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deponent believes) was left on the coast of Africa. That others, to wit: t deponent, Edward Casey, Geo. C. Koeler, William Lawrenson, Willia H. Christie, William Sampson, and Robert Pidgeon, left at Macahi, after the slaves were landed. That when deponent shipped he inquired both a this consulate and aboard of said brig, of Captain Kelly, if he was going for slaves, or with a regular cargo. That Kelly replied he was going and should return with a regular cargo. That deponent was ignorant of the sale of said brig until she arrived at the coast of Africa, at Loango, at the time the slaves were taken in. That the day before the slaves were taken in the mate was on shore, and on his return told the crew that the brig was sold. That the last time the flag of the United States was used was when the vessel was going into Loango. That after that the brig carried no flag. That the mate told the men at Loango that they might go ashore or remain, as they pleased; but that as the mate represented it very sickly on shore, the deponent remained on board. That the deponent first sa the Portuguese captain at Loango when he came aboard. His name depo nent understood to be Antonio Augusta. That no person offered to per off the crew of said brig. That deponent understood Captain Kelly to be very sick, he having sent for his cot the day before the slaves were put on board. That when the slaves came on board they were stowed away cargo in the hold. That they were allowed to come on deck for air about twice a week, part at a time. That the cause of the death of so many was the scarcity of water.

like

William Lawrenson deposed: That he shipped on board the brig Senator, of Boston, at Rio, in December, 1846, for a voyage to Africa and back to Brazil. That John Kelly was master of said brig. That they sailed about 1st January, and after a fair passage arrived at Ambriz, on the west coast of Africa. Carried over three Brazilian passengers, who were landed at Ambriz. At that place discharged some cargo, and then wen to river Congo and discharged more; then went to Loango and discharged the balance. Then took in ballast to come back to Brazil. Then took in i 943 negroes, and of this number a great many died on the passage to Brazil-three hundred and seventy-three blacks and three white men, as I was told. The remainder were landed at a little place to the north of Cape Frio. Captain Kelly was left ashore sick at Loango. A Portuguese captain came home as master. Also went to Cabinda, after leaving river Congo, before went to Loango. Last time saw American flag hoisted was at Cabinda, there being two or three English men-of-war there, and one American man-of war. I was taken sick at Cabinda, and continued sick when arrived at Loango. I and one other man went ashore at Loango, and were in a negro hut for some days, and being very sick with fever, I requested to be taken on board the vessel. Two or three days after this the mate came on board, and called on the men to come aft, when he announced that the vessel was sold, and inquired who wished to leave the vessel; that they might go and receive three months' extra pay. Deponent was so sick that he lay helpless on the deck. One man and the captain left at Loango. In ten minutes after the mate had told them this, the negroes were brought on board. In half an hour after the slaves, or negroes, were brought on board, we went to sea. Only about six or seven were in irons; the rest were loose. The name of the mate was Miller. The cause of the great number of deaths was the want of water. The blacks were not allowed a pint of water a day. The first night at sea

deponent was told that 74 died. This was because the ship was too full. They were men, women and children. The deck and hold were both as full as they could be. Were twenty-two days on the passage. Had no colors up on the voyage. Deponent was turned ashore when the slaves were landed, without being paid any wages for going out or coming back, excepting the two months' advance he received at Rio; but they gave him as a present, as they said, 350 milreas, though he was too sick to do duty. He did steer the ship a part of the way for eight days, although too weak to stand, but did it sitting on the quarter-deck.

George C. Koeler deposed, that he shipped on board the "Senator" in Rio, in December, 1846, for a voyage to the coast of Africa and back. Sailed on 3d January; arrived at Ambriz in about seven weeks, and there discharged a part of cargo and left two passengers, either Portuguese or Brazilians. Next went to river Congo, and discharged more cargo; thence to Loango, where more was discharged; and thence to Cabinda, where balance was discharged. A part of the time deponent was at Cabinda, he was so ill as to be insane. While there, after everything was taken out of said vessel, the mate, Mr. Miller, went ashore one morning, aud returned about 8 the same morning, and called all hands aft, and said that the vessel was to take in slaves, and the hands might either remain or go ashore, as they pleased. I could not go on shore, and was compelled to remain. After this the Portuguese captain came on board, and the crew went to work to make all ready to receive the slaves. The mate worked with the rest, and aided in receiving the slaves, who were brought aboard the same afternoon, and about dark the vessel went to sea. Captain Kelly was very sick ashore at this time, and was left there. He left the vessel the day we arrived, and did not come on board afterwards. Took on board 933 slaves. 74 died in the hold the first night from suffocation, the slaves lying on top of each other, the hold was so crowded. The deck also was so crowded, could not well move about. Only six hundred and fifty were alive on their being landed, which was done about ten miles to the north of Cape Frio. Most of the slaves who died perished from want of water. Miller acted as mate during the voyage over. Deponent has seen Miller in this city within a few days. Miller told us our wages would be paid in Rio; and Señor Ramos was supercargo, and he told us we should be paid by his brother Deponent was paid 350 milreas by Señor Ramos the elder, on board, before the slaves were landed.

in Rio.

