(Enclosure).—Return of Spanish Vessels adjudicated by the British and Spanish Court of Mixed Commission, established at Sierra Leone, from the 1st day of January, 1827, to the 1st day of July, 1827.

MEMO. On the 16th day of March, 1827, 23 Slaves, which were laden on board The Netherland Brigantine De Snelheid, but not emancipated at the time of the Condemnation of that Vessel, as the Court was of opinion that they were laden and owned by the Spanish Subjects, found in possession of her at the time of Capture, were brought before the Commission and emancipated. W. SMITH.

No. 46. His Majesty's Comm". to the Earl of Dudley.-(Rec. Dec. 10.)
MY LORD,
Sierra Leone, 28th September, 1827.

IN the month of October, 1825, the Boats of His Majesty's Ship Redwing, were despatched by Captain Clavering, to examine the River of Old Calabar, in search of Vessels engaged in the illicit Traffick in Slaves. On proceeding up that River, two Vessels having Spanish Colours flying were observed coming down, each with a cargo of Slaves on board. Chase was given to the nearest Vessel, which, when the Boats got within range, opened her fire upon them,—she was, notwithstanding, boarded and captured, and proved to be the Spanish Schooner Teresa, which was unfortunately upset in a violent Tornado some days after her capture, and, out of 199 Slaves on board, only 6 were saved. Her consort (a Brigantine) observing her fate, made no attempt at resistance, and the whole of her Crew, panick struck, abandoned her and escaped in her Boats to the shore, taking with them all her Ship's Papers.

Lieutenant Card, the then First Lieutenant of the Redwing, and in Command of the Boats, on taking possession of her, found on board 273 Slaves, and only 5 Papers, written in the Spanish language, dated so far back as 1816, but not in the least connected with the Vessel to identify her as Spanish property, or even her name. The Master and Crew of the Teresa informed Captain Clavering, that she was a Spanish

Vessel, called the Isabella. She was despatched here for adjudication, but unfortunately never arrived, and is strongly suspected to be the same Brigantine, which was captured by some Piratical Vessel of the same Nation, and carried to Cuba, which Admiral Halsted demanded to be restored by the Governor of that Island; which supposition is strengthened by the subsequent Deposition of the Master of the Brazilian Ship Invincival, which was forwarded to Mr. Canning.

In consequence of the uncertainty of the fate of this Vessel, no proceedings were had in the Case before the British and Spanish Court of Mixed Commission, other than the filing of the 5 Papers, which had been taken from on board her by Captain Clavering, with the customary Affidavit of Lieutenant Card, on the Redwing's arrival here from that cruize.

The Redwing having been despatched to England in October 1826, with Major Rowan, Commissioner of West African Inquiry, as well as to repair some damage she had sustained on this coast, arrived back on this station in the month of June last, having none of her original Officers on board, excepting Captain Clavering, who, during his stay here, petitioned the Court, through the medium of his Proctor, to allow bis Affidavit of the Seizure of the Isabella to be filed in Evidence, and the usual Monition to issue, calling upon all Parties to appear and defend the Cause, preparatory to her Adjudication. A Copy of his Affidavit we beg to enclose herewith.

In a conference with us, his Proctor was informed that, under the very peculiar circumstances of this Case, we declined entering into the matter (and cited as a precedent the Case of the Spanish Schooner Conchita, which was captured without any Crew on board, and not condemned), but would report them to your Lordship, as the Court could not be wrong in delaying the question, which could, without injury to the Parties concerned, be gone into at a future period, when the opinion of higher authority should be received; whereas, if, in the present stage, the Court were to entertain the matter and pronounce a Sentence, that Sentence could not be reversed. This, however, he declined, stating to the Commissioners that he thought he could produce further proof, upon which the Court would be better able to pronounce Judgment; but having failed in so doing, he has subsequently petitioned us to report the Case as we originally proposed.

