same might be amended by inserting the true number of Slaves, according to the number proved to have been on board by the Affidavits filed with the said Petition;" which was granted.

On the 19th of September, Mr. Savage, Claimant's Proctor, prayed that certain Persons might be examined as Witnesses on Special Interrogatories, on behalf of the Claimant in support of his Claim, which was granted by the Court, and, on the 20th of September, Lieutenant William Tucker was accordingly examined, who deposed, "that he was in command of the Schooner Hope at the time of the Capture of the Principe de Guiné, Manoel Jozé de Almeida, Master; that he had to chase before capture, and carried on the chase in the Schooner Hope, on board of which was the Boat of His Majesty's Ship Maidstone; that an engagement did take place between the Hope and the captured Vessel, in consequence of the latter (when the Hope was nearing her, but not sufficiently close to be within hail,) tacking, standing across the Hope's bows, and opening a broadside upon her, without shewing any Colours, nor were any shewn during the whole time of the action, of 2 hours and 40 minutes; that British Colours were shewn before, during, and after the engagement; that he is acquainted with the Owner of the Hope: she was condemned by the Mixed Commission in this Colony, and was purchased after Condemnation by Commodore Bullen; that the said Commodore Bullen has, to the best of his belief, authority to sell the Hope, and dispose of her in any way, without waiting for Orders from Government; that he believes the Hope is not rated as a British Vessel of War; that himself and People under his Command are borne on the Books of His Majesty's Ship Maidstone for provisions and pay; that he has received from Commodore Bullen, the Representative of the British Government on the High Seas on the Coast of Africa, Instructions under the British and Portuguese Treaty of the 28th of July 1817, addressed to him as Commander of the Hope."

On the day following (the 21st of September), the Master and two Seamen of the said Brig were examined on the same side. The Master, Manoel J. de Almeida, deposed, "that it was 48 hours after losing sight of land that the Brig was captured; that the capturing Vessel was 29 hours chasing the Brig before she got up to her; that when she was chased by the Schooner, Deponent took the Schooner to be a Pirate. His reason for such opinion was, that there were plenty of Pirates about those Parts, and they made use of the Colours of any Nation; that he saw, by the aid of a telescope, the capturing Vessel loading her guns before she got close up to the Brig; that he fired first at the capturing Vessel, because he took her to be a Pirate; after which the Schooner returned it immediately, and ran her bowsprit over the Brig's quarter, from which the men on board the capturing Vessel boarded and carried her; that no other Vessel was in sight but the one by which the Brig was captured, which is the Hope, commanded by William Tucker;

that 8 persons were killed on the spot, one died of his wounds afterwards, and upwards of 20 were wounded; that since Capture he has not fallen in with nor seen His Britannick Majesty's Ship of War Maidstone."

Jozé da Silva, Seaman of said Brig, deposed, "that it was about 48 hours after losing sight of the land that the Brig was captured. The capturing Vessel was in chase 27 hours before she got up to the Brig; he took the capturing Vessel, during the chase, to be a Pirate; his reason for so doing was, because she was a small Schooner; that he saw the capturing Vessel loading her guns before she got close up to the Brig: she did not hail the Brig; the Brig fired first, because the Schooner was taken to be a Pirate. The action had continued about three hours, when the Schooner ran her bowsprit over the Brig's quarter, and carried her by boarding from it. No other Vessel was in sight than the one that captured the Brig; he does not know the name of the capturing Vessel, nor the name of the Officer who commands her. Eight Persons were killed on the spot; I died of his wounds afterwards, and 20 were wounded, on board the Brig; that he has not seen or fallen in with His Majesty's Ship Maidstone since capture."

Jozé Santos Leal, another Seaman of said Brig, deposed exactly the same as had been sworn to by Jozé da Silva, with the exception that instead of his stating his opinion, that he took the Schooner for a Pirate, because she was a small Schooner, it was because he heard that there were many Pirates in those Parts, and they used the Colours of all Nations.

