I, Lieutenant Charles Fitzgerald, commander of Her Britannic Majesty's brigantine "Buzzard," hereby certify, that being in Clarence Cove, Fernando Po, this day I detained the Spanish brigantine" Eagle," unarmed, commanded by Joshua Wells Littig, who declared her to have been detained on the 14th January last, by Commander Reeves, of Her Majesty's sloop, "Lily," and stated what is set forth in the declaration, made by me this day, and forwarded to the Court of mixed Commission at Sierra Leone, and that the papers and documents seized by me on board the said brigantine" Eagle," being marked from No. 1 to No. 38, are enumerated in the following list: No. 1. Muster roll, dated Havana, 10th May, 1838. No. 4. Clearance from St. Salvador, dated 15th October, 1838. No. 9. Clearance from Bahia, dated 15th October, 1838. No. 11. Certificate of the United States' Consul, at Bahia, of the embarkation of five African convicts. No. 12. Certificate from Bahia, of the "Eagle's" having taken in water, casks, and tobacco. No. 20. Muster roll from Bahia, dated 15th October, 1838. No. 26. Bill of harbour dues of Bahia, dated 17th October, 1838. Five log-books not numbered. 5, 6, 7, 8, 10, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32 33, 34, 35, 36, 37, 38, miscellaneous. Given under my hand, on board Her Majesty's brigantine "Buzzard,” in SIR, Tenth Sub-Enclosure in No. 135. Lieutenant Broadhead to Admiral Elliott, C.B. Her Majesty's brig, "Lynx," at sea, 27th March, 1839. WITH reference to my report of capture of the schooner, "Mary Cushnig," calling herself American, and wearing the colours of the United States, dated 25th instant, I deem it my duty, conscious of the serious consequences to which an officer renders himself liable, who interferes unnecessarily or vexatiously with a vessel sailing under the American flag, to lay before you the peculiar circumstances which induced me to act by her as by my previous report, above alluded to, I have done. The vessel was manned entirely (with the exception of the individual calling himself Captain) by subjects of Spain and Portugal, even the supercargo being a Spaniard, incapable of speaking English; she appears, by her papers, to have been originally built and fitted at Baltimore; owned by a person named William Hooper and others, who sent her for sale to Havana by a person called John Tyler, he holding the necessary power of attorney; John Tyler makes her over to Fernando Kyes, a Spaniard, resident in Havana, who held, a power of attorney, or substitute, granting him full power to sell or dispose of her in such manner as he should consider most advisable, and to act in every way for her as he thinks proper. In tracing through the papers on board this vessel, her log was found written entirely in Spanish, which the master, at first, refused to show-both of the present and former voyages. So far as it is possible to ascertain by her muster rolls, now sent to the Court, she has never had a single American among her crew (except the man called Captain, whose being so may be doubted from his speaking English very imperfectly, and having no American protection with him), but has sailed, manned by Spaniards, from a Spanish port, her cargo solely owned by a Spaniard, and the vessel altogether entirely in Spanish interest, as she is at present under that of Fernando Ryes, her supercargo confessedly a resident at Havana. I have heard also that she was once detained, for six weeks, by Her Majesty's brig "Wizard," under nearly the same circumstances, at Bahia, and was only discharged in consequence of no slave equipment being found on board. She is now furnished with planks adapted for a slave deck, slave coppers, leaguers, and in general all such things as Slavers generally carry. Under all these circumstances, I could not but consider that the American colours, and the presence of an individual of that nation, calling himself Captain, but who, while I was on board, did not seem to be in any way interested in the navigation or working of the vessel, was but a subterfuge, made use of to evade the search and detention to which, as a Spanish vessel, she is liable; and that I could not, consistently with my duty as an officer cruising for the suppression of the traffic in Slaves, suffer so gross an imposition to be practised, without submitting the case to the Mixed Court of Justice at Sierra Leone, for adjudication. SIR, Eleventh Sub-Enclosure in No. 135. Lieutenant Fitzgerald to Commander Craigie.. Her Majesty's Brig, Buzzard. Princes Island, 3rd April, 1839. I have the honour to acquaint you, that on the 12th ultimo, being at Fernando Po, I detained the brigantine named the " Eagle," for being equipped for the Slave Trade, and for being Spanish property, as declared to me by the master of her, a citizen of the United States. On the 18th ultimo I sent my boats up the river Nun, having reason to believe that the master of a Spanish schooner, equipped for the