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Brazil’s Internet Bill of
Rights: A Closer Look
Carlos Affonso Souza, Mario Viola
& Ronaldo Lemos (eds.)
 Brazil’s Internet Bill
of Rights: A Closer Look
Carlos Affonso Souza, Mario Viola
& Ronaldo Lemos (eds.)

Second Edition
© 2017 Institute for Technology and Society of Rio de Janeiro (ITS Rio)

Editing
Carlos Affonso Souza, Mario Viola & Ronaldo Lemos

Revision
Beatriz Nunes

Cover and design

Thiago Dias

Publication, bound and print

Editar Editora Associada – Juiz de Fora – MG, Brazil
+55 32 3213-2529 / +55 32 3241-2670

International data for the purposes of cataloging of the publication

S719b Souza, Carlos Affonso

V795b Viola, Mario
L544b Lemos, Ronaldo

Brazil’s Internet Bill of Rights: A Closer Look

/ Carlos Affonso Souza, Mario Viola & Ronaldo
Lemos. ___________________

ISBN: 978-85- 7851-172- 2

1. Information technology. 2. Internet.

CDD 004
CDU 004.7

License under Creative Commons 4.0

Attribution-NonCommercial-ShareAlike
4.0 International (CC BY-NC-SA 4.0)

For more information:

https://creativecommons.org/licenses/by-nc-sa/4.0/
 Summary
5 Introduction

7 Law no. 12.965 of April 23, 2014 (The Internet Bill of Rights)

29 Brazil’s Internet Bill of Rights Regulatory Decree

no. 8.771/2016

41 Ronaldo Lemos

1. The Internet Bill of Rights as an Example

of Multistakeholderism

51 Sérgio Branco

2. Notes on Brazilian Internet Regulation

71 Celina M.A. Bottino and Fabro Steibel

3. A Collaborative and Open Internet Bill:

the policy-making process of the Internet Bill of Rights

81 Mario Viola

4. Data Protection & Privacy in the Internet Era:

the Internet Bill of Rights

89 Carlos Affonso Souza

5. Internet Intermediary Liability:

an overview of the Internet Bill of Rights

101 Florian Martin-Bariteau

6. Intermediaries’ Liability: a North American Perspective

119 Daniel Arnaudo and Roxana Radu

7. Transatlantic Perspectives on the Internet Bill of Rights

133 Chiara Antonia Spadaccini de Teffé

8. What is revenge porn and how can I protect myself?

 Introduction
The idea to create a Bill of Rights for the Internet is not exact-
ly new. Since 2006 the United Nations’ Internet Governance
Forum (IGF) has enabled an on-going debate around several
Internet Bill of Rights initiatives.

Brazil has been in the forefront of this debate right from the
start. For reasons that are further explained in this book, the
initiative to create an Internet Bill of Rights took a hard law
approach.

This book makes the law accessible for English readers and
provides an analysis on some of the main topics regulated by
the Internet Bill of Rights. A translated version of the Bill and
its regulatory decree (Decree no. 8.771/2016) is also included
to facilitate the readers' comprehension of the main topics
annotated by ITS Rio's team and fellows.

The first chapter provides a glimpse on how the law has af-
fected Brazilian society and what are the present and future
challenges threatening this legislation. On the following two
chapters, the authors explain how the process of creation
was inspired by multistakeholder and collaborative princi-
ples. The fourth chapter illustrates how the law treats pri-
vacy issues such as data protection. The fifth chapter is an
overview on how the Marco Civil treats intermediaries’ lia-
bility when it comes to different kinds of providers. The sixth
chapter compares the intermediary liability regime adopted
by the Brazilian Law to the one currently in force in North
America. The seventh chapter shows how the Internet Bill of
Rights influenced other countries. The final chapter explores
the issue of revenge porn and how the Law tackles it.
5
This book is an extended, reviewed and updated ver-
sion of ITS Rio’s “Understanding Brazil’s Internet Bill
of Rights”. It was only possible due to the revision and
suggestions made by Beatriz Laus Marinho Nunes. The au-
thors of this book and the entire ITS team hope you enjoy
reading the next pages as much as we did writing them!

6
Law no. 12.965 of April 23, 2014:
The Internet Bill of Rights
Internet Bill of Rights

OFFICE OF THE PRESIDENT OF THE REPUBLIC

CIVIL CHIEF OF STAFF

DEPARTMENT OF LEGAL AFFAIRS

Law No. 12.965 of April 23, 2014

Sets forth principles, guarantees, rights, and duties for

Internet use in Brazil.

I, THE PRESIDENT OF THE REPUBLIC, make it known

that the National Congress has decreed and I have sanc-
tioned the following Law:

CHAPTER I
PRELIMINARY PROVISIONS

Art. 1. This Law sets forth principles, guarantees, rights,

and duties for Internet use in Brazil and establishes guide-
lines for action by the Union, the States, the Federal Dis-
trict, and the Municipalities regarding the Internet.

Art. 2. The foundations of Internet governance in Brazil

are based on the respect for freedom of expression and:

I – recognition of the global scale of the network;

II – human rights, individual development, and the ex-

ercise of civic awareness through digital media;

III – pluralism and diversity;

IV – openness and collaboration;

8
V – free enterprise, free competition, and consumer pro-
tection; and

VI – the social purposes of the network.

Art. 3. The following principles underlie Internet gover-

nance in Brazil:

I – freedom of expression, communication, and thought,

as provided for in the Federal Constitution;

II – protection of privacy;

III – personal data protection, as provided by law;

IV – preserving and guaranteeing network neutrality;

V – ensuring stability, security, and functionality by

technical means consistent with international stan-
dards and by encouraging the use of best practices;

VI – holding agents liable for their actions, as provided

for by law;

VII – preserving the network’s participatory nature;

VIII – freedom to do business on the Internet, as long as

it does not conflict with other principles established in
this Law.

§1. The principles set out in this Law do not exclude oth-
ers related to the same subject matter under Brazilian
law or international treaties to which Brazil is party.

Art. 4. The purpose of Internet governance in Brazil is

to promote:

I – Internet access for all;

9
II – access to information and knowledge, and partici-
pation in cultural life and public affairs;

III – innovation and widespread availability of new tech-

nologies and models to use and access the Internet; and

IV – adherence to open technology standards that allow

for communication, accessibility, and interoperability
between applications and databases.

Art. 5. For the purposes of this Law, the following terms

have the meaning ascribed to them below:

I – Internet: a system formed by a set of logical proto-

cols, structured on a worldwide scale for unrestricted
public use, enabling data communication between ter-
minals through different networks;

II – terminal: any computer or device that connects to

the Internet;

III – Internet protocol address (IP address): a code de-

fined according to international standards, assigned
to a terminal connected to a network, allowing it to be
identified;

IV – autonomous system administrator: a person or le-

gal entity that administers specific blocks of IP address-
es and the corresponding autonomous routing system,
and that is duly registered with the national authority
responsible for registration and distribution of IP ad-
dresses geographically allocated to the country;

V – Internet connection: the assignment or authentica-

tion of an IP address, enabling a terminal to send and
receive data packets over the Internet;
10
VI – connection log: a record of information regarding
the date and time that the Internet connection begins
and ends, its duration, and the IP address used by the
terminal to send and receive data packets;

VII – Internet applications: the set of functionalities

that can be accessed by a terminal connected to the In-
ternet, and

VIII – Internet application access log: a record of infor-

mation regarding the date and time when a given Inter-
net application was accessed from a certain IP address.

