No. 54.-Her Majesty's Comm". to Visc. Palmerston.-(Rec. Mar. 14.) In pursuance of instructions given to us in the Earl of Aberdeen's despatch of February 20, 1843, we have the honour to inclose herewith to your Lordship a report of the judicial proceedings of this Mixed Commission during the year 1851, and a list of the cases adjudicated during that year. Viscount Palmerston, G. C.B. We have, &c. GEO. FRERE, JUN. (Inclosure.)-Report of Judicial Proceedings in 1851. Cape Town, January 1, 1852. Eolo, Portuguese polacca, detained on the 22nd of March, 1851, off Quillimane, in latitude 17° 48' S., longitude 37° 5' 5" E., by Her Britannic Majesty's ship Orestes, Commander Henry Samuel Hawker, on the ground that she was equipped for the Slave Trade. The Eolo was commanded by Estevao Jose Tavarez, and was declared to be bound for Lisbon touching at Angola, with a crew of 3 men and 4 boys, and with 9 passengers on board, of whom 5 were for Lisbon and 4 for Angola. The Eolo reached Table Bay on the 23rd of April, and proceedings were commenced against her on that day by Lieutenant Luce, the officer in charge. The vessel and cargo were claimed by the boatswain Duarte for the owner, Senhor da Costa of Lisbon, the master, Tavarez having died at sea after the capture. From the papers and the evidence taken in the case, it appeared that the Eolo had been dispatched from Lisbon with a cargo for ports on the east coast of Africa, where she shipped a certain quantity of ivory, wax, and other articles of legal trade as a return cargo, but that before leaving Quillimane, on her voyage back to Lisbon, a large quantity of firewood and certain mats were taken on board, which, spread over the cargo in the hold, formed a level surface capable of being used as a second or slave-deck, and that she had more water and provisions on board than necessary for a voyage to Angola, though not more than required for a voyage to Lisbon. In the opinion of the British Commissioner, the master has thus clearly infringed Article X of the Treaty, and the reason given for the presence of the suspicious articles, namely, that the wood was for ballast, and the mats for fowls shipped as live stock to feed upon, appearing to him insufficient, he was of opinion that the vessel should be condemned. The Portuguese Commissioner was of opinion that the vessel had in no way contravened the Treaty, and that she should therefore be restored with costs and damages. The Commissioners not agreeing, the British Arbitrator was referred to, who agreeing in opinion with the British Commissioner, decided that sentence of condemnation should be pronounced, which was done accordingly on the 23rd of May, 1851. GEO. FRERE, JUN. FREDERIC R. SURTEES. No. 55.-Her Majesty's Comm". to Visc1. Palmerston.—(Rec. Mar. 14.) WITH reference to the instructions given to us by the Earl of Aberdeen's despatch of February 20, 1843, to transmit to the Foreign Office at the end of each year, a certified copy of the register of slaves emancipated by sentence of this Mixed Commission, we have the honour to acquaint your Lordship that no vessel with slaves on board has been brought before us during the year ending December 31, 1851. We have, &c. Viscount Palmerston, G.C.B. GEO. FRERE, JUN. No. 56-Her Majesty's Comm". to Visc'. Palmerston.—(Rec. Mar. 14. WE have the honour to transmit to your Lordship a report drawn up by the Mixed Commission of which we are members, in compliance with the provisions of Article XI of Annex B to the Treaty of July 3, 1842, between Great Britain and Portugal, for the suppression of the Traffic in Slaves, relating, 1st. To the cases which have been brought before the Court for adjudication. 2nd. To the state of the liberated Africans. 3rd. To the treatment and progress made in the religious and mechanical education of the liberated negroes. We have also the honour to inform your Lordship that our Portuguese colleague is about to transmit a duplicate original of this report to the Government of Her Most Faithful Majesty. Viscount Palmerston, G.C.B. We have, &c. GEO. FRERE, JUN. (Inclosure.)