from whatever cause, is still in almost absolute ignorance respecting them.

I offer no apology for the length of this Letter, being convinced you will attribute it to the proper motive, a feeling of duty and regard from an Agent to his Employer's interest. I have, &c. J. Woods, Esq.

SIR,

(8.)

J. O'N. WALSH.

Freetown, Sierra Leone, 16th November, 1821.

I TAKE leave to acknowledge your Letter of this day, and in replying thereto, I trust you will not consider me abrupt in acquainting you, that detailed and argumentative Correspondence with Suitors or their Agents, is not, in my opinion, consistent with the course of my duty, as Acting Registrar of the Court of Mixed Commission.

The information which I understood you desire, could not have been given to you sufficiently early to enable you to communicate it to the Captor of the Gaviao, by the Ship Sussex.

On the obvious conception of your duty it is not for me to offer any remark, but as you have appealed to me on that point, I must say, as of a matter of fact, that the object of your interfering to mitigation of damages, did not enter into my mind as being on your view, when you conversed with me on the subject of your Petition; neither does that object accord with my present recollection of what passed on that ocI have, &c.

casion.

J. O'N. Walsh, Esq.

JAMES WOODS.

(Inclosure E.)-Affidavit of Captain Marsh.

DIGBY MARSH, late Lieutenant of His Majesty's Ship Tartar, came before me, one of His Majesty's Justices of the Peace for the Queen's County, Ireland, and maketh Oath on the Holy Evangelists and saith, that on the night of the when His Majesty's

Ship Tartar was off the mouth of the Old Calabar River, on the Coast of Africa, he, this Deponent, was ordered by Sir George Collier to proceed with a division of Boats up the said River Calabar, for the purpose of capturing any Vessel found in the act of an illicit Slavetrade; and that on entering said River, this Deponent received information from a Pilot of the River Calabar, that 2 Vessels were up said River, carrying on an illicit trade in Slaves. And that then the said Deponent proceeded with the Boats under his command up the said River Calabar, as far as Duke Ephraim's Town; when Deponent and the Crew under his command, boarded the Gaviao, a Portuguese Slaving Brig; that on searching said Brig Deponent found she had on board 3 male Negroes above the number stated in her Role d'Equipage, and of which no satisfactory account could be given.

And this Deponent further swears, that on searching the Gaviao's hold, one of the Marines belonging to the Tartar brought in his pre

1

sence a Negro, who said he found part of the Crew forcing a pair of trowsers on him, in order to make him have the appearance of a domestick Servant, which Deponent is convinced was done with the intention of deceiving him; as the said Negro, when questioned by the different Interpreters, could not speak any of the languages used on the Coast. And this Deponent further saith, that he received information, that Duke Ephraim had sold to the Captain of the said Gaviao, several male Negroes, the day previous to the night he boarded her. And said Deponent also saith, that being obliged to go in search of the other Slave-vessel, he left Lieutenant Graham in charge of the said Slave-brig Gaviao, and that on rejoining the said Vessel and Lieutenant Graham, he, the Lieutenant, informed said Deponent that he had been to see Duke Ephraim, and the said Duke Ephraim had told him, that his People had found in the bush 2 of the Negroes he had sold to the Captain of the said Gaviao the day before. And this Deponent further saith, that the Gaviao was found in every respect fitted for carrying on the Slave-trade: having her Slave-coppers on board, her Slave-decks laid, and a large supply of Slave-irons, such as Deponent has always seen used for the purpose of securing Slaves in the different Slave-ships that have come under his inspection.

D. MARSH. Sworn before me at Mountruelick, in the Queen's County, in Ireland, this 28th day of March, 1822.

DEAR SIR,

JOHN BELDWIN, Magistrate for Queen's County.

