that it brought the vessel, which, it appeared by a log-book, had "assumed a Danish character, within the operation of the Treaty with Spain, and as that it shewed the illegal nature of the voyage of the Conchita. But proofs of these points alone would not make that vessel liable to condemnation; neither would surmises that the Negroes, who had been seen to jump overboard from the Conchita on the approach of the English boats, were Slaves designed for the traffic. It might not be improbable that these Negroes were free Natives of the river Calabar, who had assisted the Crew of the Conchita in taking her to the creek where she lay concealed. This might be the less improbable, as the Spaniards of the Conchita were aware, a day or two before the capture, of the approach of the English boats, and would hardly have been so simple as to keep Slaves on board, to testify to to the Captors the illegal trade in which they were engaged. It appeared to us, Sir, that the Captors had not furnished the best proof in this Case that was in their power. The first Article of the Regulations for the Mixed Commissions annexed to the Treaty, provides that "the Commissioners shall give sentence as summarily as possible, and they are required to decide,—as far as they shall find it practicable, within the space of twenty days, to be dated from that on which every detained vessel shall have been brought into the port where they shall reside,-first, upon the legality of the capture; second, in the case in which the captured vessel shall have been liberated, as to the indemnification which she is to receive. "And it is hereby provided that, in all cases, the final sentence shall not be delayed on account of the absence of witnesses, or for want of other proofs, beyond the period of two months, except upon the application of any of the parties interested," &c. Unwilling to decide upon the Case, as the Case then stood, we resolved to postpone giving our determination upon it until the 9th of February, which day would complete two months from the date of the arrival of the Conchita at this Port. In acting thus, we wished to mark our sense of the remissness of the Captors, in not furnishing us with the evidence of the Negroes that had been delivered up to them. We further wished to extend the time for determining on the Case, in the hope that, by some possibility, these Negroes might be sent hither in the interval. Accordingly, the Case was directed to stand over until the 9th of February. On the 9th of February we again met in Court on the Case of the Conchita. The Proctor for the Captor stated that it had not been in his power to procure further evidence in the Case; he again, therefore, prayed the condemnation of the Conchita, and the emancipation of her Slaves. Since the last sitting of the Court, on the 15th of January, we had 1 furthered considered the circumstances of this Case, and the provisions of the Treaty, with its Explanatory Article of the 10th of December 1822, that were applicable to them. The Treaty enjoined the Commissioners to proceed as summarily as possible, and not to delay their decision beyond the period of two months from the date of the arrival of the vessel at this port. But the Explanatory Article of the 10th of December, 1822, required that, to cause the condemnation of a vessel, there "should be clear and undeniable proof that a Slave, or Slaves, had been put on board of a vessel for the purpose of illegal traffic in the particular voyage on which the vessel shall be captured." Was there clear and undeniable proof that a Slave or Slaves had been put on board of the Conchita for purposes of illegal traffic previous to her detention? Mr. Gregory had considerable doubts whether there was any proof at all that bore on this question, for he doubted extremely the propriety of admitting the Captors to prove the charge which they had brought against the vessel. Mr. Gregory doubted very much whether it would be consistent with justice that Captors should be prosecutors and witnesses in the same Case. Mr. Gregory could not think that in such a Case as the present he was imperatively bound to give a decision; certainly, he could not conscientiously pronounce one for the condemnation of the vessel. Mr. Gregory thought that the decision on the Case had better be postponed until proper and sufficient evidence should be produced. Mr. Hamilton, without conceiving it requisite in this Case to consi der the competency of the Captors as Witnesses, was of opinion that there was not that clear and undeniable proof of a Slave, or Slaves, having been put on board the Conchita for the purpose of illegal traffic in this voyage, that the Explanatory Article to the Treaty required; and was strongly inclined to think that as the Captors, the only Party before the Court, had refused to make application for further time, that the Commissioners were peremptorily called on by the First Article of the Regulations to give final Sentence without futher delay; but, in deference to the opinion of Mr. Gregory, and conceiving that no extra expense would accrue to any Party thereby, was willing to agree with him in the postponement of the decision on the Case. Accordingly, we intimated in Court our determination that the Case should be further postponed. On the motion of the Proctor for the Captor, the Conchita was ordered by the Court to be sold, the proceeds of her sale to be lodged in the Registry. We would beg leave, Sir, to point your attention in this Case to the assumption of, or rather, perhaps, the attempt to assume, a Danish character by the Conchita. No Papers giving a Danish character to the Vessel were, indeed, found on board, neither were any Spanish Clearance Papers. In all probability these last were with the Captain on shore. But in a logbook, kept in the Spanish language, she was stated to be a Danish Vessel, and a Danish Flag was found on board, according to the state-ment of the Captors. This is the third Case that has come before the Mixed Court wherein a Foreign character has been assumed by Spanish Slave Vessels. The Schooner "Joseph" adjudicated in the year 1822, assumed a Swedish; and the Schooner Maria la Luz, adjudicated in the month of September last, assumed a French character. It will not escape your notice, Sir, that this assumption of a Foreign character by Spanish Slave Vessels on this Coast may be productive of mischief, as it cannot fairly be expected that the Commanders of Cruizers, in the honest and faithful discharge of their duty under the Treaties, should refrain, when a Foreign character is with so much effrontery attempted to be assumed by Spanish Slave Vessels, from visiting Vessels on board of which a Foreign Flag may be hoisted. And it must sometimes happen that visitations will be made on board of vessels really belonging to Nations, not Parties to the Slave Trade Prevention Treaties. We have the honour to be, &c. The Right Hon. George Canning. E. GREGORY. No. 34.