No. 82.-C. E. Lefroy, Esq. to The Marquess of Londonderry. (Received September 4.)

MY LORD,

Surinam, July 2, 1822. I HAVE the honour to inclose you a Copy of a Mode of Procedure for the Mixed Court established in this Colony, already arranged with me by Mr. Lammens, since his appointment to the Office of Judge on the part of The King of The Netherlands, subject, however, to His Majesty's approbation. This arrangement appears to me to embrace the directions of the Treaty, and all the essential points of the Regu lations provided for the Courts in the English Colonies, from which we design to translate the Forms of the Pleadings, for the use of our Proctors, almost literally; but it is necessary for me to call Your Lordship's attention particularly to the latter part of the 16th Article. By Your Lordship's present directions I am ordered to remit the full moiety of the produce of condemned Ships, without any deductions for salary or contingent expenses, to the Lords Commissioners of His Majesty's Treasury; this is of no consequence; but as the costs of proceeding by a Proctor to obtain the condemnation of a Vessel, may be very consi derable, and must in the first instance be defrayed by the Naval Officer employing him, to whom it may often be a serious inconvenience to advance such a sum of money till he can be reimbursed from home, it appears to me very desirable that the Court should be furnished with a discretionary power of ordering the payment of these costs, out of the produce of the sale of the condemned Vessel, where (as, in all probability, will most frequently be the case) the Master of the condemned Vessel, or Claimants, have no other funds within reach of the jurisdiction of the Court. If Your Lordship thinks this suggestion reasonable, I will beg you to communicate to me your approbation of my exercising, in concurrence with my Colleague, such a discretion, as I feel myself precluded by my present Instructions from so doing. Mr. Lammens informs me, that he is already furnished, by the Ministers of His Majesty The King of The Netherlands, with sufficient authority for that purpose. With the spirit of integrity, cordiality, and good faith in which this Gentleman has commenced his attention to the duof his new Appointment, I am happy to express to Your Lordship my entire satisfaction, although Your Lordship sees that the Mixed Court, as at present constituted, how anxious and zealous soever for the accomplishment of its great object, can only take cognizance officially of Cases brought before them by a Dutch or British Cruizer.

I have the honour to be, &c. The Marquess of Londonderry, K.G. CHRIS. EDW. LEFROY.

(Inclosure.)—Mode of Process, or Form of Procedure for the Mixed Curt at Surinam. (Translation.) ARTICLE 1. THE Judgment of the Court is to be given as summarily

as possible, and without Appeal, about,

1st. The validity of the attachment laid on Vessels used in the Slave Trade, and their forfeiture.

of

2dly. The invalidity of the detention of Vessels, and the recovery damages, claimed therefore. (Treaty, May 4, 1818, Instruction for the Courts, Art. 3, 6, 7.)

II. The Sentence (if possible), shall be pronounced within twenty days. (Treaty, May 4, 1818, idem Art. 1.)

III. In order to fulfil that part of the Law, the commissioned Captain, or the Person in charge of the captured Vessel, shall make his declaration with regard to the arrested Vessel or Vessels, within thrice four and twenty hours after the Vessels are come into the river of Surinam; which Declaration, written in the Dutch language, and under his oath, he is to deliver into the hands of one of the Judges or the Secretary of the Court, and in case of his not fulfilling this, then the Captain or Master of the arrested Vessel shall deliver in his Declaration, in the same manner, written in the Dutch language, within the following twice four and twenty hours; in this last event, the Commissioned Captain, if even he has made his arrest properly, shall be condemned in the costs of the Process.

IV. The Secretary shall, within twenty-four hours after the delivery of the aforesaid Declaration, by the Doorkeeper, by way of affixing a Citation to the door of the Court of Civil Justice, and by personal service of the same, (of which he shall make his report to the Court), summon both Parties, or their Attornies, to appear within three free days before the Court, (fixing, in the Citation, day, hour, and place), to hear the claim and conclusion made by the Parties or Claimant, in order to answer thereupon, and to proceed with the Process from three to three days.

