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.

7207. Sir _T. D. Acland_.] What is the shortest?--I think I have heard

of its being done in a fortnight.

7208. Sir _R. H. Inglis_.] What is the average passage across the

Atlantic, from the Bight of Benin to the Havannah?--From five to six

weeks; but I think it is done in less time; I think I remember a slaver

telling me, that he did it in something less than a month, but I think

from five to six weeks is the average passage; the great difficulty is

getting immediately off the coast.

7209. _Chairman._] Are the winds mostly on shore?--It depends a great

deal on the season of the year.

7210. Would there be any difficulty in a vessel lying off Cape Palmas,

if it were thought desirable, for the purpose of regulating any

emigration that might proceed from those parts?--I think there would be

no difficulty in a cruizer remaining off Cape Palmas; in lying at anchor

there would be danger, but not in keeping under weigh.

7211. Sir _T. D. Acland_.] Do you think that it would be possible for a

naval officer to undertake the service of clearing vessels for the West

Indies, having ascertained that the natives embarked on board came with

their free will, without any fraud or compulsion?--I think the local

authorities could do that better than a naval officer.

7212. The question refers to those parts where there are no local

authorities; and it proceeds on the supposition that no vessel could be

received with emigrants in the West Indies without a clearance from the

British officer commanding a certain range of coast: could a British

officer in the first place lie off and on, and in the next place, could

he discharge the duty of ascertaining whether the emigrants on board any

vessel submitted to his examination, were or were not engaged on that

voyage without fraud or compulsion?--I think he would have no other

means of ascertaining, but what he was told by the natives themselves.

7213. What course would he pursue; would he muster the emigrants on

deck, and be able to ascertain from them the circumstances under which

they were embarked?--Of course he would have to muster the negroes, and

he would question each whether they embarked with their free will for

the purpose of emigration; but to do that, he would require an

interpreter, and perhaps amongst the number, there might be a great many

who spoke different languages; therefore there would be as many

interpreters required, as there were different languages; and after all,

those people might declare that they had not been asked, and probably

place the naval officer in a very awkward predicament. He would be

subject entirely to the African, who might tell half-a-dozen different

stories in the course of so many months. It would be a very difficult

measure to carry out.

7214. _Chairman._] If they were only to embark Kroomen or inhabitants of

the coast, do you think he would have any difficulty in ascertaining

whether they were free agents or otherwise?--With Kroomen or Fishmen, I

think none whatever; because in the Kroo country and in the Fish country

the slave trade is not carried on, or if it is carried on, it is so

slight that we hardly know any thing about it.

7215. Mr. _Aldam_.] Is there more than one language spoken by the

Kroomen and the Fishmen?--There is some difference of language, but

still they understand one another.

7216. One interpreter would be sufficient with the Kroomen and the

Fishmen?--I think so.

7217. _Chairman._] Would the officer on the station be able

to distinguish Kroomen and Fishmen from the natives of the

interior?--Decidedly, any person could.

7218. So that if he were instructed to sanction the emigration only of

Kroomen and Fishmen, he would be in no danger of confounding them with

any other tribes?--No, they are so distinct a class; they are perfectly

different from any other natives. They differ materially in appearance,

and manners, and language, and every thing.

7219. Then if the emigration were confined to those classes, you do not

apprehend that there would be any difficulty in preventing that

emigration from assuming the character of slave trade?--I think there

would be no difficulty in the Kroo country and in the Fish country. The

difficulty would be on the part of the coast where the slave trade is

known to have been carried on, and where, from the slave trade having

been carried on, the different tribes are so very much intermixed.

7220. Sir _T. D. Acland_.] Could it in that case be done by the

commander of a fort on shore, who if he had time, would be able to

ascertain the facts?--I think it would be an undertaking of great

trouble.

7221. Mr. _Forster_.] Have you made any other seizures on the coast of

Africa than the Augusta?--Several.

