(Inclosure.)-Abstract of the Case of the Ship Donna Eugenia, under Portuguese Colours, Manoel Jozé Silveira Master.

THE Donna Eugenia of 154 tons burthen, was fitted out at Pernambuco for a Slave-trading Voyage to Cabinda and Molembo, Places situated to the South of the Equator; she was provided with the Royal Passport required by the Slave-trade restriction Treaty, and with the usual Official Documents, to enable her to engage in a legal traffick in Slaves. She was armed with 6 twelve-pound guns, and manned with 25 Men; the Papers exhibited in Court pointed out Manoel Louis dos Santos, a Native of Oporto, but residing at Pernambuco, as the Owner of the Vessel; but there was nothing shown that proved his title to her. The Vessel was to return to Pernambuco from Cabinda and Molembo by the way of Parà.

On the 16th December, 1820, the Donna Eugenia sailed from Pernambuco; when advanced in the Voyage, a Protest was made by the principal Officers of the Vessel, and Seamen, dated the 9th January, 1821, latitude 21 degrees, 30 minutes south, and longitude 16 degrees, 51 minutes west of Greenwich, declaring, that in consequence of the Vessel being in a leaky state, they found it necessary to steer their course towards the Islands of St. Thomas or of Princes, in order that the Vessel might be there repaired, to enable her to proceed on her Voyage to the Places mentioned in her Passport. It did not appear however that they ever touched at those Islands, but it appeared from the declarations of the Master and of the Seamen examined, that they went into the river Bonny, and that there finding the trade advantageous, they commenced trafficking in Slaves; whilst they were pursuing this traffick, the Donna Eugenia was captured on the 24th March, with 83 Slaves on board, by boats from His Majesty's Ship Tartar, Commodore Sir George Collier, and from His Majesty's Brig Thistle, Lieutenant Hagan.

Leone.

Five of the Slaves died on the passage to Sierra

The Court on a review of the Evidence, of which the foregoing is the Abstract, decreed the Condemnation of the Ship Donna Eugenia, her tackle, apparel and furniture, and decreed the emancipation of the 78 Slaves remaining on board of her, and that they be delivered over to the Governor of the Colony, to be employed as servants or free labourers.

A suggestion having been made by Sir George Collier, that measures should be taken to secure the Person of Manoel Jozé Silveira, the Master, in order to his being tried by the Laws of his Country, it was left to Mr. Altavilla to determine whether he would send the Individual pointed out, to be prosecuted in the manner desired. Mr. Altavilla observed that he had no facilities of conveying such Persons to a proper Tribunal, with the means of convicting them; but he had no objection that this should be done by Sir George Collier, if Sir George should think fit to do so.

The British Commissioners think it right to say, that they do not find any thing in the Case to call for an extraordinary measure.

The firing on the boats is explained by the assurance, that, owing to the darkness of the night, they were taken for Native Canoes; as soon as it was ascertained that they were English, the firing ceased. E. GREGORY. EDWARD FITZGERALD.

Sierra Leone, 19th May, 1821.

No. 79.-Messrs. Gregory and Fitzgerald to Viscount Castlereagh.— (Received September 10.)

(Extract.)

Sierra Leone, 6th June, 1821.

THE arrivals of Slave-vessels taken at considerable distances from this Place, have recently presented the Slaves on board to the Mixed Courts in circumstances of reduced health, more or less extensively diffused, in consequence of long Voyages, and generally also of crowded condition.

In such circumstances, the duties of humanity have pre-eminence over every other object, and your Lordship will perceive, that from the moment that a case of that nature was brought under our notice, we gave our first attention to those duties.

In the Case of the Spanish Slave Schooner Anna Maria, prize to His Majesty's Ship Tartar, brought in here on Sunday the 13th of May, it was intimated by the Prize Master, Mr. Hudson, when he came to deposit the Papers of the captured Vessel in the Registry, on the morning of Monday the 14th, that some of the Slaves were in want of medical aid, and of some immediate measures of relief. It was recommended as the proper course of proceeding, that a Petition should be presented immediately, setting forth the fact, and praying the necessary measures of relief, for which the Court would instantly adopt such proceedings as would appear best suited to the object. This was before the meeting of the Court. Subsequently, when the Court met, the Registrar was directed to give his assistance in the preparation of the Petition, a Copy of which was made out as soon as possible, and forwarded to his Honour the Acting Governor, with a Note requesting that he would order a medical Officer to visit the Anna Maria, and to report to the Commissioners upon the matter of the Petition.

