May, 1850, and how many have been made since, we do not know, though we have seen copies of some; but the territories guarded by these sixty-three, the Republic of Liberia, the possessions of European powers with which she has similar treaties, and her own possessions, cover the whole western coast, from the Great Desert to the Equator. The French slaver, so called, taken a few months since and brought into Key West, took in her cargo of slaves at Whidah, on the coast of Dahomey, in violation of one of these treaties.

In the volume last quoted, p. 201, is found a decree by the Portuguese government, of December 10, 1836, which begins thus:

"ARTICLE I. That the exportation of slaves be henceforth prohibited, both by sea and land, in the Portuguese dominions, as well to the north as to the south of the equator, from the day on which the present decree shall be published in different capitals of the said dominions.

"ARTICLE II. The importation of slaves is also strictly prohibited, under any pretext whatsoever."

It is provided, however, in Article 3, et seq., that any planter removing from one of these Portuguese dominions to another, may, under certain restrictions, import slaves for his own use, not exceeding ten. This decree Portugal is bound by treaty with Great Britain to enforce. In immediate connection with the decree will be found a voluminous official correspondence, setting forth the non-fulfilment of that treaty.

This decree, interpreted according to Portuguese claims, covers all the habitable coast from the Equator, southward, to the British Cape Colony. And if there are a few chiefs on that part of the coast near the equator who do not acknowledge the Portuguese claim, Great Britain may easily make them acknowledge it, so far, at least, as this matter is concerned, without violating any body's rights.

The British Cape Colony on the south, and Natal Colony on the southeast, guard the coast to Delagoa Bay. Thence the Portuguese Mosambique territory guards it, or rather is bound to guard it, northward, to the dominions of the Sultan, or Imaum, of Muscat and Zanzibar, who claims the whole coast to the Red Sea, and with whom Great Britain has a treaty for the suppression of the slave-trade.

It is manifest that if these treaties were all enforced in good faith,

according to the professed views, claims, and intentions of the parties to them, no slaves could be exported from Africa. There would be no place where a slaver could buy a cargo. Squadrons to capture slavers on the "middle passage" would be useless, for there could be none to capture. Questions about "right of search," or of "visit," would be obsolete, for there would be no ships to which they could be applicable. Even if the United States should, as some absurdly prate, re-open the slave-trade by law, the iniquity would be perfectly abortive, for there would be no place where the Southern fire-eater" or the apostate Yankee could make his purchases. He would be at liberty to buy, but nobody would be at liberty to sell to him. Great Britain only needs to enforce her own laws in her African possessions, and her treaties with powers in Africa, or having possessions there, to cut off every nation on earth from all participation in this traffic.

The only possible exception is in relation to some of the coast, here considered as Portuguese. There are some four or five hundred miles of coast between Benguela and the equator, including Loango and Angola, from the actual possession and control of which Portugal has gradually withdrawn, leaving the native tribes in a state of practical independence. The same may be true of small portions of the Mosambique coast. It is not understood that Portugal has ever formally relinquished her ancient claim to any of this territory, or that any European power disputes its validity. If its validity is admitted, then the Portuguese decree of December 10, 1836, and, consequently, the British treaties cover the whole of it. If otherwise, Great Britain may easily close this whole coast, by a few treaties, like the sixtythree or more that she has made farther north.

The process of making such a treaty is well understood by British negotiators; is plain, effective, and, in our judgment, justifiable. Take Gallinas, one of the most difficult cases in all Africa, for an illustration. A ship of war arrived, put down her anchors, and her commander proposed to negotiate, as he was duly empowered to do. The chiefs hesitated and delayed, hoping that the ship would leave; but were positively informed that the blockade would be continued, and every slaver coming out would be captured, till the treaty was made. When the chiefs were convinced that this would actually be done, they made the treaty, abolishing the slave trade within their dominions. In the same way, treaties may be made with every chief on the coast.

Great Britain, as we have already stated, has treaties covering the whole western coast, from the Great Desert to this old Portuguese claim. If she has stopped short at that point, it is doubtless because she recognizes that claim as valid; and then her treaty with Portugal covers that coast. But it would be in accordance with her practice in other cases, if, without denying that claim, she has made treaties with chiefs exercising a present practical sovereignty on some part of the country covered by it. We have seen no such treaties, and can not now command time for a thorough search. One fact, however, indicates their existence. In April, 1851, the British Commodore on that coast, at Loango, in an official statement to Commander A.