On the 22d of September following, Mr. Lake prayed the Court to be allowed to examine the Mate of the said Brig on certain Special Interrogatories, in answer to the Evidence of the Claimant, which was allowed; and, on the 25th of the same month, Manoel Jozé Pinheiro, Mate of the said Brig, was examined, who deposed, "that the Brig was boarded at Whydah ou the 2d of August last, by a Schooner under a British Ensign and Pendant, and that an Officer, in English uniform, did go on board and endorse the Brig's Papers; he did not know that the Schooner, which was chasing the Brig, was the same one that boarded her in Whydah Roads on the 2d of August; that he does not know who is the Commander of the capturing Vessel; he is the same Person who boarded and endorsed the Brig's Papers on the 2d of August in Whydah Roads; the Papers of the Brig were delivered up to the Commander of the capturing Vessel. After the action had ceased, the Commander of the capturing Vessel boarded the Principe de Guiné in a Boat; he did not get on board from the bowsprit."

On the 26th of September following, the Case was heard before the Commissioners, when it was strongly contended, on the part of the Claimant, that the Vessel and Slaves ought to be restored; that, according to the 5th Article of the Convention, the visit and detention

of Slave-vessels could only legally be effected by those British or Portuguese Vessels which formed part of the two Royal Navies, and by those only of such Vessels which were provided with the Special Instructions annexed to the said Convention; that it had been clearly proved that the Schooner Hope was not a Vessel of the Royal Navy of Great Britain; and even was it possible she could be so considered, yet it was as clearly proved that she had not the Special Instructions authorizing the visit and detention of Slave-vessels. On the part of the Captor, the Spanish Cases of the Fabiana* and Nicanor were cited and relied on as precedents.

The Court observed, that the stipulations, as to the observance of the Instructions in the 5th Article of the Convention, seemed to imply,. that, though the Government might be answerable for losses occasioned by deviation, it was not intended that the capture should be invalidated by every departure from the Instructions; and as the breaches of the Convention, by Brazilian Vessels carrying on the Slave-trade to the North of the Equator, was now a common and notorious occurrence, even in view of the British Cruizers, who could not molest them while no Slaves were found on board, or could be proved to have been on board; and as the proof of the Slaves having been taken on board to the North of the Equator in this Case, was extremely clear; as well as the proof of the Vessel having been seized in North Latitude, the Court would, therefore, leave the Claimant to apply to the British Government, if he chose, to make good any losses he could prove he had unjustly incurred by any irregularity on the part of the Captor in making the present Seizure. The Commissioners consequently condemned the Vessel as lawful Prize, and decreed the surviving Slaves to be emancipated.

D. M. HAMILTON.

No. 50.-His Majesty's Comm. to J. Planta, Jun. Esq.-(Rec. Mar. 9.)
SIR,
Sierra Leone, 15th January, 1827.

In pursuance of the 75th Clause of the Act passed in the 5th Year of the Reign of His present Majesty, entitled "An Act to amend and consolidate the Laws relating to the Abolition of the Slave-trade;" and in conformity with the Instructions received from Mr. Secretary Canning, we beg leave to enclose, in Duplicate, a Return of all the Cases of Portuguese Vessels which have been adjudicated in the British and Portuguese Court of Mixed Commission established here, from the 1st day of July, 1826, to the 1st day of January, 1827.

Joseph Planta, Jun. Esq.

We have, &c.

N. CAMPBELL.
JOS. REFFELL.

• For the Case of the Fabiana, see Papers presented to Parliament in 1824, 1825. See also Report of His Majesty's Advocate General in this Case. The Report of the Case of the Nicanor was transmitted to England in August, 1826.

(Enclosure.)-Return of Portuguese Vessels Adjudicated by the British an Portuguese Court of Mixed Commission established at Sierra Leone, fro the 1st day of July, 1826, to the 1st day of January, 1827.

