ST. HELENA 275 



between Great Britain and Brazil. He stated that a strong naval 

 force was constantly employed on the coast of Africa for the purpose 

 of searching and detaining vessels engaged in the slave trade : that 

 the Wasp was one of Her Majesty's squadron employed in that ser- 

 vice ; and whilst cruising off Ambrizette in the performance of that 

 important duty discovered on April 5 last a suspicious-looking 

 vessel which afterwards proved to be the Brazilian schooner Gaio. 

 She was completely equipped for the slave trade, brought here for 

 adjudication and condemned in the Vice-Admiralty Court. 



Such were the facts of the case, and he, the Queen's advocate, 

 found it difficult to conceive what justification could be offered for 

 this wanton attack on the boats of H.M.S. Wasp, approaching as 

 they were with colours flying, the officers in uniform, and the Wasp 

 in sight during the whole day, with the British ensign and pennant 

 hoisted. 



The prisoners at the bar were found on board the Gaio, and no 

 doubt were partakers in the transaction more or less. It might 

 not appear in evidence which, or whether any of the prisoners 

 actually discharged the gun which inflicted the injury, but it would 

 be proved that they were all present aiding and abetting and were 

 therefore properly charged as principals in the indictment. 



The evidence would admit of no reasonable doubt of their active 

 participation in the attack on the boats. The commander of H.M.S. 

 Wasp was fully authorized in sending his boats to ascertain the 

 character of the vessel, whether she was a Brazilian slaver or not. 

 The attack on the boats was therefore a resistance to lawful authority, 

 and it is expressly laid down " That a lawful force cannot be lawfully 

 resisted." The attack on the boats was wanton and unprovoked. 

 There was no aggression on the part of the British. The attempt 

 to escape from the boat was of itself a suspicious circumstance, 

 amounting nearly to a proof that the schooner was no legal trader. 



And she followed up her refusal to obey the usual signal of firing 

 two or three muskets to induce her to heave to by piratically firing 

 upon the boats with both large shot and musketry, and kept up 

 the fire with only one interval, whilst the boats got near enough to 

 enable them to renew it with more deadly effect, and never ceased 

 until the schooner was carried by boarding : nor even then until 

 two of the crew had forfeited their lives by their rash and obstinate 

 resistance. She was then found to be the very description of vessel 

 that the commander of the Wasp was authorized to detain : a 

 Brazilian slaver, fully equipped for the reception of slaves and con- 

 sequently engaged in the slave trade. After some further obser- 

 vations, the Queen's advocate left the matter in the hands of the 

 jury, trusting that in the fulfilment of their important and responsible 

 duties, though their feelings of compassion might dispose them to 

 a merciful consideration of the prisoners' case, they would not lose 

 sight of what was due to that gallant service devoted at the expense 

 of life and health to the arduous duty of suppressing the foulest 

 blot that ever disgraced humanity, denounced by assembled states- 

 men as the " desolation of Africa, the degradation of Europe and the 