Art. 6. In interpreting this Law, the nature of the In-

ternet, its particular uses and traditions, and its im-
portance in promoting human, economic, social, and
cultural development must be taken into account, in
addition to the foundations, principles, and objectives
set forth herein.

CHAPTER II
USERS’ RIGHTS AND GUARANTEES

Art. 7. Internet access is essential for the exercise of cit-

izenship rights and duties, and users have the right to:

I – privacy and private life, and to compensation for ma-

terial and moral damages resulting from violation of
the right to privacy and private life;

II – confidentiality of communications made via the In-

ternet, which may only be disclosed by judicial order in
the manner provided for by law;

11
III – confidentiality of stored private communications,
which may only be disclosed by judicial order;

IV – maintenance of Internet connection, unless it is ter-

minated due to the user’s failure to pay for its use;

V – a consistent Internet connection in accordance with

the quality contracted with the provider

VI – clear and complete information in contracts with

Internet service providers, including a detailed descrip-
tion of the measures taken to protect connection logs
and Internet application access logs, and of network
management practices that could affect the quality of
the service;

VII – non-disclosure of their personal data to third

parties, including connection logs and Internet appli-
cation access logs, except with their free, express, and
informed consent or in the cases provided for by law;

VIII – clear and comprehensive information on the col-

lection, use, storage, and protection of users’ personal
data, which may only be used for purposes that:

a) justify collecting the data;

b) are not prohibited by law; and

c) are specifically stated in Internet service contracts or

in terms and conditions for use of Internet applications.

IX – express consent for the collection, use, storage, and

processing of personal data, which must be presented
in a way that distinguishes the consent clause from the
other contractual clauses;

12
X – full removal of personal data supplied to Internet
applications, at the users request, at the end of the
agreement between the parties, except when this Law
requires records to be kept;

XI – policies on use that are clear and publicized, when

Internet service providers or Internet applications pro-
viders adopt such policies;

XII – accessibility, taking into account users’ physical,

motor, perceptual, sensory, intellectual, and mental
abilities, as provided for by law; and

XIII – application of consumer protection rules to con-

sumer relations that take place on the Internet.

Art. 8. Protection of the right to privacy and freedom of

expression in communications is a necessary condition
for the full exercise of the right to Internet access.

§1. Contractual clauses that violate the above provision

are void, as are those that:

I – violate the right to privacy and confidentiality of pri-

vate communications over the Internet; or

II – do not offer users, in adhesion contracts, the option

of adopting Brazilian jurisdiction for the resolution of
disputes in connection with services provided in Brazil.

13
 CHAPTER III
INTERNET SERVICE AND APPLICATIONS
PROVIDERS

Section I
Net Neutrality

Art. 9. The agent in charge of transmission, switching,

and routing must give all data packets equal treatment,
regardless of content, origin and destination, service,
terminal or application.

§1. Traffic discrimination and degradation will be sub-

ject to regulations issued under the exclusive powers
granted to the President of the Republic in article 84(iv)
of the Federal Constitution, for the better implemen-
tation of this Law, after hearing the Brazilian Internet
Steering Committee (CGI.br) and the National Telecom-
munications Agency (Anatel), and may only result from:

I – technical requirements essential to the adequate pro-

vision of services and applications, and

II – prioritization of emergency services.

§2. In the event of traffic discrimination or degradation,

as contemplated in §1, the agent in charge must:

I – refrain from causing damage to users, as provided

for in article 927 of the Civil Code (Law no. 10.406 of Jan-
uary 10, 2002);

II – act in a fair, proportionate, and transparent manner;

14
III – provide users, in advance, with clear and sufficient-
ly descriptive information on its traffic management
and mitigation practices, including network security
measures; and mitigation,

IV – provide services on non-discriminatory commer-

cial terms and refrain from anticompetitive practices.

§3. Subject to the provisions of this article, the content

of data packets may not be blocked, monitored, filtered
or analyzed in Internet connections, either paid or free
of charge, or in transmission, switching, and routing.

Section II
Protection of Logs, Personal Data, and Private
Communications

Art. 10. Maintenance and disclosure of Internet connec-

tion logs and Internet application access logs contem-
plated in this Law, of personal data, and of the content
of private communications must respect the privacy,
private life, honor, and image of the parties directly or
indirectly involved.

§1. The provider responsible for maintaining the logs

may only be required to make those logs available, ei-
ther alone or together with personal data or other infor-
mation that could help to identify a user or terminal, by
judicial order as contemplated for in Section IV of this
Chapter, subject to the provisions of article 7.

§2. The content of private communications may only

be disclosed by judicial order, in the cases and in the

15
manner provided for by law, subject to the provisions of
article 7(II) and (III).

§3. This article does not prevent access to users’ iden-

tification information and addresses by administrative
authorities holding powers under the law to requisition
that information.

§4. Security and confidentiality measures and proce-

dures must be clearly communicated by the service pro-
vider and must meet regulatory standards, subject to
the service provider’s right to protect trade secrets.

Art. 11. All operations involving the collection, storage,

retention or processing of records, personal data, or
communications by Internet service and applications
providers must comply with Brazilian law and the
rights to privacy, protection of personal data, and con-
fidentiality of private communications and records, if
any of those acts occur in Brazilian territory.

§1. The provisions of this article apply to all data col-

lected in Brazilian territory and to the content of com-
munications if at least one of the terminals is located in
Brazil.

§2. The provisions of this article apply to activities

conducted by foreign-based legal entities, if they offer
services to the Brazilian public or at least one of the
members of the legal entities’ economic group has an
establishment in Brazil.

§3. Internet connection and application providers must

provide, in the manner established by regulation, infor-
mation needed to determine whether Brazilian law has
16
been complied with concerning the collection, reten-
tion, storage, and processing of data and on protection
of privacy and confidentiality of communications..

§4. Regulations on the procedure for determining

whether infractions of this article have occurred will be
issued by decree.

Art. 12. In addition to any civil, criminal or adminis-

trative sanctions that may apply, any infraction of the
rules under articles 10 and 11 is subject to the following
sanctions, applied singly or in conjunction, according
to each case:

I – a warning, which will establish a deadline for any

corrective measures;

II – a fine of up to 10% of the economic group’s sales

revenue in Brazil in its most recent financial year, ex-
cluding taxes, to be fixed in light of the offender’s fi-
nancial condition and the principle of proportionality
between the seriousness of the offense and the severity
of the penalty.

