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to be free; and considering that the Decree with force of law dated the 10th December, 1836,* prohibits the importation of slaves by sea, and that the introduction of this class of individuals by land was prohibited by the Decree with force of law dated the 14th of December, 1854; I have thought proper to declare that slavery is at present and for ever abolished in the city of Macao and its dependencies; and further, I am pleased to declare that the conduct of the said Governor, in causing my Eoyal intentions to be carried out, has merited my Eoyal approval; and that the news of the humane and disinterested proceeding of the inhabitants of Macao who were owners of slaves, in giving these their full liberty, is duly appreciated by me.
The Viscount Sa da Bandeira, Peer of the Bealm, Minister and Secretary of State for Marine and Colonial Affairs, shall have thus understood, and cause it to be carried out.
Viscount Sa Da Batoeiba. KING.
No. 419.—Mr. Howard to the Earl of Clarendon.—(Bee. Jan. 14.) My Lobd, Lisbon, January 7, IS57.
I Hate the honour of inclosing herewith a translation of a Portaria addressed by the Viscount de Sa da Bandeira, on the 31st ultimo, to the Governors-General of the provinces of Angola, Cape Verde, and the Mozambique, and to the Governor of the province of St. Thomas and Prince, and published in the " Diario do Governo" of yesterday, on the subject of the application of the funds administered by the Boards of Protection of Slaves and Liberated Negroes, created by the Decree of the 14th December, 1854.
The object of this Portaria is to resolve the doubts entertained as to the right of applying a portion of the funds assigned to the Boards of Protection to the manumission of children of slaves, according to the provisions of Article XXXT of the Decree in question, and likewise to grants of assistance to such slaves as may have means of their own, but not sufficient for their redemption.
Instructions are now given to the Boards to make an estimate and appropriation of the amount applicable to such purposes at the end of every half-year, after providing for the other charges upon their funds; and they are severally required to apply such amount as shall not exceed the estimated residue, to cases of the nature of those abovo referred to, making their selection either in the order of the dates of application, or by lot, in the event of the number of applications exceeding the means at their disposal; and they are instructed to state, in their half-yearly reports, the several cases of redemption, with the means of their preference of one of these modes of selection over the other.
* Vol. XXIV. Page 782.
Tour Lordship will perceive that the provisions of this Portaria fully bear out the interpretation placed, by Her Majesty's Commissioners at Loanda (in their despatch of the 30th September last, to your Lordship), upon the clauses of the Decree of the 14th December, 1854, relative to the appropriation by the Boards of Protection of the funds committed to their charge.
I have, &c.
The Earl ofClarendon. HENBY F. HOWARD.
(Inclosure.)—Portaria. (Translation.) Palace, Deeemler 31, 1856.
His Majesty the King having learnt, from despatches received by this department, that some of the Boards of Protection of Slaves and Liberated Negroes, which were created by the Decree of the 14th December, 1854, have been in doubt as to whether they are permitted to dispose of a portion of the special fund which they administer respectively, to be applied to the manumission of children under five years of age, by handing in, at the time of their baptism, five milreis, as specified in Article XXXI of that Decree; and also to assist such slaves as may possess a sum of money of their own, but not sufficient to effect their redemption; and. it being desirable that the above-mentioned Boards should act in uniformity upon this subject, which so nearly affects humanity and the objects of the said Decree of 14th December, 1854, His Majesty has been pleased to cause it to be made known that, in accordance with the provisions of that Decree, the management and administration of the general property of slaves and liberated negroes belongs undoubtedly to the above-mentioned Boards, and that one of the objects of their institution being to promote by every means in their power the liberty of slaves, and one means being certainly to contribute a portion of the said funds for the purpose of obtaining their liberty, it is, therefore, incumbent upon the said Boards to consider and set apart, at the end of each half year, the sum which they may bo able to appropriate during the ensuing half year to the above-mentioned purposes, keeping in view the other charges which these funds may have to defray; and that, under this understanding, and within the limits of the several sums thus set apart, the different Boards may respectively apply such sums, either to such cases as may eventually arise, or, if the number of cases be excessive with reference to the disposable amount, by drawing lots; the several Boards, in their half-yearly reports, as required by Article XLTVof the said Decree, to give a detailed account of the cases of liberation effected through these means, and to specify the motives for preference of one or the other method, as the case may be.
The Governor-General of the Province of Angola shall commu[1856-57. Xlvii.] 3 O
nicate the same to tho Board of Protection of Slaves and Liberated Negroes for that Province.
SA DA BANDEIRA.
Similar instructions were issued to the Governors-General of the Provinces of Cape Verde, and of Mozambique, and to the Governor of the Province of San Thome e Principe.
ivo. 420.—Mr. Howard to the Earl of Clarendon.—(JRec. Jan. 14.) My Lord, Lisbon, January 6, 1857.
A Despatch has been received from the Governor of the Province of San Thome e Principe, pointing out, in the report of registered slaves transmitted by the same mail, the circumstance that certain Gaboons (inhabitants of the neighbouring coast of the continent of Africa), being under age, were included in the register, because there was a possibility that they might have been legally introduced, and desiring to be furnished with instructions how he should proceed with respect to such Gaboons, if it should be evident that, by reason of their age, they must have been introduced subsequent to the Decree of the 10th December, 1836,* which prohibited the introduction of slaves by sea into any of the dominions of the Portuguese
The Portaria of which I have the honour to inclose a translation, bearing date the 29th of last month, and published in the official journal of the same date, conveys His Most Faithful Majesty's commands that the Minister for the Colonies should acquaint the Governor of San Thome e Principe that all persons borne on the register, without a certainty of their being slaves, were improperly so entered, for that the presumption was in favour of liberty, and the condition of slavery requires to be established by proof, according to the express provision of the Decree of the 14th December, 1854,t (Article XXVIII, § 1), and, consequently, it beeame the duty of the public authorities to claim the liberty of any persons who might be improperly deprived of it. I have, &c. The Earl of Clarendon. HENET F. HOWARD.
