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"cil, ordered Lecesne and Escoffery to be sent "out of the island.

"tain whether Lecesne and Escoffery were or "were not aliens; and, in the event of the "magistracy being satisfied that they were "The question turns on the naked fact, "aliens, my order for their being sent off the "whether these people were or were not aliens. "island was to be carried into immediate effect." A great body of evidence, and that least "Whilst this inquiry was going on, a writ of“ liable to suspicion, supports the assertion that "habeas corpus was applied for, and they were "they were aliens. Had it been thought neces"released from confinement by the grand "sary, much more evidence might have been ❝ court. The order merely stated, that, on "at the time, and has since, been produced; "referring to the return of the deputy marshal," but the emissaries of these men had en"the said Lecesne and Escoffery were dis-"deavoured to terrify those who could have "charged from custody. The cause of deten-" indisputably proved that Lecesne and Escoffery ❝tion set forth by the deputy marshal was the" were born in Saint Domingo. "order for sending these persons out of the "As to the petition of the merchants of "island as aliens of a dangerous description," Kingston, I have already, in my letter to "agreeably to the provisions of the Alien Law" your lordship of 12th January last, stated I passed in 1818. Here the matter for some "that they are composed principally of the "time rested; and I refused repeated impor-" creditors of Lecesne and Escoffery; and had "tunities to have the question of their birth" they not, your lordship is no stranger to the "again agitated. In consequence, however, of" facility with which signatures are obtained "it being known that meetings of the persons" to petitions, whatever the subject may be. "of colour in Kingston had been unusually" The assertion that it was signed by a member "frequent; and, it being generally believed" of the council has no foundation in truth. "that an improper connexion was kept up "With respect to the policy of sending away "between Hayti and Jamaica through the me- "Lecesne, the late trials in St. George, and "dium of certain aliens who had been for some numerous examinations since taken in Kings66 years domiciliated in Kingston, a secret com- ton before a very active intelligent magistrate, "mittee was appointed by the house of as- prove that he was concerned with the con"sembly, consisting of nine members, six of "spirators in that parish; that he had supplied "whom were entirely unconnected with the city "them with arms, and that his house was the "of Kingston, and one of whom was the counsel" place of resort for all disaffected persons of all "employed by Lecesne and Escoffery before the " denominations." "grand court, for the purpose of ascertaining "the nature and object of these meetings; and "in the course of that inquiry it was discovered "" that some of the affidavits in favour of Lecesne "and Escoffery, which were supposed to have "influenced the decision of the grand court, "for it was declared by the court, that amidst "much conflicting testimony the evidence only "preponderated in their favour, were false; "and additional evidence was brought forward "establishing the fact of their being aliens.

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"This, my lord, was the course pursued "towards these men. No proceeding originated "with me; and, as far as relates to the exer"cise of the power vested in me by the alien "law, they received from me the greatest for"bearance. I referred the consideration of "their petition to the magistracy of Kingston, "affording them an opportunity of applying for "their habeas corpus; and, after they had been "discharged by the chief justice, I refused to "sanction any further measures against them. "I had of course no control over the proceed"ings of the house of assembly; but, after the “subject had been gravely considered by a com"mittee, and I had received a message from the "house on the subject; and further, after hav"ing submitted to the council the message of "“the house, and the whole case, including the "proceedings before the grand court, having "been detailed to them by the attorney-general, "I then, by the unanimous advice of the coun

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There are seventeen enclosures in his grace's despatch, comprehending the evidence against these persons, and detailing the proceedings taken with respect to them. In a subsequent despatch, dated 13th November, 1824, an affidavit is enclosed from captain Maclean, of H.M.S. Bustard, stating the favour and encouragement which Lecesne and Escoffery experienced from the government of Hayti.

TORTOLA.

Tortola Schedules.

