Chapter VIII: Part 8

5544. You think vessels could always be taken up to meet the arrival of emancipated negroes?--The chartering of vessels would, I think, offer no difficulty at Sierra Leone. There are, I believe, now, but there certainly would be, in case such a plan was adopted, agents from the different colonies which are anxious to obtain negroes, who would be always ready to secure vessels for their transport across the Atlantic.

5545. Would not this be of advantage in opening a communication from the West India islands with the coast of Africa, and encouraging the intercourse between the two countries, and the free interchange of products, to the advancement of the civilization of Sierra Leone, and through it, of Africa?--In almost all cases where vessels have gone across to the West Indies with recruits from Sierra Leone, the vessels have gone on from the West Indies to England, taking a cargo from the West Indies to England.

5546. Then it would only have the effect of increasing the advantageous resort of vessels to Sierra Leone generally?--That would be one effect.

5547. Would it not have an effect on Sierra Leone, by giving an advantageous freight to vessels frequenting it?--Yes, it would have that effect.

5548. If it were considered desirable, would there be any difficulty in giving to the negroes, after emancipation at Sierra Leone, the option of remaining in the country or of going over to the West Indies?--I think it would be undesirable to introduce a new practice where no option is now given, and where the persons are not qualified immediately after emancipation, to form any opinion whatever.

5549. Mr. _Forster_.] Do you think that it would be good policy to give retired allowances to all public officers who have served a certain number of years on the coast of Africa?--I think it would.

5550. The officers of the Mixed Commission Court, I believe, are the only officers who enjoy that advantage?--I think the colonial chaplain does, but by favour, not by right; there are no officers who serve under colonial governments who are entitled to pensions; it is a rule of the service, which is stated positively in their printed regulations.

5551. But considering the danger to health in that climate, you are of opinion that it would be for the benefit of the service, and also consistent with justice, that some allowance, in the shape of pension or otherwise, should be made to officers serving there?--I think so. There is one other point that I would beg to refer to, and that is rather personal. It was stated by a witness in evidence on the 24th of May, that there was a party in the colony of Sierra Leone who had great influence in the Colonial Office; that this party was an individual; that the suspicion of the witness, Colonel Findlay, did not apply to more than one individual, and that that individual was myself; and that he found, during the time that he was governor of the colony, that the contents of despatches sent from the Colonial-office to Sierra Leone were known in the colony by that party before they came to his hands, and that he was consequently, and owing to that, impeded in carrying on his government. Now I would only mention, with regard to this statement, that I never received one single line all the time I was in the colony, which was 11 years, from any person connected with the Colonial-office, either directly or indirectly, on any subject whatever; and that I never wrote one line to any person in the Colonial-office during that period, except one letter of introduction, which I gave to an officer of the 31st regiment, who wanted to travel in Africa; I gave to this gentleman a sort of certificate that he was a man of mild and conciliatory manners; that was the only letter that I wrote to the Colonial-office, and I never received one line upon any subject from any party in the Colonial-office, not even in reply to the letter of introduction just referred to.

5552. Mr. _Forster_.] You had no correspondence with the Colonial-office during your residence in Africa, directly or indirectly?--None whatever, or with any person connected with the Colonial-office.

5553. Mr. _W. Patten_.] Colonel Finlay, in his evidence, referred to a party existing in the colony; are you aware of two distinct parties existing in the colony?--I am aware of one party that existed in the colony during the time that he was there, and that is a long time ago, a party that opposed his government, because they thought he was a bad Governor. I was one of that party certainly, while I was a merchant. As soon as I became a government officer I abstained from any public demonstration of feeling or opinion, but as a merchant, and before I entered upon my public duties in the Mixed Commission Court, I certainly took the means that every man is allowed to take to show that I did not approve of his proceedings.

5554. But was that party a political party, or was the party connected solely with the circumstances of the colony itself?--It was merely with relation to the colony; they did not care at all about Whigs and Tories out there; they had their colonial politics to attend to.

5555. Mr. _G. Wood_.] Did the discontent originate in political or commercial views?--It originated in consequence of measures which were considered oppressive upon individuals; it was upon local matters altogether.

5556. Mr. _Forster_.] Do you consider that it originated in commercial questions?--Certainly not.

5557. Were you a government officer at the time that the transaction took place which led to Colonel Finlay’s recal?--I think I was; I think the imprisonment of Mr. M‘Cormack occurred in 1832; I entered upon my office in 1832; I think it was after I became a government officer. After I became a judge I took no public part in opposition to any government, however bad it might have been.

5558. You took no part in that transaction which led to Colonel Finlay’s recal?--I took no public part; I may have given advice to my friends.

5559. Did not a trial arise out of those transactions, in which you were a witness?--No; no trial at all occurred, and therefore I could not have been a witness in any.

5560. _Chairman._] Have you read the remarks of Colonel Doherty on the Report of Dr. Madden?--I have.

5560*. Do you concur in the views which he has taken of the points alluded to?--In almost every particular.

5561. Is there any material point upon which you differ from him?--I think only two: one, with respect to the Kroomen, whose residence in the colony Colonel Doherty thought was injurious, and interfered with the resident liberated Africans; I do not agree with him in that respect; I think that they should not be interdicted at all from coming to Sierra Leone, nor should their numbers be limited.

