Havannah in April, 1824, authorizing the Relampago to proceed to the Coast of Africa for the purpose of trading in articles of lawful Commerce, but by no means of engaging in the Slave Trade.

Jozé de Garay deposed, that he was a native of New Orleans, but from his infancy had resided in Spain;-that he was Captain of the Spanish Schooner Relampago, of which Lucas Padron, an inhabitant of The Havannah, was owner;-that he sailed from this Port early in May last for the Coast of Africa, for the purpose of engaging in lawful commerce;-that having arrived at the point of that Coast called Menaroch, he delivered his Cargo to the King of the District, under a promise of receiving ivory, gold-dust, &c. for the same, which promise was not performed; and after waiting on the Coast for a considerable time, during which he lost his two principal Officers, and fell sick himself, he was under the necessity of receiving Negroes as the only return he could obtain for the goods he had delivered :—that he accordingly embarked 162 Negroes, for the maintenance of whom he obtained a quantity of rice, but that he had no other Cargo:-that the five Documents he delivered to the Captor, at the time of his detention, were all the Papers existing ou board;—that he received on board Felipe Lozada, and six other individuals belonging to the Spanish Schooner Biscayna, which was lost on the Coast of Africa, the said Lozada acting as Mate, but without any Salary;—that the number of Negroes on board the Schooner, at the time of the detention, was 158 or 159, three or four having died during the passage.

Felipe de Lozada deposed, that he sailed from this Port of Havannah as Second Mate, in the Spanish Schooner Biscayna, for the purpose of trading in lawful commerce on the Coast of Africa ;-that, four days after her arrival on that Coast, the Vessel was lost, this Deponent escaping to the American Settlement there:-that having subsequently learnt that the Relampago was at Menaroch, he proceeded to that point, and obtained from her Captain Jozé de Garay, a passage for himself and six of his companions to this Port;-that the number of Negroes received on board the Relampago was 162, of whom three or four died during the passage.

Manuel del Pino deposed, that he sailed from this Port in the Schooner Relampago as a sailor and helmsman (Timonel). Deponent confirmed the Statements of the two preceding.

This

(Enclosure 2.)—Sentence in the Case of the Relampago.—(Translation.) Havannah, December 23, 1824.

THE merits of this Cause having been taken into consideration, it is declared, that the detention of the Spanish Merchant Schooner, Relampago, Don Jozé de Garay, Master, with a Cargo of 159 African Negroes, has been well and lawfully effected by the British Schooner of War, Lion, Lieut. Francis Liardet, Commander; and that the said Schooner, Relampago, her tackle, apparel, and whatever is contained

therein, are subject and liable to confiscation, with the exception of the aforesaid Negroes, who are declared to be free from all Slavery and Captivity. And it is accordingly hereby directed that, with respect to the condemned Vessel, and whatever belongs to her, a valuation shall be made thereof by the principal Masters of Casa Blanca, or, in their default, by those of the Royal Arsenal of this Department, who shall swear faithfully to perform this duty, in order that the same may be exposed to Public Auction for the term required by Law; and being disposed of to the highest bidder, that the proceeds may be applied to the benefit of the two Governments; the said Vessel being for the present placed in Deposit with Don Jayme Andreu, who shall likewise take the proper oath, receiving the same by formal inventory. And with respect to the Negroes, it is declared that their Certificate of Emancipation shall be given to them, to be delivered by the person who shall be deputed to perform that duty, as soon as they shall be landed, for which purpose an Official Letter, with a certified Copy of this Sentence, shall be addressed to His Excellency the Captain General, requesting that he may be pleased to name a person in whom he has confidence, to receive and take charge of them, until His Excellency shall dispose of them as he may think proper, in conformity to the letter and spirit of the Treaty which relates to this subject. And when His Excellency shall have selected the said person, it shall be notified to the Captor to deliver the Negroes up to him, numbered according to their classes and sexes; all which must be made appear in the Proceedings in the Case.

