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the Spanish Schooner Fingal, which he had detained on the 3d, with a Cargo of 58 Negroes.

Sentence of Condemnation was pronounced by the Mixed Commission on the 20th ultimo.

The Schooner Fingal, of which Don Dionisio Urquijo was Master and ostensible Owner, sailed from this Port on the 1st of February, 1825, for the Island of St. Thomas, on the Coast of Africa; where, however, she did not touch, but proceeded to Cape Mount on the Continent. She remained there for several months, and, at length, set sail on her return to this Island, on the 1st January of the present Year. The Master and two of the Crew, who were examined, stated, that the Schooner did not take on board any Negroes on the Coast of Africa, but that, 17 days after their departure, they fell in with a French Brig, which obliged them to receive on board 61. In relating this improbable story, the Witnesses differed in some not immaterial points, but it is rendered altogether unworthy of belief by the fact, that in the Log book there is a Note inserted (which, though attempted to be blotted out, is plainly visible,) of the death of a Negro on a day prior to that on which the Brig was said to have fallen in with; and also by the total omission in the Log-book, in which, however, many other Vessels are stated to have been seen, of all mention of any such Brig, the meeting with which it was peculiarly the interest of the Master to have noted down in the most explicit terms, as upon it he pretended to found his justification for the violation of the Laws of his Country in having Negroes on board his Vessel. No other event of importance is said to have happened in the Voyage until she ran aground near Salt Key; two days after which she was taken possession of by the Boats of His Majesty's Sloop Ferrett, the Negroes having been previously landed on a small neighbouring Key, but as they were placed under the charge of 3 of the Crew, and were fully admitted by the Master and the other Witnesses to belong to the Vessel, and to have been removed for the purpose of concealment from the English, the Court, without hesitation, came to a Decision that the Vessel should be condemned and the Slaves emancipated.

We have the honour to enclose an Abstract of the Evidence, and a Translation of the Sentence of the Court.

The Fingal was not reported to you among the Departures for the Coast of Africa last Year, because, in the daily lists published in the Newspapers, she was stated to have sailed for New Orleans.

We have the honour to be, &c.

The Right Hon. George Canning.

H. T. KILBEE.

W. S. MACLEAY,

(Enclosure 1.)--Abstract of the Evidence in the Case of the Spanish Schooner Fingal.

CAPTAIN HOBSON stated, in his Affidavit, and in his Declaration of the state of the Prize at the time of capture, that he had detained this Schooner on the 3d of February, in Latitude 22. 12. North, and Longitude 75. 46. West, with 58 Negroes on board, exclusive of a female infant that was born the day after the capture, and lived only a few days; that he found the Schooner aground, and the Negroes on shore, on a small uninhabited Key, in the charge of 3 of the Crew, the Officer who went on board having been conducted to the place of their concealment by the Master, who fully admitted them to be his Cargo; and that he received from the said Officer, and now produced, 5 Documents which were delivered up by the Master, and which proved to be the regular Ship's Papers, issued at this Port of Havannah in the Month of January 1825, and authorizing the Relampago to proceed to the Island of Saint Thomas, on the Coast of Africa, for the purpose of trading in Articles of lawful Commerce, but expressly prohibiting her from engaging in the Slave-trade.

DIONISIO URQUIJO deposed, that he was a Native of Bilbao; that he was Master and Owner of the Schooner Fingal, in which he sailed from the Port of Havannah, on the 1st February 1825, for the Island of Saint Thomas, for the purpose of engaging in lawful Commerce, but that he never touched at it, having, when in sight thereof, been informed by a Portuguese Vessel, that he would not find any of the Articles of which he was in want; that, consequently, he proceeded to the Coast of Africa, and, in the vicinity of Cabomonte, he contracted with the Negroes of the Country the exchange of his Cargo for palm-oil, logwood, rice and ivory, which Articles were never delivered to him, although he waited for them for the period of 8 months and a half, with the exception of a small quantity of logwood, with which he determined to return, with the loss of almost the whole of his Cargo, which he had previously handed over to the said Negroes; that he accordingly set sail for this Port on the 1st January of this Year, and, 17 days after his departure, he fell in with a French Brig laden with Slaves, the Captain of which, after asking for some provisions, which could not be afforded to him, sent on board the Schooner 61 Negroes, which the Deponent, from motives of humanity, could not avoid receiving, being told that, if he did not, they would be thrown into the Sea; that the French Brig then departed, having previously thrown overboard a swivel gun and various other arms that were in the Schooner; that the Deponent continued his voyage with the Negroes, and ran aground near Salt Key on the 1st or 2d of February, and that, on the 3d, 3 Boats of an English Brig-of-War, which was in sight, approached, when the Negroes were landed on a small neighbouring Key, for the purpose of concealing them from the English, and also of lightening the Vessel, 3 of the Crew being left in

