solely such Ports on the Coast of Africa where the Slave-trade is permitted to the Subjects of the Empire," and, on the 13th of March, 1827, was detained at anchor off Whydah, in Latitude 6. 14. North, with no Slaves on board (after having been previously boarded, as appears by Indorsement on her Passport, by His Majesty's Ship North Star, to Leeward of that anchorage, that is to say, between there and Badagry, on the 2d March, 1827,) by His Majesty's Ship Maidstone, Commodore Bullen, C. B. Commander; who states, in his Declaration of the 13th of March, 1827," that finding her at anchor in the Bight of Benin, off Whydah, a noted Slave-haunt, in Latitude 6. 14. North, trafficking for Slaves; being boarded to Leeward of the said anchorage on the 2d instant, by His Majesty's Ship North Star, in direct opposition to the true intent and meaning of the 2d Article of the Additional Convention, signed at London on the 28th July, 1817, as also of the one to which it refers, No. 1, of the Treaty signed at Vienna on the 22d of January, 1815, and also of her said Imperial Passport, No. 2, and by virtue of the late Correspondence on this particular subject with the Brazilian Government, a Copy of which has been transmitted me by my Lords Commissioners of the Admiralty, I have deemed it my duty to detain her for the before-mentioned direct breaches of such Treaties. and send her to Sierra Leone Mixed Commission Court for Adjudication." This Vessel arrived here on the 4th of April, 1827, and on the following day the Papers were brought into Court, duly authenticated by the Officer in charge of her, (an Admiralty Mate of His Majesty's Ship Maidstone) and the usual Monition prayed for and granted with leave to file Evidence. The Monition was returned on the 14th of the same month. From the Evidence of the Master, Jozé da Silva Rios, on the Standing Interrogatories, it appeared, that "the sole Owner of the Vessel and her Cargo was Jozé Alvez da Crus Rios, who resides in Bahia, at which Place he, the Master, took possession of the Vessel about 6 months since, but neither himself, nor either of the Officers or Mariners on board, had any part, share, or interest in the Vessel or her lading; that the present Voyage began at Bahia, and was to have ended there; Bahia was the last clearing Port the Vessel sailed from previous to Capture; she anchored at Ajuda (Whydah) in 6. 20. North Latitude during the Voyage, she anchored there being obliged to put into that Port (where there is a Portuguese Fort) to take in water, where she was captured. The merchandize on board her was to have been delivered at Molembo, in 5. 20. South Latitude, for the real account, risk, and benefit of the aforesaid Owner. The Cargo consists of cloth, tobacco, and rum, and it is now all on board, as when first shipped at Bahia; he, the Master, is the Consignee of the same; no Slaves whatever have been taken on board during the Voyage." This Evidence was confirmed by the Cook and a Seaman of the Vessel, in their Answers to the Standing Interrogatories. From the Log of the Vessel it appeared that, on leaving Bahia, in Latitude 13. 9. South, Longitude 38. 28. West, she was steered to make a Southward and Eastward course until the 9th day, when, being in Latitude 22. 34. South, and Longitude 28. 27. West, she is going from that day to the Northward and Eastward until the 25th day of the Voyage, when, being in Latitude 4. 23. North, Longitude 6. 26. West, land is seen in the Longitude of the River Sestos, and soundings had in 50 fathoms, from this she steers a South-East course, apparently to round Cape Palmas, for the next day she is running with all sail set to the Northward and Eastward, which course is continued for 6 days more being the 31st of the Voyage, when, being in Latitude 5. 37. North, and Longitude 10 minutes West, and according to this reckoning off Accra, the Log ends. Two or 3 tornadoes appear to have been experienced on the Vessel's making the Coast, but no entry is made of any damage being sustained from them, or the loss of any fresh water in consequence. The Master, in his Claim for the Vessel, her tackle, apparel, and furniture, and her Cargo, as the sole property of the before-mentioned Jozé Alvez da Crus Rios, maketh oath, (after stating that he verily believes that the said Vessel and Cargo are protected by the Treaty or Convention between His Britannick Majesty and His Most Faithful Majesty,)" that the said Vessel Trajano" was made to reach Ajuda (and was brought to an anchor under the Fort, which, he believes, is called Fort St. Juan,) on the Coast of Africa, in order to procure a supply of fresh water, the said Fort being in the possession of the Crown of Portugal; that by reason of the water of Bahia not