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No. 90.-H. T. Kilbee, Esq. to Mr. Sec". Canning.-(Rec. Jan. 31.) SIR, Havannah, November 28, 1824. SOME days ago I heard a report that the Spanish Privateer Brig Romano, was off the Southern Coast of this Island with a cargo of three hundred and fifty Negroes, and that she had been seen by the Spanish Schooner of War Bellona, which arrived here on the 19th instant. This Brig, as you will recollect, was formerly reported by me as having sailed from hence under very suspicious circumstances; and your attention has since been called to her in the Case of the Portuguese Brig Maria de la Gloria, which was captured by her on the Coast of Africa.

Shortly after I heard the above-mentioned report, I waited upon the Captain General, and requested that he would have the goodness to inform me if it was correct. His Excellency replied that it had been reported to him that the Romano was on the Southern Coast with a cargo of Negroes, which it was her intention to land. That he had consequently issued orders to all the Authorities on that Coast to be on the alert, and to adopt all the means in their power to prevent the landing of the Negroes, or, in the event of their being landed, to intercept them. He also stated that he had heard, though not officially, that the Bellona, during a cruise on the Southern Coast, had seen the Romano at anchor near the mouth of the River Guanimar, and had sent her boat to inquire what vessel it was; and that the Captain of the Romano had replied, that he did not acknowledge any but the Constitutional Government of Spain, that his object was to land a cargo of Negroes, and that if the Bellona did not immediately depart, he would take measures to compel her. The Bellona was accordingly under the necessity of desisting from proceeding any further, her force being very inferior. The Romano mounts 14 guns, and has a Crew of upwards of 150 men; while the Bellona has only 10 guns, and her Crew is, I believe, not complete.

The Romano has thus virtually acknowledged herself to be a Pirate, which her actions had sufficiently demonstrated before. I have the honour to be, &c.,

The Right Hon. George Canning.

H. T. KILBEE.

No. 91.-H. T. Kilbee, Esq. to Mr. Sec". Canning.-(Rec. Jan. 31.) SIR, Havannah, November 28, 1824. THE only answer I have as yet received to the Note which I informed you, in my Despatch of the 15th instant, I had addressed to the Captain General, is that of which a Translation is enclosed, in which His Excellency merely states that he had transmitted my said Note to the Intendant, to whose Department it belonged to adopt the proper measures in the Case.

As the Captain General had frequently, and upon one occasion most explicitly, stated to me that the investigation of the abuses, to

which I had called his attention, belonged to the Naval Department, I took an opportunity of recalling this to his recollection. His Excellency admitted that that had been his opinion, but stated that, upon further inquiry, he had lately ascertained that, although it was the duty of the Naval Officer, called the Commandant of "Matricula," to keep a Registry of the names of the Sailors who arrive in Spanish Vessels, that Officer has no authority whatever to examine them respecting the place of their departure or the object of their voyage:-And that to the Department of the Intendant it exclusively belongs to investigate all Cases of contraband of whatever description they may be, and consequently those of illicit Slave Trade.

On the 16th instant the French Brig Marie, P. Dauret, Master, arrived here in ballast, and was announced to have come from the Danish Island of St. Thomas'; but it is currently reported that she had really come direct from the Coast of Africa with a cargo of upwards of four hundred Slaves, which she had landed on some part of the Coast of the Island, previous to her entrance into this Port. I have the honour to be, &c.,

The Right Hon. George Canning.

H. T. KILBEE.

(Enclosure.) The Captain General to H. T. Kilbee, Esq.-(Translation) SIR, Havannah, November 17, 1824.

In consideration of the motives stated by you in your Official Letter of the 14th instant, and as it belongs to the Department of His Excellency the Intendant to adopt the proper measures, I have transmitted to him your aforesaid Letter this day for the corresponding effects. God preserve you many years.

H. T. Kilbee, Esq.

FRANCISCO DIONISIO VIVES.