William Temple deposed, that he shipped on the "Senator," John Kelly master, to go to Africa on a trading voyage, on the 18th of December, 1846. Sailed on 2d January. Arrived at Ambriz about 20th of February, and there delivered a little of the cargo; thence went up the river Congo, and delivered more cargo there; thence to Cabinda, and delivered more cargo; and thence to Loango, where balance was discharged. At the last place the captain and deponent went ashore, the captain being sick. The merchants there, to whom the vessel was consigned, came on board and said she was about to take in slaves, and that those who did not wish to remain could go on shore. Deponent went on shore, and was the only one who left her there. The mate, John Miller by name, was the one who told us that the slaves were to be taken on board. Miller came on board with this intelligence about six o'clock in the morning, and deponent went ashore in the boat that brought him

off. The vessel sailed the next day. The deponent did not wait to s the slaves put on board, but waited on the captain at Loango until bja died. Deponent arrived at Rio, in the Castet, about the middle of Jul One of the merchants, called Bastos, came on board the vessel with ME ler, when the latter announced that she was to be converted into s slaver.

William Henry Christie deposed, that in December, 1846, he shipp-d on the "Senator" to go on a voyage to the coast of Africa and back to Rio. Sailed from Rio January 3, and in thirty-five days arrived at Ambriz. Staid there a few days and discharged some cargo; then sailed to the iver Congo, remained there about sixteen days, and discharged another portion of cargo; thence went to Cabinda, and remained about a week discharging more cargo, and then proceeded to Loango, where the rest of the cargo was discharged. After lying about a fortnight there, the slaves, the exact number of whom I am not aware, arrived and began to come on board one day after dinner, and we weighed anchor and went to sea about five o'clock in the evening of the same day. The slaves did not appear to be sorrowful or unhappy. Only five were brought on board in irons, and these five were made overseers the next morning over the others. About sixty died the first night. Nothing particular occurred during the voyage, excepting that a great many died. When leaving Loango, there was an English man-of-war's pinnace apparently in chase of us. Brought over thirteen Portuguese or Brazilians as passengers, of whom three died. The captain of the vessel, in place of Captain Kelly, was a Portuguese. The greater part of the crew were sick at different times. Deponent, Pidgeon, one of the crew, and Alvares Cunha, the cook, were the only persons of the crew who had not the fever. Slaves were landed at Macahi bay, in front of a small town, not Macahi. Señor José Ramos was supercargo. Were paid off by the captain before the slaves were landed. All the men before the mast received each 450 mil

reas.

B.

LEGATION OF THE UNITED STATES,
Rio de Janeiro, October 12, 1847.

The undersigned, Envoy Extraordinary and Minister Plenipotentiary of a the United States, has the honor to enclose to his Excellency Satunino de Sanga i Oliveira, Minister and Secretary of State for Foreign Affairs, the depositions to which he referred in their interview of yesterday, and which were taken before the United States consul of this port in the months of May and July last.

This proof establishes beyond question the fact that the American barque "Senator," under the flag of the United States, sailed from this harborin the month of December last, to the coast of Africa, for a cargo of human beings; that she received on board some nine hundred blacks; that after a short voyage she returned and landed at Macahi, a Brazilian port, within one hundred miles of the capital of the empire, over six hundred and fifty souls, and that on the passage two hundred and forty six v'ere cruelly murdered-not with the ordinary instruments of death, which, under the

ircumstances, would have been a blessing to them, but by the awful and excruciating tortures of thirst and suffocation.

The perpetrators of this hellish deed still stalk abroad, whilst the blood of the wretched victims, as well as the cry of those who escaped leath to enter perpetual bondage, is yet unavenged and unanswered.

