I HAVE the honour to inclose a Copy of a note, which I have addressed to M. Perez de Castro, in execution of the instruction contained in your Lordship's Despatch of the 11th instant, (marked Slave Trade) respecting the impediments still presented by the authorities of Cuba, to the efforts of Her Majesty's Government for a due execution of the Treaty for suppressing Slave Trade, with regard to the Black Soldiers, doing duty on board the " Romney" hulk at the Havana.

For fear that your Lordship should suppose, I had omitted to insert in my note a portion of the statement of Her Majesty's Commissioners at the Havana, dated 20th September, 1839, I have the honour to observe, that a misconception seems to exist in one part of it, regarding the Captain General's release of the four black soldiers upon the representations of the Superintendent. Her Majesty's Commissioners consider that such could not have been the case, because the release took place before their answer to the Captain General could be returned. That reason, however, seems at variance both with the part of their statement which relates to the demand of release made by the Superintendent, and with the Captain General's report of his compliance with that demand.

I have, &c.

G. S. S. JERNINGHAM.

SIR,

Mr. Jerningham to M. Perez de Castro.

Madrid, December 23, 1839.

I REGRET extremely to have to bring before your Excellency an additional proof of the disposition felt by the authorities of Cuba, to oppose the efforts made by Her Majesty's Government, for a due execution of the Treaty between Great Britain and Spain, for suppressing the Slave Trade.

Your Excellency has long been in possession of the wishes of Her Majesty's Government respecting the negro soldiers, kept on board the "Romney" hulk at the Havana.

In a Dispatch received by Viscount Palmerston, from Her Majesty's Commissioners in that city, it is stated that four of those soldiers, who had been sent to

CLASS B.-FURTHER SERIES.

B

Grenada in charge of emancipated negroes, were detained by Spanish authority on their return to the Havana. They were sent in the Bremen brig " Louise Fredericke" with the negroes taken on board the Spanish Slave Schooner "Sierra del Pilar," for the purpose of preserving order. preserving order. With this fact the authorities of the Havana were acquainted, an officer from the Captain of the Port's office having visited them in a boat, and seen them on board the brig "Louise Fredericke" when about leaving the harbour.

On the 12th of August last, the "Louise Fredericke" returned, having taken the negroes to Grenada, and with her, as a matter of course, returned the four black soldiers; but, upon proceeding to their quarters on board the "Romney," they were stopped by the Captain of the Port, and placed in charge of a Spanish soldier, whilst the circumstance was reported to the Captain General.

On the following day, Her Majesty's Commissioners received a communication from His Excellency, in which it was assumed, in the first place, that these four black soldiers were an addition to the force, in the " Romney;" secondly, that the original number of fifteen was not to have been increased; and thirdly, that white soldiers were to have been substituted for black.

These three assumptions were incorrect; the first for a reason which is obvious, the second and third because Her Majesty's Government had never consented to either the limitation or the change.

The assumption respecting the limitation appears also rather unaccountable, because the Captain General more than a year previously, viz., the 1st of May, 1838, had been informed that the number of black soldiers on board the "Romney" was thirty-six.

On the 20th of September of the present year, their number was reduced to twenty-nine, sergeants included, and there can naturally be no wish to increase it beyond what is absolutely required, but such number must, as naturally, vary with circumstances. It seems, indeed, to have been out of the question that the original number of fifteen could suffice for the duty required, for it was considerably increased immediately after the arrival of the "Romney."

A second letter from the Captain General, informed Her Majesty's Commissioners, that the four black soldiers had been detained on board the "Louise Fredericke" by his orders, but were dismissed upon Her Majesty's Superintendent's explaining to him, that they were the same men who had been sent in charge of the liberated negroes. The former of these assertions, however, seemed at variance with the possibility of there having been time for His Excellency to hear anything upon the subject, between the return and the detention of the four soldiers.

It appeared incredible to Her Majesty's Commissioners that the Captain of the port, or whoever primarily detained the four soldiers, could have been ignorant that they had been sent with the liberated negroes to Grenada.

They were consequently induced to regard their detention in the light of a pretext for making a complaint; and it is with much regret that I find myself called upon to observe to Your Excellency, that the authorities of Cuba appear invariably fond of making such complaints. In proof of such unfriendly tendency, I may mention the following fact. The Captain of the Partido complained that the soldiers of the "Romney," on one of the days allowed them for going on shore, had exceeded their bounds, and conducted themselves with " arrogance." Her Majesty's Judges, in consequence, went to examine the locality, when they discovered that there was not even a frivolous ground of charge against the black soldiers, but, on the contrary, that it was the inhabitants who were to blame, since it appeared that some of the latter had endeavoured to entice the soldiers from the fields, to which they were limited, into their houses, by offering them to drink. The soldiers, however, were too prudent and well conducted to fall into the trap.