III – temporary suspension of activities that involve the

acts referred to in article 11; and

IV – prohibition of activities that involve the acts re-

ferred to in article 11

§1. In the case of foreign companies, any subsidiary,

branch, office or establishment located in Brazil will be
jointly liable for the payment of the fine referred to above.

17
 Subsection I
Maintenance of Internet Connection Logs

Art. 13. In providing Internet connection services, au-

tonomous system administrators must keep connection
logs for a period of one year, under strict confidentiality
and in a controlled and secure environment, as provid-
ed for by regulation.

§1. Responsibility for keeping connection logs may not

be transferred to third parties.

§2. The police or administrative authorities or the Pub-

lic Prosecution Service may require as a precaution that
connection logs be kept for longer than the period pro-
vided for in this article.

§3. In the event provided for in §2, the requesting au-

thority will have a period of 60 days from the date the
request is made to file an application for judicial autho-
rization to access the logs referred to in this article.

§4. The provider responsible for keeping the logs must

keep the request provided for in §2 confidential; the
request will become void if the application for judicial
authorization is rejected or is not filed within the time
period established in §3.

§5. In all cases, judicial authorization must be obtained

before logs are made available to the requesting author-
ity, in compliance with Section IV of this Chapter.

§6. In applying sanctions for failure to comply with this ar-

ticle, the nature and severity of the infraction, the resulting

18
damage, the potential benefit to the offender, the aggra-
vating circumstances, and the offender’s record and repeat
offenses, if any, will be taken into consideration.

Subsection II
Maintenance of Internet Application Access
Logs in Providing Internet Connection

Art. 14. It is forbidden to keep Internet application ac-

cess logs in providing Internet connection services.

Subsection III
Maintenance of Internet Application Access
Logs in Providing Applications

Art. 15. Internet applications providers that are legal

entities providing applications in an organized, pro-
fessional manner, for profit, must keep access logs to
Internet applications for a period of six months, under
strict confidentiality and in a controlled and secure en-
vironment, in the manner provided for by regulation.

§1. Internet applications providers that are not subject

to the above provisions may be required by judicial or-
der to keep access logs to Internet applications in con-
nection with specific facts for a determined period of time.

§2. The police or administrative authorities or the Pub-

lic Prosecution Service may require any Internet appli-
cation provider, as a precaution, to keep Internet appli-
cation logs, and to keep them for a period longer than
the period established in the head of this article, subject

19
to the provisions of article 13 §3 and §4.

§3. In all cases, judicial authorization must be obtained

before logs are made available to the requesting author-
ity, in compliance with Section IV of this Chapter.

§4. In applying sanctions for failure to comply with this

article, the nature and severity of the infraction, the re-
sulting damage, the potential benefit to the offender, the
aggravating circumstances, and the offender’s record and
repeat offenses if any will be taken into consideration.

Art. 16. In providing Internet applications, either paid

or free of charge, it is forbidden to keep:

I – logs of access to other Internet applications unless

the data subject has given consent in advance, subject
to the provisions of article 7; or

II – personal data that exceeds the purpose for which

the data subject gave consent.

Art. 17. Except in the cases provided in this Law, the

choice not to keep logs of access to Internet applications
does not result in liability to third parties for damage
suffered because of their use of such services.

20
 Section III
Liability for Damage Caused by Content Pro-
duced by Third Parties

Art. 18. Internet connection providers do not have civil

liability for damages resulting from content produced
by third parties.

Art. 19. In order to ensure freedom of expression and

prevent censorship, Internet applications providers
may only be held civilly liable for damages resulting
from content generated by third parties if, after specific
judicial order, the provider fails to take action to make
the content identified as offensive unavailable on its
service by the stipulated deadline, subject to the techni-
cal limitations of its service and any legal provisions to
the contrary.

§1. Under the penalty of nullity, the judicial order re-

ferred to above, must specifically identify the offensive
content for the unequivocal location of the material.

§2. This article will apply to violations of copyright and

related rights only when specific legislation to that ef-
fect is adopted; the legislation, when adopted, must re-
spect the freedom of expression and other guarantees
provided for in article 5 of the Federal Constitution.

§3. Actions dealing with damage reparation resulting

from content related to the claimant’s honor, reputation
or personality rights made available on the Internet, or
with Internet applications providers’ removal of such
content, may be brought before small claims courts.

21
§4. The court may grant the relief requested in the com-
plaint on a preliminary basis, in whole or in part, if there
is unmistakable proof of the facts and after considering
the public’s interest in making the content available on
the Internet, as long as the claimant shows that his claim
is prima facie good and that there is reason to believe that
irreparable harm, or harm that would be difficult to re-
pair, would occur if the relief was not granted in advance.

Art. 20. If the Internet application provider has contact

information for the user who is directly responsible for
the content referred to in article 19, the provider must
notify the user for the reasons for removing the content
and other information related to its removal, with suffi-
cient detail to enable a full answer and defense in court,
unless applicable legislation or a reasoned court order
expressly stipulates otherwise.

§1. At the request of the user who posted the content

that was removed, the Internet applications provider,
if it is a legal entity providing applications in an orga-
nized, professional manner, for profit, must replace the
removed content with a statement of the reasons for re-
moval or the judicial order to remove the content.

Art. 21. Internet applications providers that make avail-

able content created by third parties will be secondari-
ly liable for the violation of privacy resulting from the
disclosure, without the participants’ authorization, of
images, videos, and other materials containing nudity
or sexual acts of a private nature, if after receiving no-
tice from the participant or the participant’s legal rep-
resentative, the Internet applications provider fails to

22
promptly to remove the content from its service, subject
to technical limitations of the service.

§1. Under the penalty of nullity, the notice referred to

in this article must contain elements that allows the
Internet applications provider to identify the specific
material that allegedly violates the participant’s right
to privacy and to determine that the person making the
request has a lawful interest to do so.

Section IV
Judicial Order for Disclosure of Records

Art. 22. In order to obtain evidence for use in civil or

criminal proceedings, the interested party may apply to
the court, as an incident to a main proceeding or in a
separate proceeding, for an order compelling the party
responsible for keeping Internet connection logs or In-
ternet applications access logs to produce them.

§1. In addition to other legal requirements, the application

will not be admissible unless it contains the following:

I – good grounds to suggest that an unlawful act was

committed;

II – good reason to believe that the requested logs will be

useful as evidence or for purposes of investigation; and

III – the period to which the records relate.

Art. 23. The court has powers to impose measures to en-

sure the confidentiality of the information received and to
preserve privacy, private life, honor, and public image of

23
the user, and may order that public access to the informa-
tion, including the application for production, be limited.

