in question for which purpose his Lordship proposes to despatch a small Vessel of War to Fernando Po, in order to prepare a suitable residence in that Island for the reception of the several Members of the Courts of Mixed Commission, and of the Slaves who shall be brought there for Adjudication, as well as Barracks for the accommodation of such Troops as may be necessary to protect the Establishment from the incursion of the Natives; and I am further desired to enclose, for Mr. Secretary Canning's information, a Copy of the Instructions, which, by command of His Majesty, his Lordship proposes to address to the Lords Commissioners of the Admiralty upon this subject. Joseph Planta, jun. Esq. I am, &c. R. W. HAY. (Sub-Enclosure.)-Earl Bathurst to the Lords Commissioners of the Admiralty. MY LORDS, Downing Street, 19th January, 1827. I AM to signify to your Lordships the King's pleasure that you select a Naval Officer of experience and discretion to proceed in a Vessel of War to Fernando Po, in order to take measures for preparing a suitable residence in that Island for the reception of the Courts of Mixed Commission, which are now established at Sierra Leone, under the provisions of the Treaties with Portugal, Spain, and the Netherlands. As the formation of this Establishment will be placed under the authority of the Governor of Sierra Leone, your Lordships will direct the Naval Officer, whom you may select for this service, to proceed in the first instance to that Colony, for the purpose of conferring with him upon the subject of the arrangements to be adopted for the execution of his Mission, in furtherance of which the Governor will be instructed to detach a Black Company of the Royal African Corps, together with an adequate number of artificers and labourers, as well as to lend every assistance which he may have it in his power to grant in building-materials and stores of every description, for the reception of which it will be necessary that a Transport should accompany the Vessel of War. Upon arriving at Fernando Po, the Naval Officer will proceed to select the situation which he shall find best adapted for the proposed Establishment, taking care to fix upon the place which shall appear to unite the greatest advantages in point of salubrity, and where the Vessels brought for Adjudication, and His Majesty's Cruizers employed in this Service, may most conveniently and safely resort. And if the ground, which shall be finally selected for the purpose, should be in the occupation of any of the Native Inhabitants of the Island, their convenience must, as far as possible, be consulted in obtaining it, as it is His Majesty's special Command, that the Natives be treated with The utmost forbearance and kindness upon all occasions in which their interests, as Owners of the soil, shall appear to be involved, in the arrangements to be made for this Establishment. But you will strictly enjoin the Naval Officer not to enter into any Treaty or political Engagement whatever with those who may be in the exercise of any Official Authority in the Island. Your Lordships will further direct the Naval Officer to take the earliest opportunity which shall offer, after his arrival at Fernando Po, for transmitting home a Report of the assistance which he may have received on the Western Coast of Africa, for laying the foundation of the Establishment, and of what further means will be required by him for completing the service entrusted to him. He must also be directed to report to the Governor of Sierra Leone, whenever an opportunity may be afforded, the progress which he is making in the proposed undertaking, and he will be appointed Superintendent of this EstablishI am, &c. The Lords Commissioners of the Admiralty. ment. BATHURST. No. 6-Joseph Reffell, Esq. to Mr. Sec". Canning-(Rec. March 9.) SIR, Sierra Leone, 1st January, 1827. HAVING this day been sworn into the Office of Acting Chief Justice, and in right of which I have succeeded to the Situation of Commissioner of Arbitration, ad interim, in the Courts of Mixed Commission established here, vacant by the much-lamented Death of Mr. Hamilton; and His Excellency Sir Neil Campbell being too ill to attend to any business, I deem it my duty to inform you, that the melancholy event alluded to occurred on the night of the 28th ultimo, after many weeks suffering from the consequences of long residence in this Climate. Mr. Hamilton's loss to the Service, which he had, up to the period of his illness, been actively engaged in, is generally felt throughout the Colony, and particularly so by the remaining Members of the Mixed Commission. I have the honour to be, &c. The Right Hon. George Canning. J. REFFELL. No. 7.