5562. You believe them to be advantageous to the colony?--Yes.

5563. And, by their example, to the liberated Africans themselves?--Yes, I think even to them, as setting an example of industry, which they would do well to imitate.

5564. Do you concur in opinion with Colonel Doherty as to the character of the Kroomen; he speaks of the Kroomen as men never to be trusted, never converted to Christianity, and likely, wherever they may be, to exhibit a bad example in that particular; do you concur in that?--I agree in opinion with Colonel Doherty, that they would not be converted to Christianity. I do not think them dishonest when they are well treated. I never heard of an instance of any liberated African being converted to the Pagan opinions of the Kroomen; I believe such a thing was never heard of.

5565. You believe that they are more difficult of conversion than other Africans?--It is quite impossible, if I may say so of any body; there never was an instance known of a Krooman being converted.

5566. To what do you attribute that peculiarity?--To their constant return, as I mentioned yesterday, to their own country. They never think of settling any where but in their own country. There is no instance of a Krooman settling any where but in the Kroo country.

5567. Do they not settle at Fernando Po?--No; no more than they settle in Sierra Leone.

5568. Mr. _G. Wood_.] Do they all retire to their own country in their old age?--Yes. I have known a great many of them; indeed, I was very partial to them, and had a good many in my employ. Governor Doherty rather discouraged their employment, which I thought unwise, but that was one slight point on which I disagreed with him.

5569. _Chairman._] Have you never heard of their being converted at Cape Palmas by American missionaries?--No.

5570. Mr. _G. Wood_.] Are you aware of any persevering and continuous efforts having ever been employed?--No, I cannot say that I am; but they are thrown into our colony very much under the same circumstances that the liberated Africans are, who become Christians, almost universally.

5571. _Chairman._] The liberated Africans are more settled?--Yes.

5572. And are therefore more exposed to the influence of those around them?--Yes; but the Krooman also resides at Sierra Leone, and is never away more than once in three or four years, but the periodical return to his own country, and to his old habits, is I think a great cause why it is so difficult to christianise him.

5573. Mr. _Wortley_.] Is there any mode of accounting for those remarkable peculiarities in the Kroomen?--No; I think they are kept distinct by the habit of the country, never allowing the women to leave the country, and thus inducing the men constantly to return.

5574. Is there any distinction of race to be observed between them and other tribes?--Yes, a most striking difference.

5575. Is there any reason to suppose their origin to have been different from the origin of the rest of the inhabitants of Africa?--One would suppose so from their being totally different in colour and habits.

5576. Mr. _G. Wood_.] Has their language been analysed with a view to see whether that affords any indication of their being from a different stock?--No. An opinion seems to have been expressed by Governor Doherty against allowing Mahomedans to exercise their religion. I differ from him there also; but I think, with those two exceptions, as far as I recollect it, I agree with the remainder of the Report.

5577. Viscount _Courtenay_.] Bearing in mind the remarks which are made in that Report upon the subject of schools, do you concur with him generally in those remarks, or do you wish to add any thing?--I quite concur with him, particularly with regard to the pay of the teachers; I think the pay certainly is on too low a scale at present to secure the services of good teachers.

5578. What is your opinion as to the practice which seems to exist of separating the children of liberated Africans from the Creole children?--I think any separation of that kind is undesirable.

5579. Is it apparently justified by any difference of natural talent between them as a class?--No; but there is a very great difference between the colony-born children and those who have been introduced into the colony at a later age; those who have been born and bred in the colony are very superior.

5580. Is the result of this separation that liberated African children make much less progress in education generally than the other children?--Yes; I should think that is the effect.

5581. Are they taught English?--Yes, they all speak English.

5582. Mr. _G. Wood_.] Does it give birth to any permanent feelings of enmity between the two classes of children?--No.

5583. Mr. _W. Patten_.] I observe in one of the recent slave treaties, which sets out the duties incumbent upon the master to whom negroes are apprenticed, the first duty is, that the apprentice shall be maintained in proportion to the employment done, and shall be supplied with such clothes as are usual according to the custom of the colony; during your residence in Sierra Leone was that attended to by the authorities there?--I think that the whole system of apprenticeship there was bad; it was required by the indentures, but the indentures were very imperfectly fulfilled.

5584. There are six different classes to be attended to upon this point; first, with regard to food; secondly, with regard to instruction in the Christian religion; and according to that second article they must be baptized before the expiration of the second year of apprenticeship; was that at all looked to?--No, I do not think it was. In many cases you could not carry it out, because the person who was apprenticed came there not as a child, but grown up, and the clergyman would then take upon himself to decide whether he was a fit subject for baptism or not.

5585. But the authorities in the colony did not see in any way that that was done?--No.

5586. The next is, “that the apprentice should be vaccinated as soon as possible after being delivered into the charge of the master, and that in sickness he shall have proper medical advice and be treated with due care and attention, and that in case of death, he shall be decently buried at the master’s expense?”--There is no obligation of that kind with regard to negroes in Sierra Leone; this is a treaty that does not refer to Sierra Leone.

