prior to the restitution; but none was allowed for any time the Vessel was detained subsequently.

The 6th and 7th items are as follow: viz.

£. s. d.

For abstraction of the Cargo, as it is called..................493 7 10 Do. of goods, the private adventure of the Master...223 0 31

£716 8 2

It seems this allowance has been made by comparing the goods which remained on board the Vessel, with the Invoice of Goods shipped at Pernambuco; a more improper or unjust mode of assessing, either against a Seizor or His Majesty's Government, any sum, cannot well be imagined; particularly when it is considered that the Master states by his Log-book and Papers, that he has been at a Port South of the Line, and had there bartered for a Cargo of Slaves, and had commenced bartering in the River Calabar.

It is true that a small part of the Cargo was used, under the following circumstances, but which would not altogether amount to more than £40 or £50:

A demand was made by the Pilot and Duke Ephraim's head Man, named Yellow Duke, for some compensation for their loss, and nonpayment for services performed to the Brig Gaviao previous to her capture; and upon a reference to the Masters of the British Ships lying in the River, they represented that unless some compensation was made, their Ships and Persons would be affected, and that they should be prevented quitting the River; and that if the Pilots and Chiefs were paid what was due to them, much benefit might result by preventing the ill-will of the Natives, who would otherwise, on the British Men of War leaving the Coast, retaliate, or even commit some act of hostility hereafter upon a Man-of-War's Boat, when occasion should offer.

Under these circumstances, a recompense was made by some cotton stuffs (taken from the remains of 2 bales which were found open on board the Gaviao), as the customary present made by Slavers and other Vessels, upon their arrival at, or departure from, any of these Rivers.

From among the cottons in the 2 bales above-mentioned, 30 pieces of white coarse cotton, valued by the Masters of the British and American Ships lying in the River, at 5 or 6 dollars the piece, and as many of coarse handkerchiefs, valued at 1 or 2 dollars the piece, were given in liquidation of the general claim for Harbour Dues to the Chief, and Yellow Duke, as the principal Pilot; this was done with the knowledge of the Master of the Gaviao.

Two leaguers of arrack, or what is called in the Brazils aqua ardente, were observed on the deck of the Gaviao, they were found nearly half

empty, and had been broached by the Portuguese, on the Gaviao's first entrance into the River of Calabar, for the purpose, as well of trade, as to make occasional presents to the Natives coming on board to assist in navigating the Vessel, and to obtain information of British Ships of War, and also for attendance upon the Portuguese Slavers; a quantity of spirits being thus usually distributed by the Slaver to encourage trade; that is, the early bringing of Slaves to the market, and not unfrequently in part payment of those employed to collect them.

The casks of spirits had each a spigot in their heads; and I admit, that as the weather was very bad, a very few gallons from them might, in possibility, have been taken by some of the Sailors of the Thistle and Tartar; but that quantity must have been very small indeed, since the number of Men left with the Boat, in charge of the Gaviao, would not have exceeded from 16 to 20, and the access to this spirit was not beyond 2 or 3 days at the farthest, since at Fernando Po, where the Tartar sailed for after being joined by the Gaviao, a more minute investigation took place, and as there were 7 or 8 full leaguers of aqua ardente on board the Gaviao, the whole was removed for safety to the Tartar; and on my arrival at Sierra Leone, the same were delivered over to the Registrar of the Mixed Commission Court, but whether these form any part of the charge for loss of Cargo, or are credited in any manner in the Account, I have no knowledge whatever.

The Letter of Mr. Hannah, the Prize-master, (already noticed as Inclosure C.) gives a very clear and, I believe, a very honest statement of the cargo, stock, and private adventure of the Master; and I beg their Lordships reference to it.

The conduct of Mr. Walsh, as the Captain's Agent, having been freely commented on by the British Arbitrator, I have taken the liberty of attaching to this statement Copies of Letters from Mr. Walsh, (D.) who acted for me at Sierra Leone; but whose interference was forbidden by the Mixed Commission, until his interference became useless, by their having restored the Gaviao; and the calling upon him to produce evidence in opposition to that of the Portuguese, when these same Commissioners entirely disregarded that of Mr. Hannah the Officer in charge of the Vessel, appears to me no other than a mere show of justice.

