saw one bag, containing cowries, received on board the said Schooner, from some Person or Persons on shore, and that the same is now on board the said Schooner." And they both depose, that "during the Passage from Accra to this Colony, the said Vessel was perfectly sound, and in the same state and condition as she is now in this Harbour of Freetown." And in answer to that part of the Deposition relative to the cowries, the Proctor for the Claimant, on the 4th of May, filed an Affidavit of the Boatswain, in which he states, "that while the Vessel lay in Accra Roads, he having some coral belonging to himself, did purchase therewith from a Coloured Man, who resided in the English Fort of Accra, a quantity of cowries, which he brought on board the said Schooner, and that neither the Master, nor any other Person save himself, has any right, title, or interest in the same."

The Proctors for the Parties having no further proof to offer on either side, the Court proceeded to consider how far the necessity of her coming to the Northward of the Line, under the alleged excuse of her having sprung a leak was borne out in the Evidence, and Papers filed, upon the truth of which, the Court would be bound to decide upon the legality or illegality of the Capture.

The Master, in his Log, stated, that, on the 5th day of his departure, being then in Latitude 10. 29. South, Longitude 32. 53. West, having made, as appeared by the said Log, a North-East course from Bahia, and run a distance therefrom of 400 miles, and being then about 200 miles only from the Rio Algoa, near Cape St. Augustin, on the Coast of Brazil, between Bahia and Pernambuco, he " calculates the Vessel to make 12 inches per hour," the wind, at this time being E.S.E., which would, had he been so disposed, have allowed him to lay his course back to Bahia, with the wind free, and which he could have reached in 3 days, according to the rate of the Vessel's sailing, as she was, the day that entry was made, going 6 and 7 knots per hour upon a wind, and she could, of course, have fetched into Rio Algoa in half the time; but, notwithstanding the perilous state of the Vessel at that time, he still kept on the same course, going to the North-East, until the 12th day of the Voyage, when, being in Latitude 1. 34. South, Longitude 25. West, he entered a remark, " that she is making 20 inches of water in some hours," thus shewing clearly, that the leak, if there was any, was diminishing: on the 20th day of his departure from Bahia, having crossed the Line between the 14th and 15th days, still going to the North-East, and being then in Latitude 3. 2. North, and Longitude 8. 9. West, which is opposite to Cape Palmas, and only 90 miles due South from it, he entered a Protest, in which he says, all combine with him, "being obliged to bear up for the nearest Port to stop the leak," which Protest the Boatswain swore was entered after the Land was made, and both him and the Master agree, that that Land was Cape Appolonia, and, as appeared by the Log, it was on the 24th

day of the Voyage, and not on the 20th, it must be evident that the entry is fraudulent; from this Point, however, he steered more Easterly, thereby running down the Coast until the 25th day of the Voyage, when, being in Latitude 5. 46. North, and 0.10. 14. East Longitude, the Log ends, having run down a Line of Coast of upwards of 400 miles, and passed the principal Ports on the Gold Coast of St. George d'Elmina, and Cape Coast Castle, without attempting to go into either of them to repair the leak he mentions, thereby clearly defeating the object he had in view when he entered his Protest, or he would assuredly have gone into one of those Ports, rather than run 100 miles past them down the Coast, in the dangerous state he would wish the Court to believe his Vessel was in, and most plainly invalidated that part of his Examination, in which he also stated, he bore up for the nearest Port, and produced this Log as a corroborative proof of his Deposition. It was also noticed, that 5. 46. North, would place bis Vessel 20 miles inland, in the Longitude he says he was in; and that the greatest suspicion was attached to the Log, as the aforesaid remarks, regarding the leak, and his being obliged to bear up, are all written in a totally different coloured ink from the other entries in the same day's work, and there could be no doubt but the entries were made, after it was discontinued, and that they are fictitious, and for the purpose of endeavouring to cloak the clandestine purpose in view; and this appeared the more striking as, between the intervals of the aforesaid entries in the Log, no mention whatever was made of the leak, and certainly such an important matter, had it really been the fact, would it must be supposed, have been noticed daily; added to which, the Log of the Pilot which was filed with the other Papers, when the Case was first brought into Court, and which, according to the Master's own shewing, must be true, as he swore that "all the Papers, Bills of Lading, and other Writings, which were found on board, are entirely true and fair," made no mention whatever of any such circumstance, but proved, beyond all doubt, the Voyage, up to the day the Log ceased, to have been most successful; and proved also, from the course steered being constantly North-East, and afterwards, when the Coast was nearly made, to East-North-East, and East, that the intention of coming to the Northward of the Equator was premeditated from the moment of her leaving Bahia. But with the view to elicit the important point of the alleged leak more clearly, and considering that the Affidavit filed by the Officers in charge of her, (Messrs. Wilson and Davis) ought to be supported by further proof of the matter, and which proof could only be obtained by issuing a Commission of Survey upon her, the Court ordered such Commission to be issued to William Cole, the Surveyor of the Court, Nathaniel Thompson, Harbour-Master, and James Fulbister, Master of the Schooner Thomas, all experienced Seamen, dated the 28th of April, directing them to