7222. Did you seize a vessel called the Sénégambie at St. Mary’s?--Yes,

I seized a vessel called the Sénégambie in the river Gambia.

7223. On what ground was that seizure made?--On account of being

equipped for the slave trade.

7224. Were you aware at the time you seized her that she had been

chartered by the governor of Senegal for the voyage in which she was

engaged?--I do not know whether I knew that at the time of making the

seizure, or whether it was immediately afterwards, but the impression

upon my mind is, that the owner told me in the custom-house that he was

going to Bissao for a cargo of negroes.

7225. Did he not show you his papers and engagements, or rather did you

examine them yourself?--The papers of the vessel when I seized her were

in the custom-house. The vessel had been in the port of St. Mary’s two

or three days.

7226. Did you not examine the papers?--I went to the custom-house for

the purpose of examining the papers, and there I met Mr. Marbeau, the

owner of the vessel, who told me the vessel was going to Bissao for a

cargo of negroes.

7227. Did he not inform you that the negroes were for the service of the

French government?--Afterwards I received copies of an agreement entered

into between Mr. Marbeau and the governor of Senegal, transmitted to me

by the governor of St. Mary’s.

7228. When did you receive them?--While I was at St. Mary’s.

7229. Before or after you had seized the vessel?--I think two or three

days after I had seized the vessel; but those papers are printed in the

correspondence, and they give much better information upon the subject.

I have nothing to guide me but my recollection.

7230. Were there any mechanics or persons on board of her from the

shore, at the time you seized her?--Yes; there were some mechanics on

board of her belonging to St. Mary’s, who were employed in caulking and

fitting the vessel for her intended voyage. There were also on board of

her three small children, who I thought were under most suspicious

circumstances, belonging to St. Mary’s.

7231. Did you think the carpenters and caulkers, who were engaged on

board the vessel from shore, were there under suspicious

circumstances?--No, they were employed on board the vessel, fitting the

vessel for her intended voyage to Bissao for a cargo of slaves. The

Sénégambie was partly equipped for the slave trade; she was lying in a

British port, equipping for a cargo of slaves, where she had been for

two or three days; the equipments were quite sufficient to condemn her,

and she was condemned at Sierra Leone. She was absolutely lying in a

British port equipping; she was to get provisions, and she had

carpenters and men at work upon her belonging to the colony.

7232. Sir _T. D. Acland_.] Was she preparing false decks?--The

slave-deck was partly laid, not wholly laid; she was being generally

equipped for the voyage she was going on.

7233. _Chairman._] Were the carpenters laying the slave-deck?--I cannot

say exactly what the carpenters were doing; I did not see them laying

the slave-deck; but she was fitting out for her intended voyage to

Bissao. There was a slave-deck partly laid, and part of it to be laid,

and I believe they would have finished it.

7234. Were the planks ready for completing the slave-deck lying

there?--I think they were.

7235. Sir _R. H. Inglis_.] But you are certain that part of her

slave-deck was laid?--Yes.

7236. Sir _T. D. Acland_.] Did you seize her upon the ground of her

partial equipment?--Her equipment was the ground upon which I seized

her.

7237. _Chairman._] And it was the ground of her subsequent

condemnation?--It was; the equipment was perfectly proved.

7238. Mr. _Forster_.] Do you wish the Committee to understand that that

vessel was chartered by the governor of Senegal for a voyage to Bissao,

and that she was not fitted out for that voyage at Senegal?--That I

cannot say; I found her partly equipped, and lying in a British port,

equipping for her intended voyage. She was so far equipped for the slave

trade that there were ample grounds for my seizing her; and she was

there caulking, fitting, and preparing for sea. She was to receive

provisions for her intended voyage from the colony of St. Mary’s; at

least, so I was informed by the supercargo.

