of the death of the Commissioners, should extend to the case of Vacancies from illness or absence on leave. We have communicated the substance of your Despatch to the Spanish Commissioners, who have not yet received any Instructions from their Government upon the subject in question; they have, however, expressed their readiness to act in the spirit of the intended arrangement, whenever circumstances shall so require it. We have the honour to be, &c. The Right Hon. George Canning. H. T. KILBEE. No. 61.-Messrs. Kilbee and Jameson to Mr. Secretary Canning. (Received April 7.) SIR, Havannah, February 27, 1823. SINCE We last had the honour of addressing you upon the subject of illicit Slave Trade, two Vessels have cleared out from this Port for the Island of St. Thomas, on the Coast of Africa, namely, the Spanish Schooners Descamisada, Don Juan Sandrino, Master, stated in general terms to be laden with effects, and the Amable Socorro, Don José Inzua, Master, with Colonial produce; both on the 1st instant. This last is an old Slave-trader, and we have frequently had occasion to mention her in our Despatches. We have lately had a conversation with the Governor upon the subject of these and the other suspicious Cases mentioned in our Despatch of the 23d January, viz. the Portuguese Schooner Paquete, and the French Brig Coureur. With respect to the latter, His Excellency said that it was very possible they might have been engaged in the Slave Trade, but that the circumstance of their having arrived here in ballast from the Danish Island of St. Thomas, which was all that had been reported to him about them, was certainly not sufficient to justify him in proceeding against them. With respect to the other Vessels mentioned in this Despatch, he said, that their professed object, at least, was not the Slave Trade, but generally to Traffick in golddust, and other productions of the Coast of Africa, which was not prohibited by the Spanish Laws. His Excellency added, that whenever Cases of illicit Slave Trade should be brought before him in a tangible shape, he should be most willing to do all in his power to bring the Offenders to justice. We have the honour to be, &c. The Right Hon. George Canning. H. T. KILBEE. R. F. JAMESON. RIO DE JANEIRO. No. 62.-Henry Hayne, Esq. to the Marquess of Londonderry. (Received April 20.) (Extract.) Rio de Janeiro, January 16, 1822. WHEN two months had elapsed, from the time of transmitting the Sentence passed by the Mixed Commission on the Schooner Emilia to the Judge of Contraband, it being notorious that she still remained unsold, I thought, my Lord, that ample time had been allowed, not only to execute the Sale, but even to settle the Accounts. I therefore availed myself of an opportunity, on the 27th of November, at the Court of the Commission, to state my sentiments to the Portuguese Commissary Judge on the subject, and to beg that he would urge his Government to give direction for her immediate sale; and for your Lordship's information, I beg to inclose the Protocol of the day, which was transmitted to this Government by the Portuguese Commissary Judge: in reply to which, Senhor Vieira, the Minister for Foreign Affairs, addressed a Portaria, or Official Note, to the Portuguese Commissary Judge, asserting, that in making such representations I had exceeded the limits of my functions in a matter unauthorized by the Convention and its Regulations, and that my Portuguese Colleague had arrogated to himself a diplomatick character in condescending to reply to my unlawful requisitions, for which he is reprimanded and peremptorily ordered neither to reply to similar requisitions nor to transmit them to his Government. I beg to inclose a Copy of this Document. A stop being thus put, my Lord, to the usual mode of proceeding of the Commission, and the value of the Vessel daily diminishing, I addressed a Note on the 13th of December to His Majesty's Acting Consul-General, stating the Case and suggesting that the sale of the Vessel, by the appointed Authority, should be formally urged, and that the Alvará should be applied to the Offenders, or the reason assigned for its not having been done. I trust it will appear evident that no exertion has been wanting on my part to bring this tedious Case to a close, the unsettled state of the Country, in addition to the causes above-mentioned, will account for its delay. I have the honour herewith to transmit for your Lordship's information, a list, with particulars, of the Slave Vessels, and number of Slaves that were imported into this harbour during the year 1821. The Marquess of Londonderry, K.G. HENRY HAYNE. (Inclosure 1.)