and Governor-in Chief over this Colony and its Dependencies; and he has, in pursuance thereof, assumed the Colonial Government, but has not yet taken upon himself the Office of Commissary Judge, nor do I think it probable he will during his present stay here, as he purposes in a few days proceeding to Cape Coast:-even were he installed in the Office, he could not possibly, during the short interval he intends remaining in the Colony, be expected to pay any attention to the concerns of the Courts of Mixed Commission. Whether the General means to leave the Colony, during his absence, as has been heretofore the case, without any Commander-in-Chief, or whether he intends to take upon himself to appoint a Lieutenant-Governor, is a matter as yet, I believe, not determined. In the event of the former case, I shall immediately, on his departure, assume the Office of Commissary Judge, and call upon the Colonial Secretary to take upon himself the Situation of Commissioner of Arbitration; and I have no doubt but every thing will then go on in a proper manner. In the event of a Lieutenant-Governor being appointed, and assuming the Office of Commissary Judge, though I fear in that case the business of the Government must be attended to in preference to the business of the Commissions, yet I beg to assure you, Sir, that no exertion shall be wanting on my part, in the performance of the duties of the Courts, and to keep the business from getting into arrear. There are two Cases at present before the Courts for adjudication, which, I am sorry to say, have unavoidably lain over since the time of the late Commissary Judge being taken ill: the short period that Mr. Smart was in the Office, with the duties of the Government, precluded him from considering those Cases, so as to form his Judgment on them. I would most respectfully beg your opinion, whether, in the event of the absence of both Foreign Commissioners, and of incapacity from temporary illness on the part of His Majesty's Commissary Judge, or Commissioner of Arbitration, the Individual retaining his health can legally constitute the Court of Mixed Commission. I have, &c. The Right Hon. George Canning. D. M. HAMILTON. No 15.-D. M. Hamilton, Esq. to Mr. Sec" Canning.-(Rec. Nov. 14) UPON understanding that his Excellency Sir Neil Campbell would be detained here longer than I at first represented to you, in my Despatch of the 28th ultimo, in consequence of His Majesty's Ship Lively, which brought him out, and which was waiting to convey him to Cape Coast, having put to Sea in search of a Pirate, I lost no time in addressing to him, through the Colonial Secretary, a Letter, requesting him to make known to me, for your information, whether it was his pleasure to take upon himself the Office of Commissary Judge, prior to his visit to the Gold Coast: a Copy of this Letter, and of the Answer, I have herein inclosed for your information. In consequence of this Correspondence, his Excellency was sworn into Office, on the 30th of August, as Commissary Judge on the part of His Majesty, and continued in that Office till the 9th instaut, during which period one Case was disposed of. On the 9th His Excellency departed for Cape Coast, leaving a Commission with Lieut. Colonel Lumley, of the Royal African Corps, appointing him Lieutenant-Governor, but with Instructions, I believe, only to assume the Government in the event of circumstances requiring his so doing. On Monday the 11th. I, consequently, as Principal Magistrate of the Colony, assumed the Office of Commissary Judge, and appointed Mr. Reffell, the Colonial Secretary, Commissioner of Arbitration. I beg leave to inform you, Sir, that two new Cases have been brought before the Courts for adjudication since I last had the honour of addressing you. In one of these Cases, the Vessel brought in is the Principe de Guinea, under Brazilian Colours, mentioned in the late Mr. Williams's Despatch of the 30th March last; she was captured after a severe action with a Tender of His Majesty's Ship Maidstone, commanded by Lieutenant Tucker of that Ship, in which many lives were lost she had on board previous to the action 609 Slaves, out of which two were killed and 13 drowned during the fight; and 13 died and two were drowned on the passage up; the remainder, 579 in number, arrived here in a healthy state, except several that, I understand, were wounded in the engagement. In the other Case, the Vessel brought in is called the Intrepida, and was captured under Spanish Colours; she had on board when seized 290 Slaves, 56 of whom died in the passage