Slave Trade, lying up that river, also a citizen of the United States, would surrender his vessel on hearing the fate of the first-named one. I am happy to say that my conjecture proved true, and I therefore brought the schooner out of the river, and put a prize-crew on board of her, and sent both the vessels to this island, preparatory to their being carried to Sierra Leone for adjudication. I hope this step will meet your approbation, and I have, &c. (Signed) CHARLES FITZGERALD. Commander Robert Cragie, Her Majesty's Ship" Scout," Twelfth Sub-Enclosure in No. 135. I, Lieutenant Charles Fitzgerald, Commander of Her Britannic Majesty's brigantine" Buzzard," hereby certify, that on this, 18th day of March, 1839, being off the mouth of the River Nun, in latitude 4° 23′ north, longitude 6° 5' east, I detained the Spanish schooner "Clara," armed with two guns, 4-pounders, commanded by Samuel B. Hooker, who declared her to be bound from Havana to the coast of Africa, and equipped for the Slave Trade, with a crew consisting of eleven men besides himself, and having on board provisions for an expected cargo of Slaves, and fittings for Slaves; and that the papers and documents seized by me on board the said schooner being marked from1 to No. 52, are enumerated in the following list : No. 1. Bill of sale. 2. Muster-roll from Havana. 3. Manifest from Havana. 4. Duplicate of a Bill of lading, signed at Havana, 14th November, 1838. 5. Candernos of the "Clara." (cargo book.) 6 to 52. Miscellaneous papers, contents unknown. Five log-books. Thirteenth Sub-Enclosure in No. 135. (Declaration). I, Lieutenant Charles Fitzgerald, commanding Her Britannic Majesty's brigantine Buzzard," hereby declare, that on this 18th day of March, 1839, being off the mouth of the Nun in latitude 4° 23' north, longitude 6° 5' east, I detained the Spanish schooner, named the "Clara," commanded by Samuel B. Hooker, who declared himself to be a citizen of the United States, and that he is not the bona fide owner of the said schooner set forth in the bill of sale, found amongst her papers, and that the said Spanish schooner and cargo is Spanish property, and was equipped in Havana for the Slave Trade, in November last year, and that the two persons now on board her are Spanish subjects (their names as set forth by them respectively, are set forth in a list at foot hereof), and were entered at Havana as part of the said schooner's crew. The said Samuel B. Hooker also declares, that he was engaged by Don Pedro Forçade and Company, (Spanish merchants residing in Havana) a citizen of the United States, in order to cover the said Spanish schooner and her cargo with the flag of the nation of which he is a citizen, and that he hath no interest, nor expected interest, in the said Spanish schooner, further than what his wages might have amounted to at the termination of his destined voyage. The said Samuel R. Hooker declares, that the said Spanish schooner "Clara," was lying in the river Nun, taking in provisions for her expected cargo of Slaves, and that about eighty Slaves had been bought and are now in the Baracone, near to where the schooner was lying; and the said schooner would have sailed out of the river Nun in the course of a week or ten days, with at least three hundred Slaves on board, destined for the Island of Cuba. Given under my hand, on board Her Majesty's Ship "Buzzard," at sea, this 18th day of March, 1839. (Signed) CHARLES FITZGERALD, In testimony of the truth of the above declaration, the before-mentioned Samuel B. Hooker hath hereunto set his hand, this 18th of March, 1839. SIR, Mr. Strangways to the Secretary to the Admiralty. Foreign Office, 25th June, 1839. I received and laid before Viscount Palmerston your letter of the 8th instant, together with its accompanying papers, respecting the two Spanish vessels "Eagle' and "Clara," sent to New York by Commander Tucker, of Her Majesty's sloop, "Wolverine;" and Lord Palmerston having referred the case to Her Majesty's Advocate-General, I am now directed by his Lordship to acquaint you, for the information of the Lords Commissioners of the Admiralty, that the Queen's Advocate has reported it to be his opinion that Commodore Tucker has acted very discreetly, under the circumstances, in sending the "Eagle" and the " Clara" to New York. It is to be hoped that the course which Commodore Tucker has deemed it advisable, to pursue in these cases, may lead to the punishment of the parties concerned in the Slave-Trading transactions of the "Eagle" and the " Clara," and more especially of the American citizens found on board of these vessels, and Her Majesty's Envoy at Washington will be instructed to bring the case of these vessels before the United States Government, and to express the earnest desire of Her Majesty's Government, that the circumstances may induce the United States' Government to concur with Great Britain, in admitting a mutual right of visitation and search