THESE schedules are prepared by the commissioners for inquiring into the state and condition of captured negroes, condemned to his majesty under the acts abolishing the slave-trade, and who had been apprenticed, or otherwise disposed of in the West Indies. They consist of elabo rate returns of African and Creole negroes, who not being now in Tortola, have not been examined, but who were captured on board different vessels which have been condemned in the court of vice-admiralty at Tortola, from the abolition of the slave-trade on the 25 March, 1807, to 6th August, 1823;-of African and Creole negroes captured on board different vessels, which have been condemned in the court of vice-admiralty at Tortola, the sentences of which have been reversed;-of vessels having negro slaves on board captured since the abolition of the slave-trade, and prosecuted in the court of

vice-admiralty in Tortola, the sentences on whom remained incomplete ;-of African and Creole negroes on board vessels stated to have been prosecuted in the court of vice-admiralty at Tortola, since the abolition of the slave-trade, not condemned to his majesty ;-of African slaves wrecked within the government of Tortola, since the abolition of the slave-trade-of the state and condition of the Africans captured on board the American schooner Nancy, the American brig Amelia, the English schooner Anthony, the Spanish ships Mannella, Venus, and Atrevido, and the Spanish schooner Candelaria ;—and of the state and condition of certain African and Creole negroes seized by the officers of his majesty's customs, and condemned in the court of vice-admiralty at Tortola : together with supplementary remarks to such schedules as are connected with judicial proceedings; and answers to inquiries by persons filling public situations in Tortola, and who have not any African apprentices in their employment.

To the schedules are added the separate reports of the late commissioners, John Dougan, esq., and major Thomas Moody, royal engineers; the report of the former is dated London, 20 Dec., 1823, and is on the state and condition of the captured negroes produced before the commission at Tortola; the report of the latter is dated London, 2d March, 1825, and details the reasons why major Moody could not sign or approve of the report of his colleague. The inference which Mr. Dougan draws from the investigation in which the commissioners were engaged is, that free labour in the West Indies is preferable to compulsory labour; that of major Moody on the contrary is, that without some species of coercion African labour would be worthless.

VAN DIEMENS LAND.

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Bathurst, dated Downing Street, 15th April, 1825; stating the terms on which his lordship was prepared to advise his majesty to sanction the formation of the proposed company; which terms are in substance as follows:

It must form the essential basis of the plan, that the nominal capital of the company will be really raised, and expended in carrying the avowed designs of the subscribers into effect. Before any bill is brought into parliament for investing the Van Dieman's Land company with the necessary powers, at least four fifths of the capital must be actually subscribed, and an assurance given that the subscribers are in general persons of capital and substance adequate to the payment of their subscriptions. As a necessary preliminary to the granting of the charter, the subscribers must actually deposit in the hands of the directors 5 per cent upon the amount of the capital subscribed, and an additional 5 per cent before the lands to be granted by the crown are actually delivered into the possession of the company. The capital originally subscribed to be divided into shares of 50%. each; and if any additional capital be raised, that also to be divided into shares of 50%. each, the original subscribers binding themselves themselves to accept a number of the second set of shares equal to the number held by them of the original shares. The capital to be originally subscribed must be 500,000l. sterling, divided into 10,000 shares. The manner in which it shall be lawful for the company to employ this capital to be defined with as much precision as the nature of the case will admit. As soon as the proposed charter of incorporation shall be obtained, and the necessary surveys completed, lord Bathurst will be ready to advise his majesty to make to the company a grant of 250,000 acres of land in the island of Van Diemen's Land, and one of the primary objects in which the company will be authorized to expend their

Substance of Papers relative to the proposed capital, will be the clearing, improvement, and

Van Diemens Land Company.
1.

LETTER from Mr. Edward Curr, the secretary to the proposed Van Diemen's Land company to earl Bathurst, dated 22d March, 1825, detailing, by his lordship's desire, the objects which the company wished to accomplish, and the powers which it solicited from his majesty's government to enable it to carry those objects into effect.

cultivation of this tract of land. Another mode of employing the capital of the company will consist in defraying the expenses incident to the emigration of persons proposing to settle on any part of their extates. With respect to mining, the crown will, as is usual in such cases, reserve to itself all mines and minerals beneath the surface of the lands to be so granted, but permission will be given to the company to accept leases or grants of mines from his maLetter from lieutenant-colonel William Sorrel, jesty, and to employ their capital in raising late lieut-governor of Van Diemen's Land, to minerals. The employment of the capital of earl Bathurst, dated 2d April, 1825, containing the company in making loans to settlers will be his opinion on the proposals which had been permitted; but not to an amount exceeding referred to him by his lordship for that purpose, upon the whole 50,000/. sterling, and with cerfor the formation of a company for agricultural tain restrictions and conditions to prevent and other objects in Van Diemen's Land.

2.

3.

Letter to Mr. Edward Curr, secretary to the proposed Van Diemen's Land company, by ear

abuse. Transactions in the nature of banking operations cannot be permitted; but the company will be allowed to advance money on bonds or judgments, provided that the whole amount

CEYLON.

