and the Monition prayed for and granted, returnable on the 18th of the same Month; permission was further given to the Captor's Proctor to file his Evidence.

The Evidence of the Master on the Standing Interrogatories went to prove, "that Louis Antonio de Passo, was the sole Owner of the Vessel and her Cargo, and that he resided at Bahia, where he, the Master, took the Command of the Vessel in November last, but that neither himself, nor either of the Officers and Mariners on board, had any share or interest in her or the Cargo. The present Voyage commenced at Bahia, and was to have ended there; Bahia was the last clearing Port the Schooner sailed from previous to Capture; she anchored and touched at Judo, on the Coast of Elmina, in 6. 23. North of the Equator, and 2.55. East Longitude, during the Voyage; anchored and touched there to purchase provisions; purchased there some calavances, corn, and palm-oil, the communication taking place between the Schooner and shore by means of the Native Canoes. The Place of Capture was in the Roads of Judo, where the Vessel had been lying about 50 Days; the Merchandize on board, of which he (the Master) is Consignee, was to have been delivered at Molembo in 5.12. Latitude, South of the Equator, for the real account, risk, and benefit of the aforesaid Owner; it consisted of nearly 600 rolls of tobacco, about 4 boxes of cloth, and one pipe of aquadente. No Slaves had been taken on board during the Voyage, bulk was broken at Judo to purchase provisions."

This Evidence is confirmed by a Seaman of the Vessel, examined in the Case, in his Answers to the Standing Interrogatories.

The Answers of the Cook of the Vessel (the other Witness in this Case) to the 8th, 14th and 21st Standing Interrogatories, were "that the Vessel was obliged to put into Judo to purchase provisions and water for the use of the Schooner's Crew, and the Slaves to be purchased at Molembo, but that the Cargo is all now on board, as when first shipped at Bahia, no bulk having been broken."

From the Log it appeared, that this Vessel first made the Coast at Cape Palmas on the 10th of December, and that, after anchoring at different Places between there and Judo, which latter Port she made on the 20th of December, from which last date to the time of Capture, the 14th of March, a period of 84 days, she was constantly hovering, sometimes at anchor at Judo, and sometimes under weigh, passing between there and Badagry, (Places in sight of each other.)

On the 19th of April, a Petition of the Master was received, stating that, having unsuccessfully applied to the several Proctors of the Court to defend his case, he was now obliged to come forward in person to do so, and praying that his Claim, on behalf of the aforesaid Owner of the Vessel and her Cargo, might be received, which was granted.

The Affidavit in support of it, after stating that the Vessel was cap

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tured in the prosecution of her Voyage from Brazil to the Coast of Africa, sets forth, " that no Slave or Slaves had been shipped or put on board during the Voyage, and that the said Schooner was specially permitted to be North of the Equator, where she was found when taken."

The principal points of the Evidence which occupied the consideration of the Court in this Case were, first: the irregularity of the Imperial Passport in allowing the Vessel to touch at the Coast of Guinea, St. Thomas, and Princes Islands. The form of Passport, which Document is an integral part of the Additional Convention of the 28th of July 1817, is therein prescribed, and the Court was of opinion, in order for it to be a security for Vessels engaged in the Slave-trade, that form must be adhered to; there is no authority given, either by the Treaty or subsequent Convention, to the Authorities in the Brazils, to insert permission for the Vessels, to whom these Passports are granted, to touch at any Place to the Northward of the Line; the Passport, on the contrary, is expressly obligatory on the Vessel" to enter solely such Ports on the Coast of Africa, where the Slave-trade is permitted to the Subjects of the Empire."-This prohibition in the body of the Vessel's Passport, is also in direct contradiction to the leave irregularly given her to touch at the Coast of Guinea, and the Islands of St. Thomas and Princes, a permission which, in reference to the Additional Convention itself, and also the Correspondence which has passed on this particular subject, of irregularly licensing Vessels in the Slave-trade, by giving them permission to touch at Ports to the Northward of the Line, the Court considered to be illegal, and subjecting the Vessel to the consequences of Condemnation, under the Additional Convention to the Treaty of 1815.

