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Slave-trading, and that the Vessel went into Calabar in pursuance of that intent, and for that purpose. This intent, and the situation in which the Vessel was found, słould, he thought, debar the Claimant from damage, although no actual trading in Slaves had been proved.”
Yet in the next paragraph but one, Mr. Fitzgerald adds, “ Upon further deliberation, it appeared expedient to defer the consideration of demurrage and damages until the Claimant should apply to the Court on that head.”
Thus, at one moment, Mr. Fitzgerald decides, the Master of the Gaviao was not entitled to any damages, and in the next he invites the demand ; and, unsupported by one solitary precedent in the British Court of Admiralty since its Decrees have been recorded, he grants demurrage for a period of 7 weeks, commencing after the Vessel had been restored and in possession of the Slave Master.
The whole of the Proceeding appears, to my humble apprehension, so full of contradiction, that it might be difficult to believe the reasoning and the result could come from the same Person, unless it were authenticated so indisputably as not to admit of question.
I presume, therefore, 10 hope that so far from the Master of the Gaviao being considered as justly entitled to the great rewards adjudged to him, it will rather be thought from the several facts as admitted by the Arbitrator, Fitzgerald, that they of themselves afforded grounds of condemnation both of the Gariao and her Cargo; and that, in the seizure of the Vessel, it will seem to their Lordships I was fully justified, which, whatever may be the personal consequences to myself, will be relief and satisfaction to me.
I am so very sensible of the trouble I have given to their Lordships, and to you, Sir, upon the occasion in question, that I will only add, that had the Gaviao been restored without the heavy damages awarded, reasonably as I might have expected her condemnation, I never should have presumed to have made observation or complaint. I have, &c. J. W. Croker, Esq.
GEORGE R. COLLIER.
PAPERS RELATING TO THE SPANISH SCHOONER ANNA MARIA.
Commodore Sir George R. Collier to the Registrar of the Court of
H. M. 8. Tartar, off Bonny, 26th March, 1821. Herewith I take leave to forward you a Declaration made by me, agreeably to the Orders of the Right Honourable the Lords of the Admiralty, and the Treaties for abolishing Slave-trading; also a List of Papers belonging to the Spanish Schooner Anna Maria, therein described.
In doing this particular act of duty, I feel I should ill fulfil the duties falling upon me, from my rank and station on this Coast, if I did
pot describe the horrible state which this Vessel was in when visited by British Officers.
The tonnage of the Anna Maria is under 200; yet had she on board nearly 500 living souls !
The intense heat and filthy state of the Slave rooms (only 2 feet Il inches high) must have made the condition of the poor
miserable Beings, there confined, approach nearer suffocation than any
other. Clinging to the gratings to inhale a mouthful of fresh or pure air, and fighting with each other for a taste of water, showing their parched tongues and pointing to their reduced stomachs, as if overcome by famine, for although the living Cargo had only been completed the day before, yet many who had been longer on board, were reduced to such a state as skeletons, that I was obliged to order 12 immediately to this Ship to be placed under the care of the Surgeon, and the day following, 100 more, to afford the rest the chance of surviving the Passage to Sierra Leone !
In short, the crowded state of the Vessel, the dirt and filth inseparable from such a state, the sickening and desponding appearance of most of the wretched victims, confined more loathsomely and more closely than hogs brought to a morning market for sale, was so appalling and distressing to our feelings, as to cause our wonder and astonishment to cease at the inaddening act of self-destruction which had occurred to some by throwing themselves overboard, a prey to the sharks in attendance, rather than endure a continuance of that misery they had only tasted of, or perhaps rather than quit the land dear to them by many unknown ties. I have, &c.
GEORGE R. COLLIER. The Registrar of the British and Spanish
Mixed Commission, Sierra Leone.
(Inclosure 1.) - Declaration of Commodore Sir George R. Collier.
1, The Undersigned, being Captain of His Majesty's Ship Tartar, and Commodore of His Majesty's Ships and Vessels on the Western Coast of Africa, do declare that the Spanish Schooner Anna Marin, Juan de la Roche, Master, and Antonio Vincente Armador, Owner, said to be bound from St. Jago de Cuba to Princes Island, was chased and boarded by signal from this Ship, by Boats sent from His Majesty's Brig Thistle, and also from His Majesty's Ship Tartar, by proper and authorized Officers, in the night of the 23d March, 1821, in the East Channel of the River Bonny, in about 4 deg. 26 min. North Latitude, and after a discharge of small arms she surrendered.
At the time of Capture the number of Slaves were said to be between 400 and 450, some of which number threw themselves overboard, and were destroyed by sharks ! I further declare, that from the extremely crowded state of the
Slave-rooms, it is utterly impossible to count the number living on board!
I further declare, that from the belief I have of this Schooner being the Pirate Schooner described in a Letter to me from the Lords of the Admiralty, as well as from a threat held out by one of the Sailing Masters, that the Vessel should not reach Sierra Leone without a struggle, and this confirmed by a wanton firing of musketry from the cabin, after the Vessel was boarded by Mr. Lyons of the Thistle, I have thought it necessary to remove from her all suspicious and dangerous characters, being a large proportion of her Crew; and I further declare it to be my intentior to prosecute the Vessel for Piracy on my arrival at Sierra Leone, after the Slaves shall be condemned.
Given under my hand, on board His Majesty's Ship Tartar, off the River Bonny, the 26th day of March, 1821.
GEORGE R. COLLIER.
