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landed some Cargo; that they then went to Cabinda for a mast, and from Cabinda to Onim, and from thence to Badagry; saith there was no trading carried on, the Slaves on board her having been purchased for her by the Brig Brilliante, and were lying ready for her at Badagry, which is the Place the Slaves were shipped at.” And Manoel Nogera, for himself, deposed, “ that, from Ambrise they went to Cabinda, and from Cabinda they went to Onim and Badagry; that there was no trading carried on; the Slaves were purchased by a Brig called the Erilliante, and were lying ready at Badagry, which is the Place the Slaves were shipped at; knows it to be Badagry from having heard the Officers say so, and from his having made a voyage once before to Onim, and this Place being close to it.” And Antonio Mosambique, for himself deposed, " that from Ambrise they went to Cabinda, and from Cabinda to Badagry; that there was no trading carried on, the Slaves on board the Perpetuo Defensor having been purchased for her by another Brig, called the Brilliante, and were lying for her at Badagry, which is the name of the Place the Slaves were shipped at.” And the said Juan, for himself, deposed, " that, froin Ambrise they went to Cabinda, and from Cabinda to Badagry; no trade was made for the Slaves at Badagry; the Slaves were purchased for the Perpetuo Defensor by another Brig, but he does not know her name; they were lying ready for her at Badagry, where they were taken on board.”
On the 8th of July, a Communication was made by Mr. Savage to the Court, setting forth that "under a persuasion that it was his duty to make the Commissioners acquainted with every circumstance as early as possible, which might afterwards come before the Court, he had to state, that the riotous conduct of the Slaves on board the Perpetuo Defensor, and the slender Crew of the Vessel, rendered it absolutely necessary, to preserve life, that the Slaves should be put on shore; and that, in the evening of the 6th, he caused the whole, 88 in number, to be landed, when they were immediately taken charge of by Thomas Cole, Esq. Collector and Acting Superintendent of Liberated Africans, and that he should duly authenticate the said facts."
On the 11th day of July, Ogoopooloo, Adoo, Alaconday, and Agarree, 4 of the Slaves that had belonged to the Cargo of the Perpetuo Defensor, were produced, sworn, and examined, on the Special Interrogatories, by permission of the Court, who, each and severally, clearly deposed to the fact of their having been shipped at Badagry.
On the day following, the 12th, Mr. Savage alleged in a Petition brought in by him, together with 2 Affidavits, “ that he having been consulted by the Master of the said Brig, on the proceedings towards the Slaves left on board the Perpetuo Defensor, who were in a state of riot on the 6th Instant, occasioned as he, Mr. Savage, was informed, by the circumstance of the Slaves finding they were detained when the others on board the Susan were landed; and as the said Master de
clared through his Messenger to him, Mr. Savage, that his life, and the lives of his men were in danger, he, Mr. Savage, therefore, gave it as his opinion, they should be landed, and the circumstances brought before the Court; that therefore they were on the 6th day of July landed, in number 88, and delivered to the Colonial Government, whereupon he prayed the two before mentioned Affidavits should be admitted as evidence in the Cause.” The two Affidavits were sworn before the Registrar on the same day, (the 12th) the first of which is that of the Acting Master, Bento Francisco de Carvalho, who was hired in consequence of the illness of the Master, who deposed, that on the 29th of June last, he, the Deponent, was engaged to proceed on board, and take charge of the Brig Perpetuo Defensor, by reason that Antonio Mauricio de Mendonça, the Master, was ill and unable to do so, which Deponent accordingly did; that the Slaves on board were comparatively peaceable until the day those who had been previously taken from the Perpetuo Defensor, and put on board His Majesty's Colonial Brig Susan, were removed to the shore: on that day Deponent saw a Canoe, which he believed to be one employed for the purpose of landing the Slaves from the Susan, manned with 3 Kroomen, come alongside the Perpetuo Defensor, when Deponent asked them, through a hired labourer, for what purpose they were come, and they answered, that a white man had sent them to wait there; that while the Canoe was so alongside, this Deponent saw several persons on board the Susan, standing up so as to be in full view of the Slaves on board the Perpetuo Defensor, making signs to them, the said Slaves, by violent gestures, passing their fingers across their throats, taking billets of wood and other things, and pretending to strike, all which was seen by the Slaves on board the Perpetuo Defensor ; Deponent, by threats to the Kroomen in the Canoe, made them shove off; that the Housa-man belonging to the Maidstone, by the name of Martin, was repeatedly, during that day, heard hailing, and talking to the Slaves on board the Perpetuo Defensor from the Susan, which gestures, signs, and speaking, this Deponent believes was for the purpose of inviting the Slaves on board the Perpetuo Defensor to acts of violence, for the purpose of their getting on shore; that during the remainder of that day and the night, this Deponent found, with the Crew on board, a great difficulty in keeping the Slaves in order; the next day they at first declared they would not eat, as they wished to go on shore; that they took by force the fresh meat that was brought off afterwards, and commenced cooking the whole; this Deponent remonstrated with them, telling them they should use it at two meals, but they said no, they would finish it at once, as they were determined to get on shore before night; after they had finished their meal, the whole of the Slaves came aft, women, men, and children, and told Deponent they would go on shore; Deponent understands a smattering of their language, his people did the same;