The second consideration in this Case was, the reasons assigned for this Vessel's making Judo, and the object of her remaining there, for the length of time, it appeared from the Evidence, she did.

The Evidence on the Standing Interrogatories, goes to prove "that this Vessel anchored and touched at Judo, on the Coast of Elmina, to purchase provisions and water, and that some calavances, corn, and palm-oil were purchased there, and that bulk was broken to pay for the same." The necessity, therefore, for procuring provisions and water, is the only reason assigned in this Case for the Vessel's anchoring and touching at that Port: this excuse, so invariably set up on the part of the Masters of Slave-vessels, as their reason for making this noted Slave-haunt, and others in its immediate neighbourhood, is too palpably false to admit of any serious consideration; the fact of this Vessel leaving the Brazils on the 12th of November, and making the Coast after a fine passage, as she did, on the 10th of December, as appears by her Log, thus only making a Voyage of 29 days, renders it impossible that she could have either required provisions or water, unless she left the Brazils in an unfit state for the passage, in order to give

the Master an opportunity of going to some Slave-Port to the Northward of the Line, under the pretext of obtaining those supplies: supplies which, however, if actually required, the Master would have had no difficulty in procuring at any of the different Places he anchored at on the Coast, during the 10 days the Vessel was passing between Cape Palmas and Judo: if a doubt, however, could exist as to the object of this Vessel's going to the noted Slave Port of Judo, under the pretext she did, the circumstance of her remaining there, and in the immediate neighbourhood, 84 days, would be conclusive as to her object. The further fact, of a part of the Cargo being landed, is sufficient proof that trade of some kind was being made there, which trade the Court cannot believe to be other than the purchase of Slaves; the few provisions said to be received on board would never have led to the Vessel's detention for nearly 3 Months, at one of the worst anchorages on the Coast, and where communication with the shore was both dangerous and expensive.

The Court met to pronounce Judgment on this Case on the 30th of April, when a written defence was handed in by the Master, the Claimant in the Cause, to exactly the same purport as in the Cases of the Trajano and Carlota, condemned on the same day, with the addition that his Passport, which was legal, authorized him to come to the Northward of the Line. The Court considered this defence in the same light as in the aforesaid previous Cases of the Trajano and Carlota, with the addition, that this permission in the Passport being illegal, no advantage conld be taken of it in the way of excuse for being found at anchor to the Northward of the Line.

With these views of the Case, the Court condemned the Vessel, her Cargo, tackle, apparel, and furniture, as good and lawful Prize to the Two Governments: first, for being irregularly licensed, and thus furnished with a pretext to come to the Northward of the Line, and secondly, for the Vessel having been engaged in the Slave-trade at Judo, in Latitude 5. 13. North of the Equator, against the Provisions of the Treaty, and Additional Convention thereto, between Great Britain and Portugal, and as seized and prosecuted by Commodore Bullen, C. B. Commander of His Majesty's Ship Maidstone.

H. LUMLEY.
JOS. REFFELL.

No. 59.-His Majesty's Comm". to Mr. Sec". Canning.-(Rec. July 27.)
SIR,
Sierra Leone, 5th May, 1827.

WE have the honour to enclose herewith, the Report of the Case of the Brazilian Schooner Carlota, Joze Francisco de Costa, Master, condemned in the British and Portuguese Court of Mixed Commission established here, on the 30th of April, 1827.

The Passport granted to this Vessel, which left Bahia on the 22nd

of December, 1826, was in conformity to the Treaty, giving her no permission to enter any Port to the Northward of the Line; in defiance of which she was found at anchor, on the 14th of March, 1827, off Badagry, in Latitude 6. 12. North of the Equator, with a part of her cargo landed, but with no Slaves on board, by His Majesty's Ship Maidstone, Commodore Bullen, C. B. Commander, by whom she was detained and sent here, where she arrived on the 11th of April, 1827.

The Evidence in this Case clearly established the fact of this Vessel having been engaged in the Slave-trade to the Northward of the Line, for the particulars of which we would most respectfully refer you, Sir, to the Report we have enclosed, and which we trust will be considered satisfactory. We have the honour to be, &c.

