This plain statement of the circumstances of the capture renders it unnecessary for the Undersigned to reply to those parts of Senhor Lopes Gama's note, in which His Excellency, in somewhat strong language, actuated doubtless by a praiseworthy and an honourable feeling, excited by completely erroneous information on the facts of the case, asks satisfaction for a supposed wrong on the part of the British officer in command of the "Fawn.'

The Undersigned cannot, however, but regret the precipitancy of the Commandant of the fortress, of Santa Cruz, in sending a strong official representation to his Government, upon information so inexact as that which induced him to make the communication enclosed in Senhor Lopes Gama's note.

In the first place the Undersigned begs leave to remark, that so serious a charge should only have been the result of personal observation, or the most accurate reports from a responsible officer; the report of the Commandant of the fortress appears, at first sight, to be that of an eye-witness; however, it is proved by the second paragraph of that officer's letter, "logo que recebi esta parte, fui á "Bateria," &c., (on receiving this report I proceeded to the battery, &c.,) that the reported capture must have been made long before the commandant proceeded to that distant part of the outworks of the fortress, where the occurrence could alone be visible, and that the vessels in question were tacking at some distance when he first saw them.

It is, however, matter of sincere congratulation to the Undersigned, that the Commandant did not feel sufficiently convinced of the accuracy of the report, to act hastily upon it, otherwise than by transmitting it to his superior officer: the possible grave consequences of an error of this nature might have been such, as to be deeply deplored both by Her Majesty's Government and that of this empire.

66

The account of the Commandant so far corroborates that of the Commander of the Fawn," that it is evident that the capture of the "Sandade" took place at such a distance from the fortress, that it could not be seen from thence.

The same observation probably applies to the two Brazilian men-of-war, unless, as is probable, the Commanders of those vessels, aware that the capture had been made at a distance which, by the usages of the naval service, completely justified the English officer, very properly did not interfere.

There is only one point in which the Commanders of the Brazilian vessels of war, may justly incur censure. The " Sandade" and another Slaver, the "Duas Irmaas" under the Portuguese flag, were coming in, and must have been seen by those officers: it was their duty as naval Commanders in the Imperial service to have examined those vessels, whose appearance was so suspicious, and to have captured them for an infraction on the laws of this empire. Nay, by the letter of the Convention between Her Majesty's Government and that of Brazil, had the Commander of the "Fawn" not been enabled to capture the " Sandade," he was entitled to the assistance not only of those officers, but also of the Commandant of the fortress, as the foreign vessels in question were to be regarded as a common enemy, employed in evading the laws of this empire-in violating the principles of every human right, morally and legally, and in fact committing an act of piracy both according to Brazilian and British law,"

So far from an insult having been offered by any English officer, to the sovereignty and dignity of the Brazilian empire, it is that foreign flag which so notoriously abuses the hospitality and forbearance of an independent nation, by carrying on a piratical trade, almost openly, in defiance of its laws and the wishes of its Government, that continually and grossly insults the Imperial Government by defying its laws and regulations, and systematically forcing upon the Brazilian nation, for the gain of a few Colonists on the Coast of Africa, and other foreigners settled in this country, all the evils of a commerce reprobated alike by humanity, law, and policy.

It must be remembered also, that the Portuguese subjects who so pertinaciously carry on the Slave Trade between Brazil and the Colonies of Portugal on the Coast of Africa do so against the express law of their own country, and in violation of the engagements of their own Government; placing themselves, like the sharers in all other piratical practices, out of the pale of the law, and forfeiting the protection of every civilised Government.

The Undersigned has the honour to enclose an extract from the official letter from the Commander of the "Fawn" to the officer Commanding Her Majesty's naval forces in this harbour, and to refer His Excellency Senhor Lopes Gama, to the Second Article of Instructions to Her Majesty's cruisers under the Slave Trade Con

vention, in which the distance specified at which captures are not to be made is "within cannon shot of the batteries on shore," in confirmation of some parts of the note which he has now the honour to address to him,

I HAVE the honour to inform your Lordship, that I have received from Her Majesty's Commissioners an official communication of the condemnation, on the 28th January last, in the Mixed Court of Commission, of the "Dom Joao de Castro," slaver, captured under Portuguese colours off this coast by Her Majesty's brig "Grecian." I have, &c.,

WITH reference to the subjects of my two Despatches, marked "Slave Trade," of this day's date, the enclosed Letter to Captain Freemantle, temporarily in command in this harbour, will perhaps assist in forming a judgment of the case of the "Congresso," and afford some information on the subject of the Slave Trade generally as carried on here.

