the Coast, instead of the Master's passing Elmina, Accra, Cape Coast, and other Places, in order to get to the noted Slave-haunt of Badagry? The objects, however, of this Vessel's going to that Port were clearly obvious, from other parts of the Evidence, and the want of provisions and water a mere pretext for doing so. The Master states, in his Answers to the Standing Interrogatories, that the Consignee of the merchandize on board the Vessel was the Supercargo, and that he went on shore at Badagry on the Vessel's first reaching that anchorage. Here, then, according to the Master's own account, and allowing full time for the Vessel running from Cape Three Points (the land first made on the 17th of December) to Badagry, the Supercargo must have been on shore 80 days, with a great part of the Cargo with him, and, during which time, constant communication took place, by means of the Native Canoes, with the shore; the only trade the Supercargo could be making for so long a time at this Slave-haunt, the Court was of opinion, must be the purchase of Slaves; it would be absurd to think, that so much time, under any other pretence, would have been spent. As to the receiving the 69 kegs of powder on board, it might have been to apply in a like barter at one of the other Slave-haunts in the Neighbourhood, where that article was in demand; no doubt existing that the Cargoes of Slaves are procured from the different Places in the Bight of Benin, between Whydah and Lagos. The falsifying the Log is also in itself conclusive proof that the Master in this Case was clearly aware of the illegality of his proceedings.

The Court met for Adjudication in this Case on the 30th of April, 1827, when the Master and Claimant handed in a written defence, word for word similar to that presented in the Case of the Tenterdora, condemned the same day, and which, of course, could only be considered by the Court in the same light.

The Evidence, in the opinion of the Commissioners, being conclusive as to the violation of the Treaty, and Additional Convention thereto, on the part of this Vessel, (as in the Case of the Tenterdora), the Court decreed the Condemnation of the Venturosa, her Cargo, tackle, apparel, and furniture, as good and lawful Prize to the Governments of Great Britain and Portugal, and as seized and prosecuted by Commodore Bullen, C. B. Commander of His Majesty's Ship MaidH. LUMLEY. JOS. REFFELL.

stone.

No. 61.-His Majesty's Comm". to Mr. Sec". Canning.-(Rec. July 27.) SIR, Sierra Leone, 5th May, 1827. We have the honour to enclose herewith, the Report of the Case of the Brazilian Brigantine Providencia, Joao Pedro de Souza, Master, condemned in the British and Portuguese Court of Mixed Commission established here, on the 30th of April, 1827.

This Vessel left Bahia in December, 1826, and was detained on the 16th of March, 1827, at anchor off Lagos, in 6. 23. North Latitude, with part of her Cargo landed, but with no Slaves on board, by His Majesty's Ship Maidstone, Commodore Bullen, C.B. Commander, and arrived here on the 19th of April, 1827.

The Passport granted to this Vessel was irregular; giving her permission to touch at this Colony, the Coast of Guinea, St. Thomas and Princes Islands, and the Evidence such as to leave no doubt on the mind of the Court, that she was carrying on the Slave-trade to the Northward of the Line.

We beg leave most respectfully to refer to the Case, which was undefended, for those particulars which led to this Vessel's Condemnation, and to express a hope that our Decision will be approved of.

We have, &c.

The Right Hon George Canning.

H. LUMLEY.

JOS. REFFELL.

(Enclosure.)-Report of the Case of the Brazilian Brigantine Providencia, Joao Pedro de Souza, Master.