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"survey, inspect, and view the said Schooner Independencia, to reduce the same into a true, perfect, and particular Report in writing, and transmit a Certificate by them subscribed, how far the said Schooner had been repaired, or otherwise." And on the 30th of the same month, they returned the Commission into Court, together with their Report; and they therein stated "that in pursuance of a Commission of Survey to them directed, dated the 28th of this instant month of April, they went on board and alongside the Schooner Independencia," lying at anchor in the Harbour of Freetown in this Colony, and carefully and minutely surveyed and examined the same, and do report as follows; "she is a Schooner of 130 tons or thereabouts, appears to be 12 months old, the seams between the plank, outside the fore part of the Vessel, and up and down the stem, above the copper, are hard and firm, and the copper has no appearance of being removed since it was first put on her bottom; we could not observe any new caulking round the bows, or in the seams up and down the stem, or the least appearance of any recent repairs whatever to any part of the Vessel: and we do declare that we have taken this survey so minutely, impartially, and correctly, that we are ready to make oath to the same, if so required."

Here then was a clear corroborative proof of the truth and correctness of the Log of the Pilot, and that the entries of the alleged Leak in the Log of the Master, were totally false and fraudulent, as was also his Evidence and that of the Boatswain on this point; the latter of whom stated "the leak was found in the forechains below the edge of the water by the copper; their further Evidence, that the Schooner was only 8 or 9 days at Accra, was also contradicted by the Log of the Pilot, and the Declaration of the Captor, she having anchored at Accra on the 15th, and was captured on the 28th of February, making a period of 14 days. Why this fact was suppressed could have only been for the purpose of endeavouring to mislead the judgment of the Court, because they could not satisfactorily explain why she remained there so long.

Another very suspicious circumstance was the Deposition of both the Master and Boatswain, that no bag or bags of merchandize had been received on board at Accra, and yet, in answer to the Affidavit of Messrs. Wilson and Davis, "that bags of cowries had been received there, and were now on board," the Boatswain came forward with an Affidavit, and swore "that he had bartered for the said cowries, with a Person belonging to the English Fort at Accra, for coral;" here was a contradiction openly avowed, which fact alone was sufficient to induce the Court, were there no other, to look very suspiciously upon the whole of the Evidence adduced by him, and although it had not the means of ascertaining whether cowries were an article of trade at Molembo, yet it had great doubts upon the subject, and was inclined, from the knowledge it possessed, that they form a very considerable article in

trading for Slaves at Popo, Whydah, Badagry, and Lagos, to believe that they were exchanged for the purpose of purchasing Slaves at some of those Places, and remarked, that whenever the Boatswain had an opportunity, the transactions which took place at Accra, were stated by him to have taken place with Persons connected with the English Fort, which was, doubtless, to give a fair colouring to the legality of the Voyage, in which, it was endeavoured to be proved, she was engaged; but admitting that it had been so, that circumstance would not have diminished the illegality of it, and it was also impossible to maintain satisfactorily, that the Vessel was only within gun-shot of the British Fort, which the Master in his Affidavit swore to, as it was a fact that a Vessel lying in the Roads of Accra was equally within gun-shot of the Dutch and British Forts, they being situated only 500 yards from each other, and the anchorage being equidistant from each Fort, therefore impossible to say to a certainty in which she was, and which had in this Case been made a pretext for claiming her restitution.

