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._

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 30 / 88 题