No. 9.-Joseph Planta, jun. Esq. to G. W. Chad, Esq. Foreign Office, August 21, 1822. MR. PLANTA presents his compliments to Mr. Chad, and, in reference to Lord Londonderry's Despatch of the 29th of July last, is directed to acquaint him that, by a Despatch just received from His Majesty's Commissary Judge at Surinam, under date of the 4th of June last* it appears that Mr. Lammens has been appointed Commissary Judge of the Mixed Court at Surinam by The King of The Netherlands, and that Mr. Lammens has since duly taken the Oath prescribed by the Treaty of the 4th of May 1818, for such Appointment.

No. 10.-Earl Bathurst to G. W. Chad, Esq. (Circular.) Foreign Office, September 6, 1822. AN Humble Address having been presented by the House of Commons to His Majesty, pursuant to a Resolution of the House, dated the 27th of June last, upon the subject of the Traffick in Slaves, in which Address allusion is made, particularly, to the existing state of the Negotiations between this Country and Foreign Powers, upon this important and interesting matter; I have the honour to forward to you herewith a Copy of the Address for you information; and I have to direct your especial attention to the purport of it, in any communication which you may have with the Ministers of the Court at which you reside, upon the subject of the Traffick in Slaves.

His Majesty's Minister at The Hague, &c.

I am, &c.

BATHURST.

No. 11.-Mr. Secretary Canning to The Earl of Clancarty.

(Circular.) Foreign Office, September 30, 1822. REFERRING you to the Circular Despatch of His Majesty's Secretary of State for Foreign Affairs, of the 22d of September, 1820, upon the subject of that part of the Treaty (Convention) between Great Britain and .... for preventing illegal Traffick in Slaves, which enacts, that Ships of War may detain and bring in Vessels suspected of illegal Traffick, in the event only of their actually finding Slaves on board, and in reference also to the acquiescence of the

...... Government, as signified by you, in the proposition which, by the Despatch above-mentioned, His Majesty's Ministers were instructed to make upon this Point;

I am now to send to you by The King's command the Projêt of an Article, drawn up in strict conformity with the Proposition then made, with a view of ensuring the true object of the Treaty (Convention) as concluded at that time; and I have to instruct you to lose no time in seeing the....... ....Minister, and urging him to take the orders of The King, his Master, with respect to signing an Article to the effect of the Draft accompanying this Despatch.

* See Class B. No. 81.

Full Powers for the purpose required will be transmitted to you without delay; and The King doubts not that His ............................. Majesty will promptly issue the necessary authority to His Ministers to sign the Article in question, with the view of giving full effect to the assurances which His

conveyed to The King upon this subject. I am, &c.

* His Majesty's Ambassador at The Hague, &c.

Majesty has already

GEORGE CANNING.

(Inclosure.)—Projet of an Explanatory Article to the Treaty (Contention) between His Majesty and the King of

Concluded and signed at

181.

......

......

on the............ day of

WHEREAS it is stated, in Article 1. of "Instructions intended for the British and ..... Ships of War employed to prevent the illicit Traffick in Slaves," that Ships, on board of which no Slaves shall be found intended for purposes of Traffick, shall not be detained on any account or pretence whatever; and whereas it has been found by experience that Vessels employed in the illegal Traffick, have put their Slaves momentarily on shore, immediately prior to their being visited by Ships of War, and that such Vessels have thus found means to evade forfeiture, and have been enabled to pursue their unlawful course with impunity; contrary to the true object and spirit of the Treaty, (Convention) above mentioned;

The High Contracting Parties, therefore, feel it necessary to declare, and it is hereby declared by Them, that, if there shall be clear and undeniable proof, that a Slave or Slaves have been put on board a Vessel for the purpose of illegal Traffick, in the particular voyage on which the Vessel shall be captured, then, and on that account, according to the true intent and meaning of the Stipulations of the Treaty, (Convention) such Vessel is to be detained by the Cruizers, and finally condemned by the Commissioners.

This Explanatory Article shall have the same force and effect, as if it were inserted word for word in the said Treaty, (Convention) and shall be held to form part of the same.

In witness whereof the Undersigned, furnished with Full Powers to that effect from their respective Sovereigns, have hereunto signed their Names and affixed their Seals.

Done at..................the............day of................ 1822. (Signed)

(L. S.)

(Signed)

(L. S.)

No. 12. Mr. Secretary Canning to The Earl of Clancarty.

·

(Circular.) Foreign Office, September 30, 1822. REFERRING you to the Circular Despatch of His Majesty's Secretary of State for Foreign Affairs, under date of the 22d of February

1822, in which it was proposed that the Regulations for supplying the case of the death of one or more of the Commissioners under the Treaty (Convention) for preventing illegal Traffick in Slaves, should be extended to the case of the absence of the said Commissioners, on account of illness, or any other unavoidable cause:

I have to send to you the Projêt of an Article to the effect stated; and I am to convey to you The King's Commands, that you propose to the...... .......Minister, to take without delay the directions of his Sovereign, for the conclusion and signature of the Article in question.

Full Powers for this purpose will be transmitted to you without delay. I am, &c. His Majesty's Ambassador at The Hague, &c. GEORGE CANNING.

....

(Inclosure.)-Projet of an Additional Article to the Treaty (Convention) between His Majesty and the King of ........ for the prevention of the illegal Traffick in Slaves. Signed at. .......day of........ 181.

