sea, in latitude 4° 45' N., longitude 8° 44′ W., this 17th day of March, 1841.

WILLIAM TUCKER,

Captain and senior officer in command.

[Sub-enclosure.]

Extracts from the log-book of H. B. M. brig " Termagant."

MONDAY, October 21, 1839.

A. M. 8h. 30m., observed a sail NE.; made sail in chase; lost sight of chase 10h., got sight of chase ahead. 11h., hove to, and boarded the American brig" Douglas." 12h., light airs and cloudy, with rain; sent an officer and party to examine brig; found her with slave cargo. Noon, lat. 4° 30' N., long. 4° 34' E., Whydah N. 560, W. 194'. P. M., 2h., captain of brig came on board with papers; sent an officer and party of men to take charge of the brig, being engaged in the slave trade. 5h., received seven Spaniards calling themselves passengers; victualled ditto on two-thirds allowance; made sail. Sh., calm and fine; brig in company.

Tuesday 22d October, 1839.--A. M., light airs. 4h., do. weather, brig ahead. Noon, lat. 4° 13' N., long. 3° 56' 15" E., Whydah N. 42o, W. 175'. P. M., calm and fine. 4h., do. weather, brig bearing W. by N. 8h., calm and fine; brig W. S.

Wednesday, 23d October, 1839.-A. M., 4h., calm and clear; brig in company. 12h., calm and fine; brig in company. Noon, lat. 4° 10' N., long. 3o 42' E., Whydah N. 40°, W. 159. P. M., 4h., calm and fine; brig in company. 7h. 30m., in gaff foresail, backed main-topsail; sent a boat on board brig. 8h., light airs and fair; up boat and made sail; brig in company. 12h., light airs and fine; brig astern.

Thursday, 24th October, 1839.-A. M., light airs and fine; brig in company. Noon, lat. 4° 30' N., long. 3° 17' E., Whydah N. 41, W. 110'. P. M., 4h., light airs and fine; brig in sight, bearing E. by S. 6h., wind and cloudy; brig in company.

Tuesday, 29th October, 1839.-A. M., 10h., hove to and communicated with the brig "Douglas;" sent prisoners on board; do. 11h., gave up charge of the brig to her captain. 11h. 30m., up boat and made sail to

the eastward.

True extracts:

H. F. SEAGRAM, Lieutenant commanding.

Certified as correct, having been read over in my presence.

WILLIAM TUCKER,

Captain H. M. S. "Wolverine," and senior officer in command.

[Sub-enclosure ]

HER MAJESTY'S BRIG "TERMAGANT,"

West Coast of Africa, October 30, 1839.

SIR: 1 have the honor to inform you that on the 21st instant I detained the American brig named the "Douglas," of Duxborough, United States, Alvin Baker master, carrying two guns, and kept possession of her until the 29th, in expectation of obtaining some intelligence from the senior officer at the rendezvous that would enable me to proceed against her. I learnt from the "Waterwitch" (which vessel I met on the 28th) that no intelligence had yet arrived from the United States respecting the American flag; and knowing the mixed commission court at Sierra Leone has no power over that flag, and the senior officer had already taken such steps as would lead to the settlement of the question, I felt constrained to liberate the vessel.

The above-named American brig "Douglas" was chartered from the Havana for the rivers Brass and Bonny, with a large slave cargo, (Spanish property.) There were seven Spaniards on board. Two of these men were to act as factors at the two rivers; the principal man (the supercargo) at the Brass.

The vessels to receive the slaves were to arrive from the Havana in a short time; they were to be built on the newest and most approved construction, at Baltimore, for the express purpose, and to sail under the Spanish flag, without equipments for slaves, in order to make certain of their safe arrival without obstruction from any cruisers.

I felt regret at the want of power to crush a project of such importance towards the suppression of the slave trade, especially as, from the skill and enterprise shown on the occasion, there is every chance of its success. I have, &c.,

H. F. SEAGRAM, Lieutenant Commanding.

Rear Admiral the Hon. GEORGE ELLIOT, C. B.,

Commander-in-Chief.

[Enclosure.]

FOREIGN OFFICE, December 29, 1842. The undersigned, her Majesty's principal Secretary of State for Foreign Affairs, with reference to the note which Mr. Everett, envoy extraordinary and minister plenipotentiary of the United States of America, addressed to him on the 23d instant, upon the subject of the United States vessels "Tigris," "Seamew," and "Douglas," has the honor to state to Mr. Everett that Mr. Rothery has received directions to wait upon Mr. Everett on Friday, the 30th instant, at half-past eleven o'clock, conformably to the arrangement proposed by the undersigned, and accepted by Mr. Everett, in respect to the United States vessels "Seamew" and "Tigris."

With reference to Mr. Everett's proposal respecting the "Douglas," the undersigned begs to refer Mr. Everett to his other note of this day's date, The undersigned avails himself of this occasion to renew to Mr. Everett the assurance of his high consideration.

EDWARD EVERETT, Esq., &c. &c. &.c.

ABERDEEN.

Mr. Everett to Mr. Webster.

