The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-10-26
MONTPELIER, VERM@NT, OCTOBER 96, 1899

he first saw the vessel at Havana, where he OBJ
tanned the command, and does not know where
she was built that he was present at the capture,
and the vessel was seized without any good rea-
son, but the reason assigned was an order from
| Donna Maria to seize all vessels with Portuguese
eoIorS; but the vessel sailed under those co!ors,
and she had no others on board thai the vessel
mas no other name than 'ConStatuciano' to his
inowledge; she is one hundred and forty tons bur-
then, and had a crew of thirty officers and ma
rines, exclusive of witness seven or eight of
them being Spaniards and the rest of them Por-
uguese, all hired and shipped at Havana in March
last by the former captain, deceased; that neither
he nor any of the officers marines had any in
terest IN the vessel or cargo; that he was Master
on board that there was one passenger named
Juan Bataa, seaman by profession, but witness
does not know of what nation, who embarked at
Havana to go to St. Thomas witness does not
know on what business; that Batalla left the yes
sci before her capture at Little Bassa on the coast,
where he took passage in another ship that he
had no concern or authority in or over the vesse
or cargo; that the last clearing port was Havana,
when the present voyage began, and was to end
at ST. Thomas; that he touched, during the voy-
age, at Little Bassa and at several places along the
coast, from thence to Cape Palmas, in order to pro-
cure rice and palm oil that he first saw the cap
urlng vessel of New SesoS on the 9TH of the
present month, and the capture took place there
and then; that he was steering towards Cape
PalmaS at the time, with the intention of touch
ing along the coast for provisions and in order 10
fall in with, if possible, some other vessel, from
which he might procure d mate to assist him in
his navigation, his second mate having died, and
himself and his first mate being sick at the time
that the course for ST. Thomas had been altered
for these reasons only; that the owner of the bark
was named Almedia Harbor Master as he has
heard at St. Thomas, and, as he supposes, Por-
tuguese by birth; that he knows nothing fur
Their of him, ond was told that he was owner bv
the late captain; that he knows nothing about any
Bill OF Sale; that the late captain put the cargo
on board at Havana; that he knows nothing OF
the vessels ading on the last voyage; that the
present cargo consists of rum, tobacco, gunpowder,
muskets, iron bars and dry goods that after cap
ture the vessel was brought 10 Sierra Leone"
Publication of the above evidence was granted
on the 18th of October, 1888; and the Captains
Proctor then reopened the case on the 22nd ultimo,
by putting some special interrogatories, with
view 10 obtain further information respecting the
voyage. On these additional proceedings being
the 10Th instant was named for day OF
trial.
The Court was fully convinced that Messieurs.
Rorosa Marine and Company of Havana the
owners of the ConStituciaao;" that Don Juan
BataIla was the actual Master; and that the OBJ
Jet of the voyage to the coast to obtain car
90 of slaves, whose immediate cmbarka,on was
only prevented by the capture ofhe vessel destined
and prepared for their reception.
On these grounds sentence was pronounced
by the Court condemnng the schooner Consti-
luciano" as a good and lawful prize to the crowns
Of Great Britain and Spain.
We have, &c.