Page images
PDF
EPUB

on the 4th ultimo, acquainting him with the wish of Her Majesty's Government to be enabled, with the consent of this Government, to send to Trinidad or Demerara any Negroes who may be captured on board Texian vessels on the coast of Brazil, under the Treaty between Great Britain and Texas for the suppression of the African Slave Trade.

In reply, the Undersigned has the pleasure to state to Mr. Elliot that no objection exists on the part of this Government to the proposed arrangement; but, on the contrary, it is believed, the proposed modification to the XVIth Article of said Treaty will be advantageous to all parties who may hereafter become affected by the stipulations therein contained. In accordance, therefore, with the request of Mr. Elliot, the Undersigned will, on the part of this Government, sign the declaration forwarded by Lord Aberdeen, and accompanying Mr. Elliot's note. The Undersigned, &c. Captain Elliot, R.N. ANSON JONES.

(Inclosure 2.)-Declaration supplemental to Slave Trade Treaty. Washington, February 16, 1844. WHEREAS, by the XVIth Article of the Treaty concluded at London on the 16th November, 1840,* between Her Majesty and the Republic of Texas, for the suppression of the African Slave Trade, it is stipulated that slaves found on board Texian vessels detained on the coast of Brazil, shall be carried or sent at once by the commander of the capturing cruizer to one of the British settlements on the coast of Africa; and whereas it has been considered expedient by the Government of Her Britannic Majesty that British cruizers should be enabled to carry or send to Trinidad or Demerara slaves so captured, instead of carrying or sending them back to the coast of Africa as aforesaid; and whereas there exists on the part of the Republic of Texas no objection to slaves so captured being so disposed of:

We, the Undersigned, Her Britannic Majesty's Chargé d'Affaires in Texas, and the Secretary of State of the Republic of Texas, being duly authorized by our respective Governments, hereby agree and declare that, notwithstanding the above-cited stipulation of the XVIth Article of the Treaty above mentioned, the commanders of British cruizers, duly authorized under that Treaty, may carry or send to Trinidad or Demerara slaves found on board Texian vessels captured on the coast of Brazil.

In witness whereof we have signed this declaration, and have hereunto affixed the seals of our arms.

Done at Washington, the 16th day of February, 1844.

(L.S.) CHARLES ELLIOT

(L.S.) ANSON JONES.

* Vol. XXIX. Page 85.

[graphic]

CONSULAR.

No. 406.-Mr. Kennedy to the Earl of Aberdeen.-(Rec. June 15.)
MY LORD,
Galveston, May 4, 1844.

In a despatch, dated the 22nd of March, I had the honour to acknowledge the receipt of the circular of the 31st December, of last year's series, and to assure your Lordship that my most earnest endeavours would be devoted to carrying out each particular of the instructions therein conveyed. I have now to inform your Lordship that, in conformity with this assurance, I caused a copy of the Act 6 and 7 Vict. cap. 98, to be affixed in a conspicuous part of my office, and omitted no occasion which personal intercourse afforded to make its purport known to the British subjects within this Consulate.

Having, after due deliberation, arrived at the conclusion that no inconvenience could result to the public service from the proceeding, I transmitted to the Galveston newspapers an official notification of the character and object of the Act 6 and 7 Vict. cap. 98, and of the fact of its being open to the inspection of British residents at the office of the Consulate.

I have the honour to inclose a copy of a Galveston newspaper containing the official notification; and also a copy of the notification merely, extracted from the same journal, which is one of the organs of the Government.

I beg to observe, that the number of slaves actually within the limits of the Galveston Consulate, and owned by British subjects, is not considerable; that the cotton and sugar plantations are all upon the main land; and that administrative equity will not have attained its object unless speedy steps be taken for making parties contemplated by the "Act for the more effectual Suppression of the Slave Trade," and who hold slaves upon the main land, aware of the existence of that Act, and acquainted with the general effect and tendency of its provisions. I have, &c.

The Earl of Aberdeen, K.T.

WILLIAM KENNEDY.

(Inclosure.)-Notice (Inclosure. Notice in the "Civilian and Galveston Gazette." Galveston, Republic of Texas.

