On the same day, Mr. Savage brought in the Certificate given by Captain Murray, at the time of capture, to Jozé Pinto de Araujo, which states, "that on the 1st day of February 1826, being in about Latitude 4. 24. South, and Longitude 9. 57. West, he detained the Brig named the Activo, sailing under Brazilian Colours, commanded by Jozé Pinto, who declared her to be bound from Molembo to Pernambuco, with a Crew consisting of 17 men, 3 boys, and 1 Supercargo, and having on board 166 Slaves."

On the 12th of April, the Court heard the Parties in this Case. Mr Savage, for the Claimant, cited the Case of the Sinceridade, adjudicated in this Court in the Year 1823, and argued that the present Case was exactly similar in principle to that, and therefore the Vessel and Slaves must be restored as claimed, with costs and damages.

Mr. Lake, on the part of the Captors, stated nothing that had not before been strongly argued in the Case of the Sinceridade, reported in Class B, of Papers presented to both Houses of Parliament by Command of His Majesty, in 1824. He particularly insisted on the Treaty being entered into for the purpose of preventing illicit Traffick in Slaves; that the trading in Slaves to the North of the Equator was undoubtedly an illicit trading in Slaves, which was clearly proved to have been done in this Case; and that, therefore, by the spirit of the Treaty, the Vessel ought to be condemned, and her Slaves emancipated.

On the 9th of May, the Court proceeded to give Judgment, observing, that not the shadow of a doubt existed but that this Vessel had been engaged in an illicit Traffick in Slaves to the North of the Equator, the proof of which fact was extremely clear.

Her two Log-books most distinctly shewed, by the courses and distances entered in them, that she made the Coast of Africa in about 4. North Latitude.

An Endorsement of Captain Murray on the Royal Passport, uncontradicted by the Claimant, proved her to have been visited by that Officer in His Majesty's Ship Atholl, off Elmina, on the 11th of November, 1825, and to have been considerably out of the limits allowed by the Treaty, and specified in the Royal Passport, where she had permission to carry on a Traffick in Slaves. The Depositions of the Cook, with those of the Slaves, distinctly proved that the Slaves were shipped at Badagry, and the Deposition of Marcellina d'Almeira tended strongly to establish the same fact. The Master indeed not only asserted, but most positively deposed on oath the contrary, but the Court was sorry to observe that no credit whatever could be given to his testimony. His Proctor did not venture distinctly to aver that the Slaves were shipped on board at the real Molembo, which no doubt he would have done had there been any chance whatever of proving it. The Court therefore felt no hesitation in pronouncing that this Vessel had been engaged in the illicit Traffick in Slaves at Badagry, in

6. 20. North Latitude, contrary to the Convention between Great Britain and Portugal, of the 28th of July, 1817, and that it would be the duty of the Commissioners to decree Condemnation of the Vessel and Emancipation of the Slaves; did not the 4th Article of the Instructions intervene, a Copy of which Instructions are furnished to every British Ship of War employed to prevent the illicit Traffick in Slaves, and form an integral part of the said Convention. This Article states, "That no Portuguese Merchantman or Slave Ship shall, on any pretence whatever, be detained, which shall be found near the Land or on the High Seas, South of the Equator, unless after a chase that shall have commenced North of the Equator."

By the construction put by the Court on this Article in the Case of the Sinceridude, the right of visitation and search is limited on the part of the British to such Portuguese Vessels only as shall be found to the North of the Equator, or to the South thereof, in the event of a chase begun to the North. The fact that this Vessel was detained to the South of the Equator is acknowledged by the Captors. It is distinctly alleged by Captain Murray in his Declaration, and also in the Certificate he gave to the Master at the time of Capture, and is as distinctly sworn to by his Lieutenant; no mention by them is made of any chase began to the North of the Line.

The Claimant distinctly averred, that the Vessel had not been chased from the North before being captured to the South, which assertion was not attempted to be contradicted on the part of the Captors, and must, therefore, be taken to be true.

The Commissioners expressed their opinion that this Case did not differ from that of the Sinceridade, the principles of which had been so fully and ably investigated by the late Mr. Gregory and Mr. Fitzgerald.

