board, and it was perfectly evident that the Master knew that he was not safe from seizure, under the said Treaty and Convention thereto, had he not taken Certificates, as provided for by the Additional Article to the Treaty, signed at Vienna, 22d January 1815, from the Portuguese Authorities at Angola for the 3 domestick Men Slaves he had on board as Sailors; and from that circumstance alone, he must have known it was equally incumbent upon him to have Certificates from the same Authorities for the Girls, as domestick Slaves, according to the Additional Article to the Treaty before quoted, and although it was proved that they had been shipped within the limits prescribed by the 2d Article to the Convention, yet the acknowledgment of the Master that she was not permitted to trade in Slaves, her being without the requisite Certificate from the Authorities at Angola, to prove that they were domestick Slaves, and the proof that they were actually on board as Slaves, with no Passport authorizing the Vessel to carry them, all combined to bring her within the penalties of the Treaty and Convention, and made her liable to confiscation. The Court, therefore, condemned the said Schooner Tres Amigos, her tackle, apparel and furniture, and the goods, wares and merchandize laden therein, as good and lawful Prize, and as taken in such illicit Traffick by a Tender of His Majesty's Ship North Star, Septimius Arabin, Esq. Commander, and emancipated the 3 Slaves.

H. LUMLEY.
WM. SMITH.

No. 67.-His Majesty's Comm". to Mr. Sec. Canning.-(Rec. July 27.) SIR, Sierra Leone, May 17, 1827. WE have the honour to enclose, with the present Despatch, the Report of the Case of the Brazilian Sloop Conceição Paquete do Rio, of Pernambuco, commanded by Manoel Francisco de Silva Araujo, which was captured off the River Benin, in Latitude 5. 44. North, on the 22d of March, 1827, by His Majesty's Ship Maidstone, Commodore Charles Bullen, C. B. Commander, for a breach of the Treaty and Convention between Great Britain and Portugal, for the suppression of the illicit Traffick in Slaves, and of her Imperial Passport, No. 20, dated Pernambuco, the 24th of January, 1827.

The Master made a Claim for this Vessel, together with costs, damages, and expenses, on the ground that she was specially permitted by her Passport to come to the Northward of the Equator, and in his Evidence deposed, in addition thereto, that foul winds, want of water, and his Vessel leaking, obliged him to come to the Northward of the Equator, in which he was supported by Pauline Jozé, a Witness in the Cause, all of which Evidence was most fully and most satisfactorily disproved. This, together with her being irregularly licensed to touch at the Islands of St. Thomas and Princes in her Passport, in which she was under an obligation solely to enter such Ports on the Coast of

Africa, where the Slave-trade is permitted to the Subjects of the Empire of Brazil, led to her Condemnation on the 15th of May, 1827.

We have, &c.

The Right Hon. George Canning.

H. LUMLEY.
WM. SMITH.

(Enclosure.)-Report of the Case of the Brazilian Sloop Conceição Paquete do Rio, Manoel Francisco de Silva Araujo, Master.

THIS Vessel, of the burthen of 77 tons, commanded by Manoel Francisco de Silva Araujo, and owned by Francisco Mamede d'Almeida, both Brazilians and Subjects of that Empire, sailed from Pernambuco for Molembo, on the 28th of January last, furnished with an Imperial Passport, No. 20, dated Pernambuco, 24th day of January, 1827, authorizing her to take any number of Slaves not exceeding 192, with leave to call at the Islands of St. Thomas and Princes, on the Coast of Africa, but being under an obligation" to enter solely such Ports on the Coast of Africa where the Slave-trade is permitted to the Subjects of the Empire of Brazil," and was captured off the mouth of the River Benin, otherwise Formoso, on the morning of the 22d of March, 1827, by His Majesty's Ship Maidstone, Commodore Charles Bullen, C.B. Commander, who in his Declaration states "that, on the 22d day of March, 1827, being cruizing off the entrance of the River Benin, in Latitude 5. 44. North, he detained the Cutter or Sloop Conceição Paquete do Rio, sailing under Brazilian Colours, commanded by Manoel Francisco de Silva Araujo, hovering off the entrance of the River Benin, in Latitude 5. 44. North, in the Bight of Benin, a noted Slave-haunt, and by his own confession awaiting the rising of the tide to allow him to proceed in, as he states, to repair leaks, whereas the Carpenter of His Majesty's Ship under my command, by my direction, has thoroughly examined the said Vessel, and reports that no such leaks exist; that on the contrary, the bilge water is actually stinking in her hold, with no pumps rigged for the purpose of freeing her, did such reported leaks exist, and which the said Carpenter is ready to make oath to the truth of such his statement. All this being effected 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, as well as 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 Imperial Passport, No. 20, dated the 24th of January, 1827, irregularly licensing her to touch at the Islands of St. Thomas and Princes, and by virtue of the Correspondence of Mr. Chamberlain, formally calling on the Brazilian Authorities to forbid the practice of issuing these Licences, and by reason of which His Majesty's Naval Forces were authorized to deal with those Vessels according to the existing Treaties with Portugal, contained in a Letter to me from the