of the Merchantvessels of each nation; or to devise some other effectual mode for preventing the flag of the Union from the disgrace which it now lies under, of being used for the protection of the iniquitious traffic in Slaves. Washington, 11th June, 1839. (Received, 29th June.) I HAVE, upon several occasions, communicated to Mr. Forsyth the facts reported to Her Majesty's Government, regarding the systematic abuse of the American flag, for the protection of the illicit African Slave Trade. I am now employed, since the receipt of Lord Palmerston's last Despatch, in preparing a detailed and circumstantial recapitulation of all the facts relative to these practices, which have been officially brought to the knowledge of Her Majesty's Government during the course of the last two years and more. This statement I shall annex to an official Note addressed to Mr. Forsyth, in the terms directed by Lord Palmerston. A collected mass of Evidence will thus be presented to the United States' Government, which I should hope will command their attention. I shall have the honour duly to forward to Her Majesty's Secretary of State, copies of all the correspondence that may pass. Foreign Office, July 2nd, 1839. I HEREWITH transmit to you a Copy of a Despatch, and of its Enclosure, which I have received from Her Majesty's Commissioners at Sierra Leone, containing an account of the case of the schooner, "Dolcinea" captured under Portuguese colours by Her Majesty's Sloop "Pelican," Brunswick Popham, Esq., Commander, on the 31st of October, 1838, with 253 Slaves on board, bound for Cuba, and con demned in the Mixed British and Foreign Court of Commission at Sierra Leone, as a good and lawful prize. The Papers which were found on board this vessel show that she had wrongfully assumed the flag of Portugal, and that the illegal adventure, in the course of which she was captured, was in its character essentially Spanish. Two Certificates of Mr. Trist, the United States' Consul at Havana, were attached to the matricula, or muster-roll of the crew of the "Dolcinea." One of these Certificates declared that the individual who acted as master of the vessel, had received his appointment to that office from the Agent of M. Caldas, the person who was named in the register of the " Dolcinea," as Portuguese owner of the vessel; and the other Certificate stated, that the Schooner "Dolcinea" carried a crew of sixteen men In contradiction of the first-mentioned certificate, the master himself declared, that he had received his appointment from M. Silva, a Brazilian subject, settled at the Havana, and the master declared further, that M. Silva was sole owner of the vessel and owner of the greater part of the cargo. The other certificate appears to have been framed solely for the purpose of supporting the matricula, or muster-roll; but that document was very irregular and suspicious, since it was drawn up according to the form of the muster-rolls of Slave Vessels, without mentioning the name of a single officer of the vessel; and it bore no marks of having been submitted to the Spanish authorities of the port from whence the vessel sailed. Thus the United States' Consul at the Havana appears, on the face of these documents, to have lent his seal and signature to attest untruths, and to sanction irregularities, intended to cover undertakings in Slave Trade. You will bring these circumstances to the notice of the United States' Government, and you will, in the Note which you will present on that occasion to the Minister of the United States, express the earnest hope of Her Majesty's Government, that the President may see reason to cause inquiry to be made into this transaction, and that the American Consul at the Havana may be directed to take more care in future not to attest Documents which may be meant to cover the traffic in Slaves. I am &c. Her Majesty's Commissioners to Viscount Palmerston, Sierra Leone, December 5, 1838. (See Class A., No. 59, page 88.) (Extract.) No. 139. Mr. Fox to Viscount Palmerston. Washington, July 4, 1839. (Received, July 21.) HER Majesty's brig-of-war "Buzzard," Lieutenant Fitzgerald, Commander, arrived in the harbour of New York, from the African station, on the 12th ultimo, having in charge two American vessels, the "Eagle" and "Clara," of Baltimore, detained by Commander Fitzgerald, on the west coast of Africa, while engaged in the illicit traffic in Slaves. These vessels, when detained by Her Majesty's ship "Buzzard," were sailing under American colours, but furnished with fictitious American papers. It appears they are both bona fide Spanish property, belonging to owners (well known Slave Traders) residing at the Havana; that they were navigated by crews, all Spanish or Portuguese; and that no American citizen was found on board of either vessel, excepting the two persons calling themselves Captains, by name, "Joshua W. Littig," and "Samuel B. Hooker"; both of whom have confessed that |