7239. How do you account for the vessel coming from the neighbouring

French settlement of Senegal to fit out for the purpose of receiving

those negroes at the Gambia?--It is a most extraordinary thing, in my

mind, that a vessel should sail from a French port, only distant 50 or

60 miles, and come to an English port, and there remain for two or three

days, with people at work upon her, caulking and repairing her, and

fitting her for sea.

7240. Mr. _Aldam_.] Had she had bad weather?--No, nothing at all of the

sort; by the vessel’s papers she was not out of Goree more than one day

before she arrived at the Gambia; I think less than one day.

7241. Mr. _Forster_.] Do you wish the Committee to understand that the

vessel did not arrive at the Gambia with all her fittings for the

voyage?--I have before stated that the vessel was lying in the Gambia,

caulking and equipping for her intended voyage. It is impossible for me

to state whether she brought her slave-deck with her to the Gambia, or

whether she procured her slave-deck at the Gambia; but if she came to

the Gambia with all those equipments on board, I would ask what can be

thought of our custom-house officers at the Gambia?

7242. Do you think the custom-house officers at the Gambia would very

readily conceive themselves entitled to seize a French vessel, chartered

by the governor of Senegal?--The vessel being chartered by the governor

of Senegal could have nothing to do with the laws that prevail in a

British port. The French governor of Senegal cannot be regarded in an

English port; our own laws are what are to govern our officers. The

custom-house officers’ duty was to seize a vessel that was acting

contrary to the laws of a British port.

7243. Therefore you think it was no excuse for the custom-house officers

that she was employed in the service of the French government?--None

whatever, because the custom-house officers, in all probability, would

be perfectly ignorant of that circumstance, as I was myself. I seized

her, and I was not aware she was employed by the French government till

I had seized her one or two days.

7244. Sir _R. H. Inglis_.] The last question, and your last answer, have

assumed that the vessel was employed in the service of the French

government; is that what you wish the Committee to understand in respect

of a vessel chartered by the governor of Senegal: might it not have been

a speculation, on the part of the governor, as an individual, not

involving any responsibility on the part of the government of

France?--Undoubtedly it is very possible that it might have been a

speculation on the part of the governor of Senegal without the knowledge

of the French government; but in the case of a vessel equipped for the

slave trade in a British port, whether she is employed by the governor

of Senegal, or the governor of Bissao, or the governor of any nation,

cannot in any way affect our laws.

7245. Mr. _Aldam_.] Was this vessel, which was fitted up for the purpose

of procuring negroes for the French service, fitted up as an ordinary

slave ship?--As an ordinary slave ship.

7246. There were the same means of restraint?--Precisely; iron bars

across the hatchway, and the usual equipment of a slave vessel.

7247. So that it appeared that men were intended to be kept under

restraint upon the voyage?--Certainly.

7248. Mr. _Forster_.] Were there any slave-irons on board?--I do not at

this period remember very minutely her equipment, but there was quite

sufficient ground to authorise my seizing the vessel.

7249. What were those carpenters doing on board?--They were at work upon

the vessel.

7250. Can you describe the work they were doing?--I cannot do that: they

were performing their work as carpenters.

7251. _Chairman._] Do you recollect whether they were caulking outside,

or performing work inside the vessel?--I saw them at work, but I do not

remember whether they were caulking the outside or the inside; but I see

in my report that she had caulkers on board belonging to St. Mary’s, who

were caulking and equipping her.

7252. Mr. _Forster_.] When you found that those carpenters belonged to

St. Mary’s, did you send them on shore?--No, most assuredly not.

7253. Did you seize them with the vessel?--I sent them up with the

vessel to Sierra Leone, and put them into the court with the vessel; and

with respect to the three children that were on board, I considered,

from their age, that they could be in no way connected with the

equipping of the vessel, or otherwise concerned in the vessel beyond a

general suspicion arising in my mind of what was intended to be done

with those children, and I therefore sent them on shore to the governor

of the Gambia, that he might make such inquiry respecting those children

as he might judge proper.