(Inclosure.)—Portaria. (Translation.) Palace, December 29,1956.
His Majesty the King was made acquainted with the confidential despatch of the 11th September last, in which the Governor of the Province of San Thom6 e Principe, referring to the lists of registered slaves which he transmitted by the same mail, in accordance with Article III of the Decree of the 14th December, 1854, says, that on the said lists are entered some Gaboons (inhabitants of the neigh• Vol. XXIV. Page 782. t Vol. XLV. Page 1073.
Louring coast of the continent of Africa) under age, but which are registered because they might have been introduced in a lawful manner, and requests to know whether he ought to take proceedings in furtherance of the liberation of these minors, should it be ascertained that, from their age, they must have been introduced into the islands subsequent to the Decree of the 10th December, 1836, which prohibited the importation of slaves by sea throughout the Portuguese dominions, with the exception contained in Article II. And His Majesty commands it to be declared to the said Governor, through the Marine and Colonial Department, that all individuals who were not with certainty known to be slaves, were unduly registered as such, inasmuch as their liberty was to be presumed, and their stale of slavery ought to be proved, as required by the Decree of the 14th December, 1851 (Article XXVIII, § 1), and it is therefore the duty of the public authorities to re-establish the liberty of individuals in any way unduly deprived of it. And as from the list transmitted, in which only the names, sex, and ages of the registered slaves are stated, nothing is known respecting their place of birth, it will be necessary that the Governor, should seek to obtain legal proofs to show the true condition of any individual who may come under consideration.
8A DA BANDEIRA.
No. 424.—The Earl of Clarendon to Mr. Howard. Sib, Foreign Office, January 24,1857.
I Have received your despatch of the 6th instant, inclosing a copy of a Portaria issued by the Portuguese Government on the 29th December last, conveying instructions to the Governor of the Province of San Thome e Principe with regard to some Africans called Gaboons, inhabitants of the neighbouring coast of the continent of Africa, who have been included in the list of registered slaves furnished by the Portuguese Governor in accordance with Article III of the Decree of the 14th December, 1854; and I have to acquaint you that Her Majesty's Government learn with satisfaction the view taken by the Portuguese Government with regard to the registration of slaves as set forth in the Portaria above referred to.
I am, &c.
H. F. Howard, Esq. CLARENDON.
No. 427.—Mr. Howard to the Earl of Clarendon.—(Bee. Feb. 4.) Mr Lord, Lisbon, January 26, 1857.
Oir receipt of your Lordship's despatch of the 16th instant, which reached me on the 22nd, I addressed to the Marquis de Louie the note of which I have the honour to transmit a copy, with reference to the observations made by Senhor Luis Jose Mendez Alfonso, the Portuguese Judge at Benguella, on the expediency of certain alterations in the law affecting the prosecution and trial of offenders engaged in slave-trading transactions.
Tour Lordship will perceive that I have recommended to the favourable consideration of the Portuguese Government the adoption of the suggestions of Senhor Affonso, as reported in the despatches of Her Majesty's Commissioners at Loanda of the 16th October and 13th November of last year. I have, <&c.
The Earl of Clarendon. HENET F. HOWABD.
(Inclosure.')—Mr. Howard to the Marquis de Louie. Sir, Lisbon, January 23, 1857.
Hek Britannic Majesty's Commissioners at Loanda have reported to Her Majesty's Government the steps which Senhor Luis Jose Mendez Affonso, late Juiz de Direito at Benguella, had considered himself justified in taking with respect to the proceedings instituted in the case of the parties implicated in a shipment of slaves effected on the 31st December, 1855, at a place called Lucira, between Benguella and Mossamedes, as well as the observations wbich that magistrate made as to the expediency of various changes in the law as it now stands, the enforcement of which would, in his opinion, go far to put a stop to the trade altogether.
I have accordingly been instructed by Her Majesty's Principal Secretary of State for Foreign Affairs to draw the attention of His Most Faithful Majesty's Government to the suggestions of Senhor Affonso, which are to the following effect:
In the first place, the permission (all due regard being had to the constitutional guarantee on this head) to open sealed letters seized on board suspected vessels.
A second suggestion is, that the judicial authority be empowered to embargo the goods consigned to the parties "pronunciados," and to proceed against all parties implicated in any Slave Trade transaction, even though absent, in the same way as if they were present, and further that, whenever a shipment of slaves shall be known to have taken place at any particular spot, all persons residing at that immediate locality shall be considered prima facie as accomplices, unless they give information of such shipment being intended; and, moreover, that whenever any slaves are seized as being destined for embarkation the expense of supporting those slaves, pending the trial, shall fall on their owners, whether they may have been themselves arrested, or shall have absconded.
Another amendment proposed has reference to the penalty annexed to the crime of dealing in slaves. This should be increased to the highest grade of punishment short of capital, while it is yet more desirable that power should be given, such as is conceded in the