5587. This is in the treaty that was signed in 1839?--It did not come into operation at the time I was in Sierra Leone; there is a treaty somewhat similar; the last treaty with Spain, which requires that attention shall be paid to emancipated negroes.

5588. You stated that you thought the apprenticeship system was very bad?--Yes, I think the whole system of apprenticeship at Sierra Leone is bad, and ought to be done away with.

5589. Mr. _G. Wood_.] What system would you substitute for it?--I would not object to apprenticing children to artizans and to master tradesmen, but I certainly would not apprentice them to other persons.

5590. _Chairman._] Your system of disposing of the liberated Africans in the West Indies would, of course, get rid of the difficulty attending upon the future?--Yes.

5591. Mr. _G. Wood_.] But supposing that system not to take place, what system should you think preferable to the system of apprenticeship now prevalent in Sierra Leone?--There can be no system introduced that would not entail considerable expense upon the Government.

5592. _Chairman._] Would you throw the adults upon their own resources at an earlier period than at present?--No; I think the time (six months) for which the Government now support the adults is as short as it could possibly be, and I do not think they could shorten that by one day.

5593. Mr. _G. Wood_.] You stated that no other system could be substituted but what would be attended with considerable expense; do you think it would be worth while to incur that expense?--I do not think the present system should be continued, whatever the expense might be of substituting another system for it.

5594. What system would you recommend as a substitute for it?--The system that must be substituted for it, in case of the apprenticeship being done away with, would be keeping all the children, as they now do many of them, landed from slave vessels, in the schools till they are old enough to be thrown upon their own resources.

5595. _Chairman._] Making them, in fact, boarding-schools?--There is a boarding-school in many of the villages; in the villages the liberated African children are lodged and fed by the manager, but that is only the children who are not apprenticed.

5596. You would have all the children put into boarding-schools?--I see no other way at present of disposing of them, if they are not apprenticed.

5597. Mr. _G. Wood_.] Had the change of system that you alluded to reference to an altered system with regard to the adults?--No; I would not alter the system with regard to the adults, except, perhaps, by extending the period two months, during which they should be maintained by Government.

5598. That would be an extension from six months to eight months?--Yes; at any rate, while the Government continues to use their services, as they do at present, when they are employed for three months after their arrival labouring upon Government works, and are prevented from employing themselves upon farms.

5599. Mr. _Forster_.] In answer to question 5208, in your former evidence, with respect to the system of landing the crews of captured slavers, you said, “I have never known a cruizer act inhumanely. I heard of one case the other day where people starved, but it was stated in that case that it was owing to the refusal of the Portuguese factories to support them.” Had you any opportunity at Sierra Leone of observing the system pursued in this respect by our cruizers?--I have mentioned that the only portion of the slave crews that we saw at Sierra Leone were those who were sent up as witnesses.

5600. What case is this which you allude to as having heard of?--It was a case I heard of in this room, mentioned by some gentleman connected with the Bonny trade.

5601. Are you aware whether there are any Spanish or Portuguese factories in Bonny?--I am aware that there were some slave factories there formerly.

_Lunæ, 27º die Junii, 1842._

MEMBERS PRESENT.

Sir T. D. Acland.
Mr. Aldam.
Captain Fitzroy.
Mr. Forster.
Mr. W. Hamilton.
Mr. Milnes.

VISCOUNT SANDON, IN THE CHAIR.

_Captain Henry Worsley Hill_, R. N., called in; and examined.

7109. _Chairman._] What has been your connexion with the coast of Africa?--I commanded the “Saracen” on the coast of Africa from October 1837 till January 1841.

7110. What part of the coast have you cruized along?--The first eight months I was in the Bight of Benin; after that I went to the Cape of Good Hope and Madagascar, returning to Sierra Leone in December 1838; and continuing on the coast between Cape Palmas and Portendique till June 1841.

7111. Has the character of the system of cruizing altered during that period?--On the Sierra Leone side, certainly. Latterly, we established a very close blockade.

