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135. Lieutenant McHardy to the Nov. 13 Murder of Lieutenant Secretary to the Admiralty.

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1231

CAPE OF GOOD HOPE.

No. 26.-Mr. Layard to Her Majesty's Commissioners. GENTLEMEN,

Foreign Office, November 5, 1862. I AM directed by Earl Russell to acquaint you that The United States' Secretary of State has informed Her Majesty's Chargé d'Affaires at Washington that Mr. Alonzo S. Upham has been appointed to the office of United States' Judge in the Mixed Commission Court established at the Cape of Good Hope, under the provisions of the Treaty concluded on the 7th of April last* between Her Majesty and the United States of America for the suppression of the Slave Trade.

Lord Russell has requested Her Majesty's Secretary of State for the Colonies to make known this appointment to the Government of the Cape of Good Hope, and also to give directions that Mr. Upham may be received with the courtesy and attention due to his official position.

I am,

* Vol. LII. Page 50.

Her Majesty's Commissioners.

&c.

A. H. LAYARD.

LOANDA.

No. 33. Consul Sir H. Huntley to Earl Russell.-(Rec. Feb. 1, 1862.)
MY LORD,
Loanda, November 24, 1861.

I HAVE the honour to place before your Lordship copies of a correspondence which has passed between the Secretary of the Government, under the direction of his Excellency the GovernorGeneral and myself, upon the subject of a protest, herewith transmitted, which has been presented by the master of the Portuguese brigantine Tarugo Secundo, representing that his vessel was illegally boarded and searched in the Bay of Equimina, when lying at anchor there, south of Benguela, in waters subject to the dominion. of the Crown of Portugal, by Her Britannic Majesty's ship Alecto, on the 11th April, 1861.

The only positive information that I am able to convey to your Lordship with relation to this affair is, that Her Majesty's ship Alecto could not have been the vessel of war which boarded the Tarugo Secundo, because, at that time, Captain Raby, who commands the Alecto, was with his ship to the north of the equator, then commanding the division of the British ships of war stationed in the Bights of Benin and Biafra.

It is, however, the case that Her Majesty's ship Prometheus was at the time specified in the locality of the bay mentioned, and possibly the Tarugo Secundo may have been boarded by that cruizer.

Your Lordship will, I trust, approve of my having forwarded copies of the several papers to Commodore William Edmonstone, whose inquiries probably will fully illustrate the case.

I may point out a discrepancy in the statements of the Secretary of the Government and the master of the Tarugo Secundo, the Secretary stating that the master was "obliged to go on board the steamer Alecto," the master declaring that he refused to leave his vessel, and that the officers of the vessel of war went away without him. I have, &c. Earl Russell. H. V. HUNTLEY. (Inclosure 1.)-The Secretary-General to the Government to Consul (Translation.) Sir H. Huntley.

SIR,

Loanda, November 18, 1861.

By order of his Excellency the Governor-General of this province, I remit to you a copy of the protest which has been presented by the captain of the Portuguese brig Tarugo Secundo against the proceedings of the English steamer of war Alecto, towards her. At this time the said vessel was anchored in the Portuguese port of Equimina, to the south of Benguela, and was entered by an armed force, rigorously examined, the papers many times threatened to be seized, the captain obliged to go on board the steamer, so that he

was kept from his vessel 10 or 12 hours, during which time he was told she could be made a prize.

This proceeding, as you will see, is a manifest violation of Articles III and IV of the Treaty of the 3rd of July, 1842,* and is of much consideration with regard to the flag, the territory, and consequently to the dignity and rights of the Portuguese nation.

His Excellency therefore hopes that by sending you in this manner the information, the Government of Her Britannic Majesty will provide against the recurrence of such treatment.

Sir H. Huntley.

God preserve, &c.

JOSE BARBOZA LEAO.

(Inclosure 2.)-Protest of José d'Oliveira Fannes, Captain of the Portuguese brig Tarugo Secundo.

(Translation.)

Equimina, April 12, 1861 I, THE Undersigned, Captain of the Portuguese patacho Tarago Secundo, declare that, having sailed from Loanda the 26th day of March, 1861, bound to the ports of the south, with a colonial cargo, as manifested, and having arrived in the port of Equimina the 6th day of April, I anchored at 3 P.M. to trade in this port, with the widow Tarugo and Sons, owners of vessels and merchants of Lisbon, with legality and the rights of national commerce.

On the 11th of the same month, at 7 P.M., was boarded and searched by a boat from the English steamer of war Alecto, which sent a midshipman on board with a crew all armed, and required of me the papers of the vessel, which I presented, notwithstanding that I was in a Portuguese harbour, a foreign vessel having no right to visit mine there according to the existing Treaties. However, against force no resistance was offered. The said officer examined the papers, reserving myself to give the necessary information to the GovernorGeneral on my return to Loanda.