being found to keep sweet under hatches, the said Vessel Trajano carried all her water on deck, but by the length of the Voyage, upwards of 34 days, and several violent tornadoes that were experienced by the said Vessel during the passage, the Crew were reduced to 1 bottle each man for every 24 hours before their arrival at Ajuda aforesaid; that the casks below were filled with salt water, which, on arrival at Ajuda aforesaid, were emptied and refilled with fresh, and that bulk was not broken or any traffick made with the Cargo of the said Vessel for any purpose whatsoever during the Voyage. No Evidence was filed in support of the aforesaid Claim. The first point for consideration in this Case is, the fact of this Vessel being found at anchor in a Port to the Northward of the Line, in direct violation of the provisions of her Imperial Passport which made it " obligatory on her to enter solely such Ports on the Coast of Africa where the Slave-trade is permitted to the Subjects of the Brazilian Empire by Treaty." From the Log of the Vessel, it appears, that from the 9th day after leaving Bahia, being then in Latitude 22. 34. South, and Longitude 28. 27. West, to the termination of the Log, she is making a North-East course, to the exception of one day, when it was changed to the Southward, apparently, from the Latitude and Longitude, for the purpose of rounding Cape Palmas. The winds in the Log, judging from the rate of the Vessel's sailing, are evidently laid down incorrectly; still on the face of it, there is sufficient proof that the object of the Master was to get to the Northward; at times it shews him to have been steering with the wind from N. E., and making a N.N.W. course on the starboard tack, when, by laying on the larboard, he would have made a due East course (which was required) allowing for variation; at other times he is running free 7 or 8 knots in an hour, and thus making Northing, when, by keeping close to the wind, he would have made nearly his due course to the Eastward; indeed, from his own admission, in his Affidavit in support of his Claim, that "the Vessel was made to reach Ajuda" (Whydah) there can be no doubt, but that this was the intention at the outset of the Voyage, and that the Vessel was steered accordingly. The next point to be considered was the reasons assigned for this violation of the Imperial Passport, and the object of selecting Whydah, a Port frequented for no other purpose than the Slave-trade. In the Answers of the Master to the Standing Interrogatories, he says, that he was obliged to put into that Port to take in water," and, in his Affidavit in support of his Claim, that "this was rendered necessary by reason of the water of Bahia not being found to keep sweet under hatches, in consequence of which the Vessel carried all her water on deck, but by the length of the Voyage, upwards of 34 days, and several violent tornadoes, that were experienced during the passage, the Crew were reduced to 1 bottle each man for every 24 hours." From the Log it appears that the Vessel was in the Latitude and Longitude of Accra on the 31st day of the Voyage, and that, therefore, if the procuring of water had been the object of the Master, he would not have passed Elmina, Cape Coast Castle, and Accra, where there exists no difficulty in procuring water, and have proceeded further to Leeward in search of it, to a Port where the greatest difficulty is experienced in communicating with the shore from the heavy surf. The reasons assigned, however, for the want of this necessary article, are too improbable to gain belief, and, in the absence of any proof being furnished to support this Statement of the Master, and the silence of the Log respecting the loss of any water, must be disbelieved; the setting forth that the water of Bahia will not keep below hatches, is the most shallow excuse ever offered for the serious consideration of a Court, and only calculated to shew to what duplicity the illicit Traf fickers have recourse to cover their barefaced violation of a solemn Treaty, and the Laws of their own Government; great stress is laid in the Evidence of no Slave or Slaves having been taken on board, and that bulk had not been broken. The 1st Article of the Treaty expressly declares, that" it shall not be lawful for any of the Subjects of the Crown of Portugal to purchase Slaves, or to carry on the Slave-trade on any part of the Coast of Africa to the Northward of the Equator, upon any pretence or in any manner whatsoever." There can be no possible doubt that the going to Whydah in this Case, under the plea of requiring water, was a mere pretext to carry on the Slave-trade to the Northward of the Line, either at that Port, or at some other of the neighbouring