up; the others were landed here in a state of miserable wretchedness from disease. The other Cases remaining in the Courts to be finally disposed of are two-the first of which is that of the Perpetuo Defensor, captured under Brazilian Colours, with 366 Slaves on board; she was given up by the Captors, in consequence of her having been seized to the South of the Equator, but Mr. Macaulay, the then Acting Governor, being of opinion the Slaves ought not be allowed to leave the Harbour, ordered the greatest part of them to be landed from one of the Colonial Vessels, (to which they had been removed on their arrival, from motives of humanity,) and to be taken possession of, and disposed of, by the Officers of the Colonial Government: the remaining part of the Slaves that were left on board being in a state of mutiny, the Claimant was obliged to land to prevent bloodshed; Mr. Macaulay having threatened to order The King's Advocate to prosecute criminally any one attempting to coerce them. These last were, in like manner, disposed of by the Colonial Government; in consequence, a Claim has been made for costs and damages on behalf of the Owners of the Vessel, which have been decreed by the Court, but the Amount has not yet been exactly settled. The remaining Case is that of the San Benedicto, under Brazilian Colours, seized by His Majesty's Ship Brazen, Captain Willes; but as it was clearly proved that though fitted for the Slave-trade, she had not had a Slave on board during the present voyage, the Court released her; but would not award demurrage, in consequence of her having been seized out of the limits, allowed by the Treaty and Convention, for Portuguese Vessels to carry on the Slavetrade. This Case, like the last, is not quite concluded; these two last Cases being Cases of restitution, have unavoidably taken up a great deal of time, but I am in hopes that, by the next Vessel sailing for England, I shall be able to transmit Reports of all the four Cases herein mentioned. I have, &c. The Right Hon. George Canning. SIR, D. M. HAMILTON. (Enclosure 1.)—D. M. Hamilton, Esq. to J. Reffell, Esq. Freetown, August 29, 1826. THE business of the Courts of Mixed Commission established in this Colony for the prevention of the illicit Traffick in Slaves, being at present at a stand, in consequence of the Vacancy of the Office of Commissary Judge on the part of His Majesty, and understanding yesterday, while attending the Council, that his Excellency the Governor was likely to remain longer than he at first supposed in the Colony, in consequence of the departure of His Majesty's Ship Lively on a cruize, I have, therefore, to request you will be pleased to call his Excellency's attention to the 54th Clause of the Act of Parliament, passed in the 5th year of the Reign of His present Majesty, intituled, " An Act to amend and consolidate the Laws relating to the abolition of the Slave-trade," and to the Regulations annexed to the Treaties and Convention recited in the said Act; and I have further to request you will be pleased to make known to me, for the information of His Majesty's Secretary of State for Foreign Affairs, whether it is his pleasure, during his present stay in the Colony, to take upon himself the Office of Commissary Judge. Should his Excellency be pleased to signify his intention of assuming that Office, I will do myself the honour of waiting on him in my capacity of Chief Justice, at any time (that my health will allow,) that he may be pleased to appoint, to administer to him the usual Oaths. I have the honour to be, &c. J. Reffell, Esq. SIR, D. M. HAMILTON. (Enclosure 2).-J. Reffell, Esq. to D. M. Hamilton, Esq. Secretary's Office, Sierra Leone, August 29, 1826. I HAVE the honour to acknowledge the receipt of your Letter of this Morning, relative to the Vacancy of the Office of His Majesty's Commissary Judge in the Courts of Mixed Commission established in this Colony, and, having submitted the same to his Excellency the Governor, to acquaint you that his Excellency is ready to take upon himself the duties of the said Office, in conformity to the Regulations annexed to the Treaties and Convention recited in the 54th Clause of the Act of Parliament passed in the 5th Year of the Reign of His present Majesty, and that his Excellency is desirous of taking the usual Oaths of such Office, at the Government-House, to-morrow, at two o'clock, at which hour his Excellency requests your attendance in your capacity of Chief Justice, in order to administer the same to him. D. M. Humilton, Esq. I have the honour to be, &c. J. REFFELL. No. 16.