The officer, after having examined the papers, asked my leave to fire a pistol as a signal to the steamer. I consented, and it was done. The signal not being acknowledged, he asked me for a lantern, to be placed as a guide at the mast-head, which I ordered to be done. The midshipman then, without asking my leave, fired a musket. Hearing this, another boat came, and a Lieutenant leaped up with another armed crew, and, going down to the cabin, asked me afresh for the papers, and examined them some time. This Lieutenant intimated that he should weigh the anchor and detain the vessel. To this I replied, that I protested for all and whatever might happen from the detention of the vessel, and that if he so intended to send his men and take possession, declaring that my men would unite with me in protesting against illegalities and

* Vol. XXX. Page 527.

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infringements of the law. The officer said he did not understand me. Then all the men came on deck, separated about the vessel, and searched everywhere.

At 9 P.M. the two officers returned to the cabin, examined the papers afresh, and then required me to weigh the anchor, which I refused to do, when they asked me if I had an English flag on board. I said no. Then again they desired me to weigh the anchor. I persisted in refusing, declaring that if they decided upon taking the vessel, they might do so, and that I protested for the vessel and cargo. They declared they could not understand me, and they said many other things.

Then the Lieutenant of the steamer said he should report what had occurred to the Commander, leaving on board, to guard the vessel, the Midshipman, with a boat's crew armed. Sentries were posted at the gangways, and thus they had possession of the vessel. The steamer came near to speak to me, asking how many fathoms of water I had. I replied 9. Then, speaking to the Midshipman, ordered him to bring the papers on board; and it being required of me, I refused, declaring that they might see the papers on board, but that they should not go out of my power. They then intimated to me to go into one of the boats of the steamer. I also refused this. Then, after another examination, they left the vessel, when the steamer Africa passing in sight, coming from the south, they weighed, and followed in the direction of that vessel.

I protest against all these offensive and vexatious proceedings of the English steamer of war Alecto, the visit which she made on the 11th of April to the vessel in my command being against the express stipulation of the Treaty of the 3rd of July, 1842, finding myself in a Portuguese port, within the limits which are not allowed to be violated by any vessel, as well as the cruizing ships which are not permitted to act vexatiously as vessels which visit, nor to seize the papers of vessels having law and right to navigate.

JOSE D'OLIVEIRA FANNES, Captain.
BERNADO MARTINS.

GEVRAS SANTO PIAGS, &c.

(Inclosure 3.)-Consul Sir H. Huntley to the Secretary-General to

ILLUSTRIOUS SIR,

the Government.

Loanda, November 21, 1861. I HAVE the honour to have received your despatch of the 18th instant, accompanied by a protest made by the master of the Portuguese patacho Tarugo Secundo, alleging that his vessel was boarded and illegally treated in the port of Equimina, within the dominion of Portugal, on the 11th April last, by Her Britannic Majesty's ship Alecto.

I beg leave, in reply, to state that I immediately informed Captain Raby, who commands the Alecto, and is now in this port, of the accusation preferred by the master of the Tarugo Secundo.

Captain Raby at once proved to me that he was, at the time mentioned, on the north of the Equator, commanding the division of the British squadron stationed in the Bights of Benin and Biafra.

I shall, however feel it my imperative duty to forward a copy of your letter, as well as one of the protest, to Commodore Edmonstone, who commands the British squadron employed upon this portion of the coast of Africa, by the vessel of war which will proceed to him after having left here the mail in December, and I beg that you will assure his Excellency the Governor-General that Commodore Edmonstone will lose no time in making the necessary inquiries. I have, &c.

The Secretary-General to the Government.

H. V. HUNTLEY.

No. 35.-Her Majesty's Commissioners to Earl Russell.—(Received
MY LORD,
April 2.) Loanda, January 8, 1862.

THE belief we expressed, in our annual report dated the 10th October last, as to the increase of the practice which has recently sprung up in this province, of removing slaves to St. Thomas, has, we regret to say, been fully verified.

As a proof of this, we now beg leave to hand to your Lordship a list of the vessels conveying those negroes which have sailed from this port during the last 3 months, from which it will be seen that 467 have been embarked, under different denominations, in that period. This, added to the number reported in our above-mentioned despatch, makes upwards of 900 that have been shipped within the year just expired.

On the arrival of Commodore Edmonstone at this place in Her Majesty's ship Arrogant, in November last, we fully communicated to him the extent to which this practice has been carried. We also handed to him for perusal a copy of our despatch to your Lordship of the 10th of October of last year, and we solicited his attention to this very important subject, because Her Majesty's Commissioner sees most clearly that it is the decided intention of the Governor-General to sanction the continuance of this practice without restriction, and it even already promises, if not checked, to rival in extent and importance the scheme adopted by the Government of France for supplying its possessions in the West Indies with labourers.

Commodore Edmonstone and Her Majesty's Commissioner had an interview with the Governor-General on the subject, and the

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