ST. HELENA 283 



Mr. Fowler for the claimant, Francisco Roderiques de Silva, 



opposed the motion for the condemnation, on the following grounds : 



ist. That there was no proof of the seizure or detention of the 



vessel by Capt. Birch or by any person on his behalf. 

 2nd. That the vessel was not at the time of the search and deten- 

 tion equipped for the slave trade, but was in the same state as 

 when restored by decree of the Vice-Admiralty Court and regu- 

 larly entered at the Custom House. 



3rd. That Capt. Birch had no especial authority for seizing 

 Brazilian vessels engaged in the slave trade excepting on the 

 high seas. 



4th. That the Emprehendedora was lying at anchor in the roads 

 at St. Helena within range of the batteries and therefore the 

 seizure was in violation of the convention. The judge was of 

 opinion, that whatever might have been the intention of the 

 original voyages of the Emprehendedora with regard to the 

 slave trade, that intention had been evidently abandoned upon 

 the release of the vessel from the seizure by H.M.S. Alert, 

 The vessel had been regularly entered at the Custom House 

 and permission had been applied for and obtained to land the 

 cargo and slave equipments, before the seizure by Capt. Birch, 

 which sufficiently proved that there was no intention to carry on 

 the African slave trade. His Honour therefore decreed that 

 the vessel be restored with costs. 



Thursday, I3th. The Brazilian brig Relampago, taken by H.M. 

 steam sloop Hecate, Commander Joseph West, with 545 slaves on 

 board, was condemned. This vessel arrived on the 24th inst. under 

 charge of Lieut. Hancock ; upwards of forty slaves died on the 

 passage, and about forty more since their arrival. The case was 

 unopposed and prosecution conducted by Mr. Baker, the Queen's 

 Proctor. 



September 2. Arrived Maria, schooner. J. C. Millett, Esq. 

 R.N., in charge : a prize to H.M.S. Kingfisher, captured on the isth 

 August, off Juan Bay. 



September 18. Unknown, prize to H.M. brig Waterwitch, with 

 540 negroes on board. This beautiful little sloop Waterwitch cap- 

 tured on Sunday i3th, after a spirited chase, a large brig fifteen 

 days from Ambriz, having a living cargo of 556 human beings. We 

 regret to add that a number had fallen victims since their departure 

 from the coast to the period of their capture. 



September 26th. Dios Ismaas, brig. H. B. Akaster, Esq., in 

 charge, a prize to H.M.S. Prometheus, captured on September 8th 

 off Ambriz. 



October 26th. The Isabel brig, detained by H.M.S. Hydra, off 

 Palma, 3Oth September, in charge of Lieut. Charleton, R.N. Brought 

 here to be adjudicated. 



Mareval A llvoisie, schooner. Detained by H.M.S. Brilliant on 8th 

 October, in charge of Lieut. Corkroff, and brought here to be adjudi- 

 cated. 

 2/th. Rolla, brigantine, detained by H.M.S. Styx on i/th Sep- 