—Annual Report of the Mixed Commission for 1851. Cape of Good Hope, January 3, 1852. In pursuance of Article XI of Annex B to the Treaty concluded on the 3rd of July, 1842, between Great Britain and Portugal, for the suppression of the Traffic in Slaves, the Undersigned, members of the Mixed Commission established at the Cape of Good Hope, have the honour to report to the Government of Her Britannic Majesty and to the Government of Her Most Faithful Majesty, that one case has been brought before the Undersigned during the year 1851, namely, that of the Portuguese polacca Eolo. This vessel was originally the Sardinian polacca San Francisco 2ndo, and was condemned as prize to Her Most Faithful Majesty's ship Tejo, at Mozambique, where in September, 1847, she was purchased by Gaspar Joaquim de Motta, who named her the Alerta, and afterwards sold her to Senhor Ignacio Jozé Seixas, of Lisbon, who named her Eolo. At the death of Senhor Seixas, she was purchased in January, 1850, by Lieutenant Estevão Jozé Tavarez, of Her Most Faithful Majesty's navy, for Senhor Jozé da Costa, Junior, of Lisbon, who insured her and her cargo for 4 contos of reis, and dispatched her on her voyage to the east coast of Africa and back to Lisbon, touching on her outward course at Pernambuco under command of Lieutenant Tavarez, who had one-fourth interest in the vessel, and who obtained leave of absence for the voyage. The Eolo sailed from Lisbon on the 16th April, 1850, with a crew of 3 men, 4 boys, 2 officers, a pilot, boatswain, and cook; proceeded to Pernambuco, thence to Lourenzo Marques, Quillimane, and Mozambique, which port she again left on the 25th of February, 1851, on her return voyage to Lisbon, touching at ports on the east coast of Africa with a cargo of ivory, beeswax, and other articles of legal commerce, and having on board as passengers, Lieutenant Bastos, of the Portuguese Royal navy, going home on sick-leave in charge of a mail, and Jozé Fermino Figueiredo, both for Lisbon. She also carried mails for the Portuguese Government; and the master, Tavarez, had charge of a considerable sum in specie from the Governor-General and the Commander of the Portuguese naval force in the Mozambique, for transmission to the families of those officers. On the 5th of March the Eolo arrived at Quillimane, where she took on board some ivory, and received also as passengers Senhor Manoel Lima Vianna and 2 free black servants, Antonio and Jozé, proceeding to Lisbon with a passport from the Governor-General of Mozambique, also Franciscos dos Santos Tavarez, who had resided. at Quillimane since 1849 as agent of the notorious Fonseca of Rio de Janeiro. Netto, a Brazilian, shipped as his servant, Albino Manoel Pacheco, a Brazilian, who has been employed by him as a clerk, and Motta, a Brazilian: these persons were destined for Angola, according to passports granted to them by the Governor of Quillimane. The Eolo sailed out of Quillimane River on the morning of the 20th March, and was boarded by Lieutenant Luce, of Her Majesty's ship Orestes, who reported to his commander, Captain Hawker, that he considered the equipment of the Eolo as suspicious. She was then boarded by Commander Hawker himself, who finding that she was commanded by a Lieutenant in the Portuguese Royal Navy, and that another gentleman of that rank was on board as a passenger, instituted a merely formal inspection, and allowed her to proceed on her voyage. On the evening of the following day, the 21st of March, being in latitude 48° 17' south, longitude 37° 5' 5" east, Commander Hawker again met with the Eolo, and as he considered that she was out of her direct course for Angola, and he had received information that 2 of his crew had seen pannikins on board her when searching her on the preceding day, he instituted a more rigorous examination, from which he came to the conclusion that she was equipped for the Slave Trade in respect of provisions, watercasks, tanks, mats, and firewood, and accordingly, on the 22nd March, he detained and sent her to the Mixed Commission for adjudication with the master, boatswain, and one man, the others of the crew and passengers were removed into Her Majesty's ship Orestes, and were also brought to the port of adjudication, when those who were sick were received into the hospital and the others liberated upon bail. On the 13th of April the master, Tavarez, died; on the 23rd of April proceedings were commenced against the Eolo before this Mixed Commission The vessel was claimed by Antonio Jozé Duarte, the boatswain, on account of the