In the several Cases of total loss brought before the Mixed Commissions, as in those of the Spanish Schooners Yeanum and Teresa, and the Portuguese Schooner Toninha, the Ship's Papers, proving the Nationality of the Vessel, were filed in Court, and evidence of part of the Crew produced to substantiate the fact of the illicit Traffick in which they were taken. Neither of these important points are produced in this Case..

In the Case of the Conchita, reported to Mr. Canning, February

23, 1824, which Vessel had been abandoned by her Crew, prior to Capture by His Majesty's Ship Owen Glendower, the then Commissary Judge (Mr. Edward Gregory) had serious doubts" whether it would be consistent with justice that the Captors should be Prosecutors and Witnesses in the same Case, and could not think that in such a Case he was imperatively bound to give a Decision. Certainly he could not conscientiously pronounce one for the Condemnation of the Vessel. He, therefore, thought that the Decision of the Case had better be postponed until proper and sufficient evidence should be produced."

In the latter part of this opinion the then Commissioner of Arbitration (Mr. Hamilton) agreed, and the Court accordingly determined that the Case should be postponed. The Conchita, then lying in the harbour, was, however, ordered to be sold, since which no further proceedings have been had in that Case, from the inability, as we presume, of the Captors to produce the proof required. The analogy of the two Cases, on this particular point being so exceedingly strong, together with the want of Evidence and Ship's Papers, we conceive we should have acted very precipitately, had we allowed this very novel Case to go to trial on the Affidavit of the Captor, without first representing the facts to your Lordship.

We, therefore, most respectfully submit to your Lordship's consideration, whether we can receive the Prosecutor's Affidavit as Evidence in this Case, and if the Isabella's having Spanish Colours flying at the time of her Capture, and the 5 Papers, written in the Spanish language, found on board of her, are sufficient to warrant our considering her Spanish Property, and whether, under those circumstances, we should be justified in decreeing that she was, at the period of Capture, subject and liable to confiscation, for being engaged in the illicit Traffick in Slaves. We have the honour to be, &c.

The Right Hon. Viscount Dudley.

H. LUMLEY.

WM. SMITH.

(Enclosure.)-Affidavit of Captain Clavering.

In the Case of the Schooner Isabella.

PERSONALLY appeared Douglas C. Clavering, Esq. Captain of His Majesty's Sloop of War Redwing, who, being duly sworn, maketh oath and saith, that being in command of His Majesty's said Sloop, and being a Person duly and legally authorised to make Seizures of Vessels, illegally engaged in the Slave-trade, under the Treaty between His Britannick Majesty and His Catholick Majesty for the Abolition of the Slave-trade, did, on the 6th of October 1825, in the River Old Calabar, on the Coast of Africa, seize and detain the Brigantine Schooner called the Isabella, sailing under Spanish Colours, and having on board 273 Slaves; and this Deponent further saith, that the said Schooner, called the Isabella, was on the day of seizure aforesaid, sailing down the

River Old Calabar, in company with the Schooner Teresa, also under Spanish Colours, and already before this Court; and that, on the Boats of His Majesty's said Ship of War Redwing taking possession of the said Schooner Teresa after considerable firing and resistance, the Crew of the said Brigantine Schooner Isabella deserted her and ran away in their Boats, taking with them, as this Deponent has reason to believe, the Papers of the said Vessel Isabella, none having been found on board thereof, but the Letters already sworn to by Lieutenant Card, of His Majesty's said Ship of War Redwing, and filed in this Honourable Court; and this Deponent further saith, that having taken 45 Slaves from the said Vessel Isabella, in order to afford more room and accommodation to the remainder left on board thereof, this Deponent put into her as a Prize Crew, 3 Officers and 12 Men, the same being a full and efficient Crew, and sent her to this Colony, with the usual Declaration of Seizure, in order to be adjudicated in this Honourable Court; and this Deponent further saith, that the said Vessel, and the Slaves on board thereof, have not since arrived, and that it is not through any fault or neglect of the Captors thereof, that the said Brigantine Schooner hath not arrived in this Port; and this Deponent further saith, that he verily believes the said Schooner Isabella, and the Slaves on board the same, have been lost or seized by some of the Piratical Vessels frequenting this Coast, and that the said Prize Crew, and Slaves on board, have been murdered or lost, as none of them have ever yet been seen, nor their arrival at any Country heard of; and this Deponent further saith, that, at the seizure of the said Vessel Isabella, the Slaves on board were carefully counted in the presence of the proper Officers, and that the number was 273; and this Deponent lastly saith, that His Majesty's said Ship Redwing having been in England since. the seizure of the said Brigantine Schooner Isabella and Slaves, none of the said Officers are now on board the said Ship, who were present at the numbering and counting of the said 273 Slaves, and, therefore, cannot be produced as Witnesses in this Case.