CHAPTER IV
THE ROLE OF PUBLIC AUTHORITIES

Art. 24. The following are guidelines for action by the

Union, the States, the Federal District, and the Munic-
ipalities for the development of the Internet in Brazil:

I – establishing multistakeholder, transparent, collab-

orative, and democratic governance mechanisms, with
the participation of the government, the private sector,
civil society, and the academic community;

II – promoting rationalization in the management, ex-

pansion, and use of the Internet, with the participation
of the Brazilian Internet Steering Committee;

III – promoting rationalization and technological interop-

erability of electronic government services among the dif-
ferent branches and levels of government, allowing the
exchange of information and expeditious procedures;

IV – promoting interoperability between different sys-

tems and terminals, including the different levels of
government and various sectors of society;

V – adopting preferably free and open technologies,

standards and formats;

VI – promoting access to and dissemination of public

data and information in an open and structured manner;

VII – optimizing infrastructure networks and encourag-

24
ing the creation of data storage, management and dis-
semination centers in Brazil and promoting technical
quality, innovation, and widespread availability of In-
ternet applications, without detriment to the openness,
neutrality, and collaborative nature of the Internet;

VIII – developing actions and training programs for In-

ternet use;

IX - promoting culture and citizenship;

X – providing integrated, effective, and simplified pub-

lic services to citizens through multiple channels, in-
cluding remote access.

Art. 25. Government Internet applications must promote:

I – compatibility of e-government services with different

terminals, operating systems, and access applications;

II – accessibility for all interested parties, regardless of

their physical and motor skills, or perceptual, cultural,
and social characteristics, while ensuring confidentiality
and compliance with administrative and legal restrictions;

III – compatibility with both human reading and auto-

mated data processing;

IV – user friendliness of all e-government services, and

V – strengthened social engagement in public policies.

Art. 26. The government’s constitutional duty to provide

education at all levels of learning, includes

training, in combination with other educational prac-

tices, for safe, aware, and responsible use of the Inter-

25
net as a tool for exercising citizenship rights and duties,
promoting culture and developing technology.

Art. 27. Public initiatives to promote digital literacy and

use of the Internet as a social tool must:

I – promote digital inclusion;

II – seek to reduce inequalities in access to and use of

information and communication technologies, particu-
larly between different regions of Brazil; and

III – foster production and dissemination of national

content.

Art. 28. The government must, at regular intervals, de-

sign and encourage studies, and establish goals, strate-
gies, action plans, and timelines, for the use and devel-
opment of the Internet in Brazil.

CHAPTER V
FINAL PROVISIONS

Art. 29. Users are free to use the software of their choice
to facilitate parental control over content that parents
consider inappropriate for their minor children, subject
to the principles under this Law and of Law no. 8069 of
July 13, 1990 – The Child and Adolescent Statute.

§1. Government, in conjunction with Internet connec-

tion and applications providers and civil society, has
the duty to promote education and provide information
on use of the software referred to in this article, and
to define best practices for the digital inclusion of chil-

26
dren and adolescents.

Art. 30. The rights and interests established in this Law

may be enforced through the courts, in individual or
collective actions, in the manner provided for by law.

Art. 31. Until the specific legislation referred to in arti-

cle 19, §2 comes into force, the liability of Internet appli-
cations providers for damages resulting from content
generated by third parties, in the case of copyright in-
fringements and related rights, will continue to be gov-
erned by the legislation on copyright in effect on the
date that this Law came into force.

Art. 32. This Law comes into force 60 days after its offi-
cial publication.

Brasilia, April 23, 2014, the 193th year of Independence

and the 126th of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo

Miriam Belchior

Paulo Bernardo Silva

Clélio Campolina Diniz

This text does not replace the text published in the

Diário Oficial da União dated April 24, 2014.

