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Officer of the Flag-ship, that the Minerva was at that time landing Negroes on the Wharf of St. Francisco.

His reply was, "that he had no authority to interfere in the prevention of it, but that the Commodore should be furnished with my Report in the morning.'

The 2 men who accompanied me in the Boat this night, and declared themselves ready to make oath to all the particulars in this Statement, are, I regret to observe, involved in the unfortunate fate of the Magpie.

At day-light, I conveyed a written account of the events of the preceding night to the Governor from Lieutenant Smith, and, on being admitted to the presence of His Excellency, was told by him, that he would instantly communicate with the Admiralty on the subject, and give me an Answer, which he did, and I subsequently delivered it to Lieutenant Smith, who had, in the mean time, waited on the Commodore, and, as he stated to me, been supplied by him with an Order to examine the Minerva, in company with the Harbour Master; and that he had found her in that state which Vessels usually are, who have, after a very long voyage, recently landed Negroes; being excessively dirty, with the holds perfectly clear, except of water casks, and the remains of those provisions which are usually supplied to Negroes, such as rice, oil, &c.; also, that she was armed with one long 9-pounder amidships, and an 18-pounder carronade on each broadside. He moreover informed me, that the Commodore had confessed to him that he was at home on the preceding evening, at the time that I had waited on him, but that, being fatigued, he had denied himself.

On Monday, the 4th of September, I was examined, on the honour of a British Officer, before one of the Admiralty Courts, respecting the fact of the Minerva having landed Negroes in The Havannah Harbour, and the manner in which it was effected.

On this occasion, my evidence was similar in all points to the above relation, at which the Naval Commandant presiding expressed some surprize, as he had a letter (which he read) from the Harbour Master, who had examined the Vessel with Lieutenant Smith, stating that they both concurred in opinion that she had not been engaged in the illicit conveyance of Slaves, for that there was no room or accommodation in her for that Traffick, or provision on board, save such as was customary to provide for a Spanish Crew. I replied, "I regretted much the lamented death of Lieutenant Smith prevented his appearing to falsify what I, however, there publickly declared to be totally void of truth."

On a demand being made for the two Seamen who had accompanied me, and were unfortunately drowned, and some demur occurring as to want of more evidence, I pointed out Mr. Wade, Master of the Mary Brade, Liverpool Merchant-ship, who, with his two Apprentices, had,

about sun-set of the Evening of the 16th of August, seen and counted 64 female Negroes handed from the hold of the Minerva, and thence to the Wharf alongside which she was moored. This Gentleman's evidence, with that of his two Apprentices, has been, as I subsequently learnt from him, demanded in the same Court, and taken on Oath. To all that is here stated I am ready to swear, should I be called upon so to do:

Signed by me in Port Royal Harbour,

me Port }

September 27, 1826.

JOHN N. NOTT,

Acting Lieutenant.

P.S.-In the conversations mentioned in the foregoing Statement, I either spoke French, when it was understood, or had the assistance of an Interpreter, who spoke Spanish and English. JOHN N. NOTT.

As far as the Undersigned Deponent has mentioned in the foregoing Statement that he himself was personally concerned, he voluntarily maketh Oath to the truth thereof.

Sworn before me, this 30th day of

September, 1826, at Kingston.

JOHN N. NOTT.

JOSEPH BARNES,

Mayor.

(Enclosure 2,) 10.- Captain Jackson to the Mixed Commission at the Havannah.

SIR,

SEE First Enclosure in No. 89, Class A, Page 206.

(Enclosure 2,) 11.-Capt. Jackson to the Capt.-General of Cuba. H.M. Sloop Pylades, Havannah, Aug. 22, 1826. I HAVE the honour to acquaint your Excellency that, on the 20th instant, I detained the Steam-vessel Mexicano, Don Joze Lopez, Master, in consequence of her having on board 20 Slaves, in direct violation of Article 7 of the Treaty concluded between their Britannick and Catholick Majesties, on the 23d of September, 1817.

The more minute particulars your Excellency will be furnished with by the British Commissioner. I have, &c. His Excellency General Vives.