-His Majesty's Commissioners to Mr.Sec. Canning.-(Rec.Mar. 9.) The number of Cases adjudicated under the British and Portuguese Commission was 8; 3 of which were Cases of Restitution, and the remaining 5 were Cases of Condemnation; and the number of Slaves emancipated was 1238. The number of Cases adjudicated under the British and Spanish Commission was 6, which were all deemed to be Cases for Condemnation. The number of Slaves emancipated was 961. The number of Cases adjudicated under the British and Netherland Mixed Court of Justice was 6; all Cases of Condemnation; and the number of Slaves emancipated was 368. We beg leave to enclose a List of Cases adjudicated under the Mixed Commissions to this date. You will perceive, Sir, that the number of Cases adjudged during the past Year was 20; the number of Slaves emancipated was 2,567; that the total number of Cases adjudged since the establishment of the Mixed Commission is 82; and the total number of Slaves emancipated, up to the close of the Year 1826, is 9,326. We have the honour to be, &c. The Right Hon. George Canning. N. CAMPBELL. (Enclosure 1.)—Abstract of Proceedings under the British and Portuguese Mixed Commission at Sierra Leone, from the 1st of January, 1826 to the 1st of January, 1827. (No. 1.) THE Brazilian Brig Paqueta de Bahia, Bento Francisco de Carvalho, Master, arrived at Sierra Leone on the 23d of December, 1825, with 385 Slaves on board, captured in Latitude 5. 15. North, and Longitude 0.30. East, by His Majesty's Brig Swinger, acting Lieutenant J. C. Giles, Commander. The illicit Traffick in Slaves having been clearly proved, and no Claim made, this Vessel was condemned, and her Slaves decreed to be emancipated on the 10th of January 1826. (No. 2.) The Brazilian Brigantine Sam Joao Segunda Rosalia, Amara Joze da Silva, Master, was captured by His Majesty's Ship, Atholl, Captain J. A. Murray, in Latitude 3. 31. North, and Longitude, 0.54. East, sailing under Brazilian Colours, with 258 Slaves on board. This Vessel arrived at Sierra Leone after an unusually protracted passage of 65 days; 72 of the Slaves having died on the passage, principally from starvation; the remaining number, 186, were landed the same day by permission of the Commissioners, and afterwards, on the Condemnation of the Vessel, emancipated by their Decree. It appears that this Vessel cleared from Bahia for Molembo, on a Trading-voyage for Slaves; and the Mate, Super-Cargo, and Boatswain, in their examinations before the Court, attempt to prove that the Slaves were all taken on board at Molembo, in Latitude 5. 30. South. This statement is fully contradicted by 6 of the Slaves, who depose very clearly, that they were shipped at Lagos, situate between Badagry and Benin. The Court, therefore, condemned the Brigantine on the 21st of March, as lawful prize to His Majesty's Ship Atholl. (No. 3.)-The Brazilian Brig Activo was captured on the 1st of February, 1826, by His Majesty's Ship Atholl, Captain James Arthur Murray, in Latitude 4. 24. South, and Longitude 9.37. West, with 166. Slaves on board, and arrived here on the 17th of the same month with: 164 living Slaves. By her Royal Passport, a Voyage from Pernambuco to Molembo, calling at Bahia, on her return to the Port of her clearance, was authorized. From the evidence adduced before the Court, it was clearly proved that the Slaves had been shipped at Badagry to the North of the Line, in defiance of the Convention between Great Britain and Portugal of the 28th of July, 1817. And it would have been the duty of the Commissioners to have passed Sentence of Condemnation upon the Vessel and Slaves, did not the 4th Article of the Instructions for the Ships of War, interpose itself to prevent their coming to that decision, which Article states that "no Portuguese Merchantman shall, on any pretence whatever, be detained to the South of the Equator, unless ehase shall have commenced to the Northward." The Court, therefore, decreed the restoration to the Claimant of the Vessel and Slaves, with costs, damages, and expences, the amount whereof to be referred to the Registrar. On the 26th of May, the Registrar reported it to be his opinion, that the Claimant was entitled to £55 for costs of suit, £256 2s. 