The Vessel and Slaves were, therefore, decreed to be restored to the Claimant for the use of the Owner and Proprietor thereof, with costs, damages, and expences, and referred it to the Registrar, to ascertain the amount thereof, and report the same to the Commissioners. J. T. WILLIAMS. D. M. HAMILTON.

Sierra Leone, June 10, 1826.

No. 43.-D. M. Hamilton, Esq. to Mr. Sec. Canning.—(Rec. Oct. 17.) (Extract.) Sierra Leone, July 25, 1826.

MR. WILLIAMS being too ill at present to attend to any business, I beg leave to enclose a Supplement of the Report of the Case of the Brazilian Brig Activo, Joze Pinto de Araujo, Master.

In the Letter of Mr. Williams and myself of the 10th ultimo, we had the honour to state, that the Slaves on board this Vessel having revolted and come on shore a few days before Adjudication took place, were seized by the Colonial Government, and that Mr. Macaulay, the Acting Governor, having refused to give them up, it became a question

whether the Captor should be adjudged to pay the value of those Slaves or not.

Upon mature consideration of all the circumstances of the Case, we came to the conclusion, that the Claimant ought to be paid the value of his Slaves, unless his having taken them on board to the North of the Equator should be considered a bar thereto, and we therefore thought the giving him a conditional Decree for their value, reserving the final decision of the Case for the British and Brazilian Governments, would be most equitable, and be a means of again drawing the attention of those Governments to the incongruity of the Convention in Cases similar to the present.

I beg leave to observe, that, prior to our proceeding to Judgment in this Case, we proposed to both Parties, for the purpose of securing the liberty of the Slaves, that they should enter into an Agreement similar to the one entered into by the Captor and Claimant in the Case of the Sinceridade; but without effect.

I beg leave further to observe, in consequence of so very considerable a time having intervened between the bringing the Case of this Vessel into Court and the final decision of the same, that, with the exception of the period from February 17th to March 6th last, while Mr. Rendall, the then Acting Commissioner of Arbitration, and Mr. Macaulay, the Captor's Agent, were attending the late General Turner on the Sherbro' Expedition, and of the period from April the 23d to May the 9th, during which I was confined to my house with severe illness, every exertion was made by the Court to bring the Case to a conclusion.

I conceive, Sir, I should be wanting in duty did I not state for your information, that this is the first Case that I am acquainted with of Slaves revolting in this Harbour, that have been brought therein for Adjudication, either in the Courts of Mixed Commission or in the Court of Vice-Admiralty.

The Right Hon. George Canning.

D. M. HAMILTON.

(Enclosure.)-Supplementul Report of the Case of the Brig Activo, Jozé Pinto de Araujo, Master.

On the 26th day of May, the Registrar finished his Report on this Case (A.) in which he gave it as his opinion that the Claimant was entitled to £55. for costs of suit; £256. 2s. 8d. for special damages and expences; £654. for demurrage; £9,983.15s. for the total loss of 166 Slaves; and £150. for 5 per Cent. on total of capital employed; making altogether the sum of £11,098. 17s. 8d.

On the 8th of June, Mr. Savage, the Claimant's Proctor, prayed the Court to award to the Claimant, the sums stated in the said Report to be due to him, for the unlawful seizure and detention of the said Vessel, and for the total loss of 163 Slaves.-Mr. Lake, the Proctor of