The Court prolonged its sitting purposely to receive the Report expected in pursuance of the request addressed to the Acting Governor, and at length adjourned to the next day, giving directions to the Marshal to co-operate, without delay, in the accomplishment of such landing as the medical Officer should advise.

On the meeting of the Court, the next day, no Report was yet made; but the Commissioners were informed by the Marshal, that considerable delay had occurred in the arrangements for the landing of the sick the preceding evening, insomuch, that it was thought proper

to defer it until the morning, when, upon his going on board, he found the whole of the Slaves in progress of disembarkation. The whole of the Slaves were in fact already landed.

The British Commissioners were exceedingly distressed at an event which might be considered as indicative of a premature judgment, or rather an abstraction of the property before any judgment could be formed; but his Honour the Acting Governor, on representation from the Commission, explained the circumstance, by attributing the total landing, in the particular instance, to a misunderstanding in the communication of the Acting Marshal with him on the 14th ultimo, touching the landing of the sick.

Shortly afterwards, the Portuguese Slave Ship Donna Eugenia, prize to the Tartar, was brought in on the 17th of May, and was immediately after visited by medical Officers. But no Report was made to the Commissioners. On the next day, however, Doctor Nicoll, Deputy Inspector of Hospitals, and Chief of the Medical Staff of the Colony, put into the hands of His Majesty's Commissary Judge, a Report made to him, and this Paper was laid before the Court, on its meeting, the same day, by Mr. Gregory.

The Court proceeded to consider the Case of the Ship Donna Eugenia, Prize to His Majesty's Ship Tartar, and to examine Witnesses; but very little progress was made in consequence of an interruption.

As soon as the Court could resume the examinations, all possible expedition was used to authenticate the material facts, so as to expe. dite the total landing of the Slaves, if that measure could with propriety be adopted. In consequence of the frank avowal of the Master, that he had taken in his Slaves in the River Bonny, North of the Line, considerable progress was made; and, after further proceedings being had, the recommendation of a general and immediate landing, was left by His Majesty's Commissioners to the discretion of Mr. Altavilla, who, as the Case was now nearly decided by the full evidence required according to the Convention, was not desirous of interposing any further delay. The Marshal was forthwith directed to make his arrangements for a general landing accordingly.

What may be expedient in long protracted Suits in contested Cases, has, happily, not been hitherto under our consideration. We think it best to leave such Cases to be adjusted according to the existing circumstances whenever they may arise.

Looking to the Cases which have hitherto occurred, and to those which may be expected in the ordinary course, we have not a doubt that a total landing before adjudication, unless in circumstances of illhealth, or other distress amounting to an absolute necessity, would be extremely disagreeable to the Foreign Commissioners, as well as to the actual holders; and, if adopted as a general principle of practice, we

are satisfied it would be equally offensive to the Foreign Governments and Nations.

We presume to hope that our proceedings in these instances, and the view that we take of our duty, will meet with the approbation of your Lordship.

Viscount Castlereagh, K.G.

E. GREGORY.
EDWARD FITZGERALD.

No. 80.-Messrs. Gregory and Fitzgerald to Viscount Castlereagh. (Received September 10.)

MY LORD,

Sierra Leone, 6th June, 1821. For the information of your Lordship, we have the honour to inclose an Abstract of the Case of the Portuguese Brigantine Constante, Antonio da Costa Jardim, Master, captured on the 9th of April last, in Old Calabar River, Latitude 4 deg. 32 min. North: Longitude 8 deg. 34 min. East, by the Boats of His Majesty's Ship Tartar, Commodore Sir George Collier, and from His Majesty's Brig Thistle, Lieutenant Hagan; brought into Sierra Leone on the 3d instant, and condemned as Prize on the 5th instant.