No. 92. Mr. Secretary Canning to His Majesty's Commissioners. GENTLEMEN, Foreign Office, March 17, 1825. THE Despatches of Mr. Kilbee up to the 11th of December, 1824, have been duly received.

His Majesty's Government have taken into consideration the purport of Mr. Kilbee's Letter of the 20th of September, 1824.

His Majesty's Chargé d'Affaires at Madrid has been instructed to make representations to the Court of Spain upon the subject of the maintenance and disposal of Slaves, the cargo of Vessels captured under the Treaty with that Country for abolishing the Slave Trade.

Directions have been given by the Lords Commissioners of the Admiralty, that the several Tenders which may be detached from a King's Ship in the West Indian Seas shall each be furnished with the signed Instructions required by the Treaty.

His Majesty's Commissioners.

I am, &c.,

GEORGE CANNING.

No. 93.-H. T. Kilbee, Esq. to Mr. Sec. Canning.-(Rec. March 16.)
SIR,
Havannah, December 17, 1824.
On the 13th instant the Spanish Schooner Bella Dolores, Guerrero,
Master, arrived here in ballast, reporting herself to have come from
Madagascar.

I understand that this Vessel was fitted out at Cadiz for a Voyage to the Coast of Africa, from whence she has brought a Cargo of Slaves, who were landed previous to her entrance into this Port.

The daily arrivals and departures are in general published with great exactness in the Newspapers; but I observe, that the name of the Bella Dolores has not been mentioned in any of them. I have the honour to be, &c.,

The Right Hon. George Canning.

HENRY T. KILBEE.

No. 94.-H. T. Kilbee, Esq. to Mr. Sec". Canning.-(Rec. March 16.)
SIR,
Havannah, December 29, 1824.

I HAVE the satisfaction to inform you that, on the 18th instant, His Majesty's Schooner Lion, Lieutenant Liardet, Commander, brought into this Port the Spanish Schooner Relampago, which she had detained on the 14th, with 159 Negroes on board.

The Captain and Crew of the Slave Vessel were, on the evening of her arrival, delivered up to the Captain General, and by his order lodged in prison.

Lieutenant Liardet, not being in possession of the Instructions annexed to the Slave Trade Treaty with Spain, stated, in the Affidavit which he made before the Mixed Commission, that his Schooner was acting as Tender to His Majesty's Brig Carnation, and was under the immediate orders of the Commander of the same, Captain Maclean, who is duly authorized and empowered to make seizures of Spanish Vessels engaged in the illicit Traffic of Slaves. The Carnation arrived on the 19th instant, and Captain Maclean's Instructions having been laid before the Mixed Commission, all difficulties upon that subject were removed.

Proceedings were commenced without delay in the Mixed Commission, and on the 23rd instant Sentence of condemnation was pronounced.

This case presented no difficulties whatever. The Relampago, of which Don Lucas Padron was the ostensible Owner, and Don Jozé Garay, Master, sailed from this Port in May last, regularly despatched for the Coast of Africa, with all the necessary Papers, in which it was particularly specified that her object was to trade in articles of lawful commerce, but by no means to engage in the Slave Trade. She proceeded direct to a point on that Coast, named Menaroch, where she remained a considerable time, and at length received on board a cargo of 162 Negroes, and was, on her return, detained by the Lion, about 200 miles to the Eastward of this Port.-There was no log-book on board, nor indeed any other Papers but those received when she cleared out. Only three or four Negroes were stated to have died up to the

period of the detention; but they were generally in an extremely weak state from want of proper food.

I have the honour to enclose an abstract of the Evidence, and a Copy and Translation of the Sentence of the Court.

As Lieutenant Liardet expressed some doubts as to the classing of the Negroes at the time of the detention, in consequence of the crowded state of the Vessel, and the illness of many of them, it was thought advisable, in the Sentence, merely to state the total number found on board, without entering into further particulars.

