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Northward of the Line, we cannot proceed legally in their apprehension, because, the Master of that Brig having presented at this Secretary's Office a Passport from the Port of Cabinda, I do not suppose that any transgression has been committed against the Law respecting the Slave-trade Treaties, the express letter of the Law prohibiting the carrying on the Trade only to the Northward of the Line. It is, nevertheless, possible, that that Passport may not be a true one; but, as you have addressed His Excellency the President of the Province of Pará, for which Quarter those Slaves were shipped, according to Documents, perhaps the Government of that Province may, by greater perspicuity and sagacity, detect the imposture, which was not discovered here. Reason, and the due administration of justice, therefore, demand, that we should wait the result of the Investigations at Pará, where the Brig and the Master are at present, in order that, at sight of such Investigations, proceedings may be instituted, without attacking the right of property guarantied by the Constitution of the Empire.

I have already shewn to you, that I have the greatest respect for the Laws, and that I shall do all in my power that they be respected, without it being for that purpose requisite that you should come forward to remind me. God preserve you. Robert Hesketh, Esq.

PEDRO JOZE DA COSTA BARROS.

No. 90.-Mr. Consul Hesketh to Mr. Sec". Canning.-(Rec. Dec. 22.)
SIR,
Maranham, October 28, 1826.

HAVING had the honour to make known, in my Despatch of this Series, dated September 15th, that I had addressed the President of Pará, respecting the illegal proceedings in that Province with the Negroes by the Pedro Primeiro, I now enclose a Translation of His Excellency's Answer.

I have also received from the British Vice-Consul at that Port a full Report of what took place there, respecting that Brig, up to the 30th ultimo, a Copy of which Report I have the honour to enclose.

It appears, that, on receipt of my Communications, the Vice-Consul had information that the Pedro Primeiro was anchored in an unfrequented Bay, and that he, with the Commander of His Majesty's Ship Primrose, obtained, at a Conference with the President, permission to detain, with the Boats of His Majesty's Ship, the said Vessel.

The Officer-like and effectual manner in which that service was performed, notwithstanding the secret plans for the escape of the Pedro Primeiro, was not sufficient to suppress the President's dissatisfaction at the non-attendance in the Boats of those Brazilian Officers, who were, in fact, too tardy in obeying His Excellency's Orders; and who, after boarding the Vessel, made a most extraordinary statement respecting the evidence of the landing of the Negroes.

The Case being now, however, in a regular and formal course of Investigation, I do not despair of the ultimate Condemnation of the Pedro Primeiro, and the Emancipation of most of the Slaves brought by her from Africa.

I beg leave to enclose a Copy of the Despatch which I am addressing on this subject to His Majesty's Chargé d'Affaires at Rio de Janeiro. I have the honour to be, &c.

The Right Hon. George Canning.

ROBERT HESKETH.

(Enclosure 1.)-The President of the Province of Pará to Mr. Consul Hesketh.-(Translation.)

SIR,

Pará, September 28, 1826. BEING now, on the departure of the Schooner Carolina for that Province, very much engaged in preparing for the Packet General Lecor, destined to the Court of Rio de Janeiro, I am barely able to have the pleasure of communicating to you, that I have received your Letter of the 11th instant, respecting the Cargo of Slaves brought by the Brig Pedro Primeiro from the Port of Maranham to this, and that I, in consequence, took every measure which was in my power, communicating to you more particularly by the Land Post all which has occurred in this respect, and I suppose that the Vice-Consul in this Place will have made known to you the energy of my proceeding in such an affair. God preserve you.

Robert Hesketh, Esq. JOSE FELIX PEREIRA DE BURGOS.

SIR,

(Enclosure 2.)—Mr. Vice-Consul Hesketh to Mr. Consul Hesketh. Pará, September 30, 1826. I HEREIN enclose you a Copy of my Despatch, dated 12th instant, respecting the Brig Pedro Primeiro.