[Ext act.]

3

LONDON, January 28, 1843.

I informed you, in my last despatch, that I should avail myself of the assistance of some skilful practical merchant, in adjusting, with the Solicitor of the British treasury, the claims of the owners of the "Tigris" and "Seamew." I put the business into the hands of Mr. John Hillard, of Boston, a gentleman for some time established in business here, and possessing all the qualities required for the purpose. His report, containing the result of the joint examination instituted into the claims by himself and Mr. Rothery, is herewith enclosed, for your information and that of the parties interested. You will perceive that a reference to those parties for further evidence and explanation, touching some items of the claim, became necessary. Of other items, some are wholly agreed to by the Solicitor of the Treasury, some allowed in part, some altogether rejected as inadmissible. I do not consider myself authorized to abandon any part of the claim as originally advanced by the owners of the "Tigris" and "Seamew," whatever my opinion may be of those items in reference to which Mr. Hillard and Mr. Rothery concur. It will remain for the government of the United States, after considering such further evidence and explanation as the owners may offer as to the contested items, to decide how far they shall be compromised. In whatever may be left to my own discretion, I shall be very much guided by Mr. Hillard's views as they have been already expressed, or may be, on the receipt of further evidence.

[Enclosure ]

LONDON, January 24, 1843. DEAR SIR: Since I had the honor of an interview with you, I have met Mr. Rothery, appointed by the treasury to investigate, on the part of the British government, the claims of Messrs. Brookhouse & Hunt, in the cases of the "Tigris" and the "Seamew;" and I now beg to wait upon you with the result of my conferences, which will appear in the reports herewith submitted.

I distinctly stated to Mr. Rothery that I was not authorized to make any definite settlement of the question, but that upon your return to town the papers would be laid before you, for your consideration and determination.

The papers submitted are drawn at some length, and the claims appear rather plausible; but many of the claims and proofs will not bear the test of closer examinations, being loosely drawn up, and depending entirely on the declarations of the captains of the several ships, without any corroborative testimony whatever.

These remarks will refer more particularly to claims for not being allowed to fulfil contracts and effect sales.

The sixth claim in the case of the "Tigris," and the seventh claim in the case of the "Seamew," rest entirely on the declarations of the captain, and are entirely unsupported by any other evidence. These two

claims are, at present, rejected entirely by Mr. Rothery, and to recover any thing upon them will require proofs of the contract having been made, and proofs of the state of the market at Ambris, and that actual sales could have been and had been made at the prices quoted.

In the third claim of the case of the "Seamew," the evidence that the whole of the damaged coffee was thrown into the sea is exceedingly defective. It appears that one hundred and fifteen bags, and some loose coffee, were more or less damaged; and the captain declares that he threw all the damaged coffee into the sea, but he does not declare that he threw the whole 14,000 lbs. of coffee, more or less damaged, into the sea.

On the other hand, suspicion is excited by the purchase at St. Helena of 120 gunny bags; and the question naturally suggests itself, for what purpose were these gunny bags to be used, unless to repack the coffee, or the greater part of it, which it was said was contained in 115 bags, with some loose coffee, all more or less damaged? Mr. Rothery will require proof from St. Helena that all the coffee said to be damaged was actually thrown into the sea, and became a total loss.

My own opinion of the several claims is imbodied in the remarks submitted in the reports of each case, which accompany this. Whatever claims Messrs. Brookhouse & Hunt may have, morally or equitably, to further allowances than those recommended, they cannot, in the statements as submitted, it appears to me, establish them either in a mercan. tile or legal point of view. The claims for insurance are rejected, because, in fact, the British government were the insurers themselves during the time of capture; claims for demurrage are generally supposed to cover some of the losses of imagined profits. It may be objected that an allowance has been offered in the seventh claim of the "Tigris," which rested upon no better evidence than the sixth claim in this case, and the seventh claim in the case of the "Seamew." To this I reply that great opposition was made to this very claim for want of proper proofs, and the principle was insisted upon that there should be other evidence than that of the declaration of the captain. The next claim in the case of the “Tigris” is for damage of goods depreciated by their return, and other causes, as set forth. In this case, it is insisted that the account sales of the goods, if actually sold, should have been sent, or that they should have been sold, the account sales produced, and claim made for actual loss.

It was only after great difficulty, and pressing the matter, that the offer was made in these two cases.

Before acting upon my suggestions, you may wish to place them before some other mercantile person, of perhaps more experience than myself, for his opinion. This would be more agreeable to me than to have the matter settled upon my own judgment, although I have bestowed much attention upon the papers, and have endeavored to give an honest and unbiassed opinion.

It rests, therefore, with you, to adopt the report which I have made, which claims more than Mr. Rothery is disposed to allow, or to refer the papers back to Messrs. Brookhouse & Hunt for further proof, as allowances proposed are so much less than the claims. This will be, perhaps," the course most likely to satisfy the parties concerned.

Respectfully submitting the papers to you, I have, &c.,
JOHN HILLARD.

EDWARD EVERETT, Esq., &c. &c. &c.