Substance of Papers relating to the Case of John
Daniel Rossier.

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of such loans shall not exceed 20,000. The employment of a portion of the capital of the company, not exceeding 50,000l., in the accomplishment of public works, will be expressly sanctioned, under certain limitations. Loans A DESPATCH from major-general sir James from the company to the governor and legis- Campbell, acting lieutenant-governor of the lative council of the colony, not exceeding island of Ceylon, to the right honourable earl 100,000l. at any one time, will be permitted; Bathurst, dated King's House, Colombo, 14th as well as loans, not exceeding in the whole January, 1824, states, that in consequence of a 20,000l. to any private individuals, who may be request to that effect from the governor-general disposed to engage in whaling and sealing. The in council at Calcutta, he had caused to be decompany is not to engage in any species of trade. tained a person of the name of John Daniel They may be permitted, with the license of the Rossier, a deserter from the East India Com. governor, to invest capital in the purchase of pany's service, who had arrived at Ceylon on land, never at one time exceeding 10,000l.; and board the Madras; that a writ of habeas corpus to invest capital to the amount of 20,0007. in had been subsequently obtained to bring the body the purchase of houses and wharfs. The follow- of the said Rossier before the supreme court at ing rules to be observed with respect to the grant Ceylon; that he (the lieutenant-governor) did and selection of the lands to be conceded to the not conceive that the supreme court was vested company The company will receive their with the authority of issuing such a writ; that, grant in the north-west district of the island, to prevent, however, any difficulty on the subselecting any ungranted lands at their own dis-ject, he had deemed it expedient to promulgate cretion; which lands, however, must approxi- a law, or, as it is termed, a government regulamate to the form of a square as nearly as may tion, enacting, "that it was, is, and shall be be. The survey and valuation of the land to be “ lawful to any officer, civil or military, or carried into effect by five commissioners; two "other person in whose custody or keeping appointed by the crown, and two by the com- any person or persons may be, under orders pany, and the fifth to be elected by the four" from the governor, or in his absence the lieuthus appointed. The commissioners to make a "tenant-governor of this island, signified to report to the governor or lieutenant-governor of "him in writing under the hand of such the result of their survey and valuation; upon governor or lieutenant-governor, or by the which he shall be authorised to issue a grant of" signature of the chief or deputy secretary to the land to the company, to be held by them and "government, by authority of the said governor their successors in free and common soccage," or lieutenant-governor, to certify a copy of subject to a redeemable quit-rent (not to become" such order as the authority under which such payable until five years from the date of the" person or persons is, are, or may be detained grant) of 30s. per annum, upon every 1007. of" in his custody, in return to any process of the ascertained value of the land. If the local" any court, calling on him to produce the said government should be able and willing to sup-" person or persons, or to shew the authority ply the company with a number of convict la-" for the detention of such person or persons; bourers, not exceeding the number of free la-" and such return shall be and is hereby debourers employed by them in their grant, the "clared to be a sufficient return by every court company will accept such convicts, and employ" within this island, and as barring every other and maintain them at their own expense. If" proceeding of such court in respect to such within fifteen years from the date of the grant," person or persons upon such process;" and it shall be made to appear that the company have saved to his majesty's government, by the main tenance of convicts, the sum of 25,000l. sterling, then all the lands contained in such grant will be for ever exonerated from all future quit rents. It will be estimated that his majesty's government has saved 161. sterling by each convict wholly kept and maintained by the company for one year.

4.

Letter from Mr. Edward Curr, secretary to the proposed Van Diemen's Land company, to earl Bathurst, dated 18th April, 1825, stating that he was instructed by the directors to thank | his lordship for his communication, and to inform him that they were willing to accept the conditions contained in his lordship's letter.

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that the said government regulation had been strongly protested against by the chief justice of the supreme court at Ceylon.

A letter from sir Hardinge Gifford, knt., chief justice of the supreme court of judicature at Colombo, to the right honourable earl Bathurst, dated Colombo, 14th January, 1824, details all the circumstances mentioned in the lieutenantgovernor's despatch, points out the hazard to which the new regulation exposes the liberty of his majesty's subjects at Ceylon, and intreats that the attention of his majesty's government may be directed to so important a subject.