G. V. JACKSON, Commander.

(Enclosure 2,) 12.-The Capt.-General of Cuba to Capt. Jackson. Office of the Capt.-General of the ever Faithful Island of Cuba. Havannah, August 26, 1826.-(Translation.) As the subject of the detention of the Steam-boat Mexicano, from the circumstance of there being on board of her, as you state, 20 Slaves, relates to the Mixed Commission, I have this day written to the Members of the said Commission, and directed them to institute the necessary enquiries into the subject, conformably to the ends of justice; and I mention this in reply to your Letter, in which you are pleased to communicate the occurrence to me. God preserve you many Years. The Commander of the English Frigate Pylades. F. D. VIVES.

(Enclosure 2,) 13.-Statement of Lieutenant Philip Hast, and Mr. John Nott, Mate of His Majesty's Ship Pylades.

On Sunday the 20th day of August, 1826, at 6. 30. A.M., the Ship being then about 4 miles East of the Morro, we, Lieutenant P. Hast, and Mr. Nott, Mate, did, in pursuance of orders, board the Steamvessel Mexicano, to discover if, in accordance with the information received against her, she was in any manner engaged in the illicit Traffick of Negro Slaves: on stating our intent to the Master of the Vessel, he positively refused to allow search of any description to be made, at the same time declaring, that he had no Negroes on board but the Servants attached to the Passengers, who were to be seen on deck. He then loudly desired the helm to be put up, that he might run back to Havannah. This was prevented, and a Boat dispatched to the Ship for further Instructions. In the mean time, we proceeded to the fore part of the deck among the Negro Servants there assembled, and do positively declare that they were not to be identified with, nor did in any manner resemble, the Slaves afterwards found in the hold. On ordering the fore-hatches to be lifted, the Crew jumped on them, and refused to be removed unless by violence. On the return of the Boat with additional force, and orders to search, let what would occur, the Master, by the advice of the Passengers, declined further resistance, and delivered up the charge of the Vessel. Lieutenant Hast then proceeded with a party of hands into the fore-hold, and, though sufficient light was conveyed, both hatches being off, he perceived no Person there. Mr. Nott and more hands then descended, and was likewise convinced that no living creature was openly visible; but on removing some furniture, chairs, tables, &c. 14 Negroes were produced from beneath them, stowed between the bulk-heading that separated the Steamboilers from the Vessel's side, and 6 more (females) from the fore-peak, secreted by rope, sails, and a hawser being coiled upon them. The Master was then informed, that, if he possessed a Licence from the Government of Havannah, authorizing the conveyance of these Negroes, the detention would be withdrawn; but he produced only a Paper permitting the Vessel to run between Havannah and Matanzas for 30 days; on which she was taken in charge by the Officers and Crew of His Majesty's Ship.

From the miserably emaciated and diseased state of the Slaves, their awkward manner of using the new clothes with which they had evidently been just supplied; their total ignorance of European customs, and of any European language; and also from observing that their heads were close shaved, after the manner of those recently imported, we do not hesitate in declaring our firm belief, that they could not have been landed many days, and the more especially as the Passengers, far from concealing, rather openly spoke of and joked on the subject of their being part of the cargo of the Minerva Slave-schooner,

chased in by the Pylades a few days previous. And, moreover, our belief in this is strengthened by having heard the Master of the British Brig* Mary Brade, of Liverpool, say, that he recognised one of the women (remarkable in her appearance,) as having been landed from the Minerva, on her arrival in Havannah.

We have further to observe, that, out of 53 Passengers, 6 alone (and those general Traders between the two Ports) were not supplied with regular Passports from the Government; and that all the Negroes, with the exception of the 20 secreted in the hold, were either separately furnished with such Document, or included in that of their Masters.

Given under our hands, on board His Majesty's Sloop Pylades, Havannah, this 24th day of August, 1826.

PHILIP HAST, Senior Lieutenant.

JOHN N. NOTT, Mate.

Wm. Spade, Owner. Brade and Moore, of Liverpool.