They must have known, or rather the Arbitrator, Fitzgerald, who seems the Person deciding all questions of doubt, and settling all those of damages, that Mr. Walsh could do no more than resort to Mr. Hannah, as an Evidence who, as he states, had repeatedly offered himself during the Trial, but who was never examined at all until some weeks after the Gaviao was restored and delivered up to the Portuguese.

Of my own knowledge I can state, that all interference of either Seizor or Agent, to the time I left Sierra Leone in June last, was for

bidden, and I was, myself ejected from the Court by one of the British Commissioners, and Mr. Walsh summoned by the Court to appear before Lieutenant-Governor Grant, for interference as my Agent in the Case of the Donna Eugenia, seized nearly at the same time the Gaviao was.

The Affidavit of Captain Marsh, (E.) (late First Lieutenant of the Tartar), the Officer who seized the Gaviao, contains some information in support of the grounds of the Seizure.

The Affidavits of some of the Masters of the Liverpool Ships in the Calabar River, (F.) at the time the Gaviao was seized, will shew her real character.

If their Lordships shall be pleased to take a view of all the circumstances of this Seizure, I humbly trust it will appear that no Vessel was ever seized more justifiably; and that the damages awarded are, in truth, no better than a reward or bounty to a Person who had violated every engagement he had entered into; for that the Master of the Gaviao was found where he was expressly forbidden, cannot be questioned; and that the equipment of his vessel, in all respects, shewed her object to be a Cargo of Slaves, the British Arbitrator, Fitzgerald, by every sentence of his reasoning, I think, unreservedly admits. I have, &c. J. W. Croker, Esq.

GEO. R. COLLIER.

(Inclosure A.)-Award of the British and Portuguese Court of Mixed

Commission.

In the Case of the Portuguese Brigantine Gaviao, Jose Bento de Macedo, Master, seized and detained by His Majesty's Ship of War, the Tartar, commanded by Commodore Sir George Ralph Collier, Bart. K.C.B. under a charge of being engaged in the illicit traffick in Slaves to the North of the Equator.

THESE are to certify, that the Portuguese Brigantine Gaviao, her cargo, tackle, apparel, and furniture, were prosecuted in the British and Portuguese Court of Mixed Commission, established at Sierra Leone, for preventing the illegal traffick in Slaves, by Commodore Sir George Ralph Collier, Bart. and K. C. B. under a charge of being engaged in the said illegal traffick; and that it appeared to the majority of the said Court, that the said Sir George R. Collier did not adduce any evidence to prove that the said Brigantine was so engaged in the illegal traffick in Slaves. And that it further appeared to the said majority, that the said Jose Bento de Macedo did adduce sufficient evidence to prove that he was not engaged in the said illegal traffick. Wherefore, conformably to the provisions of the Treaty between His Majesty and His Most Faithful Majesty the King of Portugal, the said Brigantine Gavaio, her cargo, tackle, apparel, and furniture, were, on the 5th day of July in the Year of our Lord 1821, pronounced by the said Court, to belong as claimed, and the said Court

decreed the same to be restored to the said Jose Bento de Macedo, the Claimant, for his own use, and for the use of Elias Wilho Centra, of Pernambuco, the Owner and Proprietor of the said Brigantine, together with the costs, damages, and expenses incurred in consequence of the said seizure and detention.

And these are further to certify, that the sum awarded by the said Court to the said Jose Bento de Macedo, the Claimant aforesaid, in consideration of the costs, damages, and expences incurred through the said seizure and detention, amounts to £1520 13s. 9d. All which matters and things more fully do appear by the Records of the said Court, and for which 3 Certificates of the same tenor and date have been granted to the said Jose Bento de Macedo, to serve as one.

