DECREE of the Emperor of Brazil, for the execution of the Law of 1850 against the Slave Trade. Rio de Janeiro, November 14, 1850.

(Translation.*)

Decree for regulating the execution of the Law of September 4, 1850, establishing measures for the Suppression of the African Slave Trade in this Empire.

I HAVE thought proper, in the exercise of the right granted to me by Article CII, § 12, of the Constitution,† after hearing the Council of State, to decree as follows:

ART. I. After publication of the sentences in which the maritime judge shall appeal ex officio, in conformity with the Articles X and XIII of the Decree of the 14th October, 1850,‡ the clerk of court shall take a copy within the term stated in Article XXIV of the said decree; and he shall, within the same term, deliver the original process into the office of the Secretary of State for the Affairs of Justice; if in the provinces, into the office of the Secretary of the Presidency, that it may be delivered, through that office, into that of the Affairs of Justice. The receipt of the original process shall be attached to its respective copy.

II. When the documents are delivered in at the office of the Secretary of Justice, the proper Minister shall appoint one of the members of the Section of Justice of the Council of State, as reporter, to whom they shall be handed over.

III. The reporter shall present the same at the first conference, and in that conference the Section of Justice of the Council of State shall consider whether any steps are necessary for discovery of the truth or regularity of process; and having taken. those steps, if they be necessary, or without them, if unnecessary, he shall direct cognizance thereof to be given to the captors and to the captured parties, to the Curator of Africans, and to any other parties who are to be heard. The papers shall be delivered to the chief clerk in the office of the Secretary of Justice, who shall cause the notice giving cognizance to the parties to be published in the official newspaper for three consecutive days.

IV. The advocates of the Council of State, who are empowered to act by the captors and captured parties, and the Curator of Africans, shall be allowed to see the documents, if they require it, within 8 days, reckoning from the first notice; and in this case the papers shall be delivered to them, they signing a receipt in the register. The papers shall be returned after 5 days from delivery, to the attorneys of the captors or captured parties, and * See original Portuguese. Slave Trade Papers, 1850, 1851. Class B, Page 377. * See Page 163. See Page 166.

shall be delivered to the reporter, with the statements and documents presented, if any, or without them, if there be none. The parties who do not appoint an advocate of the Council of State, may examine the documents in the office, where they shall present their arguments and documents, if they have any, within the term mentioned.

V. In the first conference following, the reporter shall present a written statement; and having read the papers which he may think necessary, or which the Councillors require, he shall pronounce his opinion; and the discussion being completed, the voting shall be proceeded with, precedence being given to any judicial questions which may have been raised.

VI. The reporter shall write the judgment in the form of a discussion and sentence, mentioning also the opinion of the minority, if any.

VII. This adjudication shall be of no effect until after the determination of the Executive Power, who shall order it to be published, whereby it shall be understood that it is confirmed, and that the sentence is to be fully executed.

VIII. When the Executive Power is of opinion that the whole Council of State ought to be heard, before publishing the opinion of the Section, he shall direct the Council to be summoned, and the reporter shall make his statement and read all the documents in presence of the Council; and having taken the votes, the Secretary shall draw out the sentence in the established form, mentioning all the opinions: and those which shall be confirmed by the Imperial determination shall have the effect of a decision.

IX. The Imperial determination taken upon the opinion of the Section, or upon the deliberation of the Council of State, cannot be stayed unless in the following cases:

1. When the adjudication appears obscure or equivocal ;

2. When the cause shall have been determined in the absence of the owners of the ship or cargo, and they present themselves within the term stated in the advertisements, by Article VIII of the decree, of October 14, 1850,* as in this case only are they allowed this relief. But this favour cannot be claimed by persons who suffered judgment to go by default, if they were present in the place at the time of the capture, or of the trial in the first or second

instance.

In cases of arrest of judgment, the same process is to be followed as in the appeals treated of in the preceding Articles.

X. Appeals entered by the Maritime Judge in the terms of Article XXVI of the Decree of October 14, 1850,† and those entered by the parties in the case of a true bill found, shall be tried by the form of Articles XXXII and XXXIII of the Regulation of Tribunals, of January 3, 1833.

*See Page 165.

+ See Page 169.

Appeals shall be tried in the form of Articles XXVIII, XXIX, and XXX of the aforesaid Regulation.

Eusebio de Queiroz Coutinho Mattosa Camaro, of my Council, Minister and Secretary of State of the Affairs of Justice, is to understand So, and to cause it to be carried into effect.

Palace of Rio de Janeiro, 14th of November, 1850, 29th of Independence and of Empire.

(With the signature of His Majesty the Emperor.)

EUSEBIO DE QUIEROZ COUTINHO MATTOSO CAMARA.

BRITISH TREASURY WARRANT, fixing the Rates of Postage on Letters between the United Kingdom and Brazil, between Brazilian Ports, and between Brazil and British Colonies and Foreign Countries; and defining the Privilege of the Government of Brazil, with respect to the transmission of Official Letters between London, Lisbon, Buenos Ayres, Monte Video, and Rio de Janeiro, and between the Ports of Brazil. March 22, 1853.

WHEREAS by an Act passed in the 4th year of the reign of her present Majesty, intituled " An Act for the regulation of the Duties of Postage," power is given to the Commissioners of Her Majesty's Treasury, from time to time, by warrant under their hands, to alter and fix any of the rates of British postage, or inland postage payable by law on the transmission by the post of Foreign or Colonial letters or newspapers, or of any other printed papers, and to subject the same to rates of postage according to the weight thereof, and a scale of weight to be contained in such warrant, and, from time to time, by warrant as aforesaid, to alter or repeal any such altered rates, and make and establish any new or other rates in lieu thereof, and, from time to time, by warrant as aforesaid, to appoint at what time the rates which may be payable are to be paid; and it is provided that the power thereby given should extend to any increase or reduction or remission of postage.

