nicate the same to the Board of Protection of Slaves and Liberated Negroes for that Province. SA DA BANDEIRA. Similar instructions were issued to the Governors-General of the Provinces of Cape Verde, and of Mozambique, and to the Governor of the Province of San Thomé e Principe. No. 420.-Mr. Howard to the Earl of Clarendon.-(Rec. Jan. 14.) A DESPATCH has been received from the Governor of the Province of San Thomé e Principe, pointing out, in the report of registered slaves transmitted by the same mail, the circumstance that certain Gaboons (inhabitants of the neighbouring coast of the continent of Africa), being under age, were included in the register, because there was a possibility that they might have been legally introduced, and desiring to be furnished with instructions how he should proceed with respect to such Gaboons, if it should be evident that, by reason of their age, they must have been introduced subsequent to the Decree of the 10th December, 1836, which prohibited the introduc tion of slaves by sea into any of the dominions of the Portuguese Crown. The Portaria of which I have the honour to inclose a translation, bearing date the 29th of last month, and published in the official journal of the same date, conveys His Most Faithful Majesty's commands that the Minister for the Colonies should acquaint the Governor of San Thomé e Principe that all persons borne on the register, without a certainty of their being slaves, were improperly so entered, for that the presumption was in favour of liberty, and the condition of slavery requires to be established by proof, according to the express provision of the Decree of the 14th December, 1854,† (Article XXVIII, § 1), and, consequently, it became the duty of the public authorities to claim the liberty of any persons who might be improperly deprived of it. I have, &c. The Earl of Clarendon. (Translation.) HENRY F. HOWARD. (Inclosure.)-Portaria. Palace, December 29, 1856. His Majesty the King was made acquainted with the confidential despatch of the 11th September last, in which the Governor of the Province of San Thomé e Principe, referring to the lists of registered slaves which he transmitted by the same mail, in accordance with Article III of the Decree of the 14th December, 1854, says, that on the said lists are entered some Gaboons (inhabitants of the neigh * Vol. XXIV. Page 782. + Vol. XLV. Page 1073. bouring coast of the continent of Africa) under age, but which are registered because they might have been introduced in a lawful manner, and requests to know whether he ought to take proceedings in furtherance of the liberation of these minors, should it be ascertained that, from their age, they must have been introduced into the islands subsequent to the Decree of the 10th December, 1836, which prohibited the importation of slaves by sea throughout the Portuguese dominions, with the exception contained in Article II. And His Majesty commands it to be declared to the said Governor, through the Marine and Colonial Department, that all individuals who were not with certainty known to be slaves, were unduly registered as such, inasmuch as their liberty was to be presumed, and their state of slavery ought to be proved, as required by the Decree of the 14th December, 1854 (Article XXVIII, § 1), and it is therefore the duty of the public authorities to re-establish the liberty of individuals in any way unduly deprived of it. And as from the list transmitted, in which only the names, sex, and ages of the registered slaves are stated, nothing is known respecting their place of birth, it will be necessary that the Governor should seek to obtain legal proofs to show the true condition of any individual who may come under consideration. SA DA BANDEIRA. No. 424.-The Earl of Clarendon to Mr. Howard. SIR, Foreign Office, January 24, 1857. I HAVE received your despatch of the 6th instant, inclosing a copy of a Portaria issued by the Portuguese Government on the 29th December last, conveying instructions to the Governor of the Province of San Thomé e Principe with regard to some Africans called Gaboons, inhabitants of the neighbouring coast of the continent of Africa, who have been included in the list of registered slaves furnished by the Portuguese Governor in accordance with Article III of the Decree of the 14th December, 1854; and I have to acquaint you that Her Majesty's Government learn with satisfaction the view taken by the Portuguese Government with regard to the registration of slaves as set forth in the Portaria above referred to. I am, &c. H. F. Howard, Esq. CLARENDON. No. 427.-Mr. Howard to the Earl of Clarendon.-(Rec. Feb. 4.) MY LORD, Lisbon, January 26, 1857. On receipt of your Lordship's despatch of the 16th instant, which reaclied me on the 22nd, I addressed to the Marquis de Loulé the note of which I have the honour to transmit a copy, with reference to the observations made by Senhor Luis José Mendez Affonso, the Portuguese Judge at Benguella, on the expediency of certain alterations in the law affecting the prosecution and trial of offenders engaged in slave-trading transactions. Your Lordship will perceive that I have recommended to the favourable consideration of the Portuguese Government the adoption of the suggestions of Senhor Affonso, as reported in the despatches of Her Majesty's Commissioners at Loanda of the 16th October and 13th November of last year. The Earl of Clarendon. SIR, I have, &c. HENRY F. HOWARD. (Inclosure.)