said Master, Louis Pinto de Araujo, in this Deponent's hearing, told the said Lieutenant " that he had nothing more to do with the said Brig Activo, as she was detained against his will;" that the Deponent asked the said Master, Louis Pinto de Araujo, if he would give his consent for the said Slaves to be landed, which the said Master declined, on the ground of his having nothing more to do with the said Brig Activo; that, at the request of the said Master, his private property was sent on shore to him; that on or about the 4th day of April last, the said Lieutenant Robert Lee Stephens 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 of 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 Proctor for the Claimant to take charge of the said Brig and Slaves, by forwarding the Letter marked (1); that, thereupon Deponent received from Claimant's Proctor the Letter marked (2) in Answer thereto; that on the same day this Deponent forwarded to the Claimant's Proctor the Letter marked (3), and received in Answer the Letter marked (4) with its Enclosure (5); 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, as may be seen by two Affidavits of the Shipkeepers filed in the Registry of this Court; that on their landing in this Colony they were immediately seized by the Acting Collector of Duties, as may be seen by the Affidavit marked (D); 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 that none of the said Slaves came on Shore with this Deponent's sanction or knowledge, save and except 6 Slaves, who, after being examined by the Court, were safely placed on board again; and further, that this Deponent having given notice to the Claimant's Proctor, that he, on behalf of the Captors, declined proceeding any further in the said Cause, did discontinue on the 29th day of April last to provision the said Slaves. Sworn before me, this 12th June, 1826, J. D. LAKE.

WM. SMITH, Registrar.

The Sub-Enclosures 1 to 5 are contained in the “Supplemental Report of the Case."

(C.)-Affidavit of the Claimant's Proctor.

PERSONALLY appeared William Henry Savage, who, being duly sworn, maketh Oath, and saith, that he has read the Affidavit of John Dean Lake, Proctor in this Cause (Brig Activo), on behalf of the Captors; that the allusions made to this Deponent, as Proctor for Claimants in the said Cause, are true; that the Letter (1) was received by this Deponent, and the Letter (2) is the Answer thereto; that the Letter (3) this Deponent does not recollect receiving, but the purport of the said Letter was communicated to him, the Deponent, verbally, to the best of his knowledge and belief; that the Letter (4) with the Inclosure (5) were sent to the said John Dean Lake, as Proctor aforesaid, by this Deponent.

Sworn before me, this 12th day of June, 1826.
WM. SMITH, Registrar.

The Sub-Enclosures 1 to 5, are contained in the "
the Case."

W. H. SAVAGE.

Supplemental Report of

(D.)-Affidavit of the Acting Collector of Duties.

APPEARED personally Thomas Cole, Esquire, Acting Collector of Duties in and for the Colony of Sierra Leone, and Assistant Chief Superintendent of Liberated Africans in and for the same, who being duly sworn, deposeth and saith, that on or about the 29th and following day of the month of April last, he, this Deponent, (whose Office is situated contiguous to the Sea,) saw a number of black persons in a Boat pulling from the said Brig Activo towards the Publick Wateringplace of this Colony, where they landed, and whilst standing on the Beach, he, this Deponent, sent one of the Clerks employed in the Liberated African Department, to ascertain who and what they were, when he understood they had forcibly made their escape from the said Brig, where they had been confined without a sufficient quantity of food being issued for their subsistence: that shortly afterwards, he, this Deponent, reported the circumstance to Mr. Reffell, the Colonial Secretary and Chief Superintendent of Liberated Africans, in the absence of his Honour the Acting Governor, (who had not reached Town from his Country residence,) who directed this Deponent to take charge of and safely keep the said persons who had so escaped on shore; that on the Deponent afterwards waiting on his Honour the Acting Governor, with the Colonial Secretary, who reported what had been done in this Case, the said Deponent received a verbal order from his Honour the Acting Governor, to treat the said Persons, who had thus escaped and were then on shore, in the same light and manner, as emancipated Negroes, and that in consequence the said persons were so dealt with accordingly. T. COLE.

Sworn before me, this 13th day of June, 1826.

WM. SMITH, Registrar.

(E.)-The Acting Collector of Duties to the Registrar. SIR, Sierra Leone, May 2, 1826. I HAVE the honour to acquaint you, that 163 Slaves, brought into this Harbour in the Portuguese Brig Activo, have made their escape from that Vessel, and that I have, as Collector of this Port, taken charge of the said Slaves. I have, &c.

Wm. Smith, Esq.

T. COLE.

(F.)—Affidavit of George Springle, Mariner. PERSONALLY appeared, George Springle, of Sierra Leone, Mariner, who, being duly sworn, deposeth and saith, that, on the 6th day of March last, by order of Mr. John Dean Lake, (on behalf of the Captors,) he, this Deponent, went on board and took charge of the detained Brig Activo, J. P. de Araujo, Master, with a Cargo of Slaves, in the capacity of Ship-keeper, the said Brig laying at anchor in the Harbour of Sierra Leone; that there likewise went on board said Vessel 5 men to assist this Deponent, besides 2 men who were on board, being part of the original Portuguese Crew, making in all 8 men; that on Friday the 28th of April last, the said Slaves became very riotous and disorderly, and expressed, by signs and gestures, to this Deponent, that, if they were not allowed to go on shore, they would jump overboard; that, in consequence of this threat, Deponent armed himself and the Crew, and stationed the Crew in different parts of the said Brig during the whole of Friday night; that, on the following day, no provisions being on board for the said Slaves, Deponent came on shore to apply for some, giving orders to the man left in charge not to allow any Person to quit the Brig; that, as this Deponent was going down to the Beach to return on board, he saw 21 of the said Slaves landing themselves from the Brig; that he immediately proceeded on board, and found the Long-boat, which was made fast astern alongside, with about 70 Slaves in her; that himself and the Crew threatened to fire into the Boat if they did not come out of her; that, on this, a number of the Slaves threatened, as before stated, to throw this Deponent and the Crew overboard; that this Deponent was afraid to make use of his arms, it being his firm belief that, if he had, himself and the Crew would immediately have been overpowered and murdered; and that, in the mean time, the said Slaves who were in the Long-Boat pushed from the Vessel and gained the shore; that about 6 o'clock in the evening of the same day, a quantity of rice and palm-oil came on board for the use of the said Slaves; that, when supper was prepared for them, they refused it, alleging "that they would not eat until allowed to go on shore;" that, on the whole of Sunday the 30th, they still refused their provisions, but appeared to this Deponent more moderate and less riotous; that, to prevent their getting the Long-boat, Deponent anchored her about a cable's length