A despatch from the right honourable earl Bathurst to lieutenant-general sir Edward Barnes, K. C. B., dated Downing Street, 8th July, 1824, after adverting to sir James Campbell's despatch of the 14th of January,

proceeds to say,-"I am commanded by his intention of occupying the island of Shahporree, "majesty to signify to you, that he disapproves or otherwise with hostile designs, the magistrate "of the measures adopted by the lieutenant-was instructed to lose no time in adopting the “governor on this occasion; and you will lose necessary measures, in concert with the com"no time in revoking the regulation passed on manding officer at Chittagong, either to deter "the 10th January, 1824, for removing all the Burmese from making such an attempt, or " doubts respecting the rights of the governor to compel them to abandon the island, should "of this island to arrest and detain in custody they have forcibly taken possession of it. 66 any person or persons within the same.'"

EAST INDIES.

Papers relating to the Burmese War: presented to both Houses of Parliament, by his Majesty's command, February 1825.

Extract of a Letter from the Governor-General in Council to the Secret Committee of the

For a detailed statement of the proceedings of the magistrate of Chittagong, in the investigation of the murder of the mug boatman, and of his correspondence with the Burmese authorities on that subject, and regarding their claims to the island of Shahporree, we beg to refer your

honourable committee to the annexed extracts from our proceedings in the judicial depart

ment.

On the 26th of May last, the magistrate reCourt of Directors of the East India Company, ported, that he had not deemed it expedient to dated Fort William, in Bengal, 21st Novem-strengthen the military post on the Nââf, conber, 1823. ceiving it might lead to the Burmese assembling a larger force, and be construed into a declaration of hostilities; observing, that if they were determined to attack the island, it would require the whole force stationed at Chittagong to oppose them, and thus the town itself would be exposed to the hazard of an incursion of the Burmese, through the passes in the hills to the northward and eastward. In the correspondence which passed on the occasion, between the ma

Your honourable committee is aware that for some years past the Burmese have gradually been encroaching on the south-eastern frontier of Chittagong, and advancing pretensions to the jungles frequented by our elephant hunters, though unquestionably situated within the established British boundaries.

Mungdoo, your honourable committee will observe, that the latter asserted the right of the government of Ava to Shahporree as part of the province of Aracan, and required the magis trate to withdraw the British post, and pull down the stockade, declaring, that otherwise there would be a great quarrel.

In pursuance of this system of encroachment and aggression, the Burmese local authorities în Arracan set up a claim to the island of Shah-gistrate and the ucherung, or Burmese officer at porree, or, as they term it, Shein-ma-bu, situated at the extreme point of the narrow strip of main land forming the southern portion of the Chittagong district, and separated from it only by a shallow channel, which is continually filling up. The main stream of the Nââf, upwards of two miles in breadth, the acknowledged boundary of the two states, flows between the island and the eastern, or Burmese bank of that river. Early in the present year, the magistrate of Chittagong reported in his correspondence in the judicial department, that a Mug boat, laden with grain, in passing near to the island of Shahporree, was stopped by a party of Burmese, armed with matchlocks, and the manghee, or steersman, shot dead on the spot. The only cause to which the magistrate could ascribe this violent proceeding on the part of the Burmese, was the hope entertained by them, that such an act of violence would deter the Company's ryots from cultivating that island. Farther inquiry having tended to confirm the magistrate in the belief that the murder was premeditated, he judged it expedient to detach from the adjoining thannah of Tek Nââf a guard of pro-thorities would be held responsible to their sovevincials, consisting of a jemadar and twelve men, to take post on the island, with a view of preventing further outrage, and generally of affording security and protection to the peaceable inhabitants of that quarter of the district.

Having subsequently reported that the Burmese were assembling in considerable numbers on the opposite bank of the Nââf river, with the

Satisfied as we were of the indisputable title of the British government to Shahporree, as well from the position of the island, as from the records of the Chittagong collectorship, which shewed that it had invariably been comprehended in the revenue settlements, we directed the magistrate to arrange the information and proofs in a clear and intelligible form, and communicate the substance to the ucherung of Mungdoo, stating at the same time, that the communica tion was made in order to put him in possession of the facts of the case, and to shew that any attempt on the part of the Burmese to take forcible possession of the island, or to attack the post established there, must be viewed as an hostile and unprovoked act of aggression on their part, for the consequences of which the local an

reign. The magistrate was directed to state further, that the British government was always disposed to take into consideration the claims of neighbouring powers, when brought to its notice in a friendly and proper manner, and to decide upon them with due regard to justice and equity; but that, even if our right to the island was less certain than it undoubtedly

was, any attempt on the part of the ucherung, Ava, and that our respect for his majesty's wis to obtain forcible possession of it would be re- dom and discernment satisfied us, that, on his sisted, and the aggressors punished. learning the particulars, he would not fail to recognise the justice of the title by which the British government held, and would continue to hold, the island in question.