7254. Did you consider that those carpenters, working for hire on board

a vessel in the harbour, were justly chargeable with a participation in

the slave trade?--They were found on board the vessel, and I considered

it was necessary that I should send them with the vessel before the

Vice-Admiralty Court.

7255. Did you consider them as assisting in the equipment of the

vessel?--They were assisting in the equipment of the vessel, and it was

with that view I sent them up; and, moreover, their evidence, if the

court had required it, would have been necessary to show that the vessel

was absolutely equipping in a British port; but perhaps the vessel would

have been condemned without it.

7256. What was the result of the trial?--The vessel was condemned.

7257. Mr. _Forster_.] If the vessel was so fully equipped for the

purposes of the slave trade, as you stated, how could the evidence of

those carpenters be necessary at Sierra Leone?--I have stated that the

vessel was partly equipped, and was completing her equipment in the port

of St. Mary’s; those carpenters being on board, I considered that it was

necessary that I should send them to Sierra Leone for the court to

decide in what way they were punishable.

7258. Were not representations made to you from the shore that those

people were carpenters belonging to the settlement, hired by the master

of the vessel, and in no way answerable for his proceedings, or for the

destination of the vessel?--No official representation was made to me;

perhaps some merchant, or some person connected with some mercantile

houses on shore might have told me so, but I certainly paid no attention

to it, nor did I consider myself bound to pay attention to any thing of

the sort. Had an official representation been made to me from the

governor, of course it would require my greatest attention; but if an

officer in the execution of his duty is to be guided by every person

that he may meet in the settlement telling him this, that, or the other,

there would be no possibility of his ever performing his duty.

7259. But at all events you knew that they were native workmen,

belonging to the British settlement at the Gambia?--Yes; I knew that

from their own story. I sent them up with the vessel, and put them into

court with the vessel, and moreover acquainted the lieutenant-governor

of the Gambia officially that I intended doing so.

7260. Were they put in prison upon their arrival at Sierra Leone?--I was

not at Sierra Leone when the vessel arrived. To the best of my knowledge

they were confined about a month.

7261. _Chairman._] Were they condemned?--I do not know.

7262. Mr. _Aldam_.] Were they confined preparatory to trial, or after

sentence?--I forget, for I was not at Sierra Leone at the time; but I

believe it was the Vice-Admiralty Court that confined them.

7263. Mr. _Forster_.] Do you know whether the carpenters were tried or

not?--I do not know; I was not at Sierra Leone during the trial of the

vessel, but I believe I arrived at Sierra Leone the very day that the

vessel was condemned in the Vice-Admiralty Court.

7264. Did you make no inquiry as to the fate of those carpenters?--No, I

did not, because I left Sierra Leone, I think, the day after the vessel

was condemned, for Portendique, and I had no time to make inquiry on

either of the two days that I was at Sierra Leone. I knew that the

vessel was before the Vice-Admiralty Court who would decide upon the

merits of the case.

7265. Was there a French gentleman also on board the vessel when you

seized her?--There was a French person on board, whom I believed to be

the supercargo, and, I rather think, was the brother of Mr. Marbeau.

7266. Did you find that he was the supercargo of the vessel?--He told me

that he was the supercargo; and I believe that he was the brother of Mr.

Marbeau, the owner.

7267. Was he not a passenger from Senegal to the Gambia?--It is

impossible for me to say what he was.

7268. Had he been on shore at the Gambia previously to your seizing the

vessel?--It is impossible for me to say.

7269. Did you carry a French gentleman from the Gambia to Sierra Leone,

without making inquiry into his character and pursuits, and his

connexion with that vessel?--All persons who were found on board the

vessel, as I have before stated, with the exception of three black

children, I sent to Sierra Leone, because I could not tell, of course,

what he was doing in the vessel; he might be a French gentleman, or he

might be there for the purpose of purchasing slaves; or he might be, for

what I could tell, the very person who had got on board the three

children, who, I have before stated, I thought were placed in a very

suspicious position. My duty was to send everybody found in the vessel I

had captured, on the suspicion of slave dealing, before the court

appointed to adjudicate upon such cases.