-Mr. Howard to the Marquis de Loulé. Lisbon, January 23, 1857. HER Britannic Majesty's Commissioners at Loanda have reported to Her Majesty's Government the steps which Senhor Luis José Mendez Affonso, late Juiz de Direito at Benguella, had considered himself justified in taking with respect to the proceedings instituted in the case of the parties implicated in a shipment of slaves effected on the 31st December, 1855, at a place called Lucira, between Benguella and Mossamedes, as well as the observations which that magistrate made as to the expediency of various changes in the law as it now stands, the enforcement of which would, in his opinion, go far to put a stop to the trade altogether. I have accordingly been instructed by Her Majesty's Principal Secretary of State for Foreign Affairs to draw the attention of His Most Faithful Majesty's Government to the suggestions of Senhor Affonso, which are to the following effect: In the first place, the permission (all due regard being had to the constitutional guarantee on this head) to open sealed letters seized on board suspected vessels. A second suggestion is, that the judicial authority be empowered to embargo the goods consigned to the parties "pronunciados," and to proceed against all parties implicated in any Slave Trade transaction, even though absent, in the same way as if they were present, and further that, whenever a shipment of slaves shall be known to have taken place at any particular spot, all persons residing at that immediate locality shall be considered primâ facie as accomplices, unless they give information of such shipment being intended; and, moreover, that whenever any slaves are seized as being destined for embarkation the expense of supporting those slaves, pending the trial, shall fall on their owners, whether they may have been themselves arrested, or shall have absconded. Another amendment proposed has annexed to the crime of dealing in slaves. to the highest grade of punishment short reference to the penalty This should be increased of capital, while it is yet more desirable that power should be given, such as is conceded in the higher grade of punishment, of arresting persons before the commencement of legal proceedings against them, that is to say, without "culpa formada," where strong and sufficient grounds of suspicion exist, and where there is danger of parties known to be implicated escaping before that necessary preliminary could be effected. Some of these amendments seem to Her Majesty's Government to be very useful, and well calculated to effect the objects pointed out by Senhor Affonso, and they have accordingly directed me to recommend their adoption to the favourable consideration of the Portuguese Government. In compliance with these instructions, therefore, I have now the honour to lay them before your Excellency, and I take, &c. The Marquis de Loulé. HENRY F. HOWARD. No. 435.-Mr. Howard to the Earl of Clarendon.-(Rec. March 3.) I HAVE the satisfaction of transmitting herewith a translation of a Portaria issued by the Viscount de Sá da Bandeira on the 17th instant, and published in the "Diario do Governo" of the 21st, stating that, it being proper that the transport of slaves from one point in the Province of Angola to another in the same province, should be regulated in conformity with the stipulations of the Treaty of the 3rd of July, 1842, between Great Britain and Portugal, for the suppression of the Slave Trade, His Majesty the King directs that the Governor-General of the Province of Angola shall not give passports to slaves to go by sea from one point of the said province to another point in the same province, except in entire conformity with the letter of Article V of the above-mentioned Treaty, which His Majesty desires should be literally carried into execution in all the transmarine provinces. Identic instructions have been transmitted to the GovernorGeneral of Mozambique, and to the Governor of the Islands of St. Thomas and Prince. The Earl of Clarendon. (Translation.) I have, &c. HENRY F. HOWARD. (Inclosure.)-Portaria. Palace, February 17, 1857. WHEREAS it is requisite to regulate the conveyance of slaves by sea from one part of the Province of Angola to another part of the same province, in such manner that this conveyance may be effected in conformity with the stipulations of the Treaty of the 3rd of July, 1842, entered into with Great Britain for the suppression of the traffic in slaves, which Treaty His Majesty desires shall be carried out to its fullest extent in the Portuguese dominions, a measure which will greatly benefit legal commerce by diminishing the motives for a greater strictness and severity in the exercise of maritime law; His Majesty the King commands that the Governor-General of the Province of Angola shall not furnish slaves with passports for going by sea from one part of the province to another part of the same province, otherwise than in strict conformity with the letter of Article V of the above-mentioned Treaty, which it is His Majesty's will shall be literally carried out in all the transmarine provinces. This is therefore communicated through the Marine and Colonial Department to the said Governor-General of the Province of Angola, in order that he may carry it out, and cause it to be carried out, by his subordinate authorities. SA DA BANDEIRA. Similar instructions were issued to the Governor-General of Mozambique, and to the Governor of the Islands of St. Thomas and Prince. No. 436.-The Earl of Clarendon to Mr. Howard. SIR, Foreign Office, March 4, 1857. I HAVE received your despatch of the 12th ultimo, inclosing a copy of a Portaria addressed by the Viscount de Sá da Bandeira to the Governors-General of Mozambique and Angola, stating that the Portuguese Government have approved the conduct of the Portuguese authorities in Africa in rendering assistance to Dr. Livingstone, and I have to state to you that Her Majesty's Government learn, with much satisfaction, that the authorities in the Portuguese dominions in Africa have been directed to afford similar assistance to any other scientific travellers in that part of the world. H. F. Howard, Esq. I am, &c. CLARENDON. No. 443.-Mr. Howard to the Earl of Clarendon.-(Rec. March 15.) MY LORD, Lisbon, March 8, 1857. I HAVE the honour of transmitting herewith a copy of a despatch of the 24th ultimo, which I received this day from Mr. Miller, Her Majesty's Consul at St. Vincent's, together with a translation of the copy inclosed to me by him, of a letter addressed on the same day by the Governor-General of the Cape de Verd Islands to the Minister of Marine and Colonies at Lisbon, stating the circumstances under which he had procured the liberty of the few slaves left by the cholera at St. Vincent's, and pressing a request previously made to that Minister to declare as speedily as possible the abolition of slavery in the said island. I saw the Viscount de Sá da Bandeira shortly afterwards, and he informed me that he had already given directions for a decree to be |