With respect to that part of the Portuguese Minister's note (see Enclosure No. 5, in Despatch of 17th February, relative to the "Congresso"), in which he states that the "Congresso" had been boarded and released by Her Majesty's frigate "Acteon (on its way to Buenos Ayres), and one of the ship's papers endorsed as a certificate or pass given to that effect, I wrote a letter to Commodore Sulivan, requesting him to inquire into the circumstance affirmed, very possibly, without foundation, but suggesting that officers should be instructed not to furnish vessels, particularly if suspicious, and under the Portuguese flag, with any such certificates or endorsements, which the masters are always exceedingly anxious to obtain.

Although useless in preventing condemnation, when other condemnatory circumstances exist, such papers or endorsements are looked upon as passports, and give rise to supposed claims, and might deter cruisers, unacquainted with the peculiar difficulties of the Suppressive Service, from making the very strict search necessary to detect the illegal character of vessels.

In some late instances, when very severe scrutiny had been exercised by examining a vessel down, as it was supposed, to the ballast, upwards of 100 Africans were concealed under a false flooring, and in casks; and the vessel entered a small harbour in this neighbourhood with impunity, some of the negroes having perished by the means employed to conceal them.

I thought it my duty, also, to write the Official Letter to Commodore Sulivan, a Copy of which I have the honour to enclose, on perceiving the extreme

excitement occasioned by the capture of the "Sandade," and on ascertaining that an association of above 200 individuals, almost entirely Portuguese Slavedealers, had been formed for the purpose of arming vessels, and, as I was assured, of making an attempt to cut out the hulk.

I enclosed this note, under flying seal, to Captain Christie, of Her Majesty's corvette "Rose," whose opportune arrival prevented, I have reason to believe, the meditated attack on the hulk from having been attempted, as was intended, the very night of his arrival; and it was sent to Commodore Sulivan by the last Buenos Ayres packet.

I HAVE been informed that the " Bellona," Portuguese Slave-schooner, that recently sailed from this port for Angola, viá Benguela, has on board a very great quantity of provisions, sufficient alone to condemn her under the new bill for the suppression of the Portuguese Slave Trade; besides being provided with other articles which render her employment in the traffic in Africans evident. ·

The "Congresso" also lately sailed from hence, and among other articles specified in the manifest is an "alembics" or still, which circumstance fully confirms information that I lately received, to the effect, that in order to evade the clause condemning vessels with large coppers on board, Slavers ship these boilers under the denomination of "alembics" or stills, the upper parts of which are easily removable, so as to reconvert them into ordinary boilers. The " Congresso" contains likewise other articles condemnatory of its voyage.

It appears necessary also to mention, that the circumstance of females as passengers, or as wives of masters or others, being on board, is by no means a proof, or even a presumption, of the legal nature of a voyage to, or from, the coast of Africa, nor a reason for dispensing with the usual search and examination, as has, I learn, been supposed by some officers.

The person lately named by the Government of Her Most Faithful Majesty as Portuguese Vice Consul at this capital, Senhor Pestana, has for many years employed a woman, a Spaniard by birth, as his agent for Slave-trading concerns; and this female continues to act in his service, and other instances of similar arrangements are known.

I am informed that two Portuguese Slave-vessels are expected on or about the 20th instant, between Ponte Negra and Macahé, and that their owners have just left Rio to meet them. The names of the vessels are "Dois Amigos," and "Animo Grande;" one of them is to land negroes at a little Island off Macahé. I have, &c.

To Captain Freemantle.
&c.
&c.

(Signed)

W. G. OUSELEY.

SIR,

Second Enclosure in No. 103.

Mr. Ouseley to Commodore Sulivan.

་

'British Legation, Rio de Janeiro, February 3, 1840.

IT is my duty to call your attention to the extremely weak state of Her Majesty's naval forces in this harbour. The brig of war "Clio," being in fact, the only man-of-war now here, while late captures of Slavers have placed under the charge of her commander Captain Freemantle, a considerable number of

prisoners, whose connexions on shore are extremely active, daring, and troublesome, in their attempts to liberate them.

There are other points of the service also for which the presence of a greater force would be desirable; but without taking the liberty of intruding my opinion upon subjects of which you, Sir, are so much better qualified to judge than I am, it is imperative upon me to lay before you some late occurrences, in order that, if possible, such men-of-war as can be spared, may be sent hither with as little delay as possible.