7270. How did you consider him to be connected with those three

children?--What I stated was, that he might be; I have not said that he

was; I stated that I knew nothing about him, but finding him in the

slave vessel, I sent him with the slave vessel before the court.

7271. You sent the three children on shore?--Yes; everybody else I sent

before the court; and if any person in the world had been on board the

vessel I should have sent him in the same way; if an English merchant

had been on board, that merchant would have gone with the vessel

likewise before the court; the court is to decide upon the legality or

illegality of the conduct of persons found under such circumstances.

7272. _Chairman._] You conceive that that vessel, by her equipment was

clearly seizable, as engaged in the slave trade?--Yes, or else I should

not have seized her; I took upon myself a great responsibility in

seizing her.

7273. And under those circumstances you felt yourself called upon to

send every person found on board the vessel for adjudication before the

proper court?--Yes; if I had not done so, I should have conceived that I

laid myself open to the charge of not doing my duty.

7274. Sir _T. D. Acland_.] When you find a vessel reasonably suspected

of being engaged in the slave trade, you think those who are found on

board are liable to the same suspicion?--In the case of a vessel seized

amenable to the British law.

7275. Sir _R. H. Inglis_.] Did you not find on board the vessel a

contract between Marbeau and Pellett on the one hand, and the French

governor on the other, to deliver a certain number of “passengers” at

Goree?--This contract for “Blacks” was forwarded to me by the

lieutenant-governor of the Gambia, one or two days after I had made the

seizure, which contract I sent to the Vice-Admiralty court, with the

vessel; every paper connected with the vessel, as well as the contract,

was laid before the court.

7276. Mr. _Forster_.] Were you aware that she was engaged by the French

government before you sent her from the Gambia?--I had seen this

contract, which was entered into by the French governor of Senegal, but

not the French government.

7277. Was the French gentleman, M. Pellett, put in prison also upon his

arrival at Sierra Leone?--I have stated that I know not what was done by

the court at Sierra Leone. Not being in Sierra Leone at the time the

vessel was at Sierra Leone, I cannot say; but, to the best of my belief,

the whole of them were put in prison.

7278. Sir _T. D. Acland_.] Have you known instances of persons in

authority under other governments being engaged in slave dealing?--The

charge has been frequently repeated very strongly of the governor of

Bissao being engaged very frequently in slave dealing, and I verily

believe it myself, because I have frequently detected vessels with

papers given by the governor of Bissao, which vessels were equipped in

every way for being engaged in the slave trade; and I have also some

recollection of some papers being found from the governor of Bissao,

detailing how some slaves that he had sent from Bissao were to be

disposed of.

7279. That slave dealing being contrary to the law of his own

country?--That slave dealing being contrary to the treaty between

England and Portugal.

7280. Therefore the mere fact of finding the name of a governor upon

the papers would not be a complete warrant for the lawfulness of the

traffic in which the vessel was engaged?--I should pay great respect to

the name of the French governor, but I should be very cautious how I

regarded the name of the governor of Bissao, because I have seen so many

instances of papers in which his name has been used to cover slaving

transactions.

7281. Mr. _Forster_.] Was the captain of the Sénégambie a black or a

white man?--I think a black man was represented to me as the captain.

7282. Mr. _Aldam_.] You spoke of the desirableness of having forts upon

the African coast, upon the territory of the native chiefs. What

establishment would it be necessary to have in any such fort?--I should

think if the forts were small and well built, a very few men would be

sufficient; I should fancy the best form of fort to be erected would be

a Martello tower, that they might have one gun upon a pivot, so that for

the defence of the fort it would require very few men.

7283. How many whites?--I should say half white and half black; I should

say a dozen men altogether.