from the said Vessel, and hoisted the Jolly-boat up to the stern of the said Brig; that at day-light, on the morning of the 1st instant, the said Slaves armed themselves with pieces of iron hoops, billets of wood, and old knives, stolen from the Cabin, headed by 6 of the most powerful, who had heretofore acted in the capacity of Boatswains, and had assisted in checking the former disturbances; that part of them proceeded to lower down the Jolly-boat, whilst the rest, armed as before stated, defended them; that, having got the Jolly-boat in the water, 4 of the said Slaves went and brought the Loug-boat alongside, into which they all got, and proceeded for the shore. Sworn before me, this 4th day of May, 1826. WM. SMITH, Registrar.

G. SPRINGLE.

(G.)-Affidavit of Bob Leigh, Mariner.

PERSONALLY appeared, Bob Leigh, a native Mariner, who, being duly sworn, deposeth and saith, that he is employed to assist in taking care of the Brig Activo and Slaves; that, on Friday the 28th of April last, the Slaves acted in a most riotous manner; that in consequence he, this Deponent, was under arms for the whole of the night; that on Saturday the 29th of April, about 12 o'clock in the forenoon, the said Slaves armed themselves with bludgeons, pieces of rope, iron hoops, &c. and seized upon a Boat, (belonging to the shore,) which was laying astern of the said Brig, and the Long-boat of the said Brig, 21 Slaves getting into the former, and about 70 in the latter; that on this Deponent going to them to get them out of the Boat, they held up their bludgeons, whilst others drew their knives across their throats, and then pointed to the water; that Deponent verily believes if he had struck one, himself and the Crew would have been instantly murdered; that the said Slaves reached the shore in safety; that, on Saturday evening, the Slaves remaining on board refused to eat their supper, and that they ate nothing on Sunday; that on the morning of the 1st instant, about gun-fire, the remaining Slaves again armed themselves, and proceeded to seize on the Boats, menacing every one who opposed them; that he, this Deponent, was so alarmed, and thinking his life in danger, ran out to the Jib-boom end, and hailed a Government Sloop laying near for assistance, which did not arrive until the said Slaves had got on shore.

BOB LEIGH, his Mark. Sworn before me, this 4th day of May, 1826.

WM. SMITH, Registrar.

(H.)-Affidavit and Petition of Joze Pinto de Araujo, Master. PERSONALLY appeared, Joze Pinto de Araujo, who, being duly sworn, maketh oath and saith, that the circumstances stated in the within Petition (1) are in every respect true, to this Deponent's know

ledge and belief, and that the annexed Paper Writing, marked (2,) this Deponent believes to be of the hand-writing of the Proctor for Captors, and was delivered unto this Deponent by the Proctor of this Deponent as being received by him from the said Proctor.

JOZE PINTO DE ARAUJO.

Sworn this 9th day of May, 1826, before me.

Sheweth,

WM. SMITH, Registrar.

(I.)-Petition of Joze Pinto de Araujo, Master.

THAT your Petitioner's Proctor hath put into the hands of your Petitioner the accompanying Letter,* by which your Petitioner is apprized that the Captors of the said Brig forbear any further proceeding in the Cause.

That your Petitioner is informed, and does believe, that no attention is now paid to the ordinary duties of the said Brig Activo, in pumping and cleaning her as usual.

That the whole of the Slaves on board have quitted the said Brig, and are now on shore, but that your Petitioner knows not by whose means or by whose orders.

That the ground-tackling of the said Brig, from her long laying in this Harbour, is liable to part, from the severe winds which occasionally blow at this Season in tornadoes.

Wherefore your Petitioner most humbly prays your Honourable Court to appoint such early day, as to your Honours may seem fit, whereon to pronounce Judgment in the said Cause, and thereby enable your Petitioner to know in what manner to proceed with the said Brig for the benefit of those concerned therein. And your Petitioner, as in duty bound, will ever pray. JOZE PINTO DE ARAUJO.

(J.)—Affidavit of the Master and Cook, and Petition of Proctor for

Claimants.

PERSONALLY appeared Joze Pinto de Araujo, Master of the said Brig Activo, and Furtunado Mina, Cook of the said Vessel, who, being duly sworn, make oath and say, that at the time the said Brig was brought into this Harbour for Adjudication, by His Majesty's Ship-ofWar Atholl, James Arthur Murray, Commander, the Deponents, one other African, and a lad, were all the Persons of the said Brig's original Crew on board as aforesaid, who were brought up in the said Brig; that the remainder of the Crew, (that is to say,) the Pilot, Boatswain, Clerk, and 15 Sailors, were taken on board the Atholl, and Deponents believe, left this Colony in the said Vessel, and that they never did again join the said Brig after being taken out of her on the night of the day the said Vessel was so as aforesaid detained; that he,

*See the "Supplemental Report" (l.)
G