V. The arrested Person, Plaintiff, or Claimer, shall deliver in, the first day, all his Documents and evidence, upon which the Secretary shall put his exhibitum, and give a receipt for the same.

The Person arrested, Plaintiff or Claimer, shall not or may avail himself of any others, or more, without consent of his Adversary.

VI. All Documents in use before the Mixed Court, are exempt from stamp duty.

VII. All Documents may be inspected by the opposite Party, and Extracts or Copies taken thereof; which shall be delivered by the Secretary at the expence of those that may require them.

VIII. At all the terms, the respective Parties shall proceed, by way of memorial, to answer, reply, and rejoin; after which, the Case shall be considered as determined, without pleading.

IX. The Court may, for their own particular information, require such Documents as they may deem proper.

X. In case the Arrested or Defendant, may want more than three days to produce justificatory evidence, then a delay of four weeks, at the utmost, may be allowed him, to deliver in his answer, in order that the Definitive Sentence may be pronounced within two months. (Treaty, 4th May 1818. Instructions for the Courts of Justice, Article 1.)

XI. Should the Arrested or Defendant apply for a longer delay, as necessary to bring forward evidence, in this case four months may be granted him, in addition to the before mentioned time of four weeks,— nevertheless under these conditions, that he shall give on his part, unlimited and sufficient security, satisfactory to the Court, to make good all farther costs of process, demurrage, damages, &c. which may result therefrom, or occur within that period, or of such which may be purely accidental, and that may stand in no connexion with the Lawsuit. (Treaty, 4th May 1818, idem.)

XII. In case by the decision of the Court the arrest or detention be declared unlawful, then the Captain of the arrested or detained Vessel shall deliver to the Secretary his claim for recovery of damages, within four times twenty-four hours, and the Proceedings continue as is expressed before, Article 4, and following.

XIII. As soon as Sentence shall be pronounced, notice thereof shall be given immediately to His Excellency the Governor of this Colony, and (if need be), his assistance be asked, to effect the execution of the same. (Ministerial Instruction, July 18, 1819.)

XIV. Proctors and Attornies shall be admitted, before the Mixed Court, provided they have previously taken the Oath prescribed before one of the Judges, and of which the Parties shall be informed at the delivery of their declaration of arrest or detention. (The King's Decree, August 1, 1820.)

XV. To the Proctors or Attornies, if required, shall, at their expence, be given:

1st. Authentick Copy of the Treaty, May 4, 1818.

2dly. This Mode of Procedure, and such Forms as are stipulated thereby.

XVI. The Secretary is authorised to tax the costs of the Proctors, &c. and, in case of the opposite Party not being satisfied, he may bring the same before the Court for re-examination, and all costs shall be paid by the Party against whom Judgment may be given; or, in case the arrested Vessel shall be condemned, the same may be paid out of the produce thereof, if the Court should be authorised thereto, and should think it expedient so to order.

XVII. A proper Register shall be kept by the Secretary, to take down every thing that is going on before the Court.

XVIII. This Mode of Procedure may be enlarged and altered as circumstances might require.

XIX. If the Judges cannot agree in regard to the construction of these Articles, or the jurisdiction of the Court, it shall (pro re nata), be decided by one of the Arbitrators (to be chosen by lot), upon reference to the Treaty and Ministerial Instructions.

This Form of Process to be sent for approbation to His Majesty The King of The Netherlands, and, in the mean time, provisionally adopted by the Mixed Court sitting at Surinam.

Paramaribo, June 19, 1822.

A. F. LAMMENS.

CHRIS. EDW. LEFROY.

No. 83.-C. E. Lefroy, Esq. to The Marquess of Londonderry. (Received September 13.)

MY LORD,

Surinam, July 23, 1822.