THIS Vessel, of the burthen of 147 tons, furnished with an Imperial Passport from Bahia, No. 47, dated the 15th of December, 1826, authorizing her to take 368 Slaves from Molembo, and irregularly giving her permission to touch at Sierra Leone, Coast of Guinea, and St. Thomas and Princes Islands, with the usual and regular obligatory Clause" to enter solely such Ports on the Coast of Africa, where the Slave-trade is permitted to the Subjects of the Empire," was detained on the 16th of March, 1827, off Lagos, in 6. 23. North Latitude, with part of her Cargo landed, but with no Slaves on board, (having been boarded at the same anchorage on the 26th February preceding, by a Boat of His Majesty's Ship North Star, as appears by Indorsement on the Passport,) by His Majesty's Ship Maidstone, Commodore Bullen, C. B. Commander, who states in his Declaration, dated the 16th March, as the reasons for detaining her," that he found her at anchor in the Bight of Benin, off Lagos, a noted Slave-haunt, in Latitude 6. 23. North, with part of her Cargo landed, in traffick for Slaves, as also being repeatedly boarded by the British Squadron employed on the Coast for the suppression of the Slave-trade, at this Anchorage, collecting her Cargo constantly from the 26th of last month, in direct opposition to the true intent and meaning of the 2d Article of the Additional Convention signed at London on the 28th of July, 1817, and of the one to which it refers, No. 1. of the Treaty, signed at Vienna on the 22d of January, 1815; and also in direct contradiction of her said Imperial Passport, No. 47, dated the 15th of December, 1826, irregularly licensing her to touch at the Places before enumerated, and by virtue of the Correspondence of Mr. Chamberlain, formally calling upon the Brazilian Authorities to forbid the practice of issuing those

Licences, and by reason of which His Majesty's Naval Forces were authorized to deal with those Vessels according to the strict tenour of the existing Treaties with Portugal, contained in a Letter to me from the Right Honourable the Lords Commissioners of the Admiralty." The Declaration then goes on to state, "that he (the Mate) produced no Log-Book or Papers of any description, Clearance, &c. reporting that the Master has them on shore with him, and I have every reason to believe her Passport is intended for another Vessel, and that she has been bought from the Americans off this Coast, as can be clearly seen on her stern, that she has been at one time designated the of Providence, and that very recently."

On the 19th of April, the Vessel arrived at this Harbour, and on the following day the Passport, being the only Ship's Paper found on board her, was brought into Court, and a Petition received and granted from the Captor's Proctor, praying for leave to proceed with the Cause, that the said Passport might be filed and the usual Monition issue, which latter went forth on the 21st, returnable on the 29th of the same month.

sailed to, and

From the Evidence of Antonio Jozé da Costa, the Pilot of the Vessel, it appeared" that the sole Owner of the Vessel and her Cargo, was Joaquim Jose d'Oliveira, and that he resides in Bahia, at which Place the Master, Joao Pedro de Souza, received the Command of the Vessel from him, and where he, the Pilot, and the rest of the Crew were shipped; her name is the Providencia, believes she has always been so called, as it is still marked on her stern, in the same manner as when she belonged to the Americans; neither himself, nor either of the Officers and Mariners, had any part, share, or interest in the Vessel or her lading, the same was consigned to the aforesaid Master, and was to have been delivered at Molembo, in South Latitude, for the real account, risk, and benefit of the aforesaid Owner. The present Voyage began at Bahia, and was to have ended there. Bahia was the last clearing Port previous to Capture; the Vessel anchored and touched at, Commenda, Away, and Lagos, in North Latitude, during the present Voyage; she anchored and touched at Commenda and Away to trade for gold, and at Lagos to repair the mainmast, which was rotten, and to purchase provisions and get water, besides which the Master was taken ill at Away, and he, therefore, went on shore at Lagos, to a Factory there, to get medical assistance; the Vessel was at anchor there about 21 days, during which frequent communication took place with the shore by means of the Vessel's Launch, and 2 Canoes from the Factory. The Vessel was captured in the Roads of Lagos, being there at anchor with her topmast struck to repair the head of the mainmast. The Cargo consisted of tobacco, aquadente, iron bars, cloth, and muskets, but he does not know the quantity of each. Some of the Cargo was landed at Commenda,

Away, and Lagos, but he, only being the Pilot, and not having any thing to do with the Cargo, cannot say what quantity was landed. No Slaves had been taken on board during the Voyage; the Master took on shore with him at Lagos, the Custom House Clearances, Manifest, and List of Crew, and all other Papers belonging to the Vessel, except the Passport, which was delivered up to the Captor by himself."

From the further Evidence of the Cook, and a Seaman, of the Vessel in this Case, it appeared" that the gold purchased was taken on shore by the Master at Lagos, and that tobacco, aquadente, and cloth were sent on shore at Commenda, and some muskets and fowls received on board; some of the same articles were also landed at Away and Lagos; at Away some fowls and hogs were received on board, but that nothing was received at Lagos."