haunts, and that the demand for Slaves, which has latterly been so great, was the only cause of delay in the landing of the Cargo, in the disposing of which, therefore, some difficulty no doubt was found. The circumstance of the Vessel lying there, as is shewn by the Indorsement on her Passport, at least 10 days, is also pretty conclusive of the object of her touching at that Port; as to the mention of a Portuguese Fort being there, it can have no weight in the Case, it has long been abandoned and left to the occupation of one Chatcha, otherwise De Sousa, whose name, as connected with Slaving transactions from that Port, is constantly before the Courts. The Court met for Adjudication in this Case on the 30th of April, 1827, when, having duly considered the Evidence filed, and in the absence of any negative proof on the part of the Claimant, on whom, by the 5th Article of the Instructions to the two Navies, the onus probandi lies, and bearing in mind the principles laid down by the Commissioners in the Case of the Hiroina, declares the Vessel, first to have violated the Conditions of her Imperial Passport, under which alone she could carry on the Slave-trade; and second, under the pretext of requiring water, she went to Whydah, where she was engaged in the Slave-trade against the 1st Article of the Treaty, and also of the 2d Article of the Additional Convention thereto; and the Court, therefore, adjudged the said Vessel condemned, together with her Cargo, tackle, apparel, and furniture, as good and lawful Prize, and as seized and prosecuted by Commodore Bullen, C. B. Commander of His Majesty's Ship Maidstone. H. LUMLEY. No. 58.-His Majesty's Comm". to Mr. Sec1. Canning.—(Rec. July 27.) This Vessel, which sailed from Bahia on the 12th of November 1826, was detained, on the 14th of March 1827, at anchor off Judo, in Latitude 5. 19. North of the Equator, with part of her Cargo landed, but with no Slaves on board, by His Majesty's Ship Maidstone, Com modore Bullen, C. B. Commander, and arrived here on the 9th of April 1827. The Passport granted to this Vessel was irregular, as giving her leave to touch at the Coast of Guinea, St. Thomas and Princes Islands, and, together with the Evidence confirmatory of her being engaged in the Slave-trade to the Northward of the Line, rendered her, in the opinion of the Court, liable to confiscation under the Treaty and Convention between Great Britain and Portugal. For the minute particulars of this Case, we most respectfully beg leave to refer you, Sir, to the Report we have enclosed, and which we have very attentively drawn up. We have the honour to be, &c. The Right Hon. George Canning. H. LUMLEY. (Enclosure.)-Report of the Case of the Brazilian Schooner Tenterdora, Innocencio dos Santos Lopes, Master. THIS Vessel, of the burthen of 2074 tons, left Bahia, on the 12th of November, 1826, furnished with the usual Papers, and Imperial Passport, No. 41, dated the day preceding, authorizing her to take 518 Slaves from Molembo, and irregularly allowing her to touch at the Coast of Guinea, St. Thomas and Princes Islands, with the usual and regular prohibition, making it obligatory upon her "to enter solely such Ports on the Coast of Africa where the Slave-trade is permitted to the Subjects of the Empire," and, on the 14th of March, was detained at anchor off Judo, in Latitude 5. 19. North, with part of her Cargo landed, but with no Slaves on board (and having been twice boarded off Badagry, within a few miles of Judo, that is to say, on the 13th of January, and 25th of February preceding, as appears by Indorsements on her Passport, by His Majesty's Ship, North Star) by His Majesty's Ship Maidstone, Commodore Bullen, C. B. Commander, who states in his Declaration, as the reasons for detaining her, his " finding her at anchor off Ajuda, a noted Slave-haunt, in Latitude 5. 19. North, with part of her Cargo landed, in traffick for Slaves, as also having been repeatedly boarded by the British Squadron employed on this Coast for the Suppression of the Slave-trade, constantly from the 13th of January 1827, at this Anchorage and to Windward, in direct opposition to the true intent and meaning of the 2d Article of the Additional Convention signed at London on the 28th of July 1817, as also of the one to which it refers, No. 1. of the Treaty signed at Vienna on the 22d of January 1815, as also in direct contradiction of the said Imperial Passport, No. 41, and by virtue of the late Correspondence on this particular subject with the Brazilian Government." On the 9th of April 1827, the Vessel arrived in this Harbour, and, on the following day, the Papers found on board her were brought into Court, with the usual Affidavit of the Officer in charge of the Vessel, |