In faith and testimony of the truth whereof, we have hereunto set our hands aud affixed the Seal of the said Court of Mixed Commission, at Freetown, in the Colony of Sierra Leone, this 27th day of October in the Year of our Lord 1821.

E. GREGORY.

EDW. FITZGERALD.

JOAO GMO. ALTAVILLA.

(Entered) JAMES WOODS, Acting Registrar, Mixed Commission.

(Inclosure B.)-Decision on Claims for Compensation.

On the 5th July, the Portuguese Brig Gaviao, detained by Commodore Sir George Collier on a charge of being engaged in illegal Slave-trade, was liberated by a Decree of the British and Portuguese Mixed Court.

In the considerations connected with the Judgment, an opinion was intimated by the Judges, that the Claimant was not entitled to the demurrage provided by the 8th Article of the Regulations for the Mixed Commissions, inasmuch as he had voluntarily placed himself in a situation highly reprehensible, and likely to invite Seizure, being found in Calabar River, a noted station of illegal Slave-trade, with apparent intent to trade for Slaves, his Vessel being professedly fitted out for a Slave-trading voyage, and having on board several Negroes newly embarked at St. Thomas's and Princes Islands, who, although adjudged to have been legally taken on board, must be allowed to have furnished strong ground for suspicion of illegality.

The declaration of this opinion was however deferred for further advice, no claim for demurrage or other compensation being then before the Court.

On the 10th July, a Paper was given in by the Master, conveying an imperfect statement, which he was desired to amend, and to render more intelligible, by filing a regular claim; specifying the amount of compensation to which he considered himself entitled, for himself and for the Owners severally, with the ground of his demand, and the particulars distinctly stated, and the charges reduced into English money.

On the 16th of July, a formal Petition was presented, stating that the Claimant, on resuming the command of the Vessel, in pursuance of the Decree of Restitution, found that the cargo and stores thereof were deficient, and also part of the sails and rigging, and the remainder thereof much cut and damaged; whereupon he prayed that a survey should be held upon the said Brig, her cargo, stores, tackle, furniture, and apparel, and that a valuation and a report thereof be made, in order that the damage sustained by the Petitioner and his Owners may be more fully ascertained.

A Commission issued accordingly, and a survey took place on the 23d July. The Report upon this Petition stated the condition of the hull, sails, and rigging, and the quantity and description of the goods actually on board, without any valuation.

On the 27th July, the Petitioner prayed a Copy of the Report. On the 28th of July, a further Petition of Claim was filed, alleging damages to the amount of £3,341 13s. 6d. exclusive of freight, demurrage, costs, charges, and expenses: this Petition was accompanied by specific Accounts in detail, containing particulars of alleged damages to the same amount.

In proceeding to consider the particular head of charge composing this amount, it was thought expedient at the outset to pronounce explicitly upon the want of sufficient title to demurrage down to the date of the restitution; and, in disallowing demurrage, to pronounce also for the disallowance of a sum of £1,622 10s. included in the total amount of compensation claimed under the head of wages of the Master, the Officers, and the Crew of the Vessel; comprehending with those now on board, the others who had previously left the Vessel on the voyage, for whose wages specific charges were made, down to the date of their respective departures.

The Court was of opinion, that all charges incident to the Vessel are comprised under the general head of demurrage, and are to be allowed or disallowed under that head.

The first object on the face of the Accounts presented with the Claim, is a demand of £1,218 4s. 0‡d. as compensation for abstraction and deterioration of cargo, as well in the general stock of the Owner as in the private adventure of the Master.

In order to enable the Court to understand this matter more distinctly, the Commissioners had, upon the Petition of the Claimant, directed that a survey should be made, for the purpose of ascertaining the quantity and description of the goods now on board, and the condition of the same, and that an Inventory, containing the particulars desired, should be returned into Court with all convenient expedition.

The Court gave direction at the same time that the Master should be ready to establish, by competent proofs, the embarkation of the goods particularized, the state of the same at the time of the Seizure