some went and lowered the Boat down that was astern ; this Deponent did all he could to persuade them by signs, and talking to them, to induce them to be quiet, and they would not hear; the Slaves armed themselves with canuon shot, sticks, and other things they could find on the deck, and threatened violence to Deponent and the two white men on board ; on the lowering of the Boat, 2 Slaves got into her; this Deponent, however, made his people begin to hoist the Boat, when the 2 Slaves got on board again ; during all this time, Deponent saw Persons on board the Susan, by signs, encouraging the acts of the Slaves ; Deponent was alarmed for his life at the resolute behaviour of the Slaves, and made signs to them to spare him and his Crew, while he hoisted the colours as a signal of distress, and fired a gun. The Slaves on having this explained, sat down around the Cabin, and Deponent made the signal for assistance, and sent away a man with the Boat, to go and inform the Master of his perilous situation. This Deponent called out for assistance to the Officer on board the Susan, but he got into his Boat and went on shure, and did not come to Deponent's assistance. That Deponent, therefore, finding it was out of his power to controul the Slaves, without resorting to most violent means,
after consulting with the Proctor of the said Master, landed the said Slaves.”
And Deponent further deposed, “ that at the time he took charge of the said Vessel, the Slaves were all at large, that himself and 2 white men, and 6 men of colour, were all the persons on board since Deponent has joined the said Brig, and that himself and the said Crew were not able to keep them in subjection, especially as they, this Deponent believes, were excited to riot by what was said to them by Martin and others."
The other Affidavit is of Bento Jose de Carvalho, who deposed, " that he was one of the Crew of the said Vessel, and was on board when she was captured by His Majesty's Ship Maidstone, Commodore Charles Bullen, C. B. Commander, and has continued on board ever since; that at the time of capture all the men Slaves were in irons, and were then released by the orders of the said Commander, given in the hearing of this Deponent on board the said Vessel ; that, during the time the said Vessel was lying in this Harbour, and while in the possession of the Officer and Men of the Maidstone, this Deponent saw an European come alongside in a Boat, who spoke to the British Officer in charge, and soon after the greater part of the said Slaves were taken from the said Brig Perpetuo Defensor, and carried on board the Colonial Brig Susan; that this Deponent is certain that neither the Portuguese Master, nor any of his Crew, had any thing to do with the removal of the said Slaves; that, on the 29th day of June last, the Acting Master, Bento, came on board, and took charge of the “ Perpetuo Defensor ; that from that time until the Slaves were landed from the Susan, and which, by reason of being near, was seen by the Slaves on board the
Perpetuo Defensor, there was no very particular insubordination among the said Slaves. The day the said Slaves were landed from the Susan, they then came aft, and demanded to be put on shore in the same
A Canoe came alongside the Perpetuo Defensor, during the time the Slaves were landing from the Susan, this Deponent does not know where it came from, it was manned by 3 Kroomen ; while said Canoe was alongside, heard a black Sailor, whom this Deponent knows to belong to the Maidstone, talking to the Slaves on board the Perpetuo Defensor, from the Susan, and by the signs he made, this Deponent believes that he was persuading the Slaves of the Perpetuo Defensor to get into that Canoe, and go on shore; this Canoe was, however, forced away by Captain Bento. The Slaves continued during the day dissatisfied, and on the following morning, after the landing of the Slaves from the Susan, the Slaves on board the Perpetuo Defensor, having had their breakfasts, came aft, and being armed with sticks, billets of wood, cannon shot, and other things, demanded to be put on shore; some of them lowered down the Boat astern, and two of the Slaves got into it, but they were got back. The Acting Master then tried to persuade them to abstain from violence, and promised to see what the Authorities on shore would do for them, and having pacified them a little, the Acting Master made signals of distress by firing a gun, and hoisting the colours; that said Acting Master ordered Deponent to go and inform the Proctor for the Vessel of his dangerons situation, which Deponent did, and soon after the Slaves were landed, and delivered to the Authorities of this Colony. This Deponent saw several Persons on board the Susan, on the same day, making signs to the Slaves on board the Perpetuo Defensor, and, as this Deponent believes, encouraging them to acts of violence; that Deponent is persuaded, that if the said Slaves were not landed, that they would have effected the same by force, and that he was in fear for his life and the lives of the Acting Master and Crew; that the Crew only consisted of 9 Persons, that the Slaves were at large, and therefore the said Crew were not able to keep them in subjection.”