D. C. CLAVERING, Commander. On the 16th day of June 1827, the said Douglas C. Clavering was duly sworn to the truth of this Affidavit. Before me,

Jos. REFFELL, Registrar.

No. 47.-The Earl of Dudley to His Majesty's Commissioners. GENTLEMEN, Foreign Office, 31st December, 1827. I HAVE received your Despatches up to the 6th of October inclusive. Your Despatch of the 28th September, on the Case of the Brigantine Isabella, which had been captured by His Majesty's Ship Redwing, and was supposed to have been carried into Cuba by a Piratical Vessel, has been referred for the consideration of His Majesty's Advocate General; and in concurrence with the Report of that Officer upon the

subject, I have to instruct you, that it would not be proper that the Mixed Commission should do any act with reference to the Ship, and to the Slaves which were not brought within their Jurisdiction, and with regard to which no regular Evidence was presented to them. But with respect to the 45 Slaves taken on board the Captor's Ship, and brought, it is presumed, to Sierra Leone, The King's Advocate is of opinion, that, as there will be a necessity that the condition of such Persons should be decided, the Court may admit proceedings as to them, on the Papers brought in, and the Affidavit of the Captors, and condemn them to His Majesty, to be dealt with agreeably to the Act of Parliament, in default of any Claim, and on due notice by publick Proclamation according to the practice of the Court. I am, &c. His Majesty's Commissioners.

DUDLEY.

SIERRA LEONE. (Portugal and Brazil.)

No. 48.-J. Reffell, Esq. to Mr. Sec". Canning.-(Rec. Jan. 27, 1827.) SIR, Sierra Leone, 18th November, 1826. I HAVE the honour to forward herewith, the Report of the Case of the Brazilian Ship Sam Benedicto, Joao Sabino, Master, captured on the 11th of June 1826, in Latitude 6. 12. North, and Longitude 1. 38. East, by His Majesty's Ship Brazen, George Wickens Willes, Esq. Captain, and sent in here for adjudication, where she arrived on the 10th of July last.

From the proofs and evidence adduced in this Case, it appears that Captain Willes detained the Sam Benedicto, under the impression that the violation of her Passport was a sufficient ground for seizure and confiscation, and, upon that reading of the Treaty between His Britannick Majesty and His Most Faithful Majesty, for the suppression of the illicit Traffick in Slaves, urged the Condemnation of the Ship and Cargo. The Commissioners, taking for their guidance the 5th, 6th, and 8th Articles of the Additional Convention to the said Treaty of the 22d of January 1815, as well as the 1st Article of the Instructions intended for the British and Portuguese Ships of War employed to prevent the illicit Traffick in Slaves, annexed to the said Additional Convention, did decree the restoration of the said Ship and Cargo, together with such costs, damages, and expenses, as had been incurred in consequence of the aforesaid seizure. But it appearing to the Commissioners that the Sam Benedicto having been taken to the Northward of the Line, in direct violation of her Passport, had led the Captor into error, the Court, therefore, further decreed that she was not entitled to demurrage for the period of her detention, and that the sums only of £22 10s. for costs of suit, and £10 for part of a cable lost by Captors,