R. R. GIBBONS.

* * * * *

The Report of Dr. Madden forms part of the Appendix to the “Report from

the Select Committee on the West Coast of Africa[3],” and although the

first official communication which was received by the house of Messrs.

Zulueta & Co., it is not inserted, in consequence of its want of

connexion with the chief subject of this publication. It is entitled,

“Report of Her Majesty’s Commissioner of Inquiry on the State of the

British Settlements on the Gold Coast, at Sierra Leone, and the Gambia,

with some Observations on the Foreign Slave Trading Factories along the

Western Coast of Africa, in the Year 1841;” and sets forth its object as

follows:--

“Pursuant to the instructions of Her Majesty’s Secretary of State for

the Colonies, the following matters were duly examined into, and the

result of the best consideration that could be given to these subjects

will be found in the following order:--

“1st. The state and condition of our forts and settlements on the

Western Coast of Africa, their trade, population, resources, and

government.

“2d. The facilities afforded in these settlements to the foreign slave

traders resorting to them, by affording supplies in goods or stores

that are essential to the trade.

“3d. The prospects and practicability of emigration from Sierra Leone

to our West India Colonies.

“4th. The climate, salubrity, and nature of the locality of our

settlements on the Western Coast of Africa: and in addition to these

subjects, I have to add the consideration of two very important ones,

not specified in my instructions, but which, in their execution,

became part and parcel of them, and which I conceived I would not have

done my duty had I left unnoticed, or taken no steps to remove the

evils connected with them; these subjects are:--

“1. The existence of slavery in our settlements on the Gold Coast.

“2. The co-operation of British commerce with slave-trade interests,

at the factories of notorious slave dealers on the Western Coast of

Africa.”

[3] Vide Part II, p. 9, et seq.

In treating of the last subject here mentioned, the following remarks

occur:--

“It is very true the Consolidated Slave Law, the 5th of Geo. IV,

comprehends every case of aiding and abetting the slave trade, that I

have proposed to have still more formally and specifically prohibited;

and there can be no question that any infraction of this law, whether by

insuring slave property, selling goods for slave trading objects,

lending money, or giving any species of assistance for the promotion of

these objects in any court in England, where the case would be tried on

its proper merits, and not decided on by a jury implicated or involved

in the interests of slavery, that the offender would be convicted of the

felony and punished. But few of those employed in judicial situations on

the Western Coast of Africa have been persons belonging to the legal

professions, and those who did belong to it, and were the advisers of

our governors, have not been persons of very profound experience in the

law, and the consequence has been that, with few exceptions, our

authorities on the Western Coast of Africa hold the opinion that was

entertained at Cape Coast as to the legality of aiding and abetting the

slave dealers, of supplying them with the goods and stores essential to

the purchase of the slaves. The Consolidated Slave Trade Act, of 1824,

distinctly states in the very second clause, that it is unlawful ‘in any

manner to engage, or to contract to engage, directly or indirectly

therein (the slave trade), as a partner, agent, or otherwise, or to

ship, tranship, lade, receive, or put on board, &c.... knowing that such

ship, vessel, or boat is actually employed, &c.’....

“In the 7th clause, with the customary verbiage, it is declared, that

‘if any person shall knowingly and wilfully ship, or put on board of any

vessel any money, goods, or effects, to be employed in accomplishing any

of the objects hereinbefore declared unlawful, then and in every other

such case the person so offending, and their procurers, counsellors,

aiders, and abettors, shall forfeit and pay for every such offence

double the value of all the money, goods, or effects so shipped,

transhipped, laden, received, or put on board, or contracted so to be as

aforesaid.’

“And by the 10th clause, the persons thus aiding and abetting the slave

trade, are further declared to be felons, and shall be transported for a

term not exceeding fourteen years, or confined and kept to hard labour

for a term not exceeding five years, nor less than three years, at the

discretion of the Court.