I HAVE the honour to acknowledge the receipt of your Lordship's Despatch, dated May 17, 1822,* communicating the Copy of a Letter from the Secretary to the Admiralty, to Joseph Planta, jun. Esq. intimating, that in future there would be only two signatures of the Lords Commissioners of the Admiralty, to the Instructions issued in conformity to the Treaties for preventing the illegal Traffick in Slaves. I have the honour to be, &c. The Marquess of Londonderry, K. G.

CHRIS. EDW. LEFROY

No. 84.-C. E. Lefroy, Esq. to The Marquess of Londonderry. (Received October 28.)

(Extract.)

Surinam, August 22, 1822. As there is generally a long discontinuance of any direct intercourse with Europe after this month, and the opportunities of communication through our Colonies are quite accidental, I thus early renew my solicitation for the indulgence of a furlough, to return to England in the ensuing Spring. It is, moreover, my Lord, of course desirable, if such indulgence can be extended to me, that I should have some little notice, and I shall not probably receive your Lordship's reply to this application within six months at least.

I have nothing of official importance to communicate to your Lordship.

The Marquess of Londonderry, K. G. CHRIS. EDW. LEFROY.

No. 85.-C. E. Lefroy, Esq. to the Marquess of Londonderry. (Received November 20.)

(Extract.)

Surinam, September 20, 1822. FROM the Inclosures which I have now the honour to submit to you, (viz. Copies of a Letter addressed by me to the present GovernorGeneral of this Colony,-Translation of a Proclamation of His Excellency,-and, Copy of a Letter I have thought it my duty to address to the Governors of the neighbouring British Colonies,) your Lordship * See No. 2, page 283.

will learn that Charles Beverley, the British Slave-trader, already reported to your Lordship, has contrived, since the date of my last Despatch, to make his escape from the Criminal Gaol of this Colony, and that the Fiscal has restored the Negroes brought in here by Beverley, to Monsieur le Martineau (the Consignee,) upon his giving security (as I am informed,) that he would prove the lawfulness of their importation; I am sorry also to say, that the Governor has declined my offer of a reward for the re-capture of Beverley; and I cannot but regret, that no reference to the offence for which he was imprisoned is made in the accompanying Proclamation. I am not aware that it is open to me to take any further step in this business than I have done.

Your Lordship has well observed, in a letter to The Earl of Clancarty, dated the 21st of March 1821, and printed in the Parliamentary Papers, "that the continuance of this horrible Trade, or its abolition within the Dominions of The Netherlands Government, to which His Netherlands Majesty is solemnly pledged by Treaty, depends entirely upon the tenour of the Orders which they may send out to their Colonial Possessions." But the Treaty has now been concluded nearly five years, and (excepting in my present Colleague, M. Lammens, who is but just appointed, and is scrupulous of interfering with the duties of the Executive Government here,) I cannot perceive in any other of the Surinam Officers of His Netherlands Majesty, either Civil or Military, the slightest appearance of any peremptory Orders, in the bonâ fide spirit of the Treaty, having been received by them, towards accomplishing the object of the Treaty. So far from cordially co-operating with me, if any good has been effected since I have been here, it has been effected only by the most irksome and continuous extra-judicial importunity on my part, which ought not to have been necessary, and at the utmost expense possible of trouble and expostulation to your Lordship, and His Majesty's Ambassador in Holland. Will your Lordship think me too presumptuous, if I suggest that there is still one step by which the Government of His Netherlands Majesty may satisfactorily evince their earnestness and good faith in this important cause, (viz.) the introduction into this Colony of a Registry Act, similar to that enforced in the British Colonies? This Act, your Lordship secs, although it might in some degree be crippled, could not be entirely defeated; because, by making the registration of Slaves indispensable to the Owner's title, the neglect of complying with its provisions would put People in the power of each other.

I beg to take this opportunity of acquainting your Lordship, that on the 29th ultimate, Captain Herbert, of the English Corvette Icarus, and Captain Crole, of the Surinam Brig of War, did me the honour to call on me, and that I pointed out to them those parts of the Coast where I had reason to think illicit debarkations of Slaves had been