charge of them; that upon the arrival of the English Boats they discovered the Negroes, and again brought them on board the Schooner, of which they took possession, and ultimately brought her into the Port of Havannah; that the Negroes, at the time of the capture, amounted to 58, and that his intention was to bring them to Havannah and relate what had happened with the French Brig; that there was no other Cargo on board at the time of the capture, and that the Papers which he delivered up were the only ones he had on board.

FLORENCIO SUGASTI, a Native of Biscay, deposed, that Dionisio Urquijo was Master of the Schooner Fingal, but that he did not know who was the Owner; that the Deponent belonged to the Spanish Schooner Clara, which was wrecked on the Coast of Africa, when he and 5 others of the Crew requested to be received on board the Fingal as passengers, and that during the Voyage he acted as Mate, but without any pay whatever.

That, about the 31st of December last, they set sail from the Coast of Africa, with a small Cargo of palm-oil and logwood, and, 17 or 18 days after, they fell in with a French Brig, laden with Slaves, the Captain of which asked for a little rice, which was refused, and then forcibly put on board 61 Negroes, and went away, after throwing overboard the gun and some small arms that were in the Fingal; that they continued their Voyage, and, on the 1st or 2d of February, ran aground near Salt Key, 2 days after which, 3 English armed Boats, belonging to a Brigof-War in sight, appeared, when the Negroes were landed upon one of the small Keys, in order to conceal them from the English, and to lighten the Vessel, but were shortly after discovered upon the arrival of the Boats, by which they were again embarked on board the Schooner, of which the English took possession, and ultimately brought her into the Port of Havannah; that the number of the Negroes at the time of capture was 58, 3 of the 61 having died during the Voyage, and that there was no other Cargo on board the Schooner at the time of the capture, the logwood having been thrown overboard when she grounded.

BENITO VASQUEZ, a Native of Malaga, deposed, that Dionisio Urquijo, was Master of the Schooner Fingal, and that he did not know the Owner; that he was received on board her, on the Coast of Africa, as a passenger, but that the Boatswain having been drowned, he acted during the Voyage in his place; that, after he had been on board her about 3 Months, they set sail, on the 1st of January of the present Year, with a Cargo of logwood; that 17 days after, they fell in with a French Brig laden with Slaves, of which 61 were put on board the Schooner, the French Captain saying, that he had not provisions enough for them; that the latter then left them, first taking on board his Brig a swivel gun and other arms belonging to the Fingal; that the Schooner continued her Voyage, and ran aground on some Keys, near the Coast of the Island of Cuba, 2 days after which 3 English armed Boats came

up, and again put on board the Schooner the Negroes who had been landed on one of the Keys, for the purpose of lightening her; that the English then took possession of the Vessel, and brought her to the Port of Havannah; that at the time of the capture 58 of the Negroes were alive, 3 having died during; the Voyage, and that there was no other Cargo on board, the logwood having been thrown into the Sea to lighten the Vessel.

(Enclosure 2.)-Sentence of the Mixed Commission in the Case of the Schooner Fingal.-(Translation.)