7112. Have you been engaged in descents on the coast?--Yes, at Gallinas, and at Sea-bar.

7113. At Gallinas you were engaged with Captain Denman?--Yes.

7114. At Sea-bar, were you by yourself?--The “Ferret” was there likewise.

7115. What were the circumstances of your operations at Sea-bar?--I had had a boat blockading Sea-bar, where there was a noted slave factory, and my boat’s crew had required water, and on landing to procure water, the king, Harry Tucker, refused water without I paid for it at a most exorbitant rate, about a dollar a gallon he demanded; and I was authorized by the Governor of Sierra Leone to endeavour to effect a treaty, that had been sent out from the Home Government with the chiefs of that part of the coast. I landed for the purpose of endeavouring to effect this treaty, and also to inquire into the cause of the king’s refusing my boat’s crew water. The slave factory belonging to Mr. François is close to the usual place of landing, being close to the water; it is at the southernmost entrance of the Sherboro’ River. On landing I found that every person had left the factory; after a short time, I succeeded in getting a messenger to go to the king, who was represented to be in the bush, and requested that he would come to see me, assuring him that I had come upon a friendly mission. He refused; I then wrote to him for the same purpose; after waiting some time, several people appeared at the borders of the wood, armed, and one man advanced and came to me, and told me that Mr. François, the slave merchant, and the king had armed the slaves for the purpose of coming down to attack us, but that they preferred giving themselves up to us, and going to Sierra Leone to be made free, and asking if I would receive them on board; I of course told them yes, as many as would come, and I think about fifty came down armed with muskets and cane knives. They procured for themselves a canoe; I had not room in my own boats for them. They represented that they had been very ill-used by the slave-factor, Mr. François, flogged and beaten, and kept in irons, and confined closely in the barracoons; and when they were in the boat they expressed their delight, by clapping their hands and singing in their country manner. I had determined upon destroying the barracoons, but I thought it better if I could induce the slaves to do it themselves, it would be setting a better example. Upon its being mentioned to the slave who could speak English (there was only one who could speak English), he mentioned it to the others, and two or three immediately volunteered from the troop, to go up and burn the barracoons and the factory. They went and set fire to it in about twenty places, and the place was destroyed. I was told afterwards that this was followed by another slave factory being burnt on the opposite side of the river the following day, by the slaves themselves.

7116. Who was this Mr. François?--He is a slave factor, who has resided a long time at Sea-bar; I believe he was once in the French navy as a foremast man, but I am not certain.

7117. Was he living under the protection of the native chief there?--He was living in the chief’s territory; therefore, I suppose he was there with his sanction and knowledge; I had been there before, and I had seen the chief in Mr. François’ house.

7118. Mr. _Forster_.] Do not you think it was setting rather a dangerous example to tell the natives to destroy property under such circumstances?--No, I thought I was setting a good example, or I should not have done it.

7119. You think they could fully appreciate the motives and views with which you acted?--Undoubtedly.

7120. Do the natives condemn the slave trade themselves?--They carry the slave trade on; if they did not carry it on, there would be no slave trade.

7121. Then on what ground of moral right could they account for your destroying this property for the reason that it was with the view of doing away with the slave trade, a trade which they do not consider morally wrong?--They can easily, I think, appreciate the view with which the slaves were armed to come down and attack Her Majesty’s boats, who went there with friendly intentions.

7122. _Chairman._] Those whom you got to destroy the barracoons were slaves themselves?--They were slaves, who had been armed to come and attack us, and they came and placed themselves under British protection, and begged to be taken to Sierra Leone.

7123. You think they would understand why you sent them to destroy the means of imprisonment;--I think so, certainly.

7124. Mr. _Forster_.] You carried them to Sierra Leone?--I carried them to Sierra Leone, and entrusted them to the protection of the governor.

7125. _Chairman._] Do you know any thing of the circumstances under which those slaves had come there?--They were Mr. François’ slaves, and I imagine they must have been purchased in the way in which all the slave factors purchase their slaves; they are brought down from the interior.

7126. Mr. _Forster_.] Have you given any similar advice to the native chiefs, or the natives, on any other part of the coast, to destroy the property of slave dealers?--I have advised the whole of the chiefs that I have had any communication with to discontinue the slave trade, the sale or barter of negroes to Europeans.

7127. _Chairman._] Was there property in those barracoons that were destroyed?--There was very little property; I think the goods must have been removed from the slave factory some time previously.

7128. Sir _T. D. Acland_.] The use of those barracoons was distinctly for the purpose of keeping up the traffic in slaves?--The slaves had been confined there, according to what I learned from those I received on board, on the previous night, to the number of between 300 and 400. There were a vast number of shackles and chains, with which they had been chained, and the slaves had been removed out of the barracoons on the approach of my boats.

7129. Therefore the property destroyed was only such as was used for the most criminal purpose?--There was no property destroyed but what was used for the slave trade. In fact, there was very little property besides the buildings; every thing had been removed.

7130. Mr. _Forster_.] You think the natives could draw the distinction between property of that description and other property which you yourself might feel inclined to respect?--I think the natives could draw the distinction between property intended for the slave trade, belonging to a foreign slave dealer who had settled in the country for the express purpose of carrying on the slave trade, which the natives know is contrary to the laws of his own country, and contrary to the laws of all Europe.

7131. But when they see those persons settle in their own country, with the sanction and under the protection of their chiefs, do you think that, under those circumstances, to teach them such a want of respect for property can have a beneficial tendency in the country generally, where it must have been witnessed by other natives, and known to other natives besides those which you have mentioned as being engaged in this transaction?--I think it must have a beneficial effect on the natives of the country where it takes place.

7132. _Chairman._] In doing this did you act under specific instructions, or upon your own responsibility?--Upon my own responsibility; I have received the approbation of the Admiralty.

7133. Did you receive any general instructions to attack slave factories wherever they were not under an European flag?--Not while I was on the coast.

7134. Mr. _Forster_.] Did you visit the Rio Nunez?--Yes.

7135. Do you know two chiefs there of the names of Sallafou and Sarra?--Sallafou is the chief of the Narrow country, and Sarra is the chief of the Kikandy country.

7136. Did you advise those chiefs to get possession of the goods of any slave vessel that might come within their reach, and any property that might be in them?--I think it is very likely that I advised those chiefs, while I was in their country, to discontinue the European slave trade and to prohibit slave vessels from coming to their country.

