ing them on the appearance of the Captors. Which Slaves are enumerated as under. I do further declare, that, having orders from Sir Robert Mends to send such vessel as I might capture direct to this Port for adjudication, and finding her supplied with a sufficient stock of Provisions and other necessaries for that purpose, I sent her to this Port forthwith. And I further declare, that Sir Robert Mends died before I returned to His Majesty's Ship Owen Glendower. His Majesty's Ship Owen Glendower, lying in Sierra Leone Harbour, this 20th day of December, 1823. Witness, J. BATT. WILLIAM GRAY. William Gray, Esquire, maketh oath that the contents of the foregoing Declaration are true. WILLIAM GRAY. Sworn before me this 20th day of December, 1823. G. RENDALL, Acting Registrar. Deponent, William Gray, saith, that the date of Capture omitted in the foregoing Deposition was the 14th day of September, 1823. WILLIAM GRAY. Sworn before me this 24th day of December, 1823. G. RENDALL, Acting Registrar. (A true Copy.) Sierra Leone, 6th Nov. 1824. ROBERT HODDEN, Acting Registrar. SIERRA LEONE. (Portugal.) No. 44.-His Majesty's Commrs, to Mr. Secy. Canning.-(Rec. June 21.) We had the honour to receive on the 11th instant, your Despatch of the 10th of February 1824, furnishing us with ten Copies of Articles signed at Lisbon on the 15th of March, 1823, Additional to the Convention for preventing illegal traffic in Slaves, which was concluded at London on the 28th of July, 1817, between The King and His Most Faithful Majesty. Agreeably to your Instructions, we shall, Sir, consider these Articles as binding upon us for the guidance of our conduct in giving ef fect to His Majesty's intentions in regard to the Stipulations therein recorded. We have the honour to be, &c. The Right Hon. George Canning. E. GREGORY. D. M. HAMILTON. No. 45.—His Majesty's Commrs, to Mr. Secy.Canning.—(Rec. June 21.) We have the honour to report to you the circumstance of the detention of three vessels under the Brazilian Flag, by His Majesty's Ship "Bann," Captain Courtenay. These vessels, the "Minerva," Ship, the " Cerqueira," Brig, and the "Creola," Schooner, were detained on the 30th of January, 1824, off the River Lagos, Latitude 6° 26" North, Longitude 3° 46" East. The Minerva" and the " Cerqueira" arrived at Sierra Leone in the course of the last, and the "Creola" arrived hither early in the present, month. The Papers of the " Minerva" were brought, soon after her arrival, into the Registry of the Mixed Court. The Proctor for the Captor would have brought into the Registry, at the same time, the Papers of the Cerqueira, but they were not taken in by the Registrar, as they could not be properly authenticated in the absence of Captain Courtenay, the Captor. The Papers of the "Creola"were taken from her Prize-master at sea, by the people of a vessel which was supposed to be a Spanish Slave Trader, who plundered her of some part of her stores. The Cases of the "Cerqueira" and "Creola "were not brought before the Mixed Court. On examining the Papers of the "Minerva," we found her to belong to Bahia; to be owned by a Person at that Place, and to be provided with a Passport by the Provisional Government of that Place, acting under the authority of the Emperor of Brazil, authorizing a voyage to Molembo for Slaves, by the way of the Islands of Saint Thomas and of Princes. We found that she sailed under the Imperial Brazilian Flag, and that all her Clearance Papers had beeen made out in accordance with the Imperial Order of things in The Brazils. The Declaration of the Captor, Captain Courtenay, a Copy of which Declaration we have the honour to enclose, stated in effect, that the " Minerva" was detained by him on account of the informality of her Passport, which, as Captain Courtenay stated, " was furnished by the Authorities of Bahia, acting under the Individual who styled himself Emperor of Brazil, but which Individual had never been, to Captain Courtenay's knowledge, recognised as such by His Majesty, or His Government; consequently was not qualified to grant Passports according to the provision of the 4th Article of the Treaty of the 22d' of January, 1815," (Captain Courtenay must have meant the 4th Article of the Convention of the 28th of July, 1817) "which expressly provided that every Portuguese vessel must be furnished with a Royal Passport, and further provided by whom such Passports was to be signed at the several Ports or Places from which vessels employed in the legal traffick in Slaves shall be fitted out." Captain Courtenay "further declared that the Passport in question was informal in several other respects, which informality would be seen in the proper Court on inspection; he would merely state its being sealed with Arms called the Imperial Arms of Brazil, instead of the Royal Arms of Portugal." The Master of the " Minerva," was not brought to Sierra Leone; he remained, as stated in Captain Courtenay's declaration, at Lagos. The Mate of the "Minerva" was examined upon the standing interrogatories on the 25th of March: he swore that no Slaves had been taken on board during the voyage. A Monition was issued, on the petition of the Proctor for the Captors, citing all Parties concerned in the Case to appear before the Court. The Monition was returned into the Registry on the 8th of April, but no Claimant for the vessel appeared. On our first view of the Case, as it was presented to us by the Captor in his Declaration, we were of opinion that no sufficient ground had existed for the detention of the " Minerva." The alleged informa lity of her Passport could not be a sufficient ground for her detention, as by the 6th Article of the Convention it is expressly provided, that "no British or Portuguese Cruizer shall detain any Slave Ship not having Slaves actually on board," or without "Slaves have been put on board for the purposes of traffick," according to the Additional Article to the Convention, of the 15th of March, 1823. This opinion was not altered by the examination of the Mate of the "Minerva." The