On the 17th of June last, the magistrate of Chittagong acknowledged the receipt of the instructions, of which the substance has been stated in the preceding paragraph, and took that opportunity of reporting, that the reply which he had received on the preceding day from the ucherung of Mungdoo had removed all apprehensions of any immediate attack on Shahporree. He remarked at the same time, that the Burmese local authorities evidently assumed in their correspondence a right to the river Nââf, to the exclusion of British subjects, and considered the limits of the British territories to be the thanah of Tek Nåâf, and not to extend beyond the edge of the river. He stated also the fact of the channel between the island and Tek Nââf being fordable at low water, while the main channel of the Nââf was entirely on the other side of the island, with continued deep water, to the Arracan shore.

On the 2d August the magistrate transmitted a copy of a report, dated 26th July, from the darogah of Tek Nââf together with a statement given by a person named Yakoob, who had been sent to Arracan to obtain information of any preparations making by the Burmese for an attack on Shahporree. Yakoob reported, that one hundred war-boats and two thousand men were collected at the fort of Arracan, a statement which we believed to be much exaggerated, and entitled to little credit.

On the 6th August, the magistrate transmitted the deposition by Yakoob, taken before him on oath, the substance of which was as above stated. In reply to a question from the magistrate, Yakoob expressed his opinion that the Burmese would attack the island in the months of September and October.

Farther we stated, that, should the argu. ments which demonstrated our right to the disputed position fail to produce conviction on the rajah's mind, it would afford us much satisfaction to depute an officer of rank, during the ensuing cold season, to meet a commissioner from Arracan, and to settle all such questions on the spot.

In our instructions to the magistrate, in reply to his letter of the 6th August, above adverted to, we apprised him of our receipt of the letter from the rajah of Arracan, and our reply, as substantially stated in the preceding paragraph, and expressed our confident expectation, that the explicit declaration of our right to the island, coupled with the consideration of the incontrovertible proofs and arguments by which it was supported, and of our determination to maintain possession, would satisfy the Burmese autho rities of the futility of urging any further claims or demands on the subject. We could not, we remarked to the magistrate, bring ourselves to believe that the government of Ava so incorrectly appreciated the actual state of the British power in India, as to permit any of its provin cial governors wantonly to provoke hostilities, in the prosecution of an unjustifiable attempt to encroach on the territories of the honourable company.

On the 22d September last, the magistrate reported that he had forwarded the letter from the governor-general to the rajah of Arracan, stating at the same time, that the general impression among the Mugs to the southward was, that the Burmese would certainly attack the island of Shahporree when the season would admit of it, and expressing his own opinion, that every thing indicated symptoms of a hostile

About the same time as the date of the magistrate's letter last referred to, a vakeel, dispatched by the rajah of Arracan, arrived at the presidency, with a letter for the governor-intention on their part. general, in which the rajah claimed the island of Shahporree, as having always been annexed to the Arracan province, and requested that the British post might be removed from it, as the maintenance of a guard there might lead to dispute, and eventually cause a rupture of the friendship and harmony subsisting between the two states. To this letter an answer was returned, stating the undoubted title of the British government to Shahporree, and the governor-general's persuasion, that the passage in the rajah's letter, expressing an apprehension as to the possibility of a rupture, arising out of the circumstance of our maintaining a small post on an island of our own, must have been written incautiously, and without due reflection. It was added, that it did not appear from the contents of the rajah's letter, that his communication had been made with the knowledge or authority of the king of

On the 28th of the same month, Mr. Warner reported to us by an express, that a Burmese force of about one thousand men had actually attacked and taken the island on the 24th, kill. ing three sepoys, and wounding three others. In his despatch of the following day, the 29th, Mr. Warner reported such particulars of the attack as had come to his knowledge, stating that, as far as he could learn, the attack was made by the rajah of Rynberry (or Ramre) under orders said to have come direct from the king of Ava; that the rajahs of Arracan, Myoon, (or Cheduba) and Chandoo, were also collecting their troops, and that the whole force those four rajahs would assemble was rumoured to be fifteen thousand men. Mr. Warner further stated, that a general opinion prevailed that they would enter the British territories in force, and chiefly by night attacks plunder and

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