-Joseph Planta, Jun. Esq. to His Majesty's Commissioners. I AM directed by Mr. Secretary Canning to acquaint you, that you may promote Mr. Magnus to the Situation of First Clerk to the British Commissioners, and Mr. Bidwell to the Situation of Second Clerk, become vacant by the promotion of Mr. Magnus. These Appointments are to date from the 5th of July last, with the Allowances hitherto attached to those Situations, subject to the Regulations established as to leave of absence. Mr. Canning has also considered the Representations which were made to him, under your sanction, as to the inadequacy of Salary attached to the Situations, and I have to authorise you, in consequence, to pay, from the 5th of January next, to the Individual holding the Situation of First Clerk, a Salary at the rate of £500 a Year, and to the Individual holding the Situation of Second Clerk, a Salary at the rate of £350 a Year; these Allowances being subject to the existing Regulations as to leave of absence; and I have further to authorise you to acquaint them, that, should their conduct obtain the approbation of their Superiors, and their health require a permanent retirement, at any time after a period of 12 Years' actual service at their Post, Mr. Canning will be disposed to recommend them, upon such retirement, for a Pension to an amount not exceeding one half of the Salary enjoyed by them in their Situation under the Commission. Mr. Canning approves of the Arrangement, that the establishment of the Clerks under the British Commissioners shall be entirely separate from that of the Clerks under the Mixed British and Foreign Commissioners; and that the Appointment and Regulation of the Salary of the Clerks under the Mixed Commission should be vested in the British and Foreign Commissioners jointly; subject, as far as the British Commissioners are concerned, to the final approval of His Majesty's Secretary of State. Mr. Canning also approves, that, in the event of the death, or of the absence of either or both of the Clerks of the British Commissioners, you shall procure such temporary aid as the Colony may afford, until the Vacancy is regularly filled up; in the first instance, by an Appointment by the Secretary of State, in the other instance, by the return to his duties of the Clerk who may have been absent. The Allowance to be made for temporary assistance on those occasions is left to your discretion; but you will take care, of course, that it shall not, on any occasion, exceed the regular Salary attached to the Situation. I should suppose, that, in most cases, it will not be necessary that the temporary Allowance should be placed on so high a scale. His Majesty's Commissioners. I am, &c. JOSEPH PLANTA, JUN. No. 17.-Mr. Secretary Canning to His Majesty's Commissioners. (Extract.) Foreign Office, November 25, 1826. I HAVE received your Despatches up to the 20th of September last. The subject of Mr. Hamilton's Despatch, marked General, of the 28th of August, having been referred for the opinion of His Majesty's Law Officer, The King's Advocate has reported, that the Treaties, the Commission, and the Provisions of the Act of Parliament for carrying the same into effect, as consolidated in the 5th Geo. IV. cap. 113, furnish the only safe guide for the exercise of jurisdiction by the Members of the Mixed Commission Courts. His Majesty's Commissioners. GEORGE CANNING. No. 18.-Joseph Planta, Jun. Esq. to D. M. Hamilton, Esq. SIR, Foreign Office, November 25, 1826. MR. SECRETARY CANNING has received your Letter of the 12th of August last, and I am directed to acquaint you, in answer, that Mr. Canning will have pleasure in recommending you for the Appointment which you solicit, of His Majesty's Commissary Judge in the Mixed Commission Court at Sierra Leone. In notifying to you this Appointment, I am directed by Mr. Canning to explain to you the manner in which your future retirement will be regulated, in consequence of your filling Situations of different rank in the Commission. You are already aware of the Regulation, that no Pension can be granted under the Commission, until the Person who may be permitted to retire shall have completed, at Sierra Leone, in Appointments by The King, under the Mixed Commission at that Place, a period of 6 Years' actual service. If an Officer in the Mixed Commission, having served in an inferior Situation, shall be promoted to a higher Post in that Commission, and shall be permitted to retire, previously to his having completed 3 Years' actual service, at Sierra Leone, in that higher Appointment, the D |