In consequence of the late capture of two Portuguese Slave-vessels, by Her Majesty's cruisers, (the circumstances of which have been doubtless duly reported to you from the proper quarter), not far from the mouth of the harbour, it has been asserted, that the flag and sovereignty of Brazil have been violated, and strong remonstrances on the alleged capture" within gun-shot," have given rise to much irritation and some strong, although unfounded representations from the Portuguese Minister, and an unpleasant correspondence between the Imperial Government and Her Majesty's Legation.

this

But the point to which I wish more particularly to call your attention is, that the commandant of the fortress of Santa Cruz, and the commanders of two Brazilian men-of-war, have been deprived of their command for not having "used the means at their disposal," to prevent these captures, in other words for not having fired at Her Majesty's cruisers; and as Slavers are daily coming in and leaving port, and may, at any time, be detained by Her Majesty's cruisers, which detention, although perfectly justifiable, may in the present temper of the inhabitants and Government, give rise to disputes, it appears to me my duty strongly to recommend, that for the present, all vessels that can be spared from other services, should be sent to this capital, so that the duty of cruising for the suppression of the Slave Trade may not be impeded, and at the same time, a sufficient force be stationary in the harbour, to prevent any disrespect being shown to Her Majesty's flag.

I am more particularly induced to make this representation at the present moment, as I learn that an association of above 200 individuals, interested in the Slave Trade, nearly all Portuguese, have subscribed and united for the purpose of fitting out, and arming vessels to act as privateers, should war with Portugal be proclaimed, or in Slave-trading, or other piratical practices, as circumstances may decide.

This club or association intends also, as I am informed, to employ large boats filled with men, for the purpose of making an attack at night upon the hulk "Nova Piedade," and liberating the prisoners.

I send this Despatch by the "Marion," American corvette, which sails tomorrow, as the packet may not come in for some days.

P. S. Since the above was written, the packet from Falmouth has arrived, and I therefore shall forward this by the "Spider." The "Rose," has also come in, but still I think it advisable to allow my letter to remain unaltered.

I HAVE received your Despatch, Slave Trade, of the 17th February, 1840, enclosing Copies of your Correspondence with Her Majesty's Naval Officers, and with the Brazilian Government, upon the subject of the capture of the " Sandade" Slave-vessel, under Portuguese colours, at a short distance from the harbour of Rio de Janeiro; and I have the satisfaction to acquaint you, that Her Majesty's Government approve the steps which you took on this occasion.

No. 105.

Viscount Palmerston to Mr. Ouseley.

Foreign Office, April 23, 1840.

[Circular sending Treaty with Venezuela].

(See No. 20, page 18.)

No. 106.

Viscount Palmerston to Mr. Ouseley.

Foreign Office, April 27, 1840.

SIR, I HAVE received your Despatch, marked, Slave Trade, of the 17th of February, 1840, reporting to me the capture of the Portuguese Slave-vessel, "Congresso,” and enclosing Copies of Correspondence on the subject of that capture.

Among other Papers enclosed by you in that Despatch, enclosed, I observe Copies of a Correspondence between yourself and M. Figanière, the Portuguese Minister accredited to the Court of Brazil; and it becomes my duty to state to you, that I disapprove of your having permitted M. Figanière to depart from the accustomed and established international usages by addressing a note to you, and of your having answered that note.

M. Figanière and yourself are accredited by your respective Governments to he Government of Brazil; but you have no official relations with each other that can entitle you to correspond upon matters connected with the relations between your respective Governments, and neither of you can be furnished with any instructions necessary to enable you so to correspond.

All questions between Portugal and Great Britain must be discussed either at Lisbon between the Portuguese Government and the British Minister, or in London between the Portuguese Minister and Her Majesty's Government; but it is quite impossible to allow such discussions to be carried on between Portuguese and British diplomatic agents at other Courts.

You ought therefore to have returned to Mr. Figanière the note which he addressed to you; explaining to him at the same time why you did so; and I have to instruct you to return in that manner any future note which M. Figanière may address to you; informing M. Figanière that you have powers and instructions to be the organ of communication between the British Government and the Government of Brazil, but that you have no powers and instructions to be the organ of communication between the British Government and the Government of Portugal.

I am, &c.

SIR,

Viscount Palmerston to Mr. Ouseley.

Foreign Office, April 30, 1840.

I ENCLOSE to you herewith Copies of three Despatches, which have been addressed to me by Her Majesty's Commissioners at Rio de Janeiro, respecting an Embargo laid upon the proceeds of the Slave-vessel, the "Maria Carlota" by Joao Pereira de Andrade, on account of a mortgage held by him on that vessel.

Having referred these papers to the Queen's advocate for his consideration, and for his report on the question to which they relate, I have now to acquaint you, that it is his opinion, that no party who has a mortgage on a vessel condemned for being illegally engaged in the Slave Trade, can acquire by such mortgage any title to payment out of the proceeds of such condemned vessel; and consequently that no