examination of this Man did not shew any ground upon which the Captor could justify her detention; and, therefore, under the circumstances of the Case, a Sentence of Condemnation could not be expected. On the 17th of April a Petition was presented to us by the Proctor for the Captor, wherein he stated "that on perusing the examinations taken in the Case, it did not appear that any Slave or Slaves were actually on board at the time of the Capture, or had been on board during the voyage in which she was captured, although the vessel was undoubtedly engaged in the illicit traffic; and that, as no claim had been made on the part of the Owners of the Vessel, the Petitioner prayed that he might be allowed to withdraw the Papers of the Vessel from before the Court, in order that they might be returned to her." We consented to the prayer of this Petition, and the Papers and the Case of the "Minerva" were accordingly withdrawn from the Court. We understand that the Papers of the "Minerva" were subsequently given up to the Mate of that Vesel by the Proctor for the Captors, and that she is now at liberty to depart from this Place. The Cases of the "Cerqueira" and the "Creola," were not, Sir, as we have already stated, brought before the Mixed Court. But we we have been informed that the ground of their detention was similar to that of the "Minerva." We understand that the Brazilian or Portuguese Crews of those Vessels have returned, by the consent of the Proctor for the Captors, into the possession of them, and that the Vessels are, in the same manner as the "Minerva," at liberty to depart from Sierra Leone. We beg leave, Sir, to enclose, for your information, a Copy of the English part of the Slave-trading Passport of the "Minerva." You will observe, Sir, that, excepting in the change from the Royal Portuguese to the Imperial Brazilian style, it is similar to the Model for the Passports for legal Slave-traders which is annexed to the Convention. We should be extremely happy, Sir, to have your Instructions upon this new point of the informality of the Brazilian Slave Trading Passports which has come before us. We should be extremely glad to learn whether His Majesty's Government will allow the validity of these Passports, and whether we are to adjudge, indifferently, (as at present we humbly apprehend that we must,) Slave Vessels under the Brazilian and under the Portuguese Flag, by the Convention with Portugal, of the 28th of July, 1817. We further beg leave, Sir, to enclose, for your information, a Paper containing Memorandums respecting the "Minerva," the "Cerqueira,” and the "Creola." The Particulars connected with the two first Vessels are extracted from their Papers; the Particulars regarding the third Vessel are taken from information given to us by Jozé Rodriguez Ferreira, the first Mate of the "Cerqueira." The Right Hon. George Canning. We have the honour to be, &c. E. GREGORY. D. M. HAMILTON. (Enclosure 1.)-Passport of the Brazilian Ship Minerva. Imperial The Provisional Government of the Province of Bahia make known to those that shall see this present Passport, that the vessel called Minerva, of two hundred and seventy tons, and carrying thirty-nine men, Manoel Joaquim de Almeida, Master, and John Victor Moreira, Owner, Subjects of this Empire, is bound to the Port of Molembo, from whence she is to return to any of the Ports of the Empire of Brazil. The said Master and Owner having previously taken the required oath before the Board of Inspection, and having legally proved that no foreigner has any share in the above vessel or cargo, as appears by the Certificate of that Board which is annexed to this Passport. The said Manoel Joaquim de Almeida, Master, and John Victor Moreira, Owner of the said vessel, being under an obligation to enter solely such Ports on the Coast of Africa, where the Slave Trade is permitted to the Subjects of this Empire, and to return from thence to any of the Ports of this Empire, where alone they shall be permitted to land the Slaves whom they carry, after going through the proper forms, to shew that they have in every respect complied with the Provisions of the Alvara of the 24th November, 1813, which regulates the conveyance of Slaves from the Coast of Africa to the Dominions of Brazil; and should they fail to execute any of these Conditions, they shall be liable to the penalties denounced by the Alvara of the 26th January, 1818, against those who shall carry on the Slave Trade in an illicit manner. And, as in going or returning, she may, either at Sea, or in Port meet Officers of Ships and Vessels of the same Empire, His Majesty, the Emperor D. Pedro I. orders them not to give her any obstruction; and His Imperial Majesty recommends to the Officers of the Fleets, Squadrons, and Ships of the Kings, Princes, Republics, and Potentates, the Friends and Allies of the Crown, not to prevent her from prosecuting her voyage; but on the contrary, to afford her any aid and accommoda.. tion she may want for continuing the same, being persuaded that those recommended by their Princes will on our part experience the same treatment. In Testimony of which His Imperial Majesty has ordered her to be furnished by this Government with this Passport, signed and sealed with the Great Seal of the Imperial Arms, which shall have validity only for going and returning, and for one voyage alone. Given in the Palace of the Government at Bahia, the twelfth of November, in the Year after the Birth of Our Lord Jesus Christ, one thousand eight hundred and twenty three. Scal. FRANCO E. LISBOA PIRES DE CARVo e ALBUQRE P. (Imperial JOAQUIM JOSE PINHEIRO DE VASCOS S. MANOEL GONSALVES MARIA BETENCOURT. FILISBERTO GOMES CALDRA ANTONIO e AUGUSTO DA SILVA. By order of Their Excellencies, JONATHAS ABBOTT. This Passport, numbered Five, authorizes any number of Slaves not exceeding six hundred and seventy-five, being five heads per two tons, as permitted by the Alvara of the 24th of November, 1813, to be on board of this Ship at one time, excepting always the Slaves |