In reference thereto, I further hand you a Copy of my Correspondence with His Excellency the President, relative to Captain Vernon, of His Majesty's Ship the Primrose, and the delay occasioned in his not transmitting earlier to His Excellency the Papers belonging to the Pedro Primeiro.

I also enclose you Copies of the Correspondence between Captain Vernon and His Excellency, in which he amply vindicates all his proceedings.

I have now to acknowledge the receipt of your Despatch, dated 11th instant, with its Enclosures.

The contents of the same have been duly communicated to His Excellency the President of this Province, and I enclose Copies of my Correspondence with him on the subject, by which you will perceive, that the matter has been referred to the Judicial Authority of this Province; and as this Case is evidently an infraction of the first Additional Article of the Convention of 28th July, 1817, signed at Lisbon

the 15th day of March, 1823, it will, no doubt, come ultimately before the Mixed Court at Rio de Janeiro.

To prevent, therefore, any inconvenience arising from garbled Statements going from hence to the Court of Rio de Janeiro, I have forwarded to His Majesty's Consul-General Copies of what has transpired here, and, enclosed, I have the honour of handing you a Copy of my Despatch to him. I have the honour to be, &c. Robert Hesketh, Esq.

JOHN HESKETH.

(Enclosure 2, A.)-Mr. Vice-Consul Hesketh to Mr. Consul Hesketh. SIR, Pará, September 12, 1826. I HAVE the honour to acknowledge the receipt of your Despatch of the 19th ultimo, with its Enclosure, relating to the Case of the Brazilian Brig the Pedro Primeiro.

In answer thereto, I have the honour to state, that, upon receipt of the same, I immediately repaired on board His Majesty's Ship Primrose, which Vessel arrived here on the 2d instant, in consequence of my Despatch of May 8th, to the Commander-in-Chief of His Majesty's Naval Forces at Barbadoes, of which I have had the honour of transmitting you a Copy, and communicated the contents to the Commander, Octavius Vernon, Esq., adding, at the same time, that I had received through private channels certain information, that the Vessel in question was then at anchor in the Bay of Santo Antonio, half a tide from the City, and that she intended to land, or had landed, the Slaves.

As it did not come under the line of his Instructions to seize a Vessel so circumstanced, it was mutually agreed between us to wait, conjointly, on His Excellency the President, in person, and that Captain Vernon should communicate the suspicious circumstances under which she was met with at the entrance of this River, as corroborating the information I then gave, at the same time politely offering his services in detecting such a scandalous infringement of the Treaty.

These offers were immediately accepted by His Excellency, who, in the most unqualified manner, authorized Captain Vernon to act in the best way that his judgment pointed out for the good of the service, offering a Pilot and every assistance to that end.

The consequence was, that the Boats belonging to His Majesty's Ship Primrose took possession of the said Brig Pedro Primeiro the same day, the 4th instant; and on the following she was brought up to the Anchorage off this City, and finally delivered up to the Brazilian Government, with her Papers, for Adjudication.

It is proper to observe that, on taking possession of the said Brig, neither the Master nor any Slaves were found on board, nor were any Documents found but her Log-Book and Fort-Pass from Maranham, and some very old-dated Papers. The disembarkation of the Slaves,

by Captain Vernon's Report, appeared to have been effected immediately previous to the capturing of her.

I accordingly addressed a Letter to His Excellency, a Copy of which I have the honour to transmit you herein, and I shall further hand you particulars of what may yet transpire on this affair.

I cannot conclude this, without expressing my thanks for the zeal and activity evinced by Captain Vernon, and the Officers and Men under his command, to whose prompt measures the success of this expedition is solely to be ascribed, and particularly so as information had been brought me, that the Brig intended to weigh anchor that very tide, and quit the River. I have the honour to be, &c. Robert Hesketh, Esq.

JOHN HESKETH.

(Enclosure 2, B.)-Mr. Vice-Consul Hesketh to the President of the Province of Pará.