It is provided for by the Treaties that, "with regard to all Slaveships detained to the North of the Equator, the proof of the legality of the Voyage is to be furnished by the Vessel so detained ;" and in this Case, as had been clearly shewn, the Master had failed in every endeavour to establish the fact, and as it was fully proved to the satisfaction of the Court, that no necessity ever existed for his coming to the Northward of the Line, it could only presume that he came there fraudulently, and with an intention of carrying on an illegal Traffick in Slaves, contrary to the provisions of the Treaty and Convention, as also of her Imperial Passport, marked No. 1, dated Bahia the 19th of January, 1827, which made it obligatory on him "solely to enter such Ports on the Coast of Africa where the Slave-trade is permitted to the Subjects of the Empire of Brazil," and, therefore, the Court condemned the said Schooner Independencia, her tackle, apparel, and furniture, and the goods, wares, and merchandize, laden therein, as good and lawful Prize, and as taken in such illicit Traffick by His Majesty's Brig of War Conflict, Lieutenant Arthur Wakefield, Commander.

H. LUMLEY. WM. SMITH.

No.65.-His Majesty's Comm". to Mr.Sec. Canning.-(Rec. July 27.) SIR, Sierre Leone, 17th May, 1827. We have the honour to enclose for your information, the Report of the Case of the Brazilian Brigantine Conceição de Marie, which Vessel was captured off Whydah, in Latitude 6. 10. North, Longitude 2. 5. East, by His Majesty's Ship North Star, Septimius Arabin, Esq. Commander, having on board 232 Slaves which had only been shipped from that Place 2 hours previous to Capture.

There being no Claimant in this Case, and the illicit Traffick in

Slaves being fully proved, Sentence of Condemnation of the Vessel, and Emancipation of the surviving Slaves, 198 in number, was passed on the 15th May, 1827.

We cannot omit this opportunity of again bringing before your notice, Sir, the important fact, that this Vessel, although authorized by her Imperial Passport, No. 16, dated Bahia, the 1st of July, 1826, to enter solely such Ports, on the Coast of Africa, where the Slave-trade is permitted to the Subjects of the Empire of Brazil, sailed direct from Bahia to the Northward of the Equator, touching at Commenda to procure a Canoe to carry on her nefarious traffick, on her way to Ajuda (Whydah)where she procured her Cargo of Slaves from the notorious Chachah (otherwise De Souza, whose name has been so often before the Courts of Mixed Commission, as the most active Trader in Human Beings on this Coast) and at which Place she was boarded no less than 8 successive times during the period she was collecting her unfortunate cargo of victims, and at each time in a more forward state to receive them; but which, as the late Orders from His Majesty's Government respecting Vessels so circumstanced, had not been at the time received by the Squadron, they were compelled to allow her to continue unmolested, although there was every moral certainty that she was illicitly engaged; thus clearly establishing the clandestine objects, Vessels, licenced for the Traffick in Slaves, where it is still permitted, have in view in coming to the Northward of the Equator, but which, we have the satisfaction of knowing by a private Communication from that indefatigable Officer, Commodore Bullen, will be most effectually suppressed by the late decisions on this point; and which will, at last, we hope yield to North-Western Africa some of the blessings attendant upon the suppression of Slavery, with which it has been too long and lamentably afflicted. We have, &c.

The Right Hon. George Canning.

H. LUMLEY.
WM. SMITH.

(Enclosure.)-Report of the Case of the Brazilian Brigantine Conceição de Marie, Joao Pinto de Souza, Master.

THIS Vessel, commanded by Joao Pinto de Souza, and owned by Vincente Ferrara Milles, both Subjects of the Empire of Brazil, was fitted out at Bahia and sailed therefrom in the beginning of July, 1826, furnished with an Imperial Passport, No. 16, dated 1st of July 1826, anthorising her to take any number of Slaves, not exceeding 279, from the Port of Molembo, and being under an obligation 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 4th day of March, 1827, she was captured off Whydah Roads, in Latitude 6. 10. North, Longitude 2. 5. East, of Greenwich, by His Majesty's Ship North Star, Septimius Arabin, Esq. Commander, having on board 232 Slaves,