36 CAPE OF GOOD HOPE.

No. 47 .

Her Majesty's Commissioners to the Earl of Clarendon .-- (Received

January 17, 1857.)
Mixed Commission Chambers, Cape Town,
My Lord , November 18 , 1856 .
WITH great regret we have the honour to inform your Lordship of
the death of our Portuguese colleague, Senhor the Conselheiro Luis
Carlos Rebello , His Most Faithful Majesty's Commissioner in this Mixed
Commission. This event occurred on the 10th instant, after a protracted
illness.
We beg also to acquaint your Lordship that on the death of Senhor
Rebello, the Chevalier Duprat, Her Most Faithful Majesty's Arbitrator,
has assumed the office of Commissioner.
We have, &c.
( Signed ) GEO . FRERE .
FREDERIC R. SURTEES.

No. 48.

The Earl of Clarendon to Her Majesty's Commissioners.

Gentlemen , Foreign Office, January 31 , 1857 .
I HAVE referred to the Lords Commissioners of Her Majesty's
Treasury, Mr. Frere's letter of the 29th of July last, referring to your
despatch of the 24th of June, 1851, and requesting instructions as to
the disposal of the sum of 501. which was forfeited by Mr. Berg on his
failing to produce one Tavarez, who had been a passenger on board the
“ Eolo,” and which sum , it appears , was claimed by the Portuguese
Commissioner, on the ground that as Tavarez was detained for the
purpose of being handed over to the Portuguese authorities, the bail, when
forfeited, belonged of right to the Queen of Portugal.
I have to acquaint you that the Lords of the Treasury have referred
to Article III of Annex B of the Treaty between Great Britain and
Portugal of the 3rd July , 1842, which provides, that the Mixed Commis
sions shall judge definitively, and without appeal, all questions arising out
of the capture of vessels seized for being engaged in the Slave Trade;
and their Lordshipshave stated that, as the Mixed Commission Court at
the Cape which tried the case of the “ Eolo," directed the 301. in question
to be estreated, they are of opinion that that sum should be divided
between the British and Portuguese Governments in equal moieties of 251.
each. And in conformity with that opinion, I have to state you that the
Court should direct the Registrar to pay those moieties to each of the two
Governments.
I am, &c.
(Signed) CLARENDON .

No. 49.

The Earl of Clarendon to Her Majesty's Commissioners.

Gentlemen , Foreign Office, February 23, 1857.
WITH reference to your despatch of the 18th of November
last, I have to acquaint you that I have received a despatch from
Mr. Howard, Her Majesty's Minister at Lisbon, in which he reports that
the Portuguese Minister for Foreign Affairs had informed him that the
Government of His Most Faithful Majesty had decided upon appointing
the Chevalier Duprat to be Commissioner in the Mixed British and