7284.--Would not one or two white officers be sufficient, the rest of

the men being black?--That would do if you could insure white officers

living, but the danger is of one dying, and in that case to whom would

the charge of the fort devolve. It would be necessary to have a

sufficient number of white people, that you might always insure one

person to be in command.

7285. Are there no sub-officers blacks, whom you might entrust with a

command of that kind, subject to the visits of the captains of

men-of-war upon the station?--I think not at present; I think Africa

would require to be much further advanced in civilization before it

would be prudent to trust a fort entirely to black men.

7286. And it would generally happen that those forts would be built upon

an unhealthy part of the coast?--It is almost impossible to select any

part of the coast of Africa as being healthy. One spot may be more

healthy this season than another; but there is very little difference

upon the coast. The coast of Africa, from the Kroo country up to

Senegal, is generally composed of a low swampy mangrove line of coast.

Those mangroves extend frequently from 25 to 30 miles into the interior.

There are spots like Sierra Leone, Cape Verde, and Cape Mount, where you

can find high land; but generally speaking it is all a swampy mangrove

coast.

7287. The spots you would select for those forts for commercial purposes

would generally happen to be unhealthy?--It would naturally so occur,

because they would require to be near the mouths of the principal

rivers, for drawing the exports down from the interior; but I should

think that the communication would be drawn down better from the

interior by opening some communication, or making an agreement or treaty

with some of the inland powerful chiefs, such as the Foolahs, who are by

far the most enlightened race that I have seen, and much more advanced

towards civilization than the people in any other part of Africa that I

have been in.

7288. Sir _T. D. Acland._] Does Teembo belong to them?--Yes.

7289. Mr. _Aldam_.] Would you contemplate in that case having a fort

some distance up the river?--No; in the River Nunez, to which I allude

with respect to the Foolahs, I do not think it would be necessary,

because the petty chiefs immediately at the mouth of the Nunez, who are

now likely to give trouble, would be kept in order by them; I think a

treaty entered into with the Foolah chief, would in a great measure

ensure our trade with the Foolah country. Through the means of the

Foolah chief we should be enabled to carry on trade independent of the

petty chiefs, through whose territory the trade now has to pass.

7290. What kind of treaty would you make with those chiefs?--The object

of it would be to bind the Foolah chief down to afford protection and

security to our commerce, and to people settling in his country, for the

purpose of carrying on trade.

7291. And you think it would be easy to obtain such a treaty?--I think

so; I judge from the opinion given me by a Foolah chief, whom I met in

the Nunez, and who expressed himself desirous that the white people

should not leave the River Nunez, and said that he would be very happy

to escort me up to Teembo, that the Foolah Almaamy would be very happy

to see me.

7292. Over what extent of country would the influence of this chief

extend?--The Foolah country is now very extensive. The kingdom of

Kikandy is in some measure tributary to the Foolah country.

7293. Mr. _Forster_.] Were you at Sierra Leone when the affair of the

Hamburgh vessel, the Echo, took place?--I was at Sierra Leone while the

Echo was there.

7294. Did you apply to the captain of the Echo for some of his crew?--I

met some of the crew of the Echo, who came to me and expressed a wish to

enter the Saracen for Her Majesty’s service, and on meeting the captain

of the Echo, I mentioned to him that those people had done so; but I had

no idea of entering the crew, as they were all foreigners.

7295. Sir _T. D. Acland_.] How far is the Nunez navigable?--For vessels

drawing 10 feet water to Debucca, a distance of 50 or 60 miles; and for

large canoes I should think much higher.

HOUSE OF COMMONS.

_Select Committee on West Coast of Africa._

R. R. GIBBONS, Esq. to MESSRS. ZULUETA & Co.

Gentlemen,

July 15th, 1842.

I send you herewith a copy of evidence given by Captain Hill, of a

later date than that I sent on a previous occasion.

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 31 / 88 题