In accordance with instructions received from the Earl of Aberdeen, Her Majesty's Principal Secretary of State for Foreign Affairs, and in order that the law may be known by all to whom this notice is addressed:

I, the Undersigned Consul, do hereby notify all British subjects whomsoever, resident within the Consulate of Galveston,

That a copy of an Act passed at the last session of Parliament, entitled "An Act for the more effectual suppression of the Slave Trade" (6 and 7 Vict. cap. 98), in which it is declared that all the several matters and things prohibited in the Act 5 Geo. IV, cap. 113, [1844-45.] 2 Q

[graphic]

entitled "An Act to amend and consolidate the Laws relating to the abolition of the Slave Trade," are forbidden to be done by British subjects, wheresoever residing or being, whether in any countries or settlements not belonging to the British Crown, or within the British dominions, colonies or settlements, is affixed for inspection in the office of said Consul, and may be inspected accordingly, from the hour of 12 to 3 P.M, daily (Sundays excepted).

Given under my hand, at Galveston, this 1st day of May, in the year of our Lord, 1844.

WILLIAM KENNEDY.

No. 407.-Mr. Kennedy to the Earl of Aberdeen.-(Rec. July 29.) MY LORD, Galveston, June 14, 1844.

AMONG the recently published Acts of the 8th Congress of the Republic of Texas, is one having reference to the apprehension of runaway slaves. As my official duty may be reasonably supposed to include an early report of local legislation in relation to matters interesting to Her Majesty's Government, or bearing upon our national welfare, I have the honour to transmit a copy of the main sections of this Act, together with a copy of an Act to which it is Supplementary, and of 2 sections of other Acts declaratory of the punishment to be inflicted on whites, and free persons of colour, convicted of stealing or enticing away slaves, or aiding and assisting in the flight of fugitive slaves. I have, &c. The Earl of Aberdeen, K.T.

WILLIAM KENNEDY.

(Inclosure.)-Laws of the Republic of Texas, in relation to Runaway

Slaves.

ACT OF CONGRESS.-(Passed February 5, 1841.)

SECT. 1. Where any slave is now in the gaol of any county of this Republic, or shall hereafter be committed to the gaol thereof, as a runaway, a notice of the apprehension and commitment, with a full description of said slave, shall be published weekly in one of the gazettes at the seat of Government, for the space of one month, and printed copies thereof shall be furnished to the clerk of the County Court of the county in which the commitment is made, to be carefully filed and preserved in his office; and it shall be the duty of the sheriff or gaoler, having custody of such slave, to ascertain as nearly as may be the name of the owner thereof, and to address him or her by regular post, at least twice, giving a full description of said runaway slave, in such manner as may best lead to the discovery and

restoration.

2. If said slave, being a runaway, shall not be claimed and proved by the owner thereof within 6 months from the first publication of his

commitment, the sheriff of the county in which the commitment was made, shall expose said slave to sale at the Court House of his county, upon giving at least 30 days' notice of such sale, by advertisement posted up in, at least, 2 public places in said county, and published in some gazette of the county in which the sale is to take place, or in the next nearest county having a gazette; and, out of the proceeds arising from the sale of any runaway slave, as aforesaid, the sheriff shall be entitled to the same commission and fees as are allowed in cases of execution, and the balance, after paying all prison fees, or fees for the maintenance of said runaway while in custody, clerk's fees, and expenses of apprehending and advertising, shall be paid into the county treasury for the use of the proper county: provided that if the owner of any runaway slave thus sold shall prove his property within 3 years affter said sale, the proper county shall pay to him the amount that shall have been paid into the county treasury on account of the sale of said slave: but the right to any slave sold as aforesaid, shall be and remain vested in the purchaser under the sale made by the sheriff as aforesaid, any law to the contrary notwithstanding.

3. The sheriff making the sale of any runaway slave as aforesaid, shall return a full and clear account and statement of such sale, under his hand and seal, to the Clerk of the County Court, who shall record the same among his record of deeds.

4. All runaway slaves shall be lawfully apprehended by any person and carried before the next justice of the peace, who shall either commit them to the county gaol, or to the custody of the sheriff, or send them to the owner, if known, who shall pay for every slave so taken up the sum of 10 dollars to the person apprehending him or her, and all reasonable costs and damages; and if said owner shall fail or refuse to pay said reward and reasonable expenses, the person apprehending and delivering said runaway slave as aforesaid shall be entitled to have his action for the recovery of the same, before any justice of the peace of the district or precinct in which said owner resides, or in which said slave is delivered up to the owner.

5. If any person or persons be convicted of harbouring or concealing any Negro or Negroes belonging to any person or persons whomsoever, or suffering the same to be harboured or concealed with his consent or knowledge, the said person or persons shall, for each offence, be fined in a sum not exceeding 500 dollars, and shall be imprisoned not less than 1 calendar month, nor exceeding 6 calendar months, and shall be liable in damages to the party owning the slave or slaves, to be recovered by action on the case before any court having competent jurisdiction.

[graphic]
« PreviousContinue »