The Right Hon. George Canning.

H. LUMLEY.
JOS. REFFELL.

(Enclosure.)-Report of the Case of the Brazilian Schooner, Carlota, Joze Francisco de Costa, Master.

THIS Vessel, of the burthen of 176 tons, sailed from Bahia, on the 22d of December, 1826, furnished with the usual Papers, and an Imperial Passport, No. 50, dated the 18th of December, 1826, permitting her to take from Molembo 440 Slaves, and obligatory on her to "enter solely such Ports on the Coast of Africa, where the Slavetrade is permitted to the Subjects of the Empire," and, on the 14th of March, 1827, was detained at anchor off Badagry, in Latitude 6. 12. North, with a part of her cargo landed, but with no Slaves on board, (and having been previously boarded by a Boat of His Majesty's Ship North Star, off the said anchorage, on the 25th of February preceding, as appears by an indorsement on her Passport) by His Majesty's Ship Maidstone, Commodore Bullen, C. B. Commander, who states in his Declaration, that he detains this Vessel, "finding her at anchor off Badagry, a noted Slave-haunt, in Latitude 6. 12. North, with part of her Cargo landed in traffick for Slaves, as also before boarded by the British Squadron employed on this Coast for the suppression of the Slave-trade, at this anchorage, 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, and also of her said Imperial Passport (No. 50,) and by virtue of the late Correspondence on this particular subject with the Brazilian Government."

On the 11th of April the Vessel arrived here, and on the following day the Ship's Papers, numbered from 1 to 4, were brought into Court, duly authenticated by the Affidavit of the Officer in charge of her, and a Petition of the Captor's Proctor received and granted, praying for leave to file Evidence, and that the usual Monition might

issue, which accordingly went forth on the 14th of April, returnable on the 23d of the same month.

On the 20th of April (the day of taking the Examinations on the Standing Interrogatories) a Petition was received from the Proctor for the Captor, praying that the Log of the Vessel, which had not been filed with the original Papers in the Cause, might be admitted and filed among the Papers, which Petition was granted on the annexed Affidavit, being also filed, of Mr. Samuel Richardson, Mate in His Majesty's Naval Service, and serving on board His Majesty's Ship of War Maidstone, to this effect, "that on the Vessel being detained, he was directed to board her, and demand her Papers, which he did, and that among the Papers received by him there was no Ship's Log or Journal, that he was further ordered to take charge of the said Vessel Carlota, and bring her to this Colony, which has been done, and the Papers which he had received lodged in Court; that he, this Deponent, on consulting with the Proctor for Captor, having been informed, that it was usual to bring the Ship's Log into Court with the other Papers, did, therefore, demand from the Master of the said Vessel Carlota, the Log-Book, which is numbered 5, and that this Deponent did receive the same voluntarily from the said Master, and, since receiving the same, that he has not in any manner altered, added to, or made any subduction from the same."

From the Evidence of the Master on the Standing Interrogatories, it appeared that, "the Owner of the Vessel and the Lader of the Cargo on board, was Jozé Cerqueira Lima, and that Juan Antonio, of Molembo, was the Consignee of the same; the said Owner of the Vessel and Cargo resides at Bahia, where the Master took possession of the Vessel, on the 22d of December, 1826, and that neither he himself, nor any of the Officers and Mariners on board, had any part, share, or interest in the Vessel or her Lading. 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. The first land made on the Coast of Africa was Cape Lahon, but the Vessel did not anchor or touch there; she then went to Accra, and anchored there one night, and from Accra she went to and anchored at Badagry. The reason she anchored at Accra was because it was night, he himself went on shore there in a Canoe, and returned directly; she went to and anchored at Badagry, where she was captured, to procure fresh water and provisions; does not know how many days she was at anchor there, because, after the Vessel made Cape Lahon, the Log was discontinued. The Cargo consists of roll tobacco, a little cloth, some aquadente and powder; the same was to have been delivered at Molembo for the real account, risk, and benefit of the aforesaid Owner, but that bulk was broken at Badagry to purchase provisions."

This Evidence is borne out by the other Witness in the Case (the