(Inclosure 2.)-List of Papers found on board the Anna Maria, Spanish
Slaving Schooner. No. 1.2
Substitutes for Passports (given contrary to the Treaty.) 2. S 3. Bill of Lading. 4. List of Cargo. 5. List of Crew. 6. Sailors' articles. 7. Agreement between Captain La Roche and W.F. Gayman (Mate)
to receive 2 dollars per head for each Slave. 8. Captain and Superior Officers engagement with the publick Au
thorities. 9. Log kept by Captain La Roche. 10. Bill of Lading. 11. Account (in Spanish) of the Cargo. 12. Paper proving that Matthew Smith is the same Person calling
himself Matteo Sanches, and absolute Captain, as well as
Supercargo of the Schooner. 13. Document, proving that the Artigas (or Independent) Flag had
been made use of, or that the Vessel is acting as a Letter of
Marque, without any authority, 14. Document, proving that Messrs. Wright and Skelton, of Cuba, are
in truth the Owners of the Vessel Anna Maria, and that Juan
de la Roche (the Master in the Muster-roll) is only Chief Mate. 15. Log in English) kept by Matthew Smith, alias Matteo Sanches. (A.) to (N.) Papers not relating to the present Voyage, found in La Roche's chest.
GEORGE R. COLLIER.
CORRESPONDENCE relative to the Commercial Inter
course between The United States and Portugal, and to Portuguese Claims of Indemnity for Piratical Captures.*
(1.)-Mr. Adams to General Dearborn.
Department of State, Washington, 25th June, 1822. The political and commercial relations between The United States and Portugal, have always been of an interesting character. By the Revolution in the Government of that Country, recently consummated, and by the return of the King, and part of his Court and Family, to Europe, they have been, and may be further, affected in a manner to require the
agency of a Person, not only generally conversant with the intercourse which has heretofore subsisted between the two Countries, but, by long experience in the publick affairs of this Union, and a familiar acquaintance with its interests, qualified to represent them at a time, and under circumstances, in many respects critical. Fully acquainted with your long and faithful services to this Union in some of its highest trusts, the President has been induced, by these considerations, to invite your co-operation again in the publick service, and has learnt, with great satisfaction, your acceptance of the Appointment of Envoy Extraordinary and Minister Plenipotentiary to Portugal.
Independently of the changes in the diplomatick relations of the two Countries, which have resulted from the removal of the King from Rio de Janeiro to Lisbon, other accidental circumstances have concurred to cause some irregularity and disorder in them. In the spring of the Year 1819, Mr. John Graham was appointed Minister Plenipotentiary of The United States to the Court of Brazil, to succeed Mr. Thomes Sumpter, Jud. who had resided there in that capacity almost from the time of the transfer of the Portuguese Government thither; Mr. Graham, within little more than a Year from the time of his departure on that Mission from The United States, was compelled to return home, and barely lived to reach this Country.
About the same time, the Chevalier Correa de Serra, who had for several years resided as the Minister Plenipotentiary of Portugal in this Country, was re-called, and left The United States. A Resolution of the Senate of The United States, in March, 1821, recommended to the President the appointment of a Minister to the Court of Brazil, but the return of the King of Portugal to Europe, very shortly afterwards, rendered the compliance with this Resolution unavailing.
The departure of that Prince from Rio Janeiro, had been preceded by various movements of a revolutionary character, as well there, as in Portugal. He had, immediately before embarking, appointed as his Minister to The United States, the Person who, since his arrival in Europe, has acted as his Secretary of State for Foreign Affairs. And Laid before the Congress of The United States, 7th May, 1824.
it appears that, since the Revolution there, wbich has invested the Cortes with a principal portion of the sovereign authority, the policy of maintaining Ministers of the Plenipotentiary rank from that Country, has been suspended. A Chargé d'Affaires has been appointed to repair to Washington, but has not yet arrived. In the mean time, that Office has been discharged by the Chevalier Amado Grehon, who had been Secretary of Legation to Mr. Correa, and recently a Mr. Dacosta has been here, and announced himself as attached to the Jegation, and to exercise the powers of Consul-General.
The usual diplomatick intercourse between The United States and Portugal has thus been for the last 3 Years in a great measure suspended. Nor is it probable that the Mission of The United States now instituted, will be of long duration. There are objects, political and commercial, which require its most serious attention, and which it is hoped may be adjusted satisfactorily to both Countries, by your intervention.
After the invasion, by the Brazilian Portuguese Government of Monte Video, and the eastern shore of the River La Plata, a Revolu. tionary Government, under the name of the Oriental Republick of La Plata, and subject to the authority of a Military Chief, named Artigas, for several Years maintained a defensive War, at once against them, and against the rival Revolutionary Republick, styled the United Provinces of La Plata. The latter, the Seat of Government of which was at Buenos Ayres, never came to a state of declared war with Portugal, but the Republick of Artigas did, and that Commander issued Commissions for Privateers and Letters of Marque, against the Portuguese, under which the commerce of that Nation was, for 3 or 4 Years, much annoyed. Of the Captures made by these Privateers, several were brought into the Ports of The United States, and frequent complaints were received from Mr. Correa, that some of the Privateers were fitted out within The United States, and partly manned by their Citizens. To these complaints every attention, compatible with the rights of the Citizens of The United States, and with the Laws of Natious, was paid by this Government. The Laws for securing the faithful performance of the duties of Neutrality were revived and enforced. Decrees of restitution were pronounced by the Judicial Tribunals in all cases of Portuguese captured Vessels, brought within the jurisdiction of the United States. And all the measures, within the competency of the Executive, were taken by that Department of the Government, for repressing the fitting out of Privateers from our Ports, and the enlisting of our Citizens in them.
These measures, however, do not appear to have been altogether satisfactory to the Portuguese Government, doubtless, because they were not sufficiently understood by them. Shortly before the Chevalier Correa de Serra left The United States, he addressed to this Depart