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want alone of a regular Passport renders her Voyage illegal, which, according to the information from His Britannick Majesty's Consul at Maranham, she cannot produce.
In short, considering it altogether so gross an infraction of the Slave Treaty, I do hope and rest assured, that your Excellency will ultimately view it in the same light, and proceed against all the Parties concerned, with the utmost rigour of the law. I have, &c. H. E. Joze Felix Pereira de Burgos.
(Enclosure 2, H.)--Mr. Vice-Consul Hesketh to the President of the
Province of Pará. Most ExceLLENT AND ILLUSTRIOUS SIR, Pará, Sept. 16, 1826.
I had the honour to address a Letter to your Excellency on the 5th instant, making known the arrival of the Brig Pedro Primeiro, at her Anchorage in this City.
At the same time I acquainted your Excellency that the information received from His Britannick Majesty's Consul at Maranham was in some measure verified by the fact of no Slaves being found ou board that Vessel, and I asked your Excellency to be pleased to investigate this matter, and the landing of the Slaves after her departure from Maranham.
I have now to acquaint your Excellency that I have this day intelligence from His Britannick Majesty's Consul at Maranham, that the said Slaves were landed at Tury.
Your Excellency will perceive that, independent of an infraction of the Treaties, there is an outrage on the Custom-House Regulations of this Country, and I feel convinced your Excellency will not allow to pass unnoticed such a direct transgression of the Laws.
I shall have the greatest satisfaction to know the result of your Excellency's determination respecting the important objects which it has been my lot to place before your Excellency. I have, &c. H. E. Joze Felix Pereira de Burgos.
(Enclosure 2, I.)— The President of the Province of Pará to Mr.
Vice-Consul Hesketh.-(Translation.) SIR,
Pará, September 17, 1826. I have received your Despatches, dated the 5th and 16th instant, the latter accompanied with that from His Britannick Majesty's Consul in Maranham, to whom I shall reply by the first opportunity.
In the mean time I assure you, and the same you can communicate to the said Consul, that I have, under this day's date, dispatched from this Secretary to all the Towns on the Coast, decisive Orders addressed to the Civil and Military Authorities, making them responsible for a legal Investigation of every matter relating to the suspicions and indications which you inform me you have of the smuggling of the
Slaves, which you say were destined for this City, on board the Brazilian Brig Pedro Primeiro, from Ports where such a Traffick is prohibited by the Treaties; and that in case such Slaves are found or heard of, to remit the proofs to the “ Ouvidoria Geral” of this District, in order that the competent Judge to examine into such Contraband may proceed in the manner I have ordained in my Despatches, dated the 4th and 9th instant, Copies of which I transmit, in order that you may be informed of all the steps I have taken in this matter, and that it is to the said Judge, to whom I have, as the competent Authority, directed every Paper and Order respecting this affair, that you ought to address yourself for any judicial acts which you, as a Person interested in such matters, may deem requisite. God preserve you. John Hesketh, Esq. JOZE FELIX PEREIRA DE BURGOS.
(Enclosure 2, J.)-The President of the Province of Pará to D. Ferreira. (Translation.)
Pará, September 4, 1826. The British Publick Agent in this City, Mr. Hesketh, having informed me, that he had intelligence, that in the Bay of Saint Antonio, there was a Brig at Anchor, which he was told had Slaves on board, obtained from Ports where such a Traffick is prohibited, by Treaty between Portugal and Great Britain, and other Nations, amongst whom Brazil is also included ; and the said Vice-Consul having also shewn me the Correspondence which took place between the British Consul and His Excellency the President in the Province of Maranham, from which it is seen that the Brig Pedro Primeiro entered that Port not having a legal Passport to come from such prohibited Places, and ultimately departed unexpectedly for this City, where she was bound according to her Passport, and this before her departure could be prevented by the President of that Province, in virtue of the Declaration and Information of the said Consul ; requesting therefore that I should allow the Commander of His Britannick Majesty's Sloop of War Primrose, then in this Port, to go in search of her, I not only promised every assistance required for this service, but also assured him that I should on my part do every thing that was requisite, and accordingly procured a Pilot and a Naval Officer, to proceed in the Boats of His Britannick Majesty's Ship to capture the said Brig; ordering you under the heaviest responsibility to take every step in your official duty, not only as Magistrate of the Police, but also as Superintendent of Contraband, in order to prevent as well the breaking and infringement of the said Treaties, as also most particularly to prevent frauds on the Revenue of the Imperial Treasury, even though the Slaves should come from Ports not prohibited, so that the contagion of any disease they may bring should be prevented. God preserve you.