Captain Murray, the Captor, prayed the Court not to award the sum of £9,983. 15s. for the loss of the Slaves, inasmuch, as the said Slaves mutinied and rose upon the Crew in charge of the said Brig Activo, and forcibly made their way to the Shore; and were afterwards taken charge of by the Collector of Duties by the order of the Acting Governor.-The Court directed that the circumstances of the escape of the said Slaves from the said Brig should be more particularly detailed and brought before it, before it proceeded to make its award on the Registrar's Report; in pursuance of which, the Parties brought in and filed various Papers relative to the aforesaid circumstances, and on the 1st day of July the said Papers were read in Court, to wit-the Affidavit of Mr. Lake, the Captor's Proctor, (B.) wherein, among other matters, he deposeth and saith," that, on or about the 4th day of April last, Lieutenant Robert Lee Stephens, of His Majesty's Ship Atholl, and Prize-Master on board the Brig Activo, received a written order from Captain William Fitz-William Owen, of His Majesty's Ship Leven, to leave the said Brig Activo, and proceed on board His Majesty's Ship Romney, for a passage to England, at the same time taking the Prize Crew on board His Majesty's Ship Leven.-That, in consequence thereof, this Deponent sent on board the said Brig Activo, 6 men to take charge of the Vessel and Slaves; that, on the 29th day of April last, this Deponent did consider it for the benefit of the Captors, to call upon the Proctor for the Claimant to take charge of the said Brig and Slaves, by forwarding to Claimant's Proctor the following Letter, to

wit:

SIR,

(1.)

Water-Street, April 29, 1826. On behalf of the Captors of the Brig Activo, Louis Pinto de Araujo, Master, I beg leave to deliver you up the said Brig and Slaves on board, and I beg you will let me know as soon as possible when you will take charge of her and the Slaves. An early answer will oblige. I remain, &c. J. D. LAKE, for Captors.

Wm. Henry Savage, Esq. Proctor for Claimants.

"That thereupon, and in answer thereto, Deponent received from Claimant's Proctor the following Letter, to wit:

(2.)

April 29, 1826.

SIR, In reply to yours of this date, notifying on the part of the Captors, that you beg leave to deliver up the Portuguese Brig Activo, and the Slaves on board; I have to state that I shall as early as possible lay your Letter before the Judges of the Mixed Commission, but that until that Court restores, in form, the said Vessel and Slaves, the Claimant cannot interfere with her or consider himself responsible either for her safety or the custody of the Slaves.

I am, &c.

J. D. Lake, Esq. Proctor for Captors.

W. H. SAVAGE.

That, on the same day, Deponent forwarded to Claimant's Proctor the following Letter, to wit:

SIR,

(3.)

Water-Street, April 29, 1826.

I BEG leave to acquaint you, that, on behalf of the Captors, I am willing to enter into the same arrangement, as regards the Slaves on board the Activo, as was done in the recent Case of the Sinceridade, J. G. da Rocha, Master. I remain, &c.

Wm. H. Savage. Esq.

J. D. LAKE. " And received in Answer the following Letter and Enclosure, to wit:SIR,

(4.)

April 29, 1826.

I ENCLOSE you a Copy of a Letter I have just received from His Honour the Acting Governor.

And I beg to refer you to that part of the Regulations for the Mixed Commission, which directs 1s. to be paid for every day for each Slave on board, for the period the Vessel is detained, and to press on you to victual the said Slaves, (as I understand the Captors have for some time done,) as it is notorious that such victualling cannot here cost ls. each.

If, however, you have any difficulty in so doing, I am willing immediately to sign with you a Petition to the Court to allow the Slaves to be landed, provided that such landing shall not affect the rights of the Claimant, and those otherwise concerned in them.

MR. COLE, the Collector, having reported to me that there are no provisions on board the Brazilian Brig, for the Slaves; that, in consequence, they have become very riotous, and 21 of them have come on shore; I have to desire you will take immediate steps for supplying these unfortunate people with sufficient provisions. I am, &c. K. MACAULAY, Acting Governor.

W. H. Savage, Esq.

"That, during the said 29th and 30th days of April, and 1st day of May last, the said Slaves growing impatient at not being landed, and having, as this Deponent verily believes, been informed (by what means your Deponent knoweth not,) there was no likelihood of their being emancipated, did, by force and arms, escape from the said Brig Activo, and land in this Colony; that, on their landing in this Colony, they were immediately seized by the Acting Collector of Duties; that this Deponent applied personally to his Honour the Acting Governor for permission to replace the said Slaves on board the said Brig Activo, which permission his Honour the Acting Governor refused to grant, on the ground that they could not be dealt with as Slaves, being at large in this Colony; that this Deponent hath used all the diligence in his power to keep the said Slaves in the state they were brought in for Adjudication, and none of the said Slaves came on Shore with this Deponent's