In this Case, Mr. Altavilla felt considerable difficulty, from the want of those Witnesses, which the 3d Article of the Instructions for the Mixed Commissions annexed to the Convention points out, " 2 or 3 at least of the principal Individuals on board the detained Vessel," in addition to the Master. The only Witnesses beside the Master, were the 2 black Sailors, mentioned in the Abstract. The examination of some of the Slaves taken at Calabar was proposed as a substitute; to this Mr. Altavilla agreed, but not without some objection, for he observed, that the Depositions of these Persons could hardly be admitted as evidence, and that it was departing more widely from the description of Witnesses pointed out by the Treaty. But as there was not any other mode of getting through the Case, and as the fact of taking in Slaves at Calabar, North of the Line, was easily established by the concurrent testimony of those Slaves, Mr. Altavilla concurred readily in the propriety of a Decree of Condemnation.

Further we do not find any circumstances connected with this Vessel of sufficient importance to be submitted to your Lordship.

We have, &c.

Viscount Castlereagh, K.G.

E. GREGORY.
EDWARD FITZGERALD.

(Inclosure.)-Abstract of the Case of the Brigantine Constante, under Portuguese Colours, Antonio da Costa Jardim, Master.

THIS Vessel was of about 95 tons burthen, had 3 guns, 9-pounders, and a Crew of 21 Men. Her Owners were Carlano Raimundo de Navaes of Princes Island, and Domingo Peres dos Santos Chaves, of Bahia.

She had no Royal Passport, but she had a printed Copy of the Convention of the 28th of July 1817. The Brigantine was captured by Boats from His Majesty's Ship Tartar, Commodore Sir George Collier, and from His Majesty's Brig Thistle, Lieutenant Hagan, on the 9th April, 1821, in Old Calabar River, Latitude 4 deg. 32 min. North; Longitude 8 deg. 34 min. East.

The Master asserted, that the Constante was equipped at Bahia in the Brazils, for a Slave-trading Voyage to Cabinda, situated to the South of the Line; that, with a view of prosecuting this Voyage, the Vessel touched at Princes Island; that she was there cleared out for Cabinda, to which part of the Coast he subsequently went in her, and purchased 219 Slaves, which were put on board of the Constante; that after some time, the Vessel being in want of provisions, he took her into Old Calabar River, and there purchased about 26 Slaves, and shipped them on board of his Vessel.

This assertion of the Master, that the Constante sailed originally from Bahia, and that she took in part of her Slaves at Cabinda, passed uncontradicted, as the Court could not obtain from 2 other Witnesses who were examined, (they were black Portuguese Sailors, and the only part of the Portuguese Crew left on board) any decisive evidence on this point. One male and 3 female Slaves taken on board at Ephraim's Town in Old Calabar River, declared that a considerable number of other Slaves, as well as themselves, were shipped at that Place. This concurrence was sufficient to satisfy Mr. Altavilla, who had before made some difficulty on account of the absence of the testimony of "2 or 3 at the least of the principal Persons on board of the captured Ship, as well as that of the Master," according to the tenor of the 3d Article of the Regulations annexed to the Convention: these Persons were absent in consequence of being on board His Majesty's Ship Tartar, as being dangerous characters and likely to excite a revolt.

The Commissioners being therefore unanimous in the opinion, that the Constante was engaged in an illegal traffick in Slaves to the North of the Line, adjudged her in consequence to be condemned as Prize, and her Slaves, wherever taken on board, to be emancipated, and to be delivered over to the Governor of the Colony, to be employed as Servants or free Labourers.

About 245 Slaves were said to have been on board of the Constante at the time of Capture. Owing to the small size of the Vessel, the Captor, Sir George Collier, deemed it proper to remove part of the Slaves into His Majesty's Ship Tartar. Eighty of the Slaves were left on board the Brigantine; during the passage to Sierra Leone, 11 of this number died.

Of the Negroes removed from the Constante into the Tartar, 30 were put on board of His Majesty's Brig Thistle; 22 of this number reached Sierra Leone, 8 died on the passage.