Of that number, viz., 159, including one infant,-eight died on board, previous to their being handed over to the Spanish Government on the 24th instant, proper Certificates of the same having been presented to the Mixed Commission by Lieutenant Liardet, and one was reported to be missing, who was supposed, from extreme weakness to have fallen overboard. The number landed, therefore, was 150, of which two died in the Depôt while the Certificates of Emancipation were making out.

I have the honour to enclose a printed Copy, together with a Translation of the Certificate of Emancipation.

As it was mentioned in the Sentence that the Certificates of Emancipation should be delivered by a Person deputed by the Mixed Commission for that purpose, I made an offer to my Colleagues, which was accepted, to take upon myself the performance of that duty, in order, if possible, to give greater solemnity to the Act, in this first Case of condemnation by our Court. I accordingly, together with the Secretary, who had the goodness to accompany me, was present at the making out the List of the Negroes, with the description of each, and the filling up the Certificates of Emancipation, a Copy of one of which, taken at random, is enclosed, with the part thus filled up translated. After the description of each Negro had been taken, and a name given to him, a piece of tin, with his number engraved on it, was fixed about his neck; and it was explained to him that he was a free person; but that he must, for a certain time, be placed under the care and authority of others, in order that he might learn the language and customs of the Country, and a mode of earning his own livelihood; -that the length of this time depended, in a great measure, upon his own conduct:-he was asked whether he had any relatives with him; and he was directed to observe particularly his Interpreters, that he might recollect them again if necessary;-and to take special care of his number.

You must be aware that, in the state of body and mind of African Negroes just imported, it was impossible to perform the task I had undertaken in a perfectly satisfactory manner. Everything, however, was done which it appeared to me could conduce to the attainment of the great object I had in view; that is, to afford means of ascertaining the identity of each Negro hereafter.

It not being considered advisable to deliver to the Negroes themselves their Certificates of Emancipation, they were transmitted to the Captain General in a Letter from the Mixed Commission, of which a translation is enclosed, and which contains some further details upon this subject.

The Captain General early determined to place the Negroes, when emancipated, in the Public Establishments, where they would be more immediately under the observation of the Government, and less liable to the danger of being made away with; but as the number was greater than was required by those Establishments, he found it would be necessary to place some of them with private individuals. For this purpose His Excellency framed certain conditions, which he did me the honour to send to me in a private Letter, with a request that I would examine and make my observations upon them. Being at that time very busily engaged in the details of making out the List and description of the Negroes, I was under the necessity of confining myself to submitting to His Excellency some Notes which I had previously made upon the subject, but which it had been my intention to enlarge and correct.

I have the honour to enclose a Copy of those Notes, together with a printed Copy and a Translation of the Conditions finally adopted by the Captain General.

It is obvious that the great danger to which the emancipated Negroes are exposed, is, that they should be made away with and reduced to Slavery while in their actual state of ignorance. The arrangements adopted by the Captain General and the Mixed Commission include, I think, every precaution that can be taken to guard against this danger. For my own part, I know of no means likely to be more effectual but one, the employment of which humanity forbids, namely, to brand the Negroes with some known mark.

The most perfect unanimity prevailed amongst the Members of the Mixed Commission throughout the whole of the Proceedings in this Case; and it is peculiarly gratifying to me to have to inform you, that, on the part of my Colleagues, as well as on that of the Captain General, I met with, not merely a disposition to obey the letter of the Treaty, but a warm and anxious desire to act up to its true spirit. I have the honour to be, &c.,

The Right Hon. George Canning.

HENRY T. KILBEE.

(Enclosure 1.)-Abstract of the Evidence in the Case of the Relampago. LIEUTENANT LIARDET declared, in his Affidavit, that he had detained this Schooner on the 14th of December, in lat. 23° 8" north, lon. 79° 17" west, with 158 Negroes on board (which number was afterwards altered to 159, an infant at the mother's breast having been omitted), and that he found on board only five Papers, which he produced, and which were regular Ship's Papers, issued at this Port of

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