-His Majesty's Commrs, to Mr.Secy. Canning.—(Rec. June 21.) SIR, Sierra Leone, April 14, 1824. We had the honour to receive, on the 11th Instant, your Despatch, furnishing us, for our information and guidance, with the Copy of a Declaration which His Majesty's Ambassador at Madrid, and the Spanish Minister of State, concluded and signed at Madrid, on the 2nd of February, 1824, in correction of a clerical error which had crept into the Additional Article of the 10th of December, 1822, to the Treaty between His Majesty and The Catholic King, for the prevention of illegal traffic in Slaves. We have the honour to be, &c. The Right Hon. George Canning. E. GREGORY. D. M. HAMILTON. No. 35.-Mr. Secretary Canning to His Majesty's Commissioners. GENTLEMEN, Foreign Office, July 5, 1824. By advices received from His Majesty's Commissary Judge at The Havannah, it appears that, on the 14th of April, 1824, the brig Conquistador, Don Nicholas Escala, Master, and the Schooners, Mianor and Ninfa Habanera, Don Domingo Acue and Don Francisco Loureiro, Masters, sailed from Havannah for the Coast of Africa. This intelligence has been communicated to the Board of Admiralty. I am, &c. His Majesty's Commissioners. GEORGE CANNING. No 36.-His Majesty's Commrs, to Mr. Secy. Canning.-(Rec. July 14.) Having concerted with the acting Chief Justice of the Colony, Mr. Kenneth Macauley, we met that Gentleman at the Government-House, on the 28th of April last. His Majesty's Commission to Mr. Hamilton having been read, Mr. Hamilton took, before the acting Chief Justice, the Oath prescribed to him by the Commission, after which a Certificate of this fact was drawn up and signed by the acting Chief Justice. On the 15th instant, we met at the Mixed Commission CourtHouse. Mr. Hamilton exhibited to the acting Registrar the Certificate of his having taken the Oath as Arbitrator before the Chief Justice. A Copy of the Certificate was taken by the acting Registrar to be kept amongst the Records of the Mixed Commission. His Majesty's Commission to Mr. Hamilton was read in Open Court by the acting Registrar, and the Court was declared to be open for the despatch of business. A minute was made of these proceedings. We have the honour to be, &c. The Right Hon. George Canning. E. GREGORY. GENTLEMEN, No. 37.-Mr. Secretary Canning to His Majesty's Commissioners. Foreign Office, September 3, 1824. IN reference to your Correspondence on the subject of the Spanish Schooner "Fabiana," I enclose to you the Copy of a Letter which has been received at this Office from the Admiralty, by which you will remark, that the charge of prosecuting that vessel devolved necessarily upon the Subordinate Officer, Lieut. Gray, only in consequence of the death of Sir Robert Mends, the Commanding Officer of the capturing Ship. This explanation of the matter appears to me to be satisfactory. I am, &c. His Majesty's Commissioners. GEORGE CANNING. C- (Enclosure.)—J. W. Croker, Esq. to Joseph Planta, Jun. Esq. SIR, Admiralty Office, August 19, 1824. In reference to your Letter of the 28th of May last, relative to the Spanish Schooner, Fabiana, detained by the Boats of His Majesty's Ship, Owen Glendower, for illicit trading in Slaves, having been sent in to Sierra Leone, for adjudication, by the Subordinate Officer, without being previously brought to the Captain of His Majesty's Ship; I am commanded by My Lords Commissioners of the Admiralty to acquaint you, for the information of Mr. Secretary Canning, that it appears to have been in consequence of the death of Sir Robert Mends, and the consequent disarrangement of that Officer's original intentions, that the charge of prosecuting this Vessel devolved on Lieut. Gray; and that My Lords are not aware that any other course could be taken than that which was adopted. I am, &c. Joseph Planta, Jun. Esq. J. W. CROKER. No. 38.-Edward Gregory, Esq. to Mr.Secy. Canning.-(Rec. Oct. 2.) (Extract.) Sierra Leone, August 4, 1824. His Majesty's Commissioners have informed you of the proceedings of the British and Spanish Court of Mixed Commission, in regard to the undecided Cases of the Spanish Schooners" Fabiana” and “Conchita." They mentioned, Sir, that those vessels had been ordered to be sold by the Mixed Court on the motion of the Proctor for the Captors. I have now, Sir, to acquaint you that those vessels were sold as ordered by the Mixed Court, and that the nett proceeds of their sale will be paid into the Registry, as soon as some points in the accounts of their sale are settled. The nett proceeds of the sale of the "Fabiana" and the "Conchita" may amount to the sum of £400., Colonial Currency. The Right Hon. George Canning. E. GREGORY. No. 39.-Edward Gregory, Esq. to Mr. Secy. Canning.—(Rec. Oct. 2.) (Extract.) Sierra Leone, August 14, 1824. WITH reference to the Despatch which I had the honour to address to you on the 4th instant, I beg leave to inform you that the nett proceeds of the sale of the Spanish Schooner "Fabiana," amounting to the sum of £284. 19s. 11d.; and the nett proceeds of the sale of the Spanish Schooner Conchita," amounting to the sum of £186. Os. 8d., have been lodged in the Registry of the British and Spanish Court of Mixed Commission. " The Right Hon. George Canning. E. GREGORY. No. 40.--Edward Gregory, Esq. to Mr. Secy. Canning.—(Rec. Nov. 11.) the 19th instant. |