.....on the

THE High Contracting Parties hereby agree that, in the event of the absence, on account of illness, or of any other unavoidable cause, of one or more of the Commissioners, Judges and Arbitrators, under the above-mentioned Treaty, (Convention) or in the case of their absence in consequence of leave from their Government, duly notified to the Board of Commission, sitting under the said Treaty, (Convention) their Posts shall be supplied in the same manner in which, by the Article .... of the "Regulations for the Mixed Commissions," those vacancies in the Commission are to be supplied, which may occur by the death of one or more of the Commissioners aforesaid.

This Article shall have the same force and effect as if it had been inserted word for word in the above-mentioned Treaty, (Convention) and shall be held to form part of the same.

In witness whereof, the Undersigned, duly furnished with Full Powers from their respective Sovereigns, have signed the present Additional Article, and have affixed thereunto the Seal of their Arms. (Signed) (Signed)

(L. S.)

(L. S.)

No. 13.-Mr. Secretary Canning to The Earl of Clancarty. MY LORD, Foreign Office, October 4, 1822. YOUR Excellency is authorized by my Despatch of the 30th September to proceed to the signature of an Article, extending to Vessels which shall be proved to have had Slaves on board, the penalties of capture and condemnation, hitherto applicable to those only, on board of which Slaves should be actually found at the moment of visiting them.

As this extension has been already agreed to by the Government of His Netherlands Majesty, I have not thought it advisable to risk the retraction of their consent, by opening a new proposition, until the signature of the Article prepared for giving effect to it shall have been obtained. But as soon as that object is accomplished, Your Excellency will, in discoursing with The Netherlands Minister upon the effects of the Article, and the mode of carrying it into execution, observe that, in the absence of other evidence, the fitting-up of a Vessel evidently for the purposes of the Slave Trade, must be held to shew so plainly the intention of her voyage, as to be received in proof of the fact against the interested testimony of the Navigators.

It is indeed quite impossible to imagine any pretext for those arrangements on board a Ship, which are calculated for the reception of a living cargo, except the purpose for which they are really destined; and it would be quite mockery to pretend that the purpose so manifested differs in any degree, in guilt, from the total or partial execution of it, however, under the Convention, as it originally stood, the actual presence of the miserable victims was held to be necessary to substantiate the charge of trading in them. If there be (as the admission of the extended Article gives His Majesty reason to hope) a sincere desire on the part of The Netherlands Government to execute this Engagement fairly, there cannot be a hesitation on the part of the Minister appointed to sign this Article with Your Excellency, to admit, and, if thought necessary, to record, the supplemental Provision, that the fitting up of the Ship (which may be described in as precise terms as The Netherlands Minister requires) shall be held to be primâ facie evidence of the nature of the cargo. The burthen of the proof to the contrary must rest with the Captain of the Vessel, who will have to shew, to the satisfaction of the Captors, to what other pose such fitting up can be applicable. I inclose a Draft of a Proviso, which may be added to the Clause, and which Your Excellency's Full Power will equally enable you to sign. If The Netherlands Minister should prefer its being added to the Treaty in the distinct shape of a Separate Article, Your Excellency is equally authorized to sign it in that form; or if any suggestions are offered, for avoiding the possibility of error, as to the illegal purpose of a voyage, you will profess your readiness to refer them for the consideration of your Government, in the confidence that the real and bonâ fide intention of The Netherlands Government is to give validity and effect to the prevention of illicit Slave Trade.

H. E. The Earl of Clancarty, G.C.B.

I am,

&c.

pur

GEORGE CANNING.

(Inclosure.) Draft of Proviso.

Ir being well understood, that, in the absence of oral or documentary evidence, the fitting-up of the Vessel with.....(Here insert the description,) shall be considered as primâ facie proof of the nature of the cargo, and shall render the said Vessel liable to capture and condemnation.

Note.-A Despatch inclosing a Draft of this Proviso, was also addressed on the same day to E. M. Ward, and Lionel Hervey, Esqrs.

No. 14. Mr. Secretary Canning to The Earl of Clancarty.

(Circular.)

Foreign Office, November 1, 1822.

IN reference to my Despatch of the 4th of October, I furnish you with a Memorandum respecting the fitting-up of a Vessel intended for trading in Slaves. You will insert the substance of this Paper in the Proviso inclosed in my Despatch above-mentioned.

I am, &c.

His Majesty Ambassador at The Hague, &c. GEorge cannING.

{Inclosure.)—MEMORANDUM respecting the fitting-up of Slave

Vessels.

ANY Vessel, subject to examination under the Treaties, being found hovering or sailing near to the West Coast of Africa, between the 20th degree of North Latitude and the Equator, or at anchor in any of the Rivers or bays of the said Coast, having on board an unreasonable quantity of water in casks or tanks, more than neces、 sary for the consumption of her Crew as a Merchant Vessel; or any such Vessel having on board an unreasonable number of water casks, or other vessels for holding water, unless the Commander produce a Certificate from the Custom-house of the place from which he cleared outwards, stating that a sufficient bond had been given by the Owners of such Vessel to guaranty that such extra quantity of casks should only be used for the reception of palm-oil; or any such Vessel having on board a greater quantity of mess-tubs or kids than necessary for her Crew as a Merchant Vessel; or any such Vessel having on board two copper boilers, a small one for her Crew, and a larger one, or one of much larger size than requisite for the use of her Crew as a Merchant Vessel; or any such Vessel having on board a quantity of rice or farinha (flour of the manioc of Brazil, or of the Cassada) or maize, or Indian corn, beyond any probable necessary provision for the Crew, and such flour or maize not being entered on the Manifest as part of the cargo for trade;

Or any such Vessel having on board a number of bolts, shackles, or handcuffs; or any such Vessel having on board spare plank in the hold, fit for readily laying a second or moveable Slave Deck, or having