No further proceedings took place in the Cause until the 17th instant, when Mr. Lake, the Proctor for the Captor, brought in an Affidavit made on the 13th instant, by Captain D. C. Clavering, of His Majesty's Ship Redwing. Captain Clavering deposed, "that on or about the 8th day of January last, a Brig under Brazilian Colours, called the Nova Brilliante, was boarded off Elmina by the Boats of His Majesty's Ship Redwing; that the same Brig was again boarded by a Boat of the said Ship in the latter end of February, off Badagry; and again in the latter Place, on the 7th of March last.” This Affidavit corroborates the testimony of the 4 seamen, to the point of the Brig Brilliante having been at Badagry, as stated by them on or about the time the Perpetuo Defensor was there.
On the 1st of August, Mr. Lake, the Proctor for the Captor, after stating, first, “that the Vessel and Slaves had been given up to the Claimant since the early part of June last;" secondly, “that the said Vessel and Slaves had been received by the Claimants;" and thirdly, "that, since the 7th day of July, no Documents of any kind whatever had been filed by the Claimant in the said Case,” prayed the Court would be pleased to dismiss the Captors, and not let them suffer for the neglect of the Claimants or their Agents. This Petition was rejected, on the ground that the delay was unavoidable, in consequence of the severe illness of the Commissary Judge, independent of other circumstances, and also that Mr. Lake had made assertions in his Petition which were not facts; the first of which, that states the Vessel and Slaves were given up to the Claimants since the early part of June last," is contradicted in Mr. Tollervey's Letter to the Colonial Secretary on the 28th of June, wherein he states, “he had received Instructions from Mr. Lake, the Proctor for Commodore Bullen, to give up to the Portuguese Claimants the Slaves in the Perpetuo Defensor, and the Susan, Colonial Brig, on their claiming them the next day,” and Mr. Tollervey dates this Letter on board the said Brig Perpetuo Defensor. The third assertion, “that, since the 7th day of July last, no Document of any kind whatever had been filed by the Claimant in the said Case," is contradicted by the Records of the Court, whereby Mr. Lake would have seen, had he applied at the Registry Office, which he ought to have done, that two Documents had been brought in by Mr. Savage since the 7th of July, viz: one on the 8th, and the other on the 12th of that Month.
The Commissioner of Arbitration, however, in the hope of facilitating the Cause, sat on the day following but one, when (both Parties having agreed to consider him alone to constitute a competent Court,) after the claim and proofs in the Case were read, he admitted the said claim for Costs, Damages, and Expences, incurred in consequence of the seizure of the said Brig and Cargo, and referred it to the Registrar to ascertain the amount thereof, and report the same to the Court. On the 230 of August, Mr. Savage brought into Court 2 Affidavits, respecting a charge that had been brought before the Acting King's Advocate, respecting the Slaves on board the Perpetuo Difensor. The first of these Affidavits is that of John Garel, who deposed, “that on the 6th day of July last, during the time that this Deponent was executing the office of providing the Slaves on board with provisions, on behalf of the Claimant of the said Brig, that he was desired by William Henry Savage, the Proctor on behalf of the said Claimant, to attend at 3 o'Clock of the same day, at the House of the Acting King's Advocate, the said Proctor informing this Deponent that the Acting Governor had desired the said Crown Officer to inquire into a charge made against this Deponent respecting the said Slaves; tha: the Deponent and Proctor