7137. But you did not advise them to seize slave vessels or slave cargoes?--I advised them to prohibit slave vessels coming to their country, and not to allow the slave trade.

7138. But you did not advise them to use every means in their power to get possession of any property belonging to a slave dealer that might come within their reach?--They could not get possession of any property, or slave vessel, if they followed my advice of not allowing them to come to their country to trade for slaves. There was no slave vessel, nor did I see any factories, in the Nunez, or any signs of the slave trade being carried on there.

7139. But they could not prevent slave vessels coming into their country without being in contact with them, and therefore having the means of seizing them?--Their seizing slave vessels and goods would be an act of their own. I remember no advice being given them by me, that they were to lie wait, or endeavour to seize vessels that they supposed to be engaged in the slave trade, or to seize goods on board those vessels, or to use any fraudulent means of getting those goods into their possession.

7140. Then if they have made your advice a pretext for seizing property in vessels belonging to Frenchmen in their rivers, they have done so falsely?--They never received any advice or recommendation from me to seize goods or vessels belonging to the French or any other nation. When I was in the Nunez there were three English merchants and four French merchants with me. The origin of my going there was owing to a war existing between King Sarra and the Nallow chief, which had stopped the trade of the river. There had also been some outrages committed upon an English vessel; the captain of one English vessel had been forcibly made to pay between 60 and 70 dollars, and another English vessel had been fired on by the natives. I entered into treaties with the chiefs that French and English property should be respected. The merchants were present at both interviews with those chiefs, a Foolah chief, with about 100 or 120 Foolahs, who had been sent down from the Foolah country, was also with me, and assisted in making king Sarra refund 64 dollars which he had taken from this English captain, which money I delivered to the Governor of Sierra Leone; and on leaving the river both the English and French merchants expressed themselves very much satisfied with what I had done. There was no advice given by me to either of the chiefs but in the presence of those merchants.

7141. _Chairman._] Did you find, in the course of your cruize, assistance given to the slave trade by English merchants?--I detained an English vessel bound to the Gallinas, freighted through the agency of Messrs. Zulueta, of London, on behalf of Pedro Martinez, of the Havannah, consigned to some notorious slaving establishment at the Gallinas.

7142. What was the result?--I sent the vessel to Sierra Leone; she was tried in the Vice-Admiralty Court, and condemned; the master was also tried at the sessions at Sierra Leone. The grand jury found a true bill against him, and I have every reason to believe the petty jury would have found him guilty, had the Queen’s advocate, who conducted the prosecution, represented the master as also the owner. But upon the trial he was tried merely as the master, and the jury acquitted him on the supposition that the master of a vessel might be ignorant of the trade in which she was engaged; but he being master and owner, and having been to the Gallinas on two previous voyages, and delivered cargoes, consigned in one instance to the notorious Pedro Blanco, and in another instance to another slave merchant; had this appeared, I have every reason to believe he would have been convicted. It is my opinion the house of Zulueta have aided and abetted the slave trade for a number of years, by acting as agents for slave dealers. There is a case on record, very nearly similar to this, of the brig Arrogante, which was sent out to the Havannah, and represented to the English Government by the English consul at the Havannah.

7143. You mean by the same house?--By the same house.

7144. What is the nature of the interest which the house of Zulueta have in these transactions?--They appear as agents only.

7145. What is the nature of their agency?--I will state the whole case of the vessel. I have copies of the principal papers with me in London, if the Committee should wish to see them. The “Augusta” was originally the “Goluptichick.” The “Goluptichick” was detained by me off Gallinas under Russian colours, with a crew composed solely of Spaniards. Her course of trade for two years had been wholly confined to Spanish ports and the coast of Africa. I had information of her taking a cargo of slaves from the coast a few months previously to my capturing her; I sent her to Sierra Leone, and attempted to try her in the Spanish and British Mixed Commission Court, under the treaty with Spain. She was refused to be admitted into the court, being under Russian colours and papers. I then determined upon sending her to England, being convinced that this vessel could not be trading lawfully from Russia, Russia having no colonies to which it was possible she could be carrying slaves. The vessel was perfectly equipped for the slave trade.

7146. What year was this in?--This was in 1839. The master of the vessel, rather than be sent to England, told me he would prove that the vessel was Spanish property, and gave me a certificate to that effect. I tried a second time to get her into the Mixed Commission Court, and failed, and then sent her to England. She was detained in England by the English Government for some time, and I believe given up to the Russian authorities; but I have received no official information on the subject. The vessel was sold at Portsmouth to a Mr. Jennings, but by the papers found on board her this purchase appears to have been effected by Zulueta & Co. The vessel proceeded to Liverpool, and shipped a cargo through the agency of Zulueta, on account of P. Martinez, of Havannah, which cargo was to be delivered at the Gallinas, to three notorious slave dealers. I found her at the Gallinas, and immediately seized her, when she was tried, as I have related, at Sierra Leone. An appeal has been entered before the Privy Council, and is now pending. In the trial at Sierra Leone the master and owner, Mr. Jennings, did not defend the vessel, which is an extraordinary thing, because the master and owner of the vessel, when she was tried before the Vice-Admiralty Court at Sierra Leone, ought to have defended her.