ANDRES DE JAUREGUI.

HENRY T. KILBEE.

RAFAEL DE QUESADA.

RAFAEL GONZALES, Secretary.

(Enclosure 3.)—Certificate of Emancipation.—( Translation.) (No. 39.)-Daughter of the preceding Number. Andrew de Jauregui, Henry Kilbee, and Colonel Rafael de Quesada Members of the Mixed Commisssion established in this City of Havannah, for the fulfilment of the Treaty concluded between Their Catholic and Britannic Majesties, relative to the abolition of the Slave Trade; the first as Spanish Commissary Judge, the second as English Commissary Judge, and the third as Spanish Commissioner of Arbitration:

WE certify that in the Proceedings before this Mixed Commission, in the Case of the detention by the Schooner, Lion, of His Britannic Majesty's Navy, commanded by Lieutenant Francis Liardet, of the Spanish Merchant Schooner Relampago, with a Cargo of Bozal (African) Negroes; a final Sentence was pronounced, declaring the said detention to have been well and lawfully effected, and consequently the Negroes brought in the detained Vessel to be free. And one of them being known in Africa by the name of [Yongo,] according

to his own statement, received by the interpretation of [John Baptiste de Olla, Slave of Don Thomas Gonzales; and Thomas Villa, Slave of Don Ramon Villa] persons of his Nation, and Interpreters of his language, who are present at this Act, in order that in all times they may serve as Witnesses of the identity of his person; the description of which is annexed at the foot hereof; to whom the name has now been given of [Coleta,] and we deliver to him the present, signed by us, and countersigned by the Secretary, who shall take a note of this Document, in a particular book to be kept for this purpose, in order that it may serve him as a Certificate of Emancipation, he remaining at the disposal of the Chief Authority of this City and Island, in conformity to the aforesaid Treaty. ANDRES DE JAUREGUI.

HENRY T. KILBEE. RAFAEL DE QUESADA.

RAFAEL GONZALES, Secretary.

Age [11 years]; Height [4 feet 2 inches]; Marks [a red scar or mark on her forehead, and remarkably small ears]; Nation [Ganga Longabá.]

(Enclosure 4.)-The Mixed Commission to the Capt. Gen. (Translation.) MOST EXCELLENT SIR, Havannah, Dec. 28, 1824.

THE Mixed Commission have concluded the act of assigning to the existing Negroes, of those captured in the Schooner Relampago, their Certificates of Emancipation, which were not delivered into the hands of the Negroes, from the consideration that, as they could not be sufficiently aware of the importance of those Documents, they might possibly neglect and lose them, for which reason it was thought advisable to withhold, and transmit them all to your Excellency, in order that, if you think proper, you may be pleased to direct, either that they shall remain deposited in the Government Secretary's Office, or that they shall be delivered to those with whom your Excellency may place the Negroes, and who will therefore have to give a receipt, as well for the persons of the latter, as for the Certificates, being responsible for both.

In these Documents, the Commission have endeavoured to take every means calculated to ensure the identity of each Negro emancipated. Besides his name in Africa, the Christian name that has been given to him, as well as his Nation, are inserted, and likewise the names of the interpreters who have been employed; the best description of each that was possible has been taken, all which is noted down in the Certificates themselves, which are numbered from 1 to 149 inclusive, that being the number of those which were made out. And with reference to these same numbers, notes of the said Documents have been taken down in a book ordered to be kept for that purpose, a piece of tin having been tied about the neck of each Negro, with his number engraved on it.

Although the Cargo at the time of the detention consisted of 159 Negroes, as is stated in the Sentence, only 149 Certificates were despatched, eight of the Negroes having died on board, according to the Reports made to the Commission by the Captor, and one at the time of disembarkation having been found missing, who probably, as is stated by the said Captor, had fallen overboard from extreme weakness; and another having died in the Depôt before his Certificate was made out. The Commission also apprize your Excellency, that a Negress included in the 149, and numbered 57, died likewise, after her Certificate had been completed; so that, at the conclusion of the act here referred to, there remained in the Depôt only 148 Negroes.