MOST EXCELLENT AND ILLUSTRIOUS SIR, Pará, September 5, 1826. In compliance with the permission which your Excellency was pleased to give yesterday, to the Commander of His Majesty's Ship Primrose, to assist with the Ship's Boats in bringing to this City the Brazilian Brig Pedro Primeiro, suspected of being concerned in illicit Slave-trade, I have the honour to acquaint your Excellency that the said Brig is now anchored in this Port.

The information which was received respecting this matter from His Britannick Majesty's Consul at Maranham, has been in a manner verified, because no Slaves were found on board that Vessel, although 160 were reported at Maranham.

I therefore solicit that your Excellency may be pleased to investigate this Case, and the fact of the landing of Slaves, since the departure from Maranham. I have the honour to be, &c.

H. E. Joze Felix Pereira de Burgos.

JOHN HESKETH.

(Enclosure 2, C.)-The President of the Province of Pará to Mr. Vice-Consul Hesketh.-(Translation,)

SIR,

Pará, September 5, 1826. WHEN you yesterday presented yourself to me, with the Representations made by the British Consul at Maranham to the President of that Province, and with the Answer from the latter, I was perhaps led by the sincerity of my character, in matters concerning the guarantee of Treaties with Nations, the Allies of this Empire, and elevated by an excess of austerity in the justification of that character, to forget that it was not very befitting to charge others with the duty of detaining the Vessel, which you told me was anchored in the Bay of Saint Antonio, and which you knew was the one declared in the said Representations of the Consul at Maranham to have on board Slaves obtained from Ports prohibited by the Treaties, it being my right, as

President of this Province, particularly to have ordained steps for that purpose, when it was clear to me the Vessel, the Pedro Primeiro, was the property of Brazilian Subjects. However, I could never expect that the British Officers, who were only charged according to my Orders with the service of ascertaining whether Slaves were brought, and preventing their departure, should go the length of seizing Papers, which have not, up to this date, been delivered to me; and which I demand of right, as the first Authority who ought to examine them, and transmit them to the competent Judge, if it be requisite to take judicial cognizance of them.

I cannot also help remarking, that a Vessel leaving this City should be forced to submit to be boarded in sight of the Forts by the Boats returning with the British Officers from the said Brig Pedro Primeiro, and this, although there was on board the Vessel an Officer of the Brazilian Navy, who, according to the Order I gave the Intendant, ought to have accompanied the Officers of the British Navy, but who did not, in consequence of the non-execution of my Order.

It is therefore my duty to acquaint you, that I am waiting for the Papers which I have claimed, and that I am about sending a National Guard and Officers on board the Brig, the British Officers who may be there then retiring; and that the Brig ought to be brought to the customary Anchorage: you being at liberty to adopt the steps which are lawful amongst Nations, and in which I shall co-operate as the principal Representative of His Imperial Majesty in this Province, and it being your duty to make this much known to the Commander of the British Sloop of War. God preserve you.

John Hesketh, Esq.

JOZE FELIX PEREIRA DE BURGOS.

(Enclosure 2, D.)-Mr. Vice-Consul Hesketh to the President of the Province of Pará.

MOST EXCELLENT AND ILLUSTRIOUS SIR,

Pará, Sept. 5, 1826.

AFTER closing the Letter which I had this day the honour of addressing to your Excellency, I received one from your Excellency of the same date.

In answer, I have to acquaint your Excellency, that the Commander of His Britannick Majesty's Ship Primrose took charge of the Papers belonging to the Brazilian Brig Pedro Primeiro, in order to transmit them to your Excellency according to his duty, and that he could not comply with that duty sooner, not having a Person who could write the Portuguese Language.

In the mean time he is ready to acquaint your Excellency, personally, with all your Excellency may wish to know. I have, &c. H. E. Joze Felix Pereira de Burgos. JOHN HESKETH.

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