7147. Mr. _Hamilton_.] Was she equipped for the slave trade the second time?--No, she was not.

7148. Captain _Fitzroy_.] Who defended her?--She was not defended at all.

7149. Sir _T. D. Acland_.] This is the second time that she has been tried at Sierra Leone?--This is the third time. The case of the Arrogante is very nearly similar; it is to be seen in the Papers laid before Parliament in 1839 or 1840.

[Adjourned to Wednesday next, at Half-past Twelve o’clock.

_Mercurii, 29º die Junii, 1842._

MEMBERS PRESENT.

Sir T. D. Acland.
Mr. Aldam.
Viscount Courtenay.
Captain Fitzroy.
Mr. Forster.
Mr. W. Hamilton.
Sir R. H. Inglis.
Mr. Milnes.

VISCOUNT SANDON in the chair.

Captain _Henry Worsley Hill_, R.N., called in; and further examined.

7150. _Chairman._] When you were last examined, you were stating the cases in which you conceived that British merchants had given assistance to the slave trade?--Yes; I stated the case of the Augusta having been detained by me.

7151. Are there other cases which have come to your knowledge?--Not of vessels being engaged in the slave trade.

7152. Are there any other instances in which you have ascertained that English merchants had aided or abetted the slave trade?--A representation in a private way was made to me by the governor of Liberia, that an English vessel had supplied Mr. Canót at New Cestos, with goods and arms. He mentioned among other things, two or three pieces of brass ordnance, with which Mr. Canót was supposed to be fortifying his slaving establishments.

7153. Was that case investigated?--No, I could not gain sufficient proof. I went on board the vessel, and the master of the vessel did not deny having landed goods at Theodore Canót’s establishment, but I could find nothing amongst her papers or her custom-house cockets that went to convince me that guns and things had been taken out from England consigned to Mr. Canót. It did not come to any thing, it was merely a representation made by the governor of Liberia, as a set-off to the complaints that were daily made of the American flag covering the slave trade upon the coast; but I could find nothing whatever that justified me in supposing that that vessel came out with her cargo consigned to Mr. Canót.

7154. Do you know of any other case?--No, I know of no other case.

7155. Have you received assistance in the prosecution of your duty upon the coast from English vessels engaged in trade, in the way of information or otherwise?--In one or two instances I have.

7156. Of what nature?--Merely giving information of vessels which they had seen on the coast, which they suspected of being engaged in the slave trade.

7157. Have you ever received obstruction from them?--No, I have not.

7158. Mr. _Forster_.] You have spoken very strongly of Messrs. Zulueta & Co. as connected with the slave trade; are you aware that those gentlemen act very extensively as agents for foreign houses in Cuba, in Spain, and in Brazil, as Spanish merchants?--I have no means of ascertaining that.

7159. The cargo of the Augusta, which you seized, was shipped at Liverpool, where Messrs. Zulueta & Co. have a house?--It was.

7160. Did you find any prohibited goods in that cargo which had been shipped at Liverpool?--None.

7161. That cargo having been shipped at Liverpool, composed of lawful goods, and legally cleared by the custom-house officers there, in what way do you consider Messrs. Zulueta & Co. criminally implicated in such a transaction?--The custom-house officers at Liverpool may be totally ignorant of the trade carried on at the Gallinas, and also totally ignorant of the trade carried on by Pedro Martinez & Co. at the Havannah.

7162. Suppose Messrs. Zulueta & Co. to have received orders from their foreign correspondents to ship those goods; in what way do you consider them bound to know the history and pursuits of the person to whom they were directed to consign them at the Gallinas?--I should certainly think they are bound to be cautious that they did nothing contrary to the laws of the country in which they were residing.

7163. But unless they knew that those goods were to be applied for the purchase of slaves on the coast of Africa, in what way do you consider them bound to exercise any caution, and above all, to refuse to comply with the orders of their correspondents?--I certainly think they are bound to use every caution that they do not act contrary to law.

7164. Who were the parties to whom they were consigned at the Gallinas?--The goods were consigned to be delivered to Don José Alvarez, and Don Angel Ximenes, and Don José Perez Rola, all noted slave dealers.

7165. _Chairman._] Have Messrs. Zulueta direct intercourse with the coast of Africa themselves, as merchants, or are they only agents?--I have never met a vessel belonging to Messrs. Zulueta & Co. on the coast of Africa.

7166. They are shipping agents in England, obeying orders given them by their correspondents abroad?--I have never known Zulueta & Co. to be employed in any mercantile transactions on the coast of Africa, except with regard to Spanish slave merchants. I have never seen their names in any vessels that I have boarded, engaged in innocent traffic.

7167. Do you conceive that a shipping agent is bound to make himself acquainted with the pursuits of the parties to whom he ships lawful goods?--I think, as far as regards the slave trade on the coast of Africa, it is the duty of a merchant residing in England, to be cautious that he does not do any thing that will at all be acting contrary to the Act of Parliament for the Abolition of the Slave Trade.

