41. Visc. Castlereagh to His Majesty's Commissioners... ... ...(Circular) Foreign Office....24th Sept. 107 42. Visc. Castlereagh to His Majesty's Commissioners, and also to His Majesty's Ambassadors at Madrid, and Brussels, and to His Majesty's Envoy at Rio de Janeiro....... .(Circular) Foreign Office....16th Nov. 107 43. Joseph Planta, Jun. Esq. to Henry Goulburn, Esq.... 44. His Majesty's Commissioners to Viscount Castlereagh... Foreign Office....28th Nov. 107 1821 .Sierra Leone......5th Jan. 108 No. 1.-Viscount Castlereagh to His Majesty's Commissary Judge. SIR, Foreign Office, 19th February, 1819. His Royal Highness The Prince Regent, acting in the name and on the behalf of His Majesty, has been pleased to appoint you to be His Majesty's Commissary Judge to the mixed English and Spanish Commission, to be established at Sierra Leone, under the Treaty between Great Britain and Spain, for preventing the illegal Traffick in Slaves, signed at Madrid, on the 23d of September, 1817, and pursuant to the Act of Parliament passed in the 58th Year of His Majesty's Reign, for carrying that Treaty into effect. I have the honour to send you herewith His Royal Highness's Commission, appointing you to be His Majesty's Commissary Judge; Edward Fitzgerald, Esq. to be His Majesty's Commissioner of Arbitration; and Daniel Molloy Hamilton, Esq. to be His Majesty's Registrar, to the Board of Commission aforesaid. I send you likewise a Copy of the Additional Article to the Treaty between Great Britain and Spain, of the 5th July, 1814, containing a Stipulation on the subject of the Traffick in Slaves; and also Copies of the Treaty of the 23d September, 1817, and of the Act of Parliament referred to. You will consider these Documents as laying down the general basis and rule of your conduct in the character to which His Royal Highness has been pleased to appoint you. One of His Majesty's Vessels will be in readiness to convey you forthwith to Sierra Leone, so that no time may be lost in commencing the operations of this Commission. His Catholick Majesty has nominated Dr. Santiago Janama, His Consul at Amsterdam, to be His Commissary Judge at Sierra Leone, under the Treaty in question; and Dr. Juan Camps, late Spanish Consul in Africa, to be His Commissioner of Arbitration: The Vessel which carries you out will receive orders to touch at Cadiz to take up these Gentlemen, and convey them, together with you, to Sierra Leone. Upon your arrival at that Place you will communicate to Mr. Fitzgerald His Royal Highness's Commission, together with the present Despatch, and its several other Inclosures. They are intended, as well as the other Instructions which I may address to you under this head, equally for that Gentleman and yourself. You will yourselves take, in proper form, the Oath prescribed, and administer to Mr. Hamilton (the Registrar) the Oath prescribed for him. You will confer with the Spanish Officers already referred to; and, ascertaining that their Commission is proper in form and in substance, you will agree with them upon the most eligible course to be pursued, in respect to entering upon the duties of the Commission entrusted to your care, and you will forthwith enter upon them accordingly. Although His Royal Highness is confident, from your approved integrity and discretion, that you will proceed in the adjudication and arbitration upon the fairest and most honourable principles, and without pressing too far any doubtful points; yet, for the clearer manifestation of the spirit with which He has been actuated in concluding the said Treaty, He is pleased to signify to you His special command, that, throughout the whole of the functions respectively entrusted to you and to Mr. Fitzgerald, you should be careful not to lose sight of your judicial character, and should uniformly endeavour to combine a fair and conscientious zeal for the prevention of the illegal Traffick in Slaves, with the maintenance of the strictest justice towards the parties concerned, and with the promotion of a spirit of conciliation and harmony between His Majesty's Subjects, and those of The King of Spain. His Royal Highness has further commanded, that you shall from time to time transmit to this Office an account of your proceedings, in Letters addressed to His Majesty's Principal Secretary of State for Foreign Affairs, and that you shall conform to such further instructions and directions as you may hereafter receive from him. Thomas Gregory, Esq. I am, &c. CASTLEREAGH. (Inclosure.)-Commission for a British Commissary Judge, a Commissioner of Arbitration, and a Secretary or Registrar, to reside at Sierra Leone, under the Treaty with Spain of 1817. IN THE NAME AND ON THE BEHALF OF HIS MAJESTY, (L. S.) GEORGE, P. R. GEORGE the Third, by the grace of God, King of the United Kingdom of Great Britain and Ireland, Defender of the Faith, King of Hanover, &c. &c. &c. To all and singular to whom these presents shall come, greeting: Whereas by a Treaty concluded at Madrid on the 23d day of September, 1817, between Us and His Catholick Majesty, for preventing our respective Subjects from engaging in any illicit Traffick in Slaves, it is, amongst other things, stipulated and agreed, that, in order to bring to adjudication, with the least delay and inconvenience, the Vessels which may be detained for having been engaged in an illicit Traffick in Slaves, there shall be established within the space of a Year, at furthest, from the exchange of the Ratifications of the said Treaty, two Mixed Commissions, formed of an equal number of Individuals of the two Nations, named for that purpose by their respective Sovereigns, and that these Commissions shall reside, one in a Possession to Us belonging, the other within the Territories of His Catholick Majesty; one of which Commissions is stipulated by the said Treaty to be always held upon the Coast of Africa, and the other in one of