One of the principal actors in this wholesale piracy-the mate, Millers a citizen of the United States, as the undersigned has been informed. He is now in this city, and is represented to boast of his security. The laws of the United States make ample provision for the punishment of those concerned in this high-handed outrage, if the guilty actors were within their jurisdiction, and it is a source of deep regret to the undersigned that, in the absence of treaty stipulations upon the subject between the respective governments, he is not authorized to demand of Brazil, in behalf of the United States, that this man, Miller, be surrendered for the purpose of being sent home for trial and punishment. But although the undersigned has no right to demand, he trusts that, in view of all the facts, a deaf ear will not be turned to him when he solicits the imperial government to cause Miller to be arrested and delivered on board the United States ship "Ohio" for the purpose already mentioned.

The foul stain resting upon both governments must be wiped out. The undersigned well knows that the United States will neither forget nor forgive the outrage to her flag, and he sincerely hopes that a like spirit pervades the bosoms of all participating in the administration of the affairs of the Brazilian empire. He will not believe, until conviction is forced upon him, but that his Majesty's government will go hand in hand with the United States in the suppression of the slave trade. Indeed, was the undersigned satisfied that the authorities of this country countenanced the infamous traffic, he should forthwith recommend to his government an entire dissolution of all connexion with Brazil; for the people of the United States, who are governors of that happy and prosperous land, could neither seek nor accept the friendship of a power that will in any manner abet the nefarious crime of stealing and forever enslaving their fellow-men.

The undersigned indulges the hope that his Majesty's government will embrace the occasion thus afforded to speak and act upon this important subject; and he flatters himself that the answer of his Excellency to this communication may be such as will give him the proud satisfaction of saying to his government that Brazil will lend her powerful aid in breaking up forever this abominable traffic.

The undersigned repeats to his Excellency assurances of his very high regard and consideration.

Mr. Tod to Mr. Buchanan.

[Extract.]

DAVID TOD.

[No. 17.]

LEGATION OF THE UNITED STATES,
Rio de Janeiro, January 27, 1848.

SIR: For the past few days I have been busily engaged, with Commodore Storer and Consul Parks, in causing an investigation into the pro

priety of the seizure of the American barque "Laurens." She came in this port about the first instant, in ballast, and for many days past have had reason to suspect that she was fitting for the coast of Africa, f the purpose of bringing back a cargo of negroes. On the 23d instar she went to sea, and, as had been previously determined on, the Unite States schooner Onkahye, under the command of Lieut. Berryman, in mediately followed, and, when without the jurisdiction of Brazil, boarde her. Finding on board the vessel abundant evidence to justify her seizure, Lieut. B. took possession of her, placed on board the officers and crew necessary, and sent her to the United States.

He also arrested the officers and crew found on board of the Laurens, and brought them into this port, (with the exception of the captain aud cook,) and placed them on board the Brandywine for safe keeping. Fo the benefit of the district attorney, who may have the charge of the pro secution of the case, I caused the affidavits of several persons to be taken. These affidavits were taken on board the Brandywine, and will be sent to the Secretary of the Navy by Commodore Storer. As I have not time to procure copies for you, I am compelled to refer you to the Navy De partment for them. The evidence taken establishes beyond all question the legality of the seizure of the vessel, and proper vigilance alone wi! be required to insure her conviction.

The Onkahye will leave immediately for the United States, taking with her the crew of the Laurens. She will reach home many days, it is believed, before the arrival of the Laurens, thus giving you ample time to arrange everything for her reception.

The immense value of the prize, as well as the vast importance of her acquittal to the future operations of the slave merchants of this city, will induce her owners to make powerful exertions to extricate the vessel and cargo. I hope you will cause them to be met at every step in the progress of the case. No exertions should be spared to bring the case before the court upon its true merits.

It will be necessary that a commission issue, to take testimony here. I would advise that you name Mr. Parks (our consul) and Major Morgan (secretary of legation) as the commissioners on the part of the United States. A careful perusal of the affidavits sent home, will enable the district attorney to propound the necessary interrogatories to the wit

nesses.

Our success in this case confirms me in the opinion expressed to you some time since, that it is highly important to keep on this naval station some small vessels, for the express purpose of suppressing the slave trade. Most of the vessels for the coast are fitted out at this place, and with the few friends the poor negro has here, it will be difficult for them to put to sea without our knowledge. With these small vessels, those using our flag can be followed, examined, and arrested. Again, since the seizure of the Laurens, the bare presence of a vessel of the United States in the harbor, capable of following them to sea, will do much towards arresting the use of our flag. I hope, therefore, that the President will, without delay, cause to be sent to this port at least two small vessels; steamers are greatly to be preferred. The cost of maintaining steamers at this place, I am aware, is an objection to using that class of vessels; but if I am not mistaken as to the results to be gained, this consideration should

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