Majesty's Ship Tartar, and that they should be delivered over to the Government of the Colony, to be employed as Servants or free Labourers.

E. GREGORY.

EDWARD FITZGERALD.

(Inclosure 2.)-The British Commissioners to the Acting Governor of Sierra Leone.

SIR,

Sierra Leone, 17th May, 1821. We have the honour to inform you that the examinations of Witnesses, in the Case of the Spanish Slave-trading Schooner Anna Maria, were closed yesterday, when the Court passed a Decree for the Condemnation of the Vessel, as Prize to the British and Spanish Governments, and for the emancipation of the Slaves brought to this Place on board her.

The Persons belonging to the Schooner, who were examined as Witnesses, were the Mate, George Gardner, an Englishman, resident for the 3 last Years on the Island of Cuba, and 2 black Seamen, Archibald Jones, a Native of Curaçoa, and Francisco Maria, a Native of St. Domingo.

We beg leave to suggest that the attention of the Acting King's Advocate should be directed immediately to those Persons, and to such others of the Schooner's Crew as may have been sent on board of His Majesty's Ship Tartar, if it should be deemed proper to examine or to detain them, with a view to any proceedings on the suspicion of Piracy, communicated by Commodore Sir George Collier, or for any other criminal matter. We have, &c.

H. E. the Acting-Governor.

E. GREGORY.
EDWARD FITZGERALD.

No. 82.-Messrs. Gregory and Fitzgerald to the Marq. of Londonderry. (Received Sept. 3.)

MY LORD,

Sierra Leone, 21st June, 1821. WE beg leave, with reference to the Dispatch which we had the honour of addressing to your Lordship on the 7th instant, to inform your Lordship that a Portuguese Brig, named the Gaviáo, captured by Commodore Sir George Collier, brought here on the 17th instant, 47 Slaves, belonging to the number found on board of the Spanish Schooner Anna Maria, at the time of Capture; these 47 Slaves, with 7 who died on board of the Gaviáo, were originally removed from the Anna Maria owing to her crowded state, into His Majesty's Ship Tartar, from whence they were put on board of the Gaviáo.

The total number of Slaves emancipated and registered from the

Anna Maria is 400; and the total number of the Slaves belonging to We have, &c.

that Vessel, who died after her Capture, is 91.

The Marq. of Londonderry, K.G.

E. GREGORY.
EDWARD FITZGERALD.

No. 83.-Messrs. Gregory and Fitzgerald to the Marq. of Londonderry. (Received Sept. 3.)

MY LORD,

Sierra Leone, 21st June, 1821. WITH reference to the Abstract of the Case of the Portuguese Brigantine Constante, inclosed in the Dispatch which we had the honour to address to your Lordship on the 6th instant, we beg leave to acquaint your Lordship that a Portuguese Brig named the Gaviáo, sent in here by Commodore Sir George Collier, brought 7 Slaves belonging to the number found on board of the Constante at the time of Capture. These 7 Slaves, with one who died on board of the Gaviáo, were originally removed from the Constante, owing to her crowded state, into His Majesty's Ship Tartar, from whence they were put on board of the Gaviáo.

Proceedings respecting that Vessel have been instituted in the British and Portuguese Court of Mixed Commission: by the next opportunity we hope to have the honour of reporting to your Lordship on her Case. We have, &c.

The Marq. of Londonderry, K.G.

E. GREGORY.

EDWARD FITZGERALD.

No. 84.-Messrs. Gregory and Fitzgerald to the Marq. of Londonderry. (Received Sept. 20.)

MY LORD,

Sierra Leone, 5th August, 1821. THE Registrar of the Courts of Mixed Commission received a few days ago a Letter, of which we have the honour to inclose the Copy, from Don Francisco Lefer, His Catholick Majesty's Commissary Judge, written at His Majesty's Settlement of Bathurst, in the River Gambia, for the purpose of announcing that he was under the necessity, from the infirm state of his health, of returning to Europe. We have learned, through the Master of the Packet which brought Mr. Lefer's Letter to Sierra Leone, that that Gentleman left the Gambia in the early part of July, in a British Vessel bound for Guernsey.

Some Dispatches have arrived here for the Spanish Commissioners, which were sent by Mr. Woods, the Acting Registrar, to Mr. Lefer's address in the Gambia, but were returned, in consequence of his departure for Europe. We have the honour to send them inclosed to your Lordship. We have, &c.

The Marq. of Londonderry, K.G.

E. GREGORY.

EDWARD FITZGERALD.

(Inclosure.)-The Spanish Commissary Judge to the Registrar. Bathurst, St. Mary's, 29th June, 1821.

THE Undersigned, His Catholick Majesty's Commissary Judge, presents his compliments to the Registrar of the Spanish and British Mixed Commission, and requests he will acquaint His Britannick Majesty's Commissioners, that his health is so much decayed since his departure from Sierra Leone, that the Doctor's opinion is, that he cannot hope to recover it on this Coast; wherefore the Undersigned sees himself in the painful necessity to return to Europe, to re-establish his health, since his remaining any longer in this Country would expose his life, without any utility to his Government.

The Undersigned wishes sincerely, and hopes to be able in a short time, to return to Sierra Leone, to co-operate with His Britannick Majesty's Commissioners, to the fulfilling of the beneficent views of their respective Governments.

James Woods, Esq.

The Undersigned, &c.

FRANCISCO LEFER.

No. 85.-Messrs. Gregory and Fitzgerald to the Marq. of Londonderry. (Received Nov. 5.)

(Extract.)