27
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from the ground, surrounded by a high wall enclosing what appeared
to be farm-buildings, with a large double gate where carts and cattle
could pass. After knocking loudly, an old Turk appeared. Telling him I
was an English traveller and had lost my way, I begged to have
shelter for the night anywhere in the farm-yard; a feed for my horses
and some bread and coffee, if nothing else in the way of food was
procurable, for myself and servant, for we were very hungry.
The Turk replied that his master was ——— Bey, who had
formerly been in the service of the Porte; that he was a landed
proprietor; that as his family dwelt with him, no man could be
admitted into the house; but he offered to ask the Bey’s permission
to allow us to pass the night in one of the outhouses and to put up
our horses.
The gate was again closed, and after waiting a few minutes, a
Turkish gentleman, dressed in a handsome fur pelisse and fez,
appeared.
After the usual salutations, he said, ‘Are you an Englishman?’ I
replied that I was, without making myself known as one of the
Secretaries of the British Embassy. He bade me welcome in a hearty
manner, and turning to the old man who had just opened the gate,
directed that my attendant should be lodged in a room in the farm-
buildings and given whatever he might require, and that the horses
should be stalled and fed.
Then taking me to the door of his house and opening it with a
large key, he stopped on the threshold and said, ‘You are an English
gentleman, and therefore a man of honour. I am about to do that
which no Mohammedan will or ought to do, and admit you to my
harem amongst my family. I have heard how English gentlemen visit
the houses of friends and live as men of honour with their families,
without restraint. I shall do the same, for I have special reasons for
my conduct, which I will relate when you have rested. It is my
earnest hope that you should feel as if you were with one of your
own countrymen; but I beg you to keep secret from every one your
visit to my house, and never to mention whom you may see within it.’
He then led me up a narrow staircase into a well-lighted room,
handsomely furnished with beautiful carpeting, comfortable divans,
mirrors, Turkish tables, arms hung on the wall, and a couch with
pretty embroidered cushions and silk quilt, which he said was to be
my bed.
Again and again he bade me welcome, adding, ‘I shall leave you
to repose—you must be hungry. Supper is ordered. A pipe and
coffee will be brought to you, order what you please;’ then as he
withdrew he repeated again in a kind manner, ‘An English Effendi is
always a man of honour.’
Whilst inspecting the room and wondering what all this meant, I
heard a gentle step, and a tall graceful figure of a girl about
seventeen entered. She was dressed handsomely in a jacket used
by Turkish ladies, with a bodice open in front, like the square dresses
now worn by English ladies of an evening. She had on yellow silk
‘shalvas’ fastened by a white muslin sash, the ends of which were
prettily embroidered. Her complexion was olive, with very large dark
eyes and long eyelashes; her nose aquiline, and her mouth like a
ring set in ruby lips. She looked grave and sad, but blushes diffused
her cheeks as she bowed gracefully, and with a sweet smile put a
‘chebúk’ to my mouth, and then retired. Her hair was braided in
tresses around her head and adorned with coins. Two long braids
hung down her back.
 This vision of a Turkish maiden seemed like a dream, and whilst
pondering over the pretty figure that had just left and wondering
whether she would return, another damsel appeared bearing a cup
of coffee in a ‘finjan’ studded with precious stones. Bending before
me, she put it on the little table.
She appeared to be about fifteen, dressed like the bearer of the
‘chebúk,’ but of a fairer complexion, with dark blue eyes, her nose
retroussé. She was not so demure in her looks or manner, and
standing before me blushing and smiling with a mirthful expression,
said in a very sweet voice, ‘My father bids me ask if there is anything
you wish for, and to say your supper will soon be ready.’ After
thanking her, I held my tongue, remembering I was an ‘honourable
man.’ She retired, turning at the threshold to look at me, with a pretty
smile of mischief. Shortly afterwards the elder damsel reappeared,
bringing sherbet. I thanked her, and she bowed and withdrew.
Then the host followed to announce that supper was ready and
inquiring whether I had been properly attended to, led me to a lower
room, remarking that he thought I should be better able to enjoy my
repast without his presence, but that he hoped in the evening to
converse with me.
During the supper I was waited on by both the fair maidens, who
brought me in succession a number of savoury dishes, with fruit and
sweets of all kinds, for which the Turks are famous.
I partook of everything largely, to the evident amusement and
pleasure of the maidens. The elder was no longer so demure in her
manner, and the eyes of the younger sparkled with fun as she waited
on me; but I indulged in no conversation further than to thank them
now and then, saying ever to myself, ‘my host says I am an
honourable man;’ but I fear my looks betrayed my admiration.
 After supper the Bey conducted me to my apartment, where
coffee was brought to us by the damsels, both of whom, I learnt,
were his daughters. I expressed to the Bey my warmest thanks for
his hospitality, and for the great confidence he had shown by
admitting me amongst his family. Upon this, he said he would relate
why he had broken through the Mohammedan custom and usages
and bidden me welcome in his harem. He was fulfilling a vow made
years ago, that whenever he had an opportunity, he would
endeavour to give proof of his gratitude for kindness received from
the captain of a British merchant vessel.
‘When I was a young man,’ continued the Bey, ‘before I was
married, I went on a pilgrimage to Mecca. On my return I embarked
from Alexandria on a Turkish vessel bound to Constantinople. We
encountered a heavy gale; the vessel was old and rotten; leaks were
sprung, and the captain, crew, and myself who was the only
passenger, had barely time to get into the ship’s boat, when the
vessel sunk. I lost all my clothes and money, with the exception of a
few piastres. We expected every moment the boat would be
swamped by the heavy seas breaking around us, when a ship hove
in sight. Signals of distress were made, and she came to our
assistance, and we were all taken safely on board. She proved to be
an English vessel bound for Salonica. The captain, a kind-hearted
but rough-looking sailor, gave us dry clothes, dressed me in a warm
suit of his own and supplied us with food.
‘We arrived at Salonica and I was enabled through the pratique
master, who understood a little English, to express my gratitude. I
offered to pay for my passage and food. The captain was indignant,
and said he would not accept a farthing; but, on the contrary, having
learnt that I had no money to continue my voyage and had no friends
at Salonica, put a small sum into my hands which would enable me
to proceed to Constantinople.
‘You,’ he continued, ‘are the first Englishman to whom I have had
an opportunity of showing feelings of gratitude, long pent-up, to your
countryman who saved my life.’
I then told him that I was one of the Secretaries of the British
Embassy at Constantinople, and what had been the object of my
visit to Broussa. I said I should make known to the ‘great Elchi’ his
hospitality and kindness. He again impressed upon me his anxious
wish that I should keep my reception in his household a secret, and,
above all, the fact that I had been waited on by his daughters—for he
said it would be a serious matter if this was known to his co-
religionists. He consented, however, to my telling the Ambassador
confidentially all that had happened; but to my Turkish friends at
Constantinople I was only to mention that I and my servant had
received shelter for the night. He also requested me not to tell my
Greek attendant that I had seen any women in the house.
At sunrise next day I was up, and going into the courtyard gave
directions to my servant to have the horses ready for a start as soon
as I had breakfasted. He informed me that he had been well taken
care of. I gave the Greek several gold piastres, which I directed
should be distributed amongst the dependants of the Bey. He
informed me that he had learnt from the old gatekeeper that the Bey
had only one wife, and no other inmates of the harem except his two
daughters and some black slaves.
A good breakfast was ready for me as I re-entered the house, and
again the pretty damsels waited on me without the presence of their
father; and though I had lost my heart (it was an easy matter in those
days) to the blue-eyed little maiden, I refrained from saying more
than expressions of thanks in the most polite Turkish, keeping
steadfastly in mind that an ‘English gentleman is an honourable
man.’
On going away, the Bey accompanied me to the door, and whilst I
reiterated my warmest thanks, he put into my hand a little sealed
packet, observing, ‘You will pardon me for returning the handsome
“bakshish” you had directed the Greek to distribute amongst my
dependants. The latter have made known and returned to me what
they had received; I shall reward them, but I cannot allow that you
should do so. It would have given me,’ he added, ‘great pain if they
had retained the money, and it would have deprived me of the
pleasure and satisfaction I have felt in welcoming an Englishman to
my house.’ I said not a word, and put the money into my pocket. As I
left the house I could not help looking back as long as the lattice
windows were in sight, and thought I espied bright eyes peering out
at the parting guest; but I refrained from waving hand or
handkerchief.
Sir Stratford Canning, to whom I related this adventure
confidentially on my arrival, made known to the Porte that I had
received hospitality and great kindness from this Bey when
benighted on my return from Broussa, and expressed a hope that
the Porte would in some suitable form mark approval of such
kindness shown to a member of the Embassy.
The Turkish Government announced their satisfaction and thanks
for the report I had presented, through the Ambassador, giving the
result of my inquiry into the conduct of Pasha and Consul, and sent
to H.E. a Sultan’s ‘berat’ or edict, placing the Bey under the special
protection of the Porte and of His Imperial Majesty, and
recommending him to the good offices of the Pasha and other
officials.
This ‘berat’ I forwarded in a letter to the Bey; but, alas! I could not
send the messages I should have wished to have done to Fatima
and the ‘dil bere’ (heart-robber) Aisha.
That year Sir Stratford Canning, accompanied by all his family
and all the members of the Embassy except myself, who was left in
charge for a few days, made an excursion to Broussa and were
received with great attention and hospitality by the Pasha. In 1844
the latter was removed from his government and returned to
Constantinople, where he resided in a large kiosk on the Bosphorus.
In the summer of 1844, having obtained leave of absence from
Her Majesty’s Government, I made arrangements to embark in a
French steamer bound for Marseilles.
On taking leave of the Ambassador, he told me he had ordered
his ‘kaik’ to convey me from Buyukdere, where his Excellency then
resided, to the steamer in Pera harbour, but that he was anxious I
should call on the ex-Pasha of Broussa and present to him a gold
chronometer, worth about £60, as a token of his—Sir Stratford’s—
friendship, and acknowledgement of the hospitality shown to himself
and family on his visit.
His Excellency added, ‘I am especially anxious you should
present this gift, and renew your acquaintance with the Pasha, and
thus remove any feeling that might possibly exist in his mind
regarding the inquiry made by you into his and the Consul’s conduct,
and the decision that was come to by the Porte in consequence of
your report; for the Pasha will probably be employed again by the
Government, and when you return to the Embassy it is desirable that
you should both be on friendly terms.’ In pursuance of these
instructions I called on the Pasha, who received me very kindly and
told me he had a lively recollection of my visit to Broussa, and of my
statement in the report that both he and the Consul were in the
wrong and had been quarrelling upon trivial matters.
He laughed and added, ‘You were quite right; the Consul and I
made it up and became good friends, so I feel indebted to you for not
having unduly taken the part of your Consul.’
I presented the chronometer, with a suitable message from the
Ambassador, and then told the Pasha I could not wait for the usual
pipes and coffee, as I had to embark in a steamer which was about
to start. He replied that he should only detain me for a moment, and
left the room. He returned immediately, bringing a small green
leathern case, suspended in a little muslin kerchief, which he put into
my hands, saying, ‘You are going to your own country and you may
not return, so I beg you to keep this as a little souvenir of my
friendship.’
Though I knew not what were the contents of the leathern case, I
thought by the shape it was a ‘finjan’ or Turkish saucer for holding a
small cup; but as it is against the established regulations for a
diplomatic officer to accept presents from a foreign official, I told the
Pasha my scruples, and that it would affect me injuriously if I
accepted even the smallest gift.
He said all he could to induce me to waive my objection; but
finding me resolute, he became very grave, took the little muslin
kerchief containing the case from me, as I held it towards him, and
handed me back at the same time the case containing the watch,
saying that ‘if a Secretary of the Embassy cannot receive a little
token of friendship on going away, from a man who no longer holds
any appointment, neither can I, a retired Governor, accept this
chronometer from the Ambassador; have the goodness to make this
known to his Excellency, with my best thanks and excuses.’ As I felt
that Sir Stratford would be excessively annoyed if the gift were
returned, and might think I had not managed to present the gift in a
proper manner, I came (after some parley) to a compromise with the
Pasha, that he should retain the chronometer and I his gift; that I
should write a note at once to the Ambassador explaining all that
had happened, and dispatch it to his Excellency by the ‘kaik’ that
brought me; that if the Ambassador disapproved of my accepting the
gift I should be allowed to return it to the Pasha, with a letter of
explanation, and in such case he would retain the chronometer; but if
his Excellency approved, there was an end of the matter, and under
any circumstances, I told the Pasha, I was much pleased and most
grateful for his kind intention.
I sent off the ‘kaik’ to the Embassy, and proceeded in another to
the French steamer, which was about to leave. On getting into the
‘kaik,’ I opened the little leather case. It contained a small gold
‘finjan’ encrusted with rose diamonds, worth about £70.
Just as the steamer was on the point of leaving, the
Ambassador’s ‘kaik’ came alongside, with a messenger bringing a
note from Lady Stratford Canning. The note stated that the
Ambassador entirely approved all I had done, and directed that I
should keep the Pasha’s gift.
On my way to England I stopped at Paris for a few days to make
the acquaintance of Admiral Lalande, who had commanded the
French fleet which had been sent to Besika Bay during the Egyptian
question in 1840. He was married to the sister of my brother-in-law,
the late M. Mauboussin.
 The Admiral received me very cordially. He was looking ill, and
told me it was probable that he would be in his grave before the end
of three weeks, as he was suffering from an internal disease and
lived entirely upon milk. He was not confined to his couch but walked
about the room whilst conversing, as if full of vigour both in mind and
body. He asked me if I should see, whilst in London, Lord Ponsonby;
saying he was very anxious to send him ‘the message of a dying
man.’ I replied that I should make a point of calling on his Lordship,
from whom I had received much kindness. The Admiral then
observed that he entertained the highest opinion of Lord Ponsonby,
though he was aware that he had successfully opposed French
views and projects in Egypt, and had assumed an ascendency over
the minds of the Sultan and his advisers which redounded to his
credit as a diplomatist, though antagonistic to France.
‘From the fact,’ said the Admiral, ‘of my having such a high
opinion of the character of your Ambassador, it has been very painful
to me to have learnt, from communications which have been
imparted to me by my Government, that Lord Ponsonby is under the
impression that I took a prominent part in inducing the Turkish
Admiral to be a traitor to his sovereign and deliver over the Turkish
fleet to Mehemet Ali. It was of course,’ he said, ‘an event to which
much importance was attached by those who had desired to support
Mehemet Ali’s independence; but,’ he added, ‘no possible advantage
to French interests would ever have induced me to advise or
encourage any man to turn traitor to his sovereign, and I hold the
Turkish Admiral in utter contempt for that act of infamy. I am now,’ he
continued, ‘as I have told you, a dying man; in a few days you will
hear I have passed away, and I desire that you should convey to
Lord Ponsonby the following message:—“I swear, as a dying man,
that whatever may have been done by other French officials, I took
no part in the matter, nor indeed was I aware, until the Turkish fleet
was delivered over to Mehemet Ali, of the intention of the Turkish
Admiral.”
‘It is my anxious desire, as I have the highest opinion of Lord
Ponsonby as an honourable man, that any erroneous impression on
this subject should be removed from his mind before I die, and that
he should give me credit also for being an honourable man, and
incapable of counselling any one to turn traitor to his sovereign.
‘Take his Lordship,’ he added, ‘this message, and let me know
before I die whether he gives credence to my declaration.’ This I
promised to do.
Admiral Lalande related to me that, during the time the French
and British fleet lay together in Besika Bay, he had become very
intimate with Admiral Sir Robert Stopford, that they dined frequently
together and had become fast friends.
He observed that I was no doubt aware that it was then expected,
at any moment, that a declaration of war would take place, and that
an engagement would follow between the two fleets. ‘It is all settled
now,’ he said, ‘and we are at peace, so I can tell you confidentially
that we two old men talked over the probability of a sudden
declaration of war one evening after dinner, and as we each
expressed a sincere desire that no undue advantage should be
taken by either through receiving earlier tidings of a rupture, we
concerted that a private signal should be hoisted on our respective
flagships, the object of which should be unknown to the officers of
our fleets, when either of us received tidings that war was declared,
so that each might be prepared, without undue advantage, to take
measures for a fair fight. Every morning and evening we were wont
to look for this signal. At that time,’ the admiral continued, ‘the
French fleet was in first-rate order, and we had one vessel more than
the English at anchor, as the latter had a vessel or two on the coast
of Egypt.
‘Your fleet,’ he said, ‘was also in admirable order, but we were
quite your match; and I tell you frankly that though I have no
unfriendly feeling towards your nation, I die a disappointed man in
that I lost the opportunity of a fight; for I had hoped, if not victorious,
to have been able to wage such a battle as would have wiped out
the defeats our squadrons and ships had almost always experienced
in the last great war.’
Lord Ponsonby was in town when I arrived; he took the greatest
interest in the message I brought him, and requested me to inform
Admiral Lalande it was perfectly correct that he had been led to
believe he had induced, or secretly encouraged, the Turkish Admiral
to deliver up the fleet to Mehemet Ali; but that Admiral Lalande’s
declaration was sufficient to convince him that he was mistaken, and
that he greatly regretted having joined with others in putting forward
such an accusation. He requested me also to say that he was much
pleased and gratified that the Admiral should have desired to have
this matter cleared up, and told me to thank him and to express a
hope that he would yet live for many years to serve his country.
I wrote to Admiral Lalande and made known Lord Ponsonby’s
reply. My letter reached him a few days before his death, which
occurred within the three weeks, as he had prognosticated.
In the same year I was directed, by order of Her Majesty’s
Government, to accompany Colonel Barnett to Egypt, on his
appointment as Political Agent and Consul-General, and remained
there several months. After a few weeks’ residence at Cairo, I was
offered by Lord Palmerston, through Colonel Barnett, the post of
Consul at Alexandria, which the latter endeavoured to persuade me
to accept as he urged it would lead to my being appointed his
successor; but the climate of Egypt did not agree with me and I
declined, preferring to return to the Embassy at Constantinople.
Commodore Porter was at this time Minister of the United States
at Constantinople.
He was a distinguished officer, who had rendered important
services during the war with Great Britain. The commodore was very
eccentric, a type of the rough sailor of by-gone days, but pleasant
and amusing, and, when spinning yarns about actions between
British and United States ships, always careful to avoid—even when
the story related regarded the capture by himself of one of our ships
—any expression which he thought might wound my susceptibilities
as a ‘Britisher.’
He lived at San Stefano, a village about ten miles from
Constantinople. I had made the acquaintance of his nephew, Mr.
George Porter, the Secretary of the United States Legation, who
frequently invited me—when there was a passage of quail—to a
day’s shooting and to dinner with his uncle; but I was the only
member of the Diplomatic Corps at Constantinople thus favoured.
Since he had presented his credentials to the Sultan, and made
the usual formal visits to his colleagues, he called upon no one—not
even upon the Vizir or any member of the Turkish Government.
One day, after dinner, I happened to relate to the Commodore a
political event that had recently occurred, in which he appeared to
take great interest; so, finding him in good humour, I took the liberty
of observing that, as he had mentioned he never visited or received
visits from members of the Turkish Government or of the Diplomatic
Corps, I thought he must find it a difficult matter to keep his
Government properly and correctly informed upon passing events,
which were at that time of the greatest importance to the political
world.
The Commodore replied, his eyes twinkling with humour, ‘I am
very careful to keep my Government fully informed of all that takes
place, and I receive replies expressing satisfaction with my
interesting reports and the foresight they declare I show in predicting
events which are likely to happen.’
‘Now,’ said the Commodore, ‘I will make known to you, in the
greatest confidence, how I acquire the information which enables me
to draw up those very able reports. I take Galignani’s Messenger,
which reaches me regularly, and this paper—as you know—contains
extracts from the English and foreign journals, with reports from their
correspondents at Constantinople, regarding the various questions
which are taking place and other occurrences of a political character.
I have all these under my careful consideration, and, assisted by the
local knowledge of my nephew, draw my conclusions and transmit,
with some slight alteration in language, copies of the articles which
appear in the Galignani. I may be sometimes three or four days later
than my colleagues in forwarding reports of passing events to our
respective Governments, but I flatter myself that the digest of the
views entertained by the able reporters at Constantinople is
preferable to, and less likely to mislead the United States
Government than the reports which many of my excellent
colleagues, carried away sometimes by personal motives, may
transmit to their Governments.’
 CHAPTER VI.

