(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, Jozé 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 Commisary Judge having so understood should conduct himself accordingly.

Palace, 3d December 1821.

FRANCISCO JOZE VIEIRA.

(Inclosure 3.)-List of Slaves Imported at Rio de Janeiro during the

No. 63.-Henry Hayne, Esq. to the Marquess of Londonderry. (Received April 20.)

(Extract) Rio de Janeiro, February 16, 1822. On the 16th ult. I had the honour of addressing your Lordship on the subject of the causes of delay in the execution of the Sentence of the Mixed Commission in the Case of the Emilia; I now beg leave to transmit to your Lordship the Copy of a Note from His Britannick Majesty's Consul General, in reply to my Letter suggesting his interference, together with his Note to the Minister for Foreign Affairs (Senhor Vieira), and His Excellency's Answer, which inclosed a detailed and unsatisfactory account from the Judge of Contraband, of which I also beg to inclose a Copy, stating why the sale had not taken place, and attributing the delay to an exorbitant valuation, the want of bidders, and the accustomed forms of the law and with regard to the prosecution of the Officers of the condemned Vessel, the said Judge openly declares, that he has not carried into execution the 1st Article of the Alvará, which prescribes the penalties to which those who infringe the Law are liable, because, in the first place, the Sentence, of which he is the mere executor, does not condemn them; and, in the next, because he has received no denunciation against the Parties, without which he cannot prosecute, and in this opinion he is most fully supported by Senhor Vieira, the Minister for Foreign Affairs, in his reply to the acting Consul-General. Relative to the first Question, of unnecessary delay in executing the sale of the Vessel, there can be little doubt of it, though it is made to appear that the accustomed legal form of sale required it; but that may always be contrived, and is the great objection to the sale being taken out of the hands of the Commission: and I feel confident, my Lord, that had the Alvará not placed the sale in the hands of the Judge of Contraband, the business would have been accomplished, and the product remitted three months since, with a saving of at least 10 per cent.

As the Commission did not feel authorized to sentence the Offending Parties concerned, when condemnation was passed on the Vessel and Cargo, I proposed, my Lord, that a Copy of the Matricula, with notes from the evidence before the Commission, signed by my Colleague and myself, should be transmitted to the Judge of Contraband, with a view of assisting him in the prosecution, a Copy of which, as well as the Note which accompanied it, I have the honour of inclosing for your Lordship's information. Notwithstanding all that has been said and done these men are at large, without any notice having been taken of them, at liberty to resume their inhuman profession, to which they will most probably return, exasperated against their late Captors, doubtless with a determination to reek their vengeance on them whenever an opportunity may offer, and with confidence that the penalty of the Law will not be visited on them in the event of a second Capture. By insisting on the Law being carried

into full effect I feel persuaded that many would be deterred from engaging in the Traffic; and at least those detected would be incapacitated from resuming it.

The Marquess of Londonderry, K.G.

HENRY HAYNE.

(Inclosure 1.)—The Deputy Consul General to The British Commissary Judge.

SIR,

Rio de Janeiro, January 7, 1822.

I HAVE had the honour to receive your Letter of the 12th ultimo, in which you acknowledge the receipt of mine, dated 30th November, inclosing a Copy of my representation to the Minister, Senhor Vieira, on the subject of the delivery of the Slaves to their Owners, being part of the Crew of the Emilia Schooner, condemned by the Mixed Commission, together with a Copy of His Excellency's Reply thereto.

I have also to acknowledge the receipt of yours, dated on the following day, informing me that, in pursuance of your Instructions to urge your Portuguese Colleague to proceed to the sale of all condemned Vessels, as soon after condemnation as possible, you, on the 26th of November, represented to the Portuguese Commissary Judge, at the Court of the Commission, that two months had elapsed since the condemnation of the Emilia, but that the Vessel was still unsold, to her extreme prejudice and daily deterioration; and that, therefore, you begged he would represent the Case to his Government, that there might be no more delay in the execution of the Sentence.

This, it appears, the Commissary Judge complied with, and accordingly transmitted the Protocol of the day to the Minister for Foreign Affairs, a Copy of which you inclose to me, together with a Portaria to the Commissary Judge, reprimanding him for answering your questions, and forbidding him to reply to them in future, or to transmit them to him. You, therefore, state this Minister's extreme want of liberality towards the Commission, and very justly complain of the unwarrantable delay in the execution of the Sentence: and, in your own justification, most truly say, that the system pursued in this instance is precisely in unison with that adopted from the first installation of the Commission. Under these circumstances, it became necessary for me to represent to His Excellency, Senhor Vieira, the great delay and procrastination of which you complain, in your two above-mentioned Letters to me; and accordingly on the 21st ultimo, I addressed His Excellency in a Note, dated 21st December, a Copy of which I have now the honour to inclose, together with a Copy of his Reply thereto, accompanied by a Copy of a Letter from the Judge of Contraband, in answer to a Letter from His Excellency, dated 29th December, and which I also inclose you a Copy of, and I have to lament their contents are not of a more satisfactory nature; for you will observe that Senhor Vieira is totally silent upon the subject of any punishment's being in