-Protocol respecting the sale of the Emilia. (Translation.) Session, November 27, 1821. THE British Commissary Judge represented that he had an especial recommendation from his Government to urge the sales of condemned Vessels without loss of time, and this through the medium of the Portuguese Commissary Judge; and two months having elapsed since the Commission sent the Sentence of Condemnation of the Schooner Emilia to the Superintendent of Contrabands, with the intention that this Magistrate should proceed with the sale according to the Alvará of 26th January 1818; and the said Magistrate not having yet sent the proceeds of the sale, which he has not yet made, as is publick and notorious, begged the Portuguese Commissary Judge would transmit to his Government this Protocol, and request that there should be no more delay in executing the said sale, because all Vessels in such a state must daily deteriorate and lose their value. To which the Portuguese Commissary Judge answered, saying, "that sales made judicially in the Portuguese Dominions had their formalities marked by law; that it appeared to him that the Schooner was not sold, because no one would advance upon her valuation, and in such a Case the law requires a new one to be made, and which necessarily must take time; and to this casualty the delay ought to be attributed, and to no other reason; however, he would transmit the Protocol to his Government, as the British Commissary Judge requested." The said British Commissary Judge also represented, "that he had asked the Portuguese Government, only for the sake of humanity, to use all possible promptitude in the apprenticing of the Free Blacks; however, he knew that there were some of these unfortunate people in the Lazaretto to be hired, even to this day." In such a case, guided by the same sentiments of humanity, he requested "that, in conformity to the Convention, and Alvará of 26th January 1818, the Portuguese Government would provide that those people should be freed from that species of prison in which they are, and give them that destination which the said Convention and Alvará require." The Portuguese Commissary Judge answered, "that the Free Blacks had been all hired out in proper time, but those that had remained in the Lazaretto were there, because those who had hired them had not fetched them away, though intimation had been sent to them by the competent Judge, according to law, and he knew that by request of the Curator they were providing the means to hire them out anew, and that it would be effected in a few days; but he would make known to the Government the British Commissary Judge's humane intentions, according to his wishes." The Session was finished. BRAZ MARTINS COSTA PASSOS. (Inclosure 2.)-Portaria of the Minister for Foreign Affairs to the Portuguese Commissary Judge.—(Translation.) THE Note of Jozé Silvestre Rebello, the Commissary Judge of the Mixed Commission, being presented to His Royal Highness The Prince Regent, dated the 28th November last, with a Copy of the Protocol of the Session of the antecedent day, done in the Mixt Commission, including the answers which the said Commissary Judge readily gave to the two representations of the British Commissary Judge, in which he complained of the delay of the sale of the Captured Schooner, Emilia, and of the hire of some of the Free Blacks, who still remained at the Lazaretto to be hired; His Royal Highness orders the Secretary of State for Foreign Affairs to declare to the said Commissary Judge, José Silvestre Rebello, that, the duties of the Mixt Commission being prescribed and regulated in the 8th Article of the Additional Convention of 1817, and in the Regulations for the Mixt Commission No. 3, in making similar representations the British Judge exceeded the limits of his functions, and that in an Official manner which the above mentioned Convention and Regulations do not authorize; not being able in the least to support his ground with the alledged motives of humanity for those Free Blacks, nor in the least with any especial recommendation that he may have from his Government; nothing of these gives him a right to call this Government to an account, with whose administrative routine he must conform: the conduct of the aforesaid Portuguese Commissary Judge being on this occasion less regular, as well for wishing to exceed his duty and arrogate to himself a diplomatick character with his Government, as his condescension to the unlawful requisitions of the British Judge, going so far as to state them to be moderate. Also His Royal Highness orders me to warn you, that as often as requisitions of that nature shall be directed to you, exceeding the letter of the Regulations, you will peremptorily and finally refuse to reply to the same, and to transmit them afterwards to the Government in an Official manner, assuming a publick character which as yet has not been confided to you; recollecting likewise, your unseasonable replies only tend to anticipate the intentions of the Government, which alone is competent to decide the infractions which might occur in the execution of the Treaties; and lastly, that the said Commissary Judge having so understood should conduct himself accordingly. Palace, 3d December, 1821. FRANCISCO JOZE VIEIRA. |