MISSION TO TANGIER.
 In 1844 Mr. Hay went to England on leave, and visited also
Stockholm and Copenhagen. At this latter capital he met the ‘fair girl’
who was to be his future wife, as Leila had predicted. Whilst in
Stockholm, he was presented to King Oscar by our Minister, Mr.
Cartwright, and in the course of conversation with His Majesty about
Morocco, pointed out the advisability of abolishing the old
Convention between Morocco and Sweden, and Morocco and
Denmark, which stipulated that $25,000 (£5,000) should be paid
annually to the Sultan, in order that vessels under the flags of these
two nations should pass the Straits unmolested by Moorish cruisers;
these cruisers having virtually ceased to exist, though the
Convention remained in force.
A rupture of relations between France and Morocco was at this
time imminent, and Mr. Hay’s father, then Political Agent at Tangier,
had been sent, with the knowledge of the French Government, to the
city of Marákesh on a mission to endeavour to induce the Sultan to
accept the French demands. On hearing of this expedition Mr. Hay
wrote to Lord Aberdeen, who was then Secretary for Foreign Affairs,
to offer his services temporarily in Morocco. This offer was accepted.
That Mr. Hay, while at Constantinople, had gained the kindly
opinion of Sir Stratford and Lady Canning may be gathered from the
following letter written to him after his departure from Constantinople,
when Lady Canning learnt that he had been sent to Tangier. The
note was accompanied by the gift of a beautiful cushion in Turkish
embroidery.