JOZE FELIX PEREIRA DE BURGOS. Dr. Joaquim Mariano Ferreira, Ouvidor pela Ley.
(Enclosure 2, K.)-- The President of the Province of Pará to D. Ferreira. (Translation.)
Pará, September 9, 1826. I TRANSMIT to you a Nautical Journal, or Diary, also a Pass for the Fort in the Port of Maranham, signed by His Excellency the President of that Province, and another signed by the Provisional Junta of this City, on the 16th January, 1824; likewise a Letter from the Chief Health Officer, ad interim, Joao Bento Rodrigues Fernandes, dated 28th August, 1825; likewise a Muster-Roll signed by Antonio Marques da Costa Soares, Secretary of the Government at the Cape de Verd, the whole belonging to the Brazilian Brig Pedro Primeiro, which was found anchored in the Bay of Saint Antonio, in a Gulf of the River of this Capital, and where she was improperly searched by the Officers of His Britannick Majesty's Sloop-of-War Primrose, and seized, by abusing the simple authority I gave the Commander of that Sloop-of-War, which was merely to prevent the departure of the said Brig, while I took every requisite step in my power to investigate exactly, according to the legal forms, the Cargo on board, proceeding according to the Laws of the Empire, in the event of finding on board Slaves from Ports prohibited by Treaties between Brazil and other Nations, or of its being shewn that frauds had been committed. You will, therefore, proceed, in conformity to my first Despatch, dated 4th instant, in all examinations respecting such objects, to the end that the legality or fraud of such Papers may be verified, as well as the truth, whether or not the said Vessel came from the prohibited Ports, and whether she can be ultimately given up to her Owners, or to the Fiscal if the Case and the Laws so determine, it being your duty to facilitate to the Owner or Owners their just right in all such matters, until the final Sentence or Decision, continuing under the conviction, that no Individual of the said Sloop-of-War is entitled, under any principle, or in any case whatever, to any part of the said Vessel, her Cargo, or Proceeds; in so much as I, only wishing to shew the good faith with which I and the President of Maranham sustain, on the part of His Imperial Majesty, in our respective Provinces, the immunity of the said Treaties, did allow the British Agent and the Commander of the said Sloop-of-War, if they wished themselves to prevent the departure of that Vessel, they having also acquainted me of her appearance and anchoring in the said Bay, after shewing me the Communications of the British Consul in Maranham to the President, and the Answer of the latter, whom the said Consul attempts to make responsible to His Imperial Majesty for having allowed that the said Brig should proceed from that Port to this, notwithstanding the reason given. You ought to be furthermore informed, that the British Officers having, in an arbitrary manner, placed Guards on board the said Brig Pedro Primeiro, in consequence of the reasons before stated, a short time after doing so, the Second Lieutenant of the Imperial and
National Navy, Francisco Joze de Mello, and the Scrivener of the Intendant's Office, Manoel Caetano Prestes, were both present on the spot, and I also transmit an account of what they observed, in conformity with my Orders, and the Despatch addressed to the Intendant of Marine on the 4th instant. And the said Brig with her Crew having been ultimately conducted and brought to this Anchorage by the British Guard, I communicated all this to the Commander of the Sloop-of-War, expressing my surprize at all the acts which surpassed my intention, and directing him to order that the said Brig, the Crew, and every thing on board, should be delivered to the Military National Guard of the First Lieutenant of Artillery, Joze Maria de Campos, a Corporal and 12 Soldiers, the British Guard then retiring; all which was fulfilled.