Dublin, 28th March, 1822. In consequence of my being away from Dublin, I did not receive yours for some days after it arrived; I have, therefore, lost no time in forwarding to you the statement you require, as well as my memory will permit, so long a time having elapsed; as to the Cargo of the Gaviao, I can tell you merely of what it was composed; but as to its value I could not say; she had either 8 or 9 casks of aqua ardente or spirits, and some small bar iron, perhaps 300, if so much, of from 4 to 5 feet long; this was all the Cargo she had in her hold; I did not find out her having any tobacco on board; in her cabin she had the principal part, which was composed of the coarse cotton stuffs, in pieces of different descriptions, with a few cases of trade looking-glasses and knives. We used, I think, for payment of her Harbour duties, about 30 pieces of the stuffs, and 3 or 4 gallons of the spirits; this also includes the payment of the Pilot that we had to get the Vessel down the River. I have no idea of the day of the month on which this happened, as some of my things are not arrived from Plymouth, consequently have not a paper to assist my memory. I am, &c. Thomas Collier, Esq. Temple.

D. MARSH.

(Inclosure F.)-Affidavits of Masters of Liverpool Vessels. Port of Liverpool. (1.) PERSONALLY appeared before me, Rev. Jonathan Brooks, one of His Majesty's Justices of the Peace for the County of Lancaster, John Burrell, Master of the British Ship Jane, of the Port of Liverpool, trading between the said Port and the Western Coast of Africa; who, having been first duly sworn on the Holy Evangelists, voluntarily deposed, that during the months of March and April last past, he, the said John Burrell, being then with his said Ship the Jane, lying in the Calabar River, on the Eastern Coast of Africa, was informed by a Native Chief, called Duke Ephraim, and verily believes the same to be true, that he, Duke Ephraim, had sold 3 African Negro Slaves for Portuguese account, and that the said Slaves were actually shipped on board the Portuguese Brig Gaviao, then only lying in the Calabar River, as part of the Cargo of the said Brig. Deponent further states, that on or about the 9th of April, 1821, the Boats of His Majesty's Ships Tartar and Thistle having entered the Calabar River for the purpose of boarding all Vessels known to be engaged in the African Slave-trade, 2 of the aforesaid Slaves, above stated to have been shipped in the Portuguese Brig Gaviao, were re-landed in the bush or woods by the Portuguese, for the presumed purpose of eluding the vigilance of the said Boats of His Majesty's Ships of War above named. This Deponent further states, that the Portuguese Schooner Constantia, lay in the Calabar River for a term of about 6 months, taking in an entire Cargo of Slaves. Deponent declares, that in consequence of the prevalence of the trade in Negroes, carried on by the Portuguese and Spaniards, his Voyage was protracted for 2 months beyond the usual time of loading. Deponent further states, that at the time abovenamed 6 Portuguese and Spanish Vessels were loading in the Calabar River for Slaves. Deponent is further of opinion, that the lawful pursuits of the British traders (particularly of those resident at the Port of Liverpool) with the parts of the Coast contiguous to the Calabar River, are materially obstructed and injured by the continued prevalence of the Portuguese Slave-trade in that River and the neighbourhood; and that all legitimate commerce with that part of the Coast must be evidently abandoned, unless efficient means be taken to enforce the strict observance, by the Portuguese and Spaniards, of the Treaties subsisting between Portugal and Great Britain, relative to the Slave-trade.

JOHN BURRELL.

Sworn at Liverpool, in the County Palatine of Lancaster, this 23d day of August, in the Year 1821, before me, the Rev. Jona. Brooks, one of His Majesty's Justices of the Peace for the said County.

JONA, BROOKS.

Port of Liverpool.

(2.) I, Richard CUMMINS, Chief Mate of the British Ship Jane, of the Port of Liverpool, do voluntarily make oath and declare, that in the month of April last past, being then on board the said Ship lying in the Calabar River, on the Coast of Africa, and having frequent opportunities of intercourse with the shore, I did, on one of those occasions enter into conversation with a Native Chief called Duke Ephraim, who informed me, that, on the day preceding that on which we were conversing, he had shipped on board the Portuguese Brig Gaviao, then also lying in Calabar River, 3 African Negro Slaves, as part of her Cargo. The said Duke Ephraim further expressed to me great regret that the said Portuguese Brig Gaviao, had been boarded by the British Men of War's Boats subsequent to the shipment of the 3 Slaves, as he should thereby be prevented from receiving payment for the said Slaves by him delivered.