Right Honourable the Lords Commissioners of the Admiralty, I have detained her for being so irregularly licensed, and sent her to the Sierra Leone Mixed Commission Court for Adjudication. And I do further declare, that on my first seeing him, he made sail from the said River, the better, in my opinion, and for no other purpose than, to enable him the time to draw up the Document No. 6, forwarded with the Vessel's Papers, the ink of which was scarcely coloured at the time of its being given to the boarding Officer, and which was not done until he found I intended to detain his Vessel."

She arrived in this Harbour on the 27th of April, and the same day the Sloop's Papers were brought into Court, duly attested by the Affidavit of Morris Hughes, Gunner of His Majesty's Ship Maidstone, Prize-Master, and the usual Monition prayed for, with leave to file Evidence; which being granted, the Monition went forth the same day, and was returned on the 5th of May, certified to have been duly served.

The Master, in his Examination on the Standing Interrogatories, deposed, "that he did not know upon what pretence or for what reason the Sloop was seized; that the present Voyage commenced at Pernambuco, and was to have ended there; Pernambuco was the last clearing Port the Sloop sailed from previous to Capture; the Sloop did not anchor or touch at any Ports or Places during the Voyage in which she was taken; after she was taken by the Capturing Ship, she was brought to an anchor by order of her Commander, and it was in 5. 44. Latitude, North of the Equator; the reason of her being in that Latitude was, because she could not reach St. Thomas or Princes Islands, where she had permission to touch at, in her Imperial Passport; and when the wind blew strong, she leaked much, and she was, at the period of Capture, endeavouring to get into the Rio Formoso to repair the leak, as also to procure fresh water; the night before she was taken, at 8 o'clock, the land was seen, and she was then in 3 fathoms water; the next morning the River was seen, and at 8 o'clock the capturing Ship was first observed, and at 12 o'clock the Sloop was captured; the capturing Ship, on closing, hoisted French Colours and Pendant, and fired a gun, and seized the Sloop under those Colours; English Colours were not shewn, either before or after capture; had no communication with the shore at all; the exact Place of capture was at the mouth of the Rio Formoso, in Latitude 5. 44. North of the Equator; the Sloop was tacking occasionally at the mouth of the said Rio Formoso, waiting for the flood-tide to go in; her course was not altered during the Voyage in which she was taken, excepting on first leaving Pernambuco; when she had run into 14. South, she met contrary winds, which drove her to the North, and, although she constantly kept upon the wind, she ultimately could only fetch Rio Formoso." He further deposed, "that Francisco Mamede d'Almeida, of Pernambuco, a Subject of the Empire of Brazil, was the sole Owner of the

Sloop, and of the Cargo of merchandize on board her, and that the said merchandize was to have been delivered at Molembo, for his real account, risk, and benefit; no Slaves had been taken on board during the present Voyage; that all the Passports and other Papers which were found on board are entirely true and fair, none false or colourable; the Sloop was provided with an Imperial Passport to take Slaves from Molembo, in 5. 12. Latitude South of the Equator, with permission therein to touch at the Islands of St. Thomas and Princes, and he intended to exchange aquadente and tobacco there for tortoiseshell for the Owner, and to take in provisions also; bulk had not been broken during any part of the Voyage, nor had bulk been broken since Capture, that he was aware of."