From that time the said Lieutenant of Artillery had my orders not to allow any Person or thing to leave the said Brig, until you
should send through me any orders. It is, therefore, understood, that the said Brig, and all which is in her, is from this time at your disposal, until the final Judicial Decisions upon the said objects.
It behoves me finally to inform you, that, in a Despatch addressed to me by the Commander of the British Sloop-of-War, I am informed that in the Bay of Saint Antonio, in another part of the Coast, Slaves were landed, although it appears that there were no indications of such proceedings, from the Declaration of the Brazilian Naval Officer, or from the enclosed Papers. You will, therefore, address yourself officially to those Quarters, or adopt any other course you may deem best, requesting from me every assistance you may think requisite for the better fulblment of all that I, in this respect, intrust to you, under the greatest responsibility of the Laws, acquainting me finally with the ultimate result of this affair, in order that, if necessary, I may communicate it to His Imperial Majesty. I also requiring from you forthwith the acknowledgment of this Despatch and its Enclosures. God preserve you.
JOZE FELIX PEREIRA DE BURGOS. Dr. Joaquim Mariano Ferreira, Ouvidor pela Ley.
(Enclosure 2, L.)-Mr. Vice-Consul Hesketh to Mr. Consul-General
Pará, September 26, 1826. As the Case of the Brazilian Brig, the Pedro Primeiro, will no doubt speedily come to the knowledge of His Majesty's and the Brazilian Government, respectively, and as inconvenience may arise from garbled Statements being sent from hence to the Court of Rio de Janeiro on the subject, I have deemed it advisable to transmit to you full particulars of what has transpired here with regard to the same.
I have the honour to transmit you Copy of a Despatch, and its Enclosure, received from His Majesty's Consul at Maranham, communicating the first intelligence of the said Brig Pedro Primeiro's being concerned in the illicit Traffick in Slaves, and what had transpired there on the subject.
I forward you also Copy of my Despatch to the Consul at Maranham, and its Enclosure, by which you will perceive that the said Brig was, under the sanction and authority of His Excellency the President of this Province, seized in the Bay of Saint Antonio, in this River, by the Boats of His Majesty's Ship the Primrose, under the command of Octavius Vernon, Esq., and brought up to the Anchorage off this City, and finally delivered up to the Brazilian Government, with her Papers, for Adjudication.
Also the Correspondence between His Excellency the President and myself, relative to Captain Vernon, and the delay occasioned in his not transmitting earlier to His Excellency the Papers belonging to the Brig Pedro Primeiro.
Copies of the Correspondence between Captain Vernon and His Excellency the President, in which he amply vindicates all his proceedings.
Copy of a Despatch from His Majesty's Corsul at Maranham, dated September 11, 1826, giving further particulars of the Brig Pedro Primeiro.
And Copy of my Correspondence with His Excellency the President, by which you will be informed of the matter's being finally referred to the Judicial Authorities of this Province.
It is needless for me at present to enter npon any comment on the subject, as you will better see the bearings of the Case by the perusal of the Documents herein transmitted you. I have, &c. Henry Chamberlain, Esq.
(Enclosure 3.)-Mr. Consul Hesketh to Mr.Consul-General Chamberlain. (Extract.)
Maranham, October 28, 1826. In reference to my Despatch, dated August 21st, a Duplicate of which I now transmit, with its Enclosures, I have further to state that the Brig Pedro Primeiro, on leaving this Port, proceeded to the Bay of Tury, on the confines of the Province of Pará, where the Slaves were landed clandestinely.
This transgression induced me to address, on the 11th ultimo, the President of Pará, as well as the British Vice-Consul at that Port, and I beg leave to enclose Copies of both those Despatches.
Having afterwards information that some of the Negroes had been brought into this City, I again addressed the President of this Province; but His Excellency only returned an evasive answer, and furnished