owner, Da Costa, and the proprietors of the cargo shipped on board. From the papers filed and the evidence given in the case, including a return to a commission of survey, issued by the Court on the 28th April, it appeared that the Eolo had on board tanks and watercasks capable of contataing 1,652 gallons of water, 75 bags of rice, farinha, and 、 peas, 19 bags of salt; being, in the opinion of the surveyors, more water and farinaceous food than necessary for the voyage to Angola, though not more than necessary for a voyage to Lisbon, also 8 large mats and 2 smaller ones of a coarse description, which were found spread over the cargo in the hold, made level with firewood, forming a surface of 24 feet by 32 feet. This firewood had been shipped at Quillimane to the extent of 10,000 billets, of which 5,000 remained on board when the vessel was brought in for adjudication. On the part of the claimant it was contended, that the vessel was driven from her direct course by currents against which she could not make head, owing to the wind being foul and blowing strong; that the mats were for the fowls, shipped as live stock to feed upon, and the extraordinary quantity of firewood had been shipped as ballast. It appeared to the British Commissioner that Article X of the Treaty had been clearly infringed by the presence on board of the mats and firewood, owing to the fact that not one of the documents and books required by the Commercial Law of Portugal were com plete except the log-book, no information as to the proceedings of the master after leaving Mozambique could be obtained, and that failing these, the claimants had not produced that clear and incontestable evidence required by the Treaty to satisfy him that the vessel at the time of seizure was in the prosecution of a legal voyage, and that the articles in question, which were on board in his opinion contrary to Article X, were needed for a legal purpose; he therefore was of opinion that the vessel should be condemned. The Portuguese Commissioner held "that the detention of the Eolo was illegal, in accordance with the provision of Article II, sect. 3, of the Treaty of July 3, 1842, between Great Britain and Portugal, the captor not having exhibited the document by which he was duly authorized to make the search. That being satisfactorily convinced by all the evidence brought forward on either side, that the Eolo was on a lawful voyage, and that she had not on board at the time of capture more water and provisions than necessary to go to Lisbon, touching at Angola. That she has apparently a larger quantity of mats than is necessary for the use of the crew of the vessel, but satisfactory evidence on the part of the claimants had been brought forward to show him that the vessel, at the time of detention, besides having on board a naval officer in charge of the mails for the Portuguese Government, was employed in a legal pursuit, and that such mats were needed for a legal purpose on that particular voyage, in accordance with the provision of Article IX, sect. 10, of the said Treaty; he therefore held that the said vessel be restored with costs, damages, and expenses." The Commissioners thus differing, recourse was had to arbitration, according to Article IV of Annex B, and the British Arbitrator coinciding in opinion with the British Commissioner, sentence of condemnation was pronounced on the 23rd May. Of the persons found on board at the time of detention, the master, Tavarez, died at sea, and the sailor, Jozé Francisco d'Amor, died in the hospital. Lieutenant Bastos was, on the application of the Portuguese Commissioner, allowed to proceed to Lisbon with the mails, of which he was in charge. The boatswain, A. J. Duarte ; the cook, Thiago Taboada; the steward, Manoel Peres; the sailors, Felix Jozé, Mariano de Souza Lobo, Antonio Deniz Galvão, Jozé Trinidade and Jozé Gomez da Silva; and the passengers, Albino Manoel Pacheco, João Jozé Martino de Motta and Lina Vianna, have been sent to Mozambique for trial, in compliance with Article XII of the Treaty. It being the opinion of the Commissioners that the negro boys, Jozé and João, shipped at Quillimane as sailors, by the master Tavarez, and 2 negro boys, Jozé and Antonio, who accompanied the passenger Vianna, as servants, although set free at that place, would [1851-52.] Р |