Another vexatious fact, which I am instructed to bring under the notice of the Spanish Government, which has only recently come to the knowledge of that of Her Majesty, and which is considered to speak volumes upon the point in question, is the following; That, whilst the authorities of Cuba have been pretending to feel the greatest alarm as to the possible bad effect on the subordination of the slaves in Cuba, and upon the general tranquillity of the island, from the presence of a detachment of one of Her Majesty's black Regiments on board the "Romney ;" and whilst those authorities have, in alleging such reasons, refused permission to these black soldiers to land, except under severe restrictions, and upon condition of their holding no intercourse with any of the inhabitants of Cuba, it appears that all the time there have actually been two whole regiments of negroes in the service of the

Government of Cuba, and that a portion of these black regiments are constantly quartered in the city of the Havana, and are daily to be seen in the streets.

It is further to be remarked, that the men of these two black regiments speak the same language as the slaves of Cuba, whereas the men of the British detachment, having been brought up in a British colony, must frequently find it difficult to make themselves understood by either the slaves or the free people of Cuba.

I am instructed to state to Your Excellency, in conclusion, that Her Majesty's Government are convinced, that, when the Government of Her Catholic Majesty shall have given their attention to these circumstances, they will take such steps as may be necessary for compelling the authorities of Cuba to put an end to those unfriendly, and, as it is now made evident, most groundless restrictions, which they have hitherto imposed upon the detachment doing duty on board the Romney." I have, &c. G. S. S. JERNINGHAM.

66

His Excellency

(Signed)

REFERRING to my Despatch, marked Slave Trade, of the 14th instant, I have the honor to enclose a copy and translation of a note, which I have received from M. Perez de Castro, in answer to my representation respecting the continued detention of the negro boy "Wellington," at St. Jago de Cuba.

M. de Castro to Mr. Jerningham.

(Translation.) SIR, Madrid, December 26, 1839. I HAVE the honour to inform you, that having taken into consideration the contents of the note, which you were pleased to address to me on the 8th instant, respecting the negro boy "Wellington," who was kidnapped in Montego Bay in 1834, I this day transmit a copy of the said note to the Captain General of the Island of Cuba, in order that he may immediately report to this Department respecting the fraud, which, according to the information possessed by Her Britannic Majesty's Government, seems to have been practised at Cuba, by substituting another boy instead of "Wellington," and delivering him over to the British Consul.

So soon as I receive the report of the said Captain General, I will hasten to transmit it to you, for the satisfaction of the British Government.

SIR,

Viscount Palmerston to Mr. Jerningham.

Foreign Office, January 13, 1840. I HAVE received your Despatch, Slave Trade, of the 28th December, 1839, containing a copy of your representation to the Spanish Government, upon the con

duct of the local authorities in Cuba, in respect to the black soldiers doing duty on board the "Romney" hulk at the Havana, and I have the sasisfaction to acquaint you, that Her Majesty's Government approve the note which you addressed upon this subject to M. Perez de Castro on the 28th December, 1839.

I am, &c.

MY LORD,

Mr. Jerningham to Viscount Palmerston.

Madrid, January 11th, 1840. (Received January 20th 1840.) I HAVE the honour to enclose a copy of the note, which I have addressed to M. Perez de Castro, in execution of the instruction contained in your Lordship's Despatch, marked Slave Trade, of the 21st December 1839, renewing the offer of Her Majesty's Government to take charge of the emancipated negroes in the island of Cuba. I have, &c. G. S. S. JERNINGHAM.

(Signed)

Enclosure in No. 4.

SIR,

Mr. Jerningham to M. de Castro.

Madrid, January 5th, 1840.

YOUR Excellency is doubtless aware, that in the month of August 1837, a correspondence took place between the Government of Her Catholic Majesty and this Legation, respecting the non-execution of those stipulations of the Treaty of 1817, between Great Britain and Spain, which provided for the good treatment of those negroes, who, being emancipated under that Treaty, might be left in the hands of the Spanish authorities in the island of Cuba; and that on the 25th of the said month, Her Majesty's Envoy at Madrid stated to Her Catholic Majesty's Minister for Foreign Affairs, that Great Britain was willing to relieve the island of Cuba from the burthen of those negroes, by removing them to the British Colonies. The reply of the Spanish Government was, that it could not come to a determination on this subject, until it should have received information which had been required from the authorities of Cuba. But Her Majesty's Commissioners at the Havana have recently written word of the prevalence of a report, that the Captain General of Cuba had received a Royal Order, directing him to deliver up to the British Government, such negroes as have in former years been liberated by Decree of the Mixed Court of Justice in the Havana, and have been left in the island of Cuba.

I have consequently received an instruction to enquire of the Government of Her Catholic Majesty, if such an order has been actually sent to Cuba. I am also directed to state, that Her Majesty's Government, always anxious that the negroes, who have been emancipated under the Treaty of 1817, should have the full benefit of the provisions of that Treaty, which guarantee to them complete and permanent freedom, is ready to take upon itself the care and charge of all the negroes, who have been emancipated in Cuba under the stipulations of the Treaty of 1817, if the Spanish Government should consent thereto.

I have further the honour to observe, that, as the condition of slavery has now been abolished by law in the British Colonies, those negroes could not, in a British Colony, be reduced to slavery, under any pretext whatsoever.