You must not leave Constantinople, my dear Mr. Hay, without some little
memento from me to remind you in future days of our life spent together on the
Bosphorus in which, though it may have had some cloudy moments, I hope the
bright ones have preponderated and will alone be remembered by you. We shall
miss you sadly; for your labours have not been thrown away on Sir Stratford, and
you have helped to keep us all in good humour with our neighbours, and for all this
I thank you much. Let us hear of you often, and believe that we shall feel interest
in all that concerns you.
Yours very sincerely,
 E. C. Canning.

Mr. Hay arrived at Tangier shortly after the bombardment of that

town by the Prince de Joinville. Notwithstanding the promises made
by the French Government that hostilities should not be commenced
until his father returned from the Court, where he had actually
succeeded in obtaining consent to the chief demands of the French,
the Prince had bombarded Tangier. This unexpected outbreak of
hostilities placed in jeopardy the life of the elder Mr. Hay, who was
still in the interior and who had to pass, on his return from Marákesh
to Tangier, through districts inhabited by wild tribes.
Some of the difficulties with which his father had been confronted
in dealing with the Sultan are touched on in the following letter
written on the return journey from his mission to Marákesh, dated
Camp on the Wad Nefis, July 26, 1844:—

’Tis a sad thing that all folks in Europe, my masters in Downing Street may not
be excepted, have hardly any just conception of the difficulties of my position. It
would take a volume—not small—to relate the bother and the tricks and bad faith
with which I have had to contend—and as to going fast, as Mr. Bulwer has
everlastingly urged, who among mortal men can make Moors go fast, nay, nor
hardly move at all—in the straight path of honour and sound policy? . . .
Alas! I know not what to think. I had hoped the French would have waited until
my report reached Tangier or myself arrived there and told them all. So they are
now preparing to cast fire and the sword on this unhappy country of ignorant
barbarians.
The Moors are mere children, vain children; obstinate, through a shocking
bigotry and ignorance scarcely credible. They have, I believe, had at least two
collisions with the French on their frontier; but all their acts of folly were, I am
certain, without authority. Alas, again, for the poor Sultan; he cannot manage his
own people! If the war do burst forth here, when shall it end? There will be an
internal revolution forthwith, I am almost sure! And drivellers in pomposity and self-
sufficiency would ever publish that all was well.

