DECREE. Havana, 3d February, 1823. As he requests-two dashes. NOTIFICATION. In the Havana, on the said day, I notify it to Don Pedro Lopez. TORRE. Attest, DECLARATION. In the ever faithful city of the Havana, on the 3d of Feb. 1823, before the Acting Auditor of War, appeared Don Ignacio Lopez, a native of the Kingdom of Galicia, an inhabitant of Campeachy, and at present a resident here, a married man, and by profession a merchant, who made oath, in due form of law, under which he offered to speak the truth; and being examined by the particulars of the foregoing interrogatory and memorial of the former page, said, after being informed of the said memorial, and of the protest which accompanies it, that the passage is certain and true, which the last relates, in which appears copied the letter which the captain of the schooner Ninfa Catalana directed to Don Pedro Lopez, his consignee, which fact took place at the distance of a cannon shot from the Moro, loading the boatswain of the schooner Ninfa, and the sailors, with chains; and answers, being interrogated, on the first particular, he said: That he knows the individuals to whom the interrogatory refers, whom he takes, and has taken, for honest men, and of regular conduct, not having ever heard it said that the said individuals could have committed the crime of which they have been accused by the captain of the schooner which was said to be robbed, conceiving, at the same time, that such an imputation is a falsehood: and answers to the second, that it is certain that, from the date which is cited, the voyages which the said schooner has made, have been to the ports which the interrogatory mentions, in the Gulf of Mexico, without having heard it said that she had been destined to other points than those related: to the third, and last, that it is certain that the accusation which the captain of the American schooner made, has no other origin than that which is related as having passed, in the terms written; and answers that, what he has declared, is the truth, in virtue of the oath which he has taken; that he is forty years of age. It was read to him, and he declared it to be correct; that he is not comprehended in the general principles of the law, does not sign from not knowing how; which I attest. Before me, MANUEL DE LA TORRE. DECLARATION. In the ever faithful city of the Havana, the same day, month, and year, before the same Sōr Auditor,appeared Dn. Salvador Fernandez, a native of Galicia, a married man, and by profession a merchant, to whom an oath was administered, which he made with due form of law, under which he promised to speak the truth, and being examined as to the foregoing, said, that the event is certain and true, described in the memorial of the first page, and the protest, which is added in testimony, as it happened accordingly, and, as this document relates it, which is evident to him, in consequence of his being on board the Schooner Ninfa Catalana, on the day mentioned, as he had taken his passage in her for Campeachy, to which port she was bound, and proceeded about a cannon shot's distance from the Moro: and answers, being interrogated by the first particular of the preceding interrogatory, said, that he has been in the habit of sailing upwards of two years in the said Schooner, for the purchase and sale of his merchandise, for which reason he knows, and is acquainted with the persons whom the interrogatory indicates, whom he has considered, and still considers, as men of honorable proceedings, who are incapable of committing hostilities, or allowing them to be committed, or causing damage to any vessel belonging to nations, our allies: and, answers to the second, that, by what he has related in his former answer, he knows that the Schooner Ninfa Catalana has not directed her voyages to other ports than those mentioned. To the third and last, that it is certain the declarant was present; and, also, one of the sailors of the Schooner Ninfa, who had been brought by the orders of the American Brig Spark; and answers that what he has declared is the truth, in virtue of his oath; that he is twentyseven years of age: it was read to him, and he declared it to be correct, and signed it, declaring that he is not comprehended in the general principles of the law. The Auditor did it, which I attest. SALVADOR FERNANDDZ. Before me, MANUEL DE LA TORRE. DECLARATION. In continuance of the act appeared before his Lordship D. Jose Ferrer, a native of Catalonia, a married man, domiciliated in Campeachy, and by profession a merchant, to whom was administered the oath, in the form prescribed by law, under which he promiseð to speak the truth, and, being examined by the memorial of the first page, which was read to him, as, also, the protest which is added in testimony, said, that the fact is certain and true, which the memorial and protest mention, as having happened on the date and in the terms which the letter, inserted in the protest, indicates; the Schooner Ninfa Catalana, being distant about a cannon shot from the Moro, and answers, being interrogated by the first particular of the preceding interrogatory, said, that, from having made voyages in the Schooner Ninfa Catalana, as a passenger, he knows the persons mentioned, whom he has considered, and considers, as men of all honor, incapable, from their good qualities, of committing hostilities or causing damage to any vessel belonging to nations, our allies, or of permitting a sailor, belonging to her, to commit it: and answers to the second, for the reason already given, he is equally certain that the said Schooner has made no other voyages than to the points which the interrogatory indicates; and answers to the third and last, that he is ignorant of it, although he has heard it said in the same vessel, for which reason he does not assert it; and answers, that what he has declared, is the truth, in virtue of his oath; that he is of the age of thirty-five years; that it was read to him, and he declared it to be correct; he did not sign from not knowing how; the Auditor did it, which I attest.