I further declare, that I have made 4 several Voyages from Great Britain to the Calabar River, and that on all those occasions numerous Foreign Ships have been lying on the said River, taking in Cargoes of Negro Slaves.

I further declare my opinion, that the legitimate trade carried on with the parts of the Coast of Africa, contiguous to the Calabar River, is materially obstructed and injured by the continued prevalence of the Foreign Negro Slave-trade.

RICHARD CUMMINS.

Sworn at Liverpool, in the County Palatine of Lancaster, the 11th October, 1821, before me, one of His Majesty's Justices of the Peace for the said County. JOHN ASHTON CASEE.

Port of Liverpool.

(3.) I, THOMAS HENRY ASHTON, of Liverpool, in the County of Lancaster, acting Chief Mate of the British Ship Ottawa, of the aforesaid Port, do voluntarily make oath and declare, that in the month of April last past, being then on board the said Ship lying in the Calabar River, on the Coast of Africa, I saw a Canoe returning from the bush to the Portuguese Brig Gaviao, also lying in the said River, which Canoe, I have reason to presume, had been landing Slaves from the said Portuguese Brig, for the purpose of eluding the vigilance of the Boats of His Majesty's Ships Tartar and Thistle.

I further declare, that during the time I remained in the River aforesaid, numerous French, Portuguese, and Spanish Vessels were lying in the said River, taking in Cargoes of Slaves. I am further of opinion, that the legitimate trade with the parts of the African Coast contiguous to the Calabar River, is materially obstructed and injured by the prevalence of the African Negro Slave-trade.

THOMAS HENRY ASHTON.

Sworn at Liverpool, in the County Palatine of Lancaster, this 5th October, 1821, before me, one of His Majesty's Justices of the Peace for the said County. JOHN ASHTON CASEE.

SIR,

No. 3.-Sir George R. Collier to J. W. Croker, Esq.

Knowle Cottage, Exeter, 22d May, 1822. SINCE I had the honour to transmit to their Lordships the statement contained in my Letter of the 4th instant, relating to the Gaviao, detained on the Northern Coast of Africa for Slaving, I have had an opportunity of perusing the " Papers relating to the Slave-trade," recently printed by order of the Honourable House of Commons.

Among these Papers I observe a Letter from Messrs. Gregory and Fitzgerald, the British Commissioner and Arbitrator of the Mixed Court at Sierra Leone, referring especially to the Case of the Gaviao; it is dated 25th August, 1821, and is to be found in the printed Correspondence alluded to.*

I shall not detain their Lordships upon the first assertion contained in the Official Statement in question; viz. "That it was clearly proved that no Negro was taken on board at Calabar."

Their Lordships are already aware of the evidence tendered by me in opposition to this assumption; viz. the spontaneous and impartial testimony of the Masters of British trading Vessels, and the Letter of the Chief of Old Calabar (Duke Ephraim) claiming restitution of 3 Slaves sold to, and shipped on board the Gaviao, the day previous to her capture.

The next 6 paragraphs of the Statement of Mr. Fitzgerald relate to the Negroes taken on board the Gaviao at St. Thomas's and Princes Island, North of the Line, " for the alleged purpose of assisting in the labours of the Ship," such assistance being pretended to be necessary. But, that they were Slaves at the time of the Gaviao being seized, cannot be questioned; for it is admitted, that "the Master being interrogated upon this point, said, he described these Negroes as free, because he intended to give them their freedom." Extraordinary as this intention appears, it seemed to have obtained full credit with Mr. Fitzgerald.

The Commissary Judge, Mr. Gregory, however, states that, " upon a general view of the Case, there were numerous proofs of an intent of illegal Slave-trading; and, considering the denomination of free Men as applied to the Negroes bought as Slaves at Princes Island to have been designed merely as a deception to cover a destination of those Negroes for the traffick, he was of opinion that those 4 Negroes were illegally embarked at Princes Island, consequently, in his opinion, the Vessel ought to be condemned as lawful Prize."

*See Page 117.