“The right and privilege heretofore exercised of suing in Vice-Admiralty

Courts for the forfeitures or penalties incurred by the contravention of

this law, are set forth in the 12th clause, notwithstanding any criminal

proceedings that may have been instituted against the aiders and

abettors of this trade. That the merchant in the case of the Dos Amigos

had left himself subject to both sorts of proceedings there can be no

doubt. In a case somewhat analogous to this, of recent occurrence, a

British vessel, commanded by a British subject, the Augusta, dispatched

by a London house, was captured by Lieutenant Hill, of Her Majesty’s

ship Saracen, having merchandise on board adapted for the slave trading

factories, and having a direct destination to one of these. The vessel

was condemned at Sierra Leone, but no proceedings have been taken in the

Vice-admiralty Court in England by Lieutenant Hill, to recover the

penalties incurred by this breach of the law. The notoriety of this

vessel at all the factories on the coast of Africa had its weight in the

tribunal where she was ultimately condemned for aiding and abetting the

slave trade. In no respect was the evidence against this vessel stronger

than that against the Cape Coast merchant, yet that vessel was condemned

by the authorities at Sierra Leone, and the merchant is defended by

those at Cape Coast. The Augusta, a notorious slaver, had only been

captured and sent to England a few months before under the name of the

Gollupchik, and under Russian colours, and she was found again on the

coast, under the British flag, the property of London merchants. The

Spanish slave trader, who was captain of the Gollupchik, when captured

by the Saracen, and sent to England was subsequently taken near Whydah

by Commodore Tucker of the Wolverine, while I was passenger on board

that vessel, in another slaver called the Liberal; and from this man I

learned particulars entirely corroborative of the documentary evidence

found on board the Augusta. The recent relinquishment of the slave trade

on the part of Don Theodore Canot at his slave factory at New Sesters,

one of the principal slave dealers on the Kroo Coast, led to the giving

up of his books and papers to Lieutenant Segrim, of Her Majesty’s ship

Termagant, with whom he entered into arrangements for renouncing his

unlawful trade; and, on examining these books on board of Her Majesty’s

ship Wolverine, I found that a London house had long been in the habit

of supplying stores and merchandise to his slave factory from their

vessels on the coast. On the 4th of December, 1839, there is an entry of

the arrival at his factory, for the purposes of trade, of the English

brig Enterprise.

“1st January, 1840. There is an entry of the arrival of an English brig

‘Corcyra,’ belonging to another house in London, for the purposes of

trade, and of having purchased of him 50 guns, 100 cutlasses, 100 large

kettles, and 100 bars of irons.

“13th May, 1840. There is an entry of the re-appearance of the captain

of the ‘Enterprise,’ at his factory, and having purchased from him 83

cruces of rice, or about 2,000lbs. weight, for which he paid 63 dollars,

and 84 dollars for 21 guns.

“1st July, 1840. There is an entry of the arrival of the English

schooner ‘Gil Blas,’ of London, and of having purchased two pieces of

cloth, eight bars of tobacco, and one gallon of rum.

“On the 5th of December, 1840, Don Theodore Canot placed himself under

the protection of the British flag, renounced his traffic, and gave up

104 slaves to Lieutenant Segrim.

“Lieutenant Hill, of Her Majesty’s ship ‘Saracen,’ on the 14th January,

1839, visited the British vessel ‘Medora,’ and was informed by the

master that he had just disposed at the Gallinas of 10,000 dollars’

worth of goods to the factories there.

“Lieutenant Segrim, of the ‘Termagant,’ recently boarded the British

merchant vessel ‘The Guinea Man,’ and the master admitted having just

sold 500_l._ worth of goods to the slave trade factories at the

Gallinas.

“A British trader, a man of colour, who has an establishment at Accra,

has one likewise at Little Popoe, where he is known to dabble in this

trade.

“This man was an agent of a mercantile house in London; and information

reached me of his having embarked for Popoe some time ago, in the

neighbourhood of St. Paul’s, a number of slaves on board a British

vessel then under discharge. On visiting this part of the coast in Her

Majesty’s ship ‘Wolverine,’ on my way to Princes’ Island, we found at

Great Popoe a British subject of colour holding a factory, from which

Captain Tucker had information he had lately shipped a cargo of slaves.

While at anchor off the shore, Captain Tucker addressed a letter to him

on the subject, informing him of the report he had heard, and giving him

to understand that, on any repetition of his illegal proceedings, he

would destroy his factory and carry himself to Sierra Leone. He returned

a submissive, and I must add a very proper answer, not denying the

transaction alluded to, but promising faithfully in future to abstain

from exporting slaves.

“I have noticed these circumstances, though not apparently bearing on

the subject of this part of my Report, namely, the resources, trade, and

government of our settlements on the Gold Coast, and the influence of

the latter on the adjoining districts, in order to show the necessity

there is for a new enactment to prevent the facilities that are now

afforded by our commerce from supplying the slave trade factories with

these commodities which are indispensable to the slave traders. It is

evident that those factories are supplied with goods by British traders,

and especially by London merchants, to a very great extent.” ...

London, 31st July, 1841.

(signed)

Trial of Pedro de Zulueta, jun., on a Charge of Slave Trading, under 5 Geo. IV, cap. 113, on Friday the 27th, Saturday the 28th, and Monday the 30th of October, 1843, at the Central Criminal Court, Old Bailey, London A Full Report from the Short-hand Notes of W. B. Gurney, Esq. · 第 22 / 88 题