7168. Supposing he had consigned goods to the Bight of Benin, for instance, where many of the greatest dealers in produce have been till lately dealers in slaves; can you conceive that he would have been engaging in unlawful traffic in complying with such orders from his correspondent?--If the goods were to be consigned to a port where innocent traffic was carried on, and to merchants who carried on that traffic as well as the slave trade, of course it would admit of great doubt to what purpose those goods would be applied; but, in this case, the goods being consigned to those three people at the Gallinas, a port where no trade but the slave trade has been carried on for a considerable number of years, I think it materially alters the position of the parties in the shipping of the goods.

7169. Then the innocence or otherwise of the transaction depends, in your opinion, upon the knowledge on the part of the shipping agent in England of the exclusively slave-dealing character, of the trade carried on from any point of the coast of Africa to which the goods may be consigned?--I think not exactly.

7170. Supposing the Gallinas had carried on a trade to the extent of 100 pieces of ivory annually, would that have been an innocent transaction which you now consider to have been a culpable one?--I think it might admit of a doubt whether there was a possibility of the goods shipped being employed in innocent traffic; but I think, being shipped to a place like the Gallinas, there can be no doubt whatever to what purpose the goods would be applied.

7171. Is not the nature of the traffic carried on from different points of the coast of Africa, shifting and varying from time to time; at one time exclusively in slave dealing, at other times partly in slave dealing and partly in produce; and at other times wholly in produce; according as the efforts of the English merchants have prevailed more or less. Would it not, therefore, according to this view, require constant reports to the shipper in England of the state for the year of the different points of trade on the coast of Africa, to enable him to know whether he could with safety carry on trade with any one place?--I think the slave trade has been at the point to which the vessel in question was consigned to deliver her cargo, so fully established, that it can admit of no doubt whatever as to the trade in which that vessel was employed. But it may happen, at many places on the coast, that a doubt might exist. For instance, if a merchant were established on the coast, carrying on the joint traffic of exchange of the produce of the country as well as the slave trade, it certainly would admit of a doubt. But I think it is the business of the merchant residing in England to make himself acquainted with the character of the persons on the coast of Africa to whom he makes consignments, especially seeing the attempts that are making and have been made for the suppression of the slave trade.

7172. You observe that the case in question is not the case of a merchant carrying on a direct trade with a slave dealer, but a merchant obeying the orders of his correspondent, to make consignments merely as his shipping agent?--I think myself it depends in a great measure upon the place to which the cargo is to be delivered. I think at New Cestos, for example, there might be a doubt to what trade the cargo would be applied; but there are many cases which will not admit of a doubt. Now if a merchant has been in the habit of acting as agent to a foreign house for a length of time, I think he must somehow acquire a knowledge of the trade which this foreign merchant is embarked in. I think it becomes the duty of the merchant to endeavour to make some inquiry, because the Act of Parliament is very decisive; it says, “Or in any other manner to engage or contract to engage directly or indirectly therein as a partner, agent or otherwise, or to ship, tranship, lade, receive or put on board, or to contract for the shipping, transhipping, lading, receiving or putting on board of any ship, vessel or boat, money, goods or effects to be employed in accomplishing any of the objects or the contracts in relation to the objects, which objects and contracts have hereinbefore been declared unlawful.” The law is very decisive.

7173. Mr. _Forster_.] What are the objects and contracts which have been previously declared unlawful?--“For any persons to deal or trade in, purchase, sell, barter, or transfer, or to contract for the dealing or trading in, purchase, sale, barter, or transfer of slaves or persons intended to be dealt with as slaves.”

7174. Do you consider the lawful shipping of goods at Liverpool a dealing in slaves?--A lawful shipment of goods cannot be unlawful.

7175. But if the shipment had not been lawful, would not the custom-house officers at Liverpool have seized the goods?--It is possible that the custom-house officers at Liverpool may be ignorant of what caused the shipment of the goods to be unlawful.

7176. But the custom-house officers cannot be ignorant whether the goods which they pass at Liverpool are lawfully shipped?--The parties and the port to which the goods are to be delivered of course stamp the character of the trade in which they are sent out.

7177. _Chairman._] Would it be convenient if the custom-house officers were informed from time to time to what ports vessels might clear with safety, and to what they might not?--I think in the case of such a port as the Gallinas, it would have been convenient, and perhaps have been attended with some benefit, had the custom-house officers in our different ports in England been made acquainted with the trade that was there carried on, to prevent goods being shipped direct for that port; but that again would be evaded by shipping goods, as is frequently done, for the coast of Africa, without specifying any port.

7178. Do you conceive that the destruction of the barracoons is very effectual in putting down the slave trade?--I think that in many cases it would be attended with great benefit to the suppression of the slave trade, almost in every instance; but great care should be exercised in doing it.

7179. In what respects?--That the establishments should be decidedly ascertained to be slaving establishments, so as not to destroy any establishments that might be erected where innocent traffic was carried on, but only the slaving establishments that were _bonâ fide_ for the express purpose of slaving.

7180. Have you found any feeling of irritation created among the natives upon the coast by that mode of proceeding?--No; I was frequently at the Gallinas after the barracoons at the Gallinas were destroyed, and I thought a good feeling was springing up amongst the chiefs for the establishment of commerce and the cultivation of their soil. They certainly expressed a wish that the barracoons and the slaving establishments in the neighbouring states should be destroyed as well as their own.

7181. Do you conceive that the slave trade is popular with the natives of all classes, or that its profits are principally confined to the chiefs?--I think it is popular with the natives of all classes.

7182. Mr. _Forster_.] If it is popular with all classes, how do you account for their expressing a wish that the barracoons should be destroyed?--That followed after their own barracoons had been destroyed; they wished their neighbours’ barracoons to be destroyed likewise; they expressed their delight very openly when I went to the Gallinas after the establishments at Sea-bar had been destroyed.

7183. Supposing them to feel any irritation upon the subject, do you think it likely that it would be to the officer of a ship of war that they would communicate those feelings?--Perhaps not, directly; but I think the officers on being on shore would very easily observe if their feelings were unfavourable.

7184. _Chairman._] Had you any communication with the slave dealers themselves upon the subject of this method of putting down the slave trade?--Yes; I saw, I think, the most intelligent of the slave dealers that were established at the Gallinas, I think it was Don Angel Ximenes, who told me that it was impossible for him to carry on the slave trade, if this plan was followed up; that he was ruined by it; and that he intended immediately going to America, and that he had recommended the other slave dealers to do the same. Two or three of them, I know, left Africa immediately, and one other man left the Gallinas territory and settled in the neighbouring states, with the intention of trying to carry on the slave trade again.

7185. Has the introduction of the Equipment Article led, as a matter of necessity, to carrying on the slave trade by the collection of slaves in barracoons, ready for the descent of any slaver, who can no longer now hover in sight, and remain waiting for the collection of slaves during its stay there?--Yes; slave vessels now come across from the Havannah in every way ready equipped for embarking their slaves at an hour’s notice; they appear off the coast, and in one or two instances, I have heard that in two hours their cargoes have been put on board them.

7186. Barracoons have now become an essential part of the existing system of the slave trade?--They have always had barracoons.

7187. Mr. _Milnes_.] Do you think the slave trade is popular among the lower classes?--Yes, I think it is in those parts of Africa where they have known no other trade; that has been the trade by which they have derived all the principal articles that have almost become necessary to them.

7188. _Chairman._] Have you seen instances where, upon the extinction of the slave trade, legitimate trade has taken its place?--I heard various reports of its having done so at the Bonny and at Benin; at the Bonny particularly. Again, Mr. Spence, in the River St. George’s, established himself and introduced innocent trade, and I believe totally expelled the slave dealers; it had a very beneficial effect in those three places.

7189. Was that a case where lawful traffic had the effect, without the assistance of cruizers, of expelling the slave trade, or was it in co-operation with them?--I think in co-operation with the cruizers. Mr. Spence took a great deal of pains, and if he had known of a slave vessel coming into St. George’s, he would have immediately informed the cruizers, and in fact he had so much influence with the chiefs immediately around him, that he prevented them from carrying on the slave trade. The slave trade cannot be carried on without the sanction of the chief, and in fact in almost every case it is done by the chief of the district himself; he is the principal slave dealer, receiving a certain emolument from the slave dealers coming to his place to trade.

7190. When you speak of the co-operation of the cruizers with Mr. Spence’s efforts, you mean that the cruizers protected Mr. Spence in his operations, but not that they were preventing the slave trade at the time by a blockade?--Exactly.

7191. Have you heard since the destruction of the slave factory at the Gallinas, or at Sea-bar, whether lawful trade has taken the place of the slave trade?--When I was last at the Gallinas, one of the chiefs showed me a sample of cotton that he was cultivating, and he promised that he would collect as much as he could for the purpose of carrying on innocent trade: he had then, I think, at the time I am speaking of, six or eight large packages in his house, and he said, that in the course of time, he could produce any quantity. He seemed to be honest in his intentions.

7192. Viscount _Courtenay_.] Was it wild or cultivated cotton?--He told me that he had cultivated it; and it appeared to me to be particularly good; it was much finer than any I have seen elsewhere.

7193. Mr. _Aldam_.] Did you see any cotton cultivated?--No, I did not see any cultivated; this was up the country, 10 or 12 miles up the Gallinas River.

7194. Would it be practicable to collect a considerable quantity of wild cotton?--No; I think the wild cotton is so much scattered, that without cultivation they could not collect any quantity.

7195. _Chairman._] Had you any conversation with the chief upon the advantage with which the people might be employed in raising produce rather than their being sold as slaves?--Frequently I endeavoured to instil into their minds the advantages they would derive from giving up the slave trade, and employing their own slaves in tilling the ground, and collecting cam wood, and any thing the country might produce. I think in many parts of the Gallinas the country is capable of being cultivated to a great extent. I am now speaking of King Siacca’s Town, which is 10 or 12 miles up the river.

7196. Do you think it would be of advantage, either for the suppression of the slave trade, or for the encouragement of the lawful trade to have factories or forts planted at particular points?--I think, decidedly; I think if factories were established along the coast, it would materially lead to the suppression of the slave trade, and also to the cultivation and improvement of Africa generally; I think particularly on the coast from Sierra Leone to Cape Mount, which has been the chief slavery district on that part of Africa.