There was no Claim in this Case. This, which was the 5th Case before the Court on the same day, was evidently not the least conclusive as to the object of the Voyage, and different from any other Case ever before the Commissioners, from her Imperial Passport, which was the only Paper found on board of her, giving her, a Vessel engaged in the Slave-traffick, the extraordinary Licence to touch at this Colony; a permission as unwarranted as it is contemptuous towards the British Government on this Coast. The Court considered this Case in every other part so exactly similar to the Tenterdora's and Venturosa's, that it only became necessary to point out some particular parts of the Evidence in order to shew that she was amenable to the same consequences as those Vessels.

From the Evidence of the Pilot, and two others of the Crew, it appeared that this Vessel sailed to, and anchored and touched at, Commenda, Away, and Lagos, in North Latitude, and that at each of these Places she carried on a trade with the Cargo of the Vessel, which, however, they say, in another part of their Evidence, was to have been delivered at Molembo, in South Latitude. The Evidence further proves, that the Master went on shore to the Factory at Lagos, taking with him the Custom-House Clearances, Manifest, and List of Crew, and all other Papers belonging to the Vessel, except the Passport. From the date of this Passport, (the 15th of December,) it appears clear that the Vessel must have left Bahia soon after the middle of December, when, allowing her 35 days to make the Coast, (which is ample time), she must have been upwards of 50 days trading upon the Northward Coast, 21 of which, according to the Pilot's own shewing, had been spent at Lagos, the Place of Seizure. It is clear, from the Evidence of the landing of Cargo at 2 other Ports, that the Master's intention was to avail himself most fully of the permission given by his Passport to make trade to the North

ward of the Line, and at the same time, no doubt, make his arrangements for collecting a Cargo of Slaves. The kind of trade he must have been making at Lagos cannot for one moment be doubtful. The fact of his being on shore there, at the noted Slave Factory, (notwithstanding the Evidence of the Pilot, as to his having gone there for medical advice), with a great part of the Vessel's Cargo, landed by means of the Vessel's Launch and Canoes from that Factory, speaks for itself, the only object which could induce the unlading the Cargo, which had been put on board for Slaves, and was to have been, if the Evidence is believed, delivered at Molembo, must have been that the Slaves were being procured at that Port by the Master. The taking on shore the Papers of the Vessel is also the most suspicious circumstance, as unexplained as the necessity which led the Master to go to Lagos. Some mention is certainly made of the repairing the Vessel's mast, but which, with the usual excuse for procuring provisions and water, uncorroborated as it was, could only be looked upon as a pretext for being there. The taking on shore the Papers of the Vessel, combined with the extraordinary and singular privilege given her of touching at this Colony, would almost lead to the belief that they were fictitious Documents.

The Court met for Adjudication on the 30th April, and, as in the similar Cases of the Venturosa and Tenterdora, declared the Vessel irregularly licensed, and as having been found at anchor trading for Slaves to the Northward of the Line, viz. at Lagos, in 6. 23. North Latitude, in violation of the Treaty and Additional Convention between Great Britain and Portugal, and accordingly condemned her, together with the Cargo, tackle, apparel, and furniture, and as seized and prosecuted by Commodore Bullen, C. B. Commander of His Majesty's Ship Maidstone. H. LUMLEY. JOS. REFFELL.

No. 62.-His Majesty's Comm". to Mr. Sec. Canning.-(Rec. July 27.) SIR, Sierra Leone, 15th May, 1827. We have received your Despatch of the 30th of December 1826, referring us, in regard to the Decrees in the Cases of the Activo and Perpetuo Defensor, to the Case of the Sinceridade, in which it is clearly pointed out, that no compensation can, in equity, be due to Traders for losses sustained by them in Cases of Traffick carried on under circumstances which constitute illegal Trade, and approving of the principle upon which the Commissioners acted in the Case of the Perpetuo Defensor, in decreeing the Slaves to be restored to the Master for the use of the Claimant. We have the honour to be, &c.

The Right Hon. George Canning.

H. LUMLEY.

WM. SMITH.