Pauline Joze, a Sailor on board of the said Sloop, deposed, that he does not know upon what pretence or for what reason she was seized; the present Voyage commenced at Pernambuco and was to have ended there; Pernambuco was the last clearing Port previous to Capture; the Sloop did not anchor or touch at any Ports or Places during the Voyage in which she was taken; after leaving Pernambuco, she encountered foul winds, and could not get to the Southward, when the Master called the People aft, and protested that he was obliged, in eonsequence of the foul winds and the Sloop leaking much when the wind was fresh, to bear up to a Port to the Northward, to caulk the Vessel and to get fresh water; does not recollect the date the Protest was made; the land was made at 8 o'clock the night before the Sloop was taken, she being then in 3 fathoms water; no communication took place between the Sloop and the shore; he does not know the Place, Latitude, or time the capturing Ship was first observed; the Place of Capture was at the mouth of a River, but he does not know its Name or Latitude; she was tacking occasionally, waiting for the tide to get into the River, when she was captured; he does not know who was the Owner of the Sloop, nor the Owners, Laders, or Consignees of the Cargo of merchandize laden on board her; knows it was to have been delivered at Molembo, because his name was entered in the List of the Crew to go there to deliver it; no Slaves had been taken on board during this Voyage; bulk had not been broken this Voyage; bulk had not been broken since Capture."

On the 4th of May, the Master petitioned the Court to be allowed to file a Claim for the Sloop, together with an Affidavit in support of the same, which was granted. In this Affidavit he swears, "that he is a Subject of His Majesty The Emperor of Brazil, and was Master of the said Sloop at the time of the Capture thereof, by His Majesty's Ship Maidstone, Commodore Charles Bullen, C. B. Commander; and that the said Sloop was so captured on the 22d day of March last, in the prosecution of her Voyage from Pernambuco to Molembo, and brought to Sierra Leone; that Francisco Mamede d'Almeida, of Per

nambuco, a Subject of his said Majesty The Emperor of Brazil, was at the time of the said Capture, and now is, the true, lawful, and sole Proprietor and Owner of the said Sloop Conceição Paquete do Rio, her tackle, apparel, and furniture, and of the Cargo on board the same ; that he verily believes the said Sloop and Cargo are protected by the Treaty or Convention between His Britannick Majesty and His Most Faithful Majesty the late King of Portugal, and that he was specially permitted by his Passport to come to the Northward of the Equator; that no Person or Persons other than the Person before named, have any right, title, or interest in the said Sloop, her tackle, apparel, and furniture, goods, wares, and merchandize on board the same, at the time of Capture and Seizure thereof, and that he is duly authorized to make the Claim annexed, and that the same is a just and true Claim.”

On the 12th of May, the Proctor for Captors filed an Affidavit of Morris Hughes, the Prize- Master, and Henry Lacon, Midshipman, on board the said Sloop with him, setting forth, "that on their going on board the said Vessel, the Deponents found the bilge-water of the said Vessel very offensive and stinking, and the Deponents did find two feet of water in the said Vessel's hold, and the said Deponents do solemnly declare and make oath, that they verily believe that the said Vessel had not been pumped for a very considerable time before Capture, that they caused the said Vessel to be immediately pumped out, and after 12 hours she was found to have made at the rate of 3 inches in that time; that a day or two after Capture, the said Sloop was taken in tow by His Majesty's Ship Maidstone; that while the said Vessel was thus towed, a tornado came on, and the said Vessel's bows were at times under water, and she did at that time ship a quantity of water, which entered by the fore-peak of the Vessel; that by reason thereof, on being examined, at the end of the following 24 hours, she was found to have made 12 inches in that period; that, since being cast off from the said Frigate Maidstone, and during the whole of the passage to this Harbour of Sierra Leone, the said Sloop has never been found to make other than from 5 to 7 inches of water every 24 hours ; that during the Passage, and since parting from the Frigate Maidstone, which took place on the 7th day after Capture, and until the said Sloop arrived at Sierra Leone, the Deponents caused the said Sloop to be pumped each night and morning, and that no more was necessary, and that one person each time, making two spells at the pump each time, was able to pump the said Vessel clear of water; and that, at this present time, the said Sloop does not exceed 5 inches of water in 24 hours."

But the Court considering that proof of the fact set forth in that Affidavit might be further substantiated, decreed on the same day, a Commission of Survey to issue to Mr. Cole, Surveyor to the Courts of Mixed Commission, Nathaniel Thomson, Harbour Master, and