And finally, the Commission submit to your Excellency, that having endeavoured with particular care to find out whether, amongst these Negroes, there were any connected by family ties, in order that such might not be separated in their future destination, it has been ascertained that the Negresses numbered 38 and 39, and those numbered 69 and 70 are mothers and daughters, the last being only a few months old; that those with the numbers 34 and 35 are aunt and niece, and those with 44 and 45 are sisters; for which reason they are placed in the list in continuation, and their relationship is noted in the margin of the certificate of each of them.

The Commission consider, that with this they have concluded the discharge of their functions in the present Case, acknowledging most readily the speedy and effectual co-operation of your Excellency for the exact fulfilment of the Treaty.

God preserve your Excellency many years.

ANDRES DE JAUREGUI. H. T. KILBEE.

His Excellency the Captain General.

RAFAEL DE QUESADA.

Enclosure 6.-(Translation,)

CONDITIONS upon which the Government distribute the emanci pated Negroes brought to this Port in the Spanish Brig Relampago, captured by His Britannic Majesty's Schooner, Lion, conformably to the Seventh Article of the Regulations for the Mixed Commission established in this City in virtue of the Treaty of 1817, for the Abolition of the Traffic in Slaves.

1. That, in conformity with the above-mentioned Article, the Government is guarantee for the liberty of the said Negroes, and they shall be delivered to the Corporations, or private individuals, under the precise Conditions expressed in the following Articles.

2. The Negroes shall be maintained with wholesome and abundant food, and provided with clothes and shoes, according to the custom of the Country in regard to Servants; instructed in the dogmas of our refigion, in order that, as soon as possible, they may be baptized; they shall be provided with medical advice, and assisted with the

G

greatest care and attention in sickness; and the expenses of the burial of such as may die shall be paid :-They shall, moreover, be taught some occupation or mechanical art; in the same manner shall be treated the children of the Negresses, so long as they shall be incapable of working for their own maintenance; and in case of an infant being born of any of the Negresses, immediate advice shall be given to the Government, in order that the same may be duly registered, and that, in the Certificate of Baptism, its freedom may be expressed.

3. The first Sunday in the months of June and October, all the emancipated Negroes shall be presented to the Captain General, that he may be assured of their advancement in civilization, and that he may see whether they are satisfied.

4. Whenever it is observed that any of the Negroes has received bad usage, he shall be taken from the person or Corporation to whom. he may have been delivered; the said person or Corporation being bound to present him immediately, clothed, and with shoes, in order that he may be intrusted to some one else, who will take care and instruct him in a proper manner.-Neither can the Negroes be withdrawn from the City or its Suburbs without permission of the Government, as the parties must always be ready to present them whenever they are so required.

5. If the person having charge of any of these Negroes should die, the Negroes shall be delivered by the Government to the care of another, under the same conditions; and the Executor or Heir shall report the same to the Captain General within four days; and if he shall not do so, he shall pay one dollar a day for each Negro so long as he shall retain them in his power, besides being subject to the pe. nalties laid down for the non-performance of these conditions.

6. For any slight departure from these conditions, a fine is imposed of from 50 to 100 dollars, half for the Informer, and the other half for a fund to be established for the purpose of maintaining the emancipated Negroes that shall arrive sick at the Depôt, and also for providing them with some conveniences during the time that they shall remain there. For any essential departure, besides paying the fine, the person in charge of the Negro shall forfeit all right to his services, and the latter shall be taken from him, and delivered to another under these same conditions.

7. To be intrusted with one or more of these Negroes, it is necessary to possess landed property, or bring forward a well-known person, to the satisfaction of the Government, who will be answerable in 500 dollars for each Negro received.

8. In case the person to whom any Negro is delivered should sell or make away with him, reporting him to be dead or run away, such person, independent of the penalties established by the Laws, for