-Before me, MANUEL DE LA TORRE. DECLARATION. In the ever faithful city of the Havana, on the fourth of February, one thousand eight hundred and twenty-three, before acting Auditor of War, appeared Dn. Juan Pastor, a native of Tarragona, in the Principality of Catalonia, and an inhabitant of Merida, in Yucatan, a widower, and professionally a merchant, whose oath was taken by God and the Holy Cross, under which he promised to speak the truth, and being examined by the preceding representations, and the protest, which is added in testimony, being read to him, he said, that the said protest attests the truth of the facts, for which purpose he subscribed it, the said first memorial being also agreeable to it. Being examined by the contents of the second, he said, that he knows the persons who are mentioned, and has sailed with them, and by the same he can say, with all safety, that they are honorable men, of irreproachable conduct, and thus he considers them incapable of having committed any hostility on vessels belonging to a friendly nation, esteeming whatever may be said to the contrary as a calumny, he can do no less than represent, that, having requested the Captain of the American brig of war to mark the point at which the Schooner Ninfa Catalana had caused the damage, as she had been in the trade from Campeachy to the Havanna, about four years, the declarant being the consignee in Sisal, and he answered in his language, and by an interpreter, that he did not know. To the second, that all that is related in the interrogatory is certain, and answers, that what he has declared is the truth, in virtue of his oath; that he is advanced in age; it was read to him and he declared it to be correct, and signed it with his Lordship, which I attest-one dash. Before me, MANUEL DE LA TORRE. JUAN PASTOR. DECLARATION. In continuation, appeared before his Lordship Don Juan Alvarez de Castro, a native of Galicia, and inhabitant of this city, a bachelor, and his business that of a merchant, who made oath, in due form of law, under which he promised to speak the truth; and, being examined by the memorial of the first page, which was read to him, as well as the protest which accompanies it in testimony, said: That what both documents express, is certain and true, because as a passenger of the schooner Ninfa Catalana, he was present at the whole, and assisted in forming the protest; and being examined by the other representations, said: to the first, that he knows all the persons who are named, whom he considers as men of honorable conduct, and does not believe capable of having committed the crime which the commander of the American brig of war Spark, belonging to an allied nation, attributes to them. To the second, that, as far as the interrogatory contains, is well known to him, and answers, that what he has declared, is the truth by the oath which he has taken; that he is forty six years of age. It was read to him, and he declared it to be correct. He did not sign; as he said he did not know how, which was done for him, which I attest. Before me, MANUEL DE LA TORRE. DECLARATION. In continuation, before his Lordship appeared Don Jose Anet, a native of Catalonia, and inhabitant of this city, a married man, and merchant, to whom was administered the oath in due form of law, under which he promised to speak the truth; and, being examined by the memorial of the first page, and the protest which accompanies it being read to him, said: That the contents of the memorial and protest which were read to him, agree with the declarations which D. Pedro Lopez has made to him; and, being examined by the particulars of the last representation produced by this man, said: to the first, that he knows the persons who are mentioned as belonging to the schooner Ninfa Catalana, always esteeming them honest men, as having heard nothing to the contrary, and therefore does not presume that they can have committed any hostility, and especially upon vessels belonging to an allied nation. To the second, that, what the interrogatory expresses is known to him, except the date when the schooner was purchased, and answers, that what he has declared, is the truth by his oath: that he is thirty one years of age. It was read to him, and he declared it to be correct, and signed with his Lordship, which I attest. JOSE ANET. Before me, MANUEL DE LA TORRE. DECREE. Havana, February 4, 1823. The informatory evidence having been furnished, which was provided in the decree of the first current, let these proceedings be delivered to D. Pedro Lopez, that he may advance that part of it which he thinks proper. MANUEL DE LA TORRE. KINDELAN. NOTIFICATION. In the Havana, on the said day, I notified it to Don Pedro Lopez. Attest, TORRE. PETITION, To the Acting Captain General:-Don Pedro Lopez, An inhabitant and merchant here, consignee of the Spanish schooner Ninfa Catalana, in the proceedings which he has instituted in this Captaincy General, with the usual respect, says: that, for the better clearing up the information which he has brought forward, and to give it all the force necessary for that purpose, has requested his Excellency the Commander General of the Marine, that the Captain of the Port, having examined the books under his charge, will certify, as is true, that the said vessel had directed her voyages only to the ports of the Gulf of Mexico, and never to that of Cadiz; and his Excellency was pleased to accede to the request, the Captain of the Port certifying in consequence; which documents he accompanies with the ceremonial of style, in order that they may produce the proper effects: Wherefore, he intreats you to be pleased, they being presented, to order that they be added to the process, that it may have the proper effects, which is justice. Havana, February the fifth, one thousand eight hundred and twenty three. PEDRO LOPEZ. DECREE. Havana, February 5, 1823. Let the presented papers which accompany, be added to the proceedings of the business, that it may have the effect which may happen. KINDELAN. MANUEL DE LA TORRE. |