And whereas, in consequence of a communication opened with the Government of Brazil, it is considered expedient to alter the rates of postage payable on the letters hereinafter

mentioned.

Now we, the Undersigned, being 2 of the Commissioners of Her Majesty's Treasury, do, in exercise of the power or authority in us for such purpose vested, in and by the said recited Act, and of all other powers and authorities enabling us in this behalf, direct, that on every letter, not exceeding an ounce in weight, transmitted by the post between any part of the United Kingdom and any port in Brazil, conveyed between the United Kingdom and Brazil direct by packet-boat, there shall be charged and taken, in

* See Vol. 5, Page 248.

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lieu of any rates of British postage now payable by law on such letters, an uniform rate of British postage of 1 shilling; and that on every letter, not exceeding an ounce in weight, transmitted by the post between any 2 ports in Brazil direct by packet-boat, without passing through the United Kingdom, there shall be charged and taken in lieu of any rates of British postage, now payable by law on such letters, an uniform rate of British postage of 34 d.

And we direct, that on every letter, not exceeding an ounce in weight, transmitted by the post between Brazil and any of Her Majesty's Colonies or any Foreign country through the United Kingdom, conveyed direct by packet-boat or private ship, between the United Kingdom and Brazil, there shall be charged and taken, in lieu of any rates of British postage now payable by law on such letters if conveyed between the United Kingdom and Brazil by packet-boat, an uniform rate of British postage of 1 shilling, for the conveyance of every such letter between Brazil and any part of the United Kingdom; and if by private ship, an uniform rate of British postage of 8 pence, for the conveyance of any such letter between Brazil and any part of the United Kingdom; and there shall be also charged on all such letters, whether conveyed by packet boat or private ship, such a further or additional rate of British postage for the conveyance of every such letter between the port in the United Kingdom of the departure or arrival of the packet or ship conveying the same, and the Colony or Foreign country to or from which the same shall be forwarded, as shall from time to time be charged and payable for British postage on letters not exceeding an ounce in weight, posted or delivered at the port in the United Kingdom of the departure or arrival of the packet or ship conveying the same, and transmitted direct between such port and such Colony or Foreign country.

And we further direct, that on every letter transmitted as hereinbefore in this Warrant is mentioned, exceeding an ounce in weight, there shall be charged, taken, and paid progressive and additional rates of postage as follows; that is to say:

On every letter exceeding an ounce in weight, and not exceeding 1 ounce in weight, 2 rates of postage.

On every letter exceeding 1 ounce, and not exceeding 2 ounces in weight, 4 rates of postage.

On every letter exceeding 2 ounces, and not exceeding 3 ounces in weight, 6 rates of postage.

And on every letter exceeding 3 ounces, and not exceeding 4 ounces in weight, 8 rates of postage.

And for every ounce in weight above the weight of 4 ounces, there shall be charged and taken 2 additional rates of postage; and every fraction of 1 ounce above the weight of 4 ounces, shall be charged as 1 additional ounce; and each progressive and additional rate chargeable under this clause, shall be estimated and

charged at the sum which any such letter would be charged with under this warrant, if not exceeding an ounce in weight.

And we direct that the letters and despatches of the Government of Brazil to or from its Diplomatic Agents in London, Lisbon, Monte Video, and Buenos Ayres, forwarded by British packet-boat, shall be conveyed free of all charge of British postage, provided that this privilege shall be confined to letters and despatches received from, or addressed to, the Government of Brazil, by the Brazilian Minister in London, or by the Brazilian Minister or Brazilian Consul in Lisbon, Monte Video, or Buenos Ayres respectively; provided also that the weight of such letters and despatches sent by any one packet-boat to or from the Brazilian Minister in London, shall not exceed 120 ounces, and that the weight of such letters and despatches, sent by any one packet-boat, to or from the Brazilian Minister or Consul in Lisbon, Monte Video, or Buenos Ayres shall not exceed 30 ounces; and that if such letters and despatches, by any one packet-boat, to or from the Brazilian Minister in London, shall exceed the weight of 120 ounces, or if such letters and despatches, by any one packet-boat, to or from the Brazilian Minister or Consul in Lisbon, Monte Video, or Buenos Ayres shall exceed the weight of 30 ounces, the excess above 120 ounces and 30 ounces respectively shall be charged with the like rates of postage as would, under this Warrant, be chargeable if such letters and despatches had not been sent to or from any such privileged person; provided also, that all such letters and despatches, to be entitled to be conveyed free of postage, if sent from London, shall bear the official seal of the Brazilian Minister in London, and shall be addressed to the Minister of Foreign Affairs at Rio de Janeiro, and if sent from Lisbon, Monte Video, and Buenos Ayres the same shall bear the official seal of the Brazilian Minister or Brazilian Consul in Lisbon, Monte Video, or Buenos Ayres respectively, and shall be addressed to the Minister of Foreign Affairs at Rio de Janeiro, and all such letters and despatches, if sent from Brazil, shall bear the official seal of such Minister of Foreign Affairs.

And we direct that the letters and despatches to and from the Government of Brazil may be sent by British packet-boat between any ports in Brazil at which such packet-boats may touch free of all charge of British postage.

And we further direct that nothing herein contained shall be deemed or construed to annul, prejudice, or affect any of the exemptions and privileges granted by the said recited Act, or by an Act made and passed in the 1st year of the reign of her present Majesty, intituled "An Act for the management of the Post-office," and that all such exemptions and privileges shall remain in full

force.

And we further direct that the terms and expressions used in

* See Vol. 7, Page 413.