8d. for special damages and expences, £9,983 15s. for the total loss of 166 Slaves, £654 for demurrage, and £150 for 5 per Cent. on the total amount of capital employed, making together the sum of £11,098 17s. 8d. Whereupon the Commissioners absolutely and unconditionally confirmed those sums allowed by the Registrar in his Report for costs of suit and special damages and expences, occasioned to the Brig by detention, and confirmed the remainder conditionally, that is, only in the event of the British and Brazilian Governments agreeing and declaring the same ought to be confirmed, according to the true intent and meaning of the Convention between Great Britain and Portugal. (No. 4.) The Brazilian Sloop Esperanza, Joao Baptiste Lopes, Master, was detained by His Majesty's Ship Esk, William Jardine Purchas, Esq. Commander, in the River Benin, in Latitude 5. 43. North, and Longitude 5. 25. East, and arrived in this Harbour on the 3d of May 1826. The fact having been clearly proved that the Sloop had taken Slaves on board, whilst lying in the River Benin, and part of them having been intercepted in the attempt to land them, when the Boats of His Majesty's Ship hove in sight; the Court pronounced Sentence of Condemnation againt her, and decreed the emancipation of 4 Slaves so intercepted, on the 8th of June, 1826. (No. 5)-The Brazilian Brigantine Netuno, Joze Claudio Gomes, Master, arrived in the River Sierra Leone on the 5th of May, having been detained by His Majesty's Ship Esk, Captain W. J. Purchas, at anchor, under Brazilian Colours, in the River Benin. The Master declared her to be bound from Benin to Pernamouco. On the appear ance of the Boats of the capturing Ship, several Canoes and Boats put off from the Brigantine with the intention of landing the Slaves, one of which was intercepted, containing 20 Slaves, making, with those on board, 92; it appears that they succeeded in landing 58. On the Case being tried before the Court, no doubts could possibly be entertained of her having been illegally engaged in Slave trade. Sentence of Condemnation was, therefore, pronounced against her, and her remaining Slaves, 84 in number, decreed to be emancipated on the 8th of June 1826. (No. 6.)—The Brazilian Brig Perpetuo Defensor was seized by His Majesty's Ship Maidstone, Commodore Bullen, on the 18th of April, off the Island of Anna Bona, and arrived here on the 23d of May, when she was put under quarantine, in consequence of having several cases of small pox on board; the Colonial Government ordered, from humane motives, that the healthy Slaves should be separated from the sick, the former to be put on board a Government Vessel, then lying unemployed in the Harbour. On the return of the Acting Governor (Mr. Macauly) from the Gambia, these Slaves were ordered by him to be landed, and given over to the Colonial Authorities. The remaining Slaves on board the Perpetuo Defensor, becoming discontented at being detained on board, whilst their companions in slavery had been suffered at large on shore, manifested such strong symptoms of insub-ordination, as to induce the Proctor for the Claimant to land them, having no means of controul over them, coercion having been strictly forbidden by the Acting Governor. They were received by the Colonial Authorities. The Royal Passport states her to have cleared from Rio de Janeiro to Bahia, and from thence to Cabinda, on the Western Coast of Africa, under an obligation to enter solely such Ports where the Slave-trade is permitted to the Subjects of the Empire. In defiance of which, proof is adduced that her Slaves were taken on board at Badagry in 6, 18, North Latitude. But as Claimant proved that the Perpetuo Defensor was taken to the South of the Equator, without the chase having commenced to the Northward, the Court admitted the Claim of the Master for costs, damages, and expenses, and referred it to the Registrar to ascertain the amount thereof. The Registrar's amended Report was brought in on the 28th of September, when the Court confirmed unconditionally, the sum of E79 for special costs, damages, and expences; £12210s. for provisioning the Slaves from the 29th of June to the 6th of July; and, on its being proved that the Perpetuo Defensor would be unable to proceed to sea, unless the Master could raise a further sum of £150, by the Court giving a further additional award, the Commissioners did, therefore, award, unconditionally, a further sum of £150 in part of the demurrage |