the Colonial Possessions of His Catholick Majesty: And it was by the said Treaty further stipulated and agreed, that the said Commissions should judge the Causes submitted to them without appeal, and according to the Regulations and Instructions annexed to the said Treaty, of which they should be considered as an integral part. And whereas it was, by the said Regulations annexed to the said Treaty, amongst other things provided, that the said Mixed Commissions should be composed in the following manner, that is to say, that We and His Catholick Majesty should each of us name a Commissary Judge and a Commissioner of Arbitration, who should be authorized to hear and decide, without appeal, all cases of Capture of Slave Vessels, which, in pursuance of the Stipulations of the said Treaty, might be laid before them, and that there should be attached to each Commission, a Secretary or Registrar, appointed by the Sovereign of the Country in which the Commission might reside: and whereas, by an Act of Parliament made and passed in the 58th year of Our Reign intituled, "An Act to carry into execution a Treaty made between His Majesty and the King of Spain, for the preventing Traffick in Slaves," it is, amongst other things enacted, that it shall be lawful for Us, by any Warrant under Our Royal Sign Manual, countersigned by one of our Principal Secretaries of State for the time being, to appoint such Commissary Judges and Commissioners of Arbitration as are in and by the said Treaty and Regulations thereunto annexed, mentioned to be apppointed by Us; and such Commissary Judges and Commissioners are thereby authorized and empowered to examine and decide all such cases of detention, Captures and Seizures of Vessels and their Cargoes, detained, seized, taken, or captured under the said Treaty, or Instructions or Regulations, as are by the said Treaty, Instructions, and Regulations, and by that Act made subject to their jurisdiction, and to proceed therein, and give such judgments, and make such orders therein, and do all other acts, matters, and things appertaining thereto, agreeably to the provisions of the said Treaty, and the Instructions and Regulations annexed thereto, as fully and effectually, to all intents and purposes, as if special powers and authorities for that purpose were specifically and particularly inserted and given in relation thereto in the said Act: And it was thereby further, amongst other things, enacted, that it should be lawful for the said Commissary Judges, or either of them, and they are thereby respectively empowered, to administer oaths to, and take the depositions of all Parties, Witnesses, and other Persons who may come or be brought before them to be examined, or for the purpose of deposing, in the course of any proceeding, before the said Commissary Judges, or before the said Commissary Judges and the Commissioner of Arbitration, in the cases in which such Commissioners of Arbitration shall act with the said Commissary Judges under the said Treaty, Instructions, or Regulations, or that Act; and that it should also be lawful for the said Commissary Judges, or for the said Commissary Judges and Commissioners of Arbitration, in the cases aforesaid, to summon before them all Persons whom they may deem it necessary or proper to examine in relation to any suit, proceeding, or matter or thing under their cognizance, and to send for and issue Precepts for the producing of all such Papers as may relate to the matters in question before them, and to enforce all such Summonses, Orders, and Precepts, by such and like means, powers, and authorities as any Court of Vice-Admiralty may do: Now know ye, that we, reposing especial trust and confidence in the approved learning, wisdom, and fidelity, of our trusty and well-beloved Thomas Gregory, Esq. and of our trusty and well beloved Edward FitzGerald, Esq. have named, made, constituted, and appointed, as we do by these presents name, make, constitute, and appoint, our said trusty and well-beloved Thomas Gregory, Esq. to be our Commissary Judge, and our said trusty and well-beloved Edward Fitz-Gerald, Esq. to be our Commissioner of Arbitration, under and pursuant to the said Treaty and Act of Parliament, to meet the Commissary Judge and Commissioner of Arbitration appointed or to be appointed by His Catholick Majesty, at our Possession or Settlement of Sierra Leone, on the Coast of Africa, there to be resident with them, and to form a Mixed Commission, according to the Stipulations of the said Treaty, for the adjudication of all such Causes as shall be submitted to the said Commission under the said Treaty, and according to the Regulations and Instructions thereto annexed: And we do hereby give and grant to our said Commissary Judge and Commissioner of Arbitration jointly, in all cases in which they shall or may, by the Regulations annexed to the said Treaty be required or directed to act together, and severally, in all cases in which either of them shall or may by the said Regulations be required or directed to act separately from the other, full power and authority to examine and decide all such cases of Detention, Captures and Seizures of Vessels and their Cargoes, detained, seized, taken, or captured under the said Treaty, or Instructions, and Regulations, as are by the said Treaty, Instructions, and Regulations, and by the said Act of Parliament, made subject to the jurisdiction of the Commissary Judges and Commissioners of Arbitration respectively, to be by Us appointed, and to proceed in all such cases, and give such judgments, and make such orders therein, and do all such other acts, matters, and things appertaining thereto, agreeably to the provisions of the said Treaty, and the Instructions and Regulations annexed thereto, as fully and effectually, to all intents and purposes, as if special powers and authorities for all and every such purposes were speci |