Sierra Leone, 25th August, 1821. WE have the honour to forward to your Lordship, a Statement of the Case of the Portuguese Brig Gaviáo, recently sent in here by His Majesty's Ships Tartar and Thistle, for Adjudication, under a charge of illicit trading in Slaves, and liberated by a Decree of the Mixed Commission Court.

This Case being of an intricate nature, and His Majesty's Commissioners having differed in opinion upon the question to which it was ultimately reduced, they have recorded those opinions in detail, as they were read in Court in the course of the Judgment.

Mr. Altavilla, although he expressed his sentiments very particularly upon each material point of the Case in the progress of the Examinations, and of the discussions upon them, preliminary to the Judgment, declined giving any formal written opinion in the final determination. The general tenour of his arguments, and the principles on which they are founded, have been included in the preliminary statements of His Majesty's Commissioner of Arbitration, for, the purpose of preserving them in a secure form.

The Marq. of Londonderry, K.G.

E. GREGORY.

EDWARD FITZGERALD.

(Inclosure.)-Case of the Portuguese Brig Gaviáo, of Pernambuco, Jose Bento Macedo, Master; Elias Coelho Cintra, sole Owner. Sierra Leone, 25th August, 1821. THE Gaviáo sailed from Pernambuco on the 6th of September, 1821, with regular Papers for a legal Slave-trading Voyage. She had Clearing Papers for Cabinda, in 4 deg. 5 min. South Latitude, by the way of Angola and St. Thomas. A Letter of Instructions, addressed by the Owner to the Master, Macedo, and in default of him, successively to the Pilot, Duarte, and the Clerk, Barabino, gave particular directions for the various objects of the Voyage, the range of which was, by this Letter, extended to Princes Island, Latitude 1 deg. 49 min. North, as well as to St. Thomas. Correspondents at all those Places were specially mentioned, who would give assistance, and furnish any supplies that might be necessary.

The Gaviáo was constrained, by adverse weather, to put into Paraiba, on the Coast of Brazil, and afterwards into Bahia. She subsequently proceeded on her Voyage, stopping successively at Angola, St. Thomas, and Princes Island; sailed from the last-mentioned Place with clearance for Cabinda; but went direct to Old Calabar, latitude 4 deg. 32 min. North, where she was seized, at anchor, on the morning of the 9th of April, having arrived at the anchorage at 6 o'clock on the evening of the 7th. The Seizure was made on the ground of illicit trading in Slaves: the Vessel was brought to Sierra Leone for Adjudication.

On the 19th of June the British and Portuguese Mixed Commission proceeded to examine Witnesses in the Case, which, in the first instance, turned upon a supposed embarkation of one or more Negroes, as Slaves, for the traffick at Calabar, where the Vessel was taken.

It was clearly proved that no Negro was taken on board at that Place.

The inquiry was then directed to the question of the legality or illegality of the embarkation of certain Slaves, 7 in number, bought by the Master, 3 at St. Thomas's, and 4 at Princes Island, and taken on board for the alleged purpose of assisting in the labours of the Ship, a reduction of the original Crew having rendered such assistance necessary.

These Negroes were taken on board with the consents of the Local Governments, which consents appeared written on the face of Petitions presented by the Master, for the purpose of obtaining them.

In the Petition presented at Princes Island, the 4 Slaves embarked there were described as free Men; and the Master being interrogated upon this point, said, he described them as free, because he intended to give them their freedom, and to employ them as free Sailors.

The evidence of the Master was supported by other Witnesses, ir respect to the reduction of the numbers of the original Crew, and in respect to the actual employment of these Negroes in the works of the Ship. They messed with the Crew, and they were not under any

restraint.

Upon this evidence the Case came to be decided. Mr. Altavilla, His Most Faithful Majesty's Commissary Judge, gave his opinion simply, that the Vessel had not been engaged in illegal Slave-trade, and, therefore, the Claimant was entitled to restitution.

Mr. Gregory, His Britannick Majesty's Commissary Judge, was of opinion, upon a general view of the Case, that there were numerous proofs of an intent of illegal Slave-trading; and considering the denomination of free Men, as applied to the Negroes bought as Slaves at Princes Island, to have been designed merely as a deception to cover a destination of those Negroes for the traffick, he was of opinion, that these 4 Negroes were illegally embarked at Princes Island, consequently, in his opinion, the Vessel ought to be condemned as lawful Prize.

Mr. Fitzgerald, His Britannick Majesty's Commissioner of Arbitration, sat with the two Commissary Judges, in pursuance of the present established construction of that part of the 14th Article of the Convention, which, in the event of the death of either of the Portuguese Commissioners, authorizes the remaining Individual of the Commission to proceed equally. By that construction, it is agreed that a vacancy by departure from the Colony should be considered on the same footing as a vacancy by death, and that all the remaining Members should sit simultaneously as independent Judges, the majority to decide in cases of difference, as the ballot is not available in such

cases.

This construction was first adopted in the Spanish Court, in the Case of the Nuestra Senora de Regla, when the British Commissary Judge and Commissioner of Arbitration sat with the Spanish Commissioner of Arbitration, in consequence of the inability of the Spanish Commissary Judge to attend to business, through severe indisposition. This precedent was, upon the same ground, adopted and followed on the vacancy in The Netherlands Commission, by the departure of M. Van Sertima from the Colony: and more recently in the Portuguese Court, on the departure of M. de la Figaniere, His Most Faithful Majesty's Commissioner of Arbitration.

Mr. Fitzgerald having reserved his opinion until the other Gentlemen had pronounced theirs, thought it expedient, on finding that they differed, to examine further Witnesses, and especially the Negro Seamen, in order to ascertain more fully whether the alleged diminution had actually taken place in the original Crew, and whether the Negroes embarked at St. Thomas's and at Princes Island were employed on