N. B. The Proceeds of the Sale of the Sloop Esperanza and Brigantine Netuno, reported the last Return as being in the hands of the Commissioners of Appraisement and Sale, h since been paid into the Military Chest.

No. 51.-His Majesty's Comm", to Mr. See Canning.-(Rec. Apr. 4.)
SIR,
Sierra Leone, 2nd February, 1827.

We have the honour to enclose herewith, the Report of the Case of the Brazilian Brigantine Hiroina, condemned in the British and Portuguese Court of Mixed Commission on the 24th of the last month, with our decision thereon.

This Vessel being the first condemned in the Court under the circumstances under which this Case was brought before us, being detained to the North of the Equator without having a Slave or Slaves on board, or having had any during the Voyage, induced us, in the performance of our duty, to state very fully, the reasons for taking the view we did of the Case, and which led to the condemnation of the Vessel: in adopting this course we were greatly influenced by the spirit of the Treaty and Convention, as referred to and treated on in the Correspondence which has passed between the Brazilian Government and Mr. Consul-General Chamberlain, on the subject of Licences to Slave-vessels, and which was transmitted to the Commissioners for their information and guidance.

We feel it to be our duty to explain the delay which took place in the Case of this Vessel; owing, in the first instance, to the illuess of the late Commissioner, Hamilton, which prevented the proceedings going on beyond the duties of the Registrar; and, subsequently, from the Claimant's Proctor having been away from the Colony, and the Court not wishing to allow the proceedings to go on in his absence, as the Case was altogether a new one, and it might, therefore, prove in

jurious to the Claimant, to whom they were desirous to give every opportunity of clearing his Vessel; and lastly, from Sir Neil Campbell's illness, which prevented the Case being brought before the Court so early as, even under the circumstances stated, it otherwise might have been.

Trusting, Sir, that our proceedings in this Case, and Decision thereon, will meet with your approbation; We have, &c.

The Right Hon. George Canning.

N. CAMPBELL.

JOS. REFFELL.

(Enclosure.)-Report of the Case of the Brazilian Brigantine Hiroina, whereof Michael Antonio Netto was Master.

THIS Vessel, commanded by Michael Antonio Netto, (who was stated to be on shore, sick) and furnished with an Imperial Passport, No. 17, “ obligating her to enter solely such Ports on the Coast of Africa, where the Slave-trade is permitted to the Subjects of the Empire," was detained off Lagos, in the Bight of Benin, by His Majesty's Ship Maidstone, Commodore Charles Bullen, C. B. Commander, who, in his Declaration, states, " that he so detained her for being at anchor in a Roadsted in the Bight of Benin, trafficking for Slaves, with part of her Cargo landed for that purpose, 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 her said Imperial Passport No. 17, and by virtue of the late Correspondence on this particular subject with the Brazilian Government, a Copy of which has been transmitted him from the Lords Commissioners of the Admiralty; and further, that he therefore deemed it his duty to send her to the Mixed Commission Court at Sierra Leone, for Adjudication." The Vessel arrived here Nov. 11, 1826, and on the 16th of the same month the Papers were filed in Court, and the usual Monition prayed for, which being granted, went forth on that day, returnable on the 25th of the same month.

From the Evidence of Joze Machado Lopez, the Mate, and two of the Seamen, it appeared that, owing to the prevalence of foul winds, the Vessel made Cape Palmas, but did not anchor there; from thence she touched and anchored at St. George D'Elmina, where she stopped two days to take in water, and where she also purchased with Aquadente, a Canoe, from whence she went to Judo, a place between Badagry and Lagos, where she anchored and touched, to trade for country cloths, palm-oil, and provisions for the Slaves to be purchased at Molembo, some of which articles were put on board, and that she remained there 68 days, during which the Master was on shore with a part of the Cargo landed, consisting of tobacco, rum and cloth, and for the last 30 days of which only he was sick.

On the 21st of November, the Petition of the Mate, or 1st Pilot, J.