The elder Mr. Hay did not long survive the effects of the journey,
with all its worry and vexation; but succumbed shortly after his
return, to low fever and other complaints. During his illness, which
lasted several months, Mr. John Hay was directed by Lord Aberdeen
to take charge of political affairs in Morocco, whilst Mr. H. Murray, the
Consul, conducted the consular duties.
The crisis was one of considerable importance. In addition to the
internal difficulties of Morocco, questions with foreign Powers
embarrassed the Sultan’s Government. Denmark and Sweden had
sent squadrons in this year to Moorish waters, demanding the
abrogation of the treaty referred to in Mr. Hay’s audience of King
Oscar.
The Spanish Government had also a question pending with
Morocco regarding the neutral ground and frontier of Ceuta; and, for
the settlement of this question, Sir Henry Bulwer, then H.B.M.’s
Minister at Madrid, had been appointed special Plenipotentiary.
In the following letter to his late chief at Constantinople Mr. Hay
gives an account of the state of affairs which he found on his arrival
at Tangier.

Sept. 12, 1844.

My dear Sir Stratford,
I received yesterday Y.E.’s kind letter of 27th ult.
Your Excellency will no doubt have learnt, both from H.M.’s Government and
the newspapers, accounts of passing events in this country, so I only relate the
more recent that I have witnessed.
The day before yesterday the French squadron arrived, consisting of two line-
of-battle ships and five steamers, having on board the Prince de Joinville, Mons.
de Nion, the French Chargé d’Affaires, and the Duc de Glücksberg (Decazes), an
adjunct Plenipotentiary sent for the purpose of meeting the Moorish
Plenipotentiary, Sid Buselham Ben Ali, to arrange the conditions for peace. I
received, the same morning, a letter from Mr. Bulwer acquainting me with the
nature of the French demands, which proved to be identic with those already
granted to my father by the Sultan of Morocco during his late mission.
The Moorish Plenipotentiary, Sid Buselham, has received orders from the
Sultan to be guided by our counsels in replying to the various demands of the
French. I accordingly went to see the Sid and made known to him the nature of the
French demands, telling him they were just and such as could be granted without
lowering the dignity of the Sultan. I pointed out the proper answers to be made,
and urged him to settle the matter the very day that the demands were presented;
and thus it happened that three hours did not elapse from the time they were
made, until the French flag was hoisted and flying at the Residence of their Chargé
d’Affaires and was saluted by the batteries.
The substance of the demands was as follows:—
‘That Abd-el-Kader be considered as a common enemy and, if taken by either
party, be confined in a State prison at some distant port. The frontier to be marked
out as in the time of the Turks. The withdrawal of the French troops from Ujda,
except 3,000 men. A new treaty to be made embracing the above conditions, and,
when ratified, Ujda and the Island of Mogador are to be given up by the French
and all prisoners exchanged and set free.
The question that may now be asked is—What has been the object of the
French in all this? For their demands remain the same and the concessions are
the same as before the war: and although they say the Sultan is faithless, they
never gave time to test whether he would be so or not, after having pledged
himself to a British agent to act with good faith—but this, it strikes me, is the sore
point.
French supremacy is aimed at, throughout Eastern and Western Barbary, and
an arrangement effected through the good offices of a British agent militates
against that supremacy.
The foolish language of a British officer high in rank, on the other side of the
water, declaring that England would never allow a gun to be fired at a Moorish
port, roused the worst feelings towards us throughout the French squadron,
participated in by the Prince; so, five hours before my father’s arrival from the
Moorish Court (although hourly expected, and feeling that to bombard Tangier after
hearing vivâ voce that the Sultan had granted their demands, would be un peu trop
fort), having bombarded Tangier in the presence of two British ships of war and, I
may say, of our garrison at Gibraltar, off they go to Mogador—the mouth, as the
Moors call it, of British commerce with Central Africa, where we have a
considerable trade. They destroy the forts, and the destruction of the town is
completed by the wild tribes, who burn, pillage, and murder, committing barbarities
on a par with the wanton and uncalled-for proceedings of the French. After striking
this blow at British trade, the French embark and return here to make peace!!
Well it is, that peace is made; for the country is in a state of revolution; the
Sultan totters on his throne, and in a few weeks such a state of anarchy would
have ensued that no Europeans could have remained in the country. There would
have been no Government to treat with, and of the five millions of people, only
robbers and pirates would have come to the front.
 How would England have liked this? How would other countries? How would
France?—pledged as she is to us not to take possession of any part of Morocco.
What would she gain but to have roused a spirit of revenge amongst these wild
inhabitants of a country capable of maintaining ten Abd-el-Kaders, as soon as they
learn how to war with disciplined armies? An army of 20,000 men, well disciplined,
might march from one end of the Empire to the other, but to hold the country
200,000 would not suffice.
The French interest, therefore, was not to have weakened the Sultan’s power,
but to have given him time to put in execution his promises and to have helped him
in so doing, if required; but the shaft was shot at ‘Albion la perfide’—Albion, whose
agent here, ever since the conquest of Algiers, has been instructed to hold, and
has held, but one language, that of urging the Sultan not to give ground of offence
to his powerful neighbour, and above all not to support or mix himself up with Abd-
el-Kader.
The Spanish affair is also concluded. My father brought back very full
concessions, and on Mr. Bulwer’s arrival at Gibraltar, with full powers from Spain,
all matters were settled at once by the Moors, and I had the satisfaction of having
used my humble efforts in effecting this.
The Danish and Swedish affairs are in a fair way of being settled amicably, and,
although I must not blow my own trumpet, yet I am sure your Excellency will be
pleased to learn that I have gained some credit at home for the part I have taken in
these affairs which, in consequence of my father’s serious illness, have been
entirely under my guidance, as being the sole medium of communication both
verbally and in writing. I can assure your Excellency that I daily feel the benefit
reaped from the excellent school of diplomacy in which I passed my probation in
the East; and if I have been of use to Her Majesty’s Government, the lessons I
there learnt have been my guide; if I have failed, it has been my own fault.
There is one more remark which I wish to add—that I look upon Morocco as a
field upon which there will often be like cause for anxiety to Europe, and especially
to Great Britain; and how can it be otherwise when we consider the conflicting
characters of the people on the frontier? Such being the case, it becomes more
urgent than ever that some understanding be come to with France by England, for
preserving the integrity of this Empire, and that their agents here should be
persons that act up to the peaceful spirit of their instructions—otherwise a bone of
dissension will ever be found in West Barbary.

Owing to his father’s illness and subsequent death, the settlement

of the complicated questions alluded to in this letter devolved on Mr.
Hay. In this task he acquitted himself with credit, as is proved by the
satisfaction of his official chief at Madrid, and the recognition of his