5028. Are you aware that there are several cases of condemnation that have been the subject of remonstrance with the British Government by the United States?—I believe the whole of them are.
5029. Chairman.] You have not heard that they complain of vessels being brought in for condemnation to Sierra Leone which you did not allow to be libelled in court?—No, except as regards the general right which was exercised. There has been no complaint with respect to a particular vessel, so far as I know; but complaints have been made of the right which was exercised by cruizers on the coast to board any American vessel and search it.
5030. Mr. Aldam.] Has the practice of the court been changed since your time?—Yes, it was changed the day that I left; there was an American vessel waiting at Sierra Leone for adjudication the day I left, and the officer suspecting, that if presented to me, I should refuse her in the same way as I had done the others, detained her till I left, and she was condemned by my successor under orders from Lord Palmerston.
5031. Then the orders from Lord Palmerston changed the practice of the court?—Yes.
5032. Do you know the nature of those orders?—The orders appear in the printed correspondence.
5033. Mr. W. Patten.] Can you state briefly the nature of the orders?—His Lordship stated that the Queen’s advocate was of opinion that the court was justified in making use of information obtained by the search of vessels under the American flag. The court had decided, that having no right to search vessels sailing as American, and recognised as American by American authorities, they could not make use of any information which they obtained by unauthorised and illegal acts, and Lord Palmerston considered that they had a right.
5034. Chairman.] You held that the papers protected the vessel?—I did.
5035. Mr. Forster.] Then it is those condemnations which are appealed against at present by the American government?—I have not seen any appeal of the American government except against the general right exercised by the British cruizers.
5036. The complaint is, of seizing vessels as connected with the slave trade, which, from their papers, ought not to have been subject to that suspicion?—I am not aware of any appeal in any case of that kind.
5037. Mr. Aldam.] Have any vessels with strictly American papers been condemned?—You can hardly call them strictly American papers where the papers have been applied for, and given through fraud. The American authorities at the Havannah who gave them, knew very well that the vessel had no more claim to be styled an American vessel than a Dutch vessel.