THE merits of this Cause having been taken into consideration, and it being particularly observed, that it is noted down in the Logbook on the 16th of January, a date prior to that when the Master, and the two other Individuals who have been examined, assert that the 61 Negroes were received from a French Brig, that a full grown Negro had died; this being clearly and distinctly visible, notwithstanding the attempt made to blot out the circumstance, by drawing several strokes of a pen across it, as was also done in the case of 2 other Negroes who died subsequently, and no mention whatever being made, throughout the whole Log-book, of having fallen in with the aforesaid French Brig, as is done with other Vessels that were seen on different days, it is hereby declared to be good and lawful Prize, that made by His Britannick Majesty's Brig Ferrett, William Hobson, Esq. Commander, of the Spanish Merchant Schooner named Fingal, D. Dionisio Urquijo, Master, with a Cargo of 58 African Negroes, viz: 41 males and 17 females, one of the latter having been delivered of a female infant the day after the capture; and that the said Schooner, her tackle, apparel, and whatever may be contained therein, are subject and liable to confiscation, with the exception of the aforesaid Negroes, who are declared to be free from all slavery and captivity. With respect to the condemned Vessel, and whatever belongs to her, let a valuation be made thereof by the Principal Masters of this Royal Arsenal, who shall swear faithfully to perform this duty, in order that the same may be exposed to publick auction for the term required by Law, and be disposed of to the highest bidder, at the Auction Room of Don Antonio Galea, before the Notary, D. Joze Rafael de Meza, the proceeds being for the benefit of the two Governments, and let the said Vessel be for the present placed in deposit with D. Jayme Andreu, who shall likewise take the proper Oath, receiving the same by formal inventory; and, with respect to the Negroes, let their Certificate of Emancipation be given to them by the Deputy Secretary, who is hereby appointed to perform that duty, for which purpose let an Official Letter be addressed to his Excellency the Captain-General, requesting him to be pleased to name a Person in whom he has confidence, to receive and take charge of them, until His Excellency shall dispose of them as he may

think proper, in conformity with the letter and spirit of the Treaty; and when his Excellency shall have selected the said Person, it shall be notified to the Captor to deliver the Negroes up to him, and the Schooner to the Depositary, communicating to him now a certified Copy of this Sentence, of which the Master, D. Dionisio Urquijo, shall also be apprized.

Havannah, Feb. 20, 1826.

CLAUDIO M. DE PINILLOS.
H. T. KILBEE.

R. GONZALES, Deputy Secretary.

No. 68.-His Majesty's Comm". to Mr. Sec". Canning.-(Rec. May 21.)
SIR,
Havannah, March 11, 1826.

On the 26th ult. the Spanish Brig Currutaco, D. Juan Coll, and the Schooner Escudera, D. Juan Tornella, Master, sailed from hence, the former for St. Thomas, and the latter for Princes Island, on the Coast of Africa.

We have heard that the French Frigate Antigone has captured a Slave-vessel of the same Nation, with upwards of 100 Negroes on board, not far from Santiago de Cuba. We have, &c.

The Right Hon. George Canning.

H. T. KILBEE.
W. S. MACLEAY.

No. 69.-His Majesty's Comm". to Mr. Sec". Canning.-(Rec. June 12.)
SIR,
Havannah April 15, 1826.

WE have the honour to enclose a Translation of a Letter addressed by the Captain-General to the Mixed Commission, and of the Reply of the latter, upon the subject of a Royal Order, issued by His Catholick Majesty, for the more effectual suppression of the illicit Slavetrade, carried on with this Island, which has been published in the Official Journal.

In this Royal Order, it is expressly stated, that The King has adopted Additional Measures, in consequence of the remonstrances of the British Minister at Madrid, although He himself does not consider those already taken to be inadequate to their object. It is directed that every Vessel from the Coast of Africa shall, upon her arrival, deliver up her Log-book to be examined; and should there be any reason to suspect her of having been engaged in the Slave-trade, that the Captain-General, who alone is to take cognizance of such Causes, shall proceed to the investigation of the Case, and the punishment of the Delinquents. Persons of all classes are authorized to denounce Transactions of illicit Slave-trade, but no reward is offered to the Informer, unless he be a Slave, in which case he instantly becomes free; the Purchaser of illegally imported Negroes being subject to a fine of 200 dollars for each. The Clergy are directed to impress upon their Flocks that the carrying on the Slave-trade, since it has been prohi

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