TRINIDAD.

“By Mr. Latrobe’s Report in 1839, it appears there were 35 Day and

Evening Schools, and 14 Sunday, of all denominations; whereas, by the

Return of the Society for the Propagation of the Gospel, the

Established Church alone has now 28 Schools, and it is calculated that

the present number in all is not less than from 50 to 60. As regards

Churches and Chapels, there are no less than 18 connected with the

Established Church, 11 Roman-catholic, 4 Wesleyan, and 1 Presbyterian,

together 34, for a population of from 50,000 to 60,000 souls; this

would give a School for every 1,000 souls, and a Church for every

2,000.

“In the Colonial Estimate for this year, there is a provision of

1,660_l._ for the Established Church, and for the Roman-catholic

3,236_l._, as fixed expenditure, besides 5,865_l._ towards building

Churches, and 1,937_l._ towards Education.”

“The soil of Trinidad is a rich marl that requires no manuring

whatever, and of such soil there are fully one million of acres in

brushwood and forest. Were there only a sufficiency of labour every

British market might be amply supplied with Sugar from this one

Island; hence, Foreign Sugars would be excluded, and the Slave Trade,

as it refers to Great Britain at least, would be practically

discouraged.

“In Trinidad too, Christian Ministers can live and labour with far

less risk of health and loss of time. Government is also extremely

willing to give half the amount required for the erection of Chapels,

School-houses, Teachers’ Salaries, &c. in any part of the Island where

we may have even a small Society of Emigrants.