288 ST. HELENA 



clearly proved by the equipment of the vessel, before detailed ; 

 added to her having had a large quantity of arms and ammunition, 

 and a greater number of men on board than was necessary to navigate 

 a vessel of her size. He, however, remarked that had it been the 

 first case of a slaver brought before him for adjudication he should 

 have felt great difficulty in deciding that a vessel taken on the south- 

 east coast of America, within a few miles of her port of registry, and 

 ostensibly bound as appeared by her papers, as was the case of the 

 Bella Maria, to Macahe, (a port about 1 50 miles to the northward 

 of Rio de Janeiro) was, even though fully equipped in the manner 

 described, engaged in the African slave trade, but that after his 

 experience of several years as judge, during which time a number 

 of Brazilian vessels had been condemned in this Court, fitted out in 

 the same manner, and as appeared by an affidavit filed in this cause, 

 fourteen since the ist of January this year, four of them with slaves 

 on board, and taken on the coast of Africa, though by their papers 

 they appeared to have cleared out from Rio de Janeiro for the very 

 port in question the port of Macahe he thought very little faith 

 could be placed on such papers ; and therefore, since he knew of no 

 other slave trade than that of African, (at least in this part of the 

 world), he was convinced that the Bella Maria was intended for the 

 transport of negroes from that coast, and having actually sailed on 

 her destined voyage was when seized engaged in that trade. As to 

 the question of the jurisdiction of the Court, the vessel having been 

 seized within so short a distance of her own territory, His Honour 

 regretted that no precise calculation should have been made of the 

 exact position of the vessel at the time of seizure. In the affidavit 

 of Mr. Winnicott, supported by that of a seaman of the Kestrel, it 

 was laid down as between 4 and 5 miles, whilst in that of the Master 

 of the Bella Maria, it was stated to have been made within 2 miles 

 of the island of Raza, lying off the mouth of the Rio harbour. By 

 reference to the extract from the log of the Kestrel, aided by data 

 taken from Mr. Winnicott's affidavit, His Honour remarked he was 

 of opinion the distance was slightly within 3 miles of Raza ; but as 

 the balance of evidence was in favour of its having been 4 or 5 miles, 

 he considered himself bound to decide that the Bella Maria was 

 captured on the high seas. His Honour stated his opinion, however, 

 that it was a point with which this Court had nothing to do, as the 

 Act of Parliament authorized Vice- Admiralty Courts to adjudicate 

 upon vessels which had been seized. Had any violation of territory 

 been committed it would have been matter for settlement between 

 the two Governments. The technical objections were overruled, as 

 in no way fatal to the validity of either Lieut. Baker's authority to 

 seize Brazilian vessels, or of any of the proceedings which took 

 place in the cause. His Honour accordingly pronounced for the 

 condemnation and demolition of the vessel. 



Notice of appeal was immediately entered by the claimants' 

 Proctor ; but in consequence of his inability to give the necessary 

 bail to secure the costs of such appeal, the vessel will be broken up 

 and sold, as decreed. 