(Enclosure 2,) 14.-Sentence of the Mixed Commission at The Havannah, in the Case of the Mexicano.

SEE Eighth Enclosure in No. 89, Class A, Page 219.

(Enclosure 2,) 15.—Affidavit of Lieutenant Nott.

Statement of Occurrences relative to the Detention of the Mexicano Steam Packet, off The Havannah, by His Majesty's Sloop Pylades.

On the 20th of August, 1826, about 6 A. M., the Ship being then at least 4 miles from the Morro Fort, I was ordered by Captain Jackson to proceed, under the command of Lieutenant Hast, and examine the Steam Packet Mexicano, apparently on her passage to Matanzas, to discover by diligent search, whether she was in any manner engaged in · the illicit conveyance of Slaves from one Port in the Spanish Possessions to another as most expressly forbid by Article 7, which he pointed out to me, in the Treaty between their Majesties the Kings of Spain and Great Britain.

Accordingly, on boarding the Mexicano, by direction of Lieut. Hast, I demanded of the Master his Licence from the Government of Havannah to convey the Negroes to Matanzas, whom I knew, from positive information, were then on board. He denied having any Negroes, and, consequently, the necessity of a Passport of this description; calling out, at the same time, in junction with the Passengers, to return to The Havannah, and ordering the helm to be altered for that purpose, which I immediately prevented by taking the tiller from the helmsman, and placing a guard over it. Lieut. Hast then stated his orders to search the Vessel, which the Master intimated he should not do, again denying the presence of any Negroes on board, except the Servants of the Passengers, who were all on the deck. Lieut. Hast then

despatched a Boat to the Pylades for additional force and instructions; and, in the mean time, we both proceeded among those Blacks assembled on the fore-part of the deck; and I am ready to make Oath, that they were not to be identified with, nor did in any manner, except form and colour, resemble those Negroes afterwards discovered secreted in the hold.

On ordering the fore-hatches to be lifted, several of the Crew jumped on them, and refused to be moved, unless by force. The generality of the Passengers began now to be vehemently clamorous, desiring the Master, if he had any Negroes on board, to produce them, that the Vessel might be liberated, and permitted to return to The Havannah. But amongst the foremost of those who opposed this, and contributed to disturbance, both at this time and during the succeeding passage, was one Henry Stondon, calling himself Merchant of Havannah, and who eventually proved to be so; another of the Passengers mentioned that the Mate, on perceiving me in one of the Boats, approaching the Mexicano, to board her, had exclaimed," There is the Officer who boarded the Minerva; he is coming to pay us off for that business, I suppose." My conviction now became stronger that Negroes were positively on board, contrary to the existing Laws.

On the arrival of orders from Captain Jackson to search, let what would occur, with a sufficient force to compel compliance, the Master of the Mexicano signified his intent to offer no further opposition, and declared that he considered himself, from that moment, no longer in charge of the Vessel. Lieut. Hast and myself then proceeded to the fore-hold, into which we descended, and became satisfied that no Person was openly visible, though sufficient light was conveyed through the hatchway, both the hatches being off; but on ordering some chairs and other furniture to be removed from between the bulk-heading, which separated the steam-boilers from the Vessel's side, 14 male Negroes were discovered stowed beneath these articles, and exposed to the intense heat produced by the lighted stoves. The general idea which seemed to pervade the minds of these poor wretches was, that their throats would be instantly cut, and they besought us, by the most supplicating signs and gestures, to spare them from the horrid fate they seemed to anticipate. On comprehending, from our assurances, that deliverance, not destruction, was intended, their joy became unbounded, and one, more intelligent than the rest, pointed to the forepeak, where, after diligent investigation, 6 females were found underneath rope, sails, and a hawser, the whole of which must have been deliberately coiled upon them for the purpose of concealment. The greater part of these unfortunate Beings, both male and female, were afflicted with severe ophthalmia, and, at the time of discovery, nearly deprived of sight, from the quantity and nature of the discharge, encrusted from want of attention of the eyes and upper part of the face.

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