Part 18
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.
7197. Have you had reason to know whether there would be facilities or otherwise for the purchase of sites for settlements of that description from the native chiefs?--I think there might be a little opposition made in the first instance, which might easily be overcome. I remember one of the chiefs of the Gallinas telling me that he would have no objection to see the English settle there; but others again did not seem so desirous of it. Again, at Cape Mount the chief was very anxious that the English should establish themselves, and carry on trade there; and when I was last at Cape Mount the English flag was flying. The American governor of Liberia came up, and was very desirous that the American flag should be likewise hoisted, which the chief refused; he showed a decided preference to the English.
7198. Is there a coasting traffic established along the coast to any degree from point to point, and is any part of it carried on by the liberated Africans of Sierra Leone?--I think not; I think the coasting trade of Sierra Leone to the southward does not extend beyond one or two towns in the Sherboro’ River, where they go for cam wood, which is particularly good there. To the northward the canoes trade to the River Scarcies, and occasionally, I think, as far as the Pongos. But those boats that go to the Pongos always incur the suspicion that they are all more or less carrying goods for the slave dealers in the Pongos; but as far as regards the immediate coasting trade of Sierra Leone, it is very much confined.
7199. You would be glad to see the services of a steamer secured for Sierra Leone?--I think it is absolutely necessary.
7200. Sir _T. D. Acland_.] And also for the Gambia?--And for the Gambia likewise. I think it is absolutely necessary for the Gambia, to communicate between St. Mary’s and M‘Carthy’s Island. For instance, it occurred while I was at the Gambia that information arrived from M‘Carthy’s Island of the natives having attacked the island, and before troops could be sent up, or I could get up in a sailing vessel, many days elapsed, where a steam-boat would have done it in a day and a half. Steam-boats would also be particularly useful for the suppression of the slave trade.
7201. Is there any other point besides Sierra Leone and the Gambia where you think they are particularly wanted?--I would say, generally along the coast, for the suppression of the slave trade, I should say that it would require half-a-dozen steamers to protect the coast between the Gambia and the southernmost slaving ports on the western coast of Africa.
7202. Where?--Down to Benguela. I think about half-a-dozen steam-boats would be sufficient.
7203. Sir _R. H. Inglis_.] What is the average passage by steam and the average passage by sailing vessels between the Bight of Benin and Sierra Leone?--It depends a great deal upon the season of the year. I think from the Bight of Benin to Sierra Leone the average passage in sailing vessels is about a month.
7204. Have you experience sufficient to enable you to state to the Committee the average passage by steam-vessels?--No, I have not.
7205. What is the extreme length of passage between the Bight of Benin and Sierra Leone in a sailing vessel; the question having reference particularly to a sailing vessel taking slaves on board for adjudication before the court at Sierra Leone?--I have heard of vessels being a very long time, three months; I think I remember slave vessels that have taken between two or three months to get up from the Bight of Benin to Sierra Leone; but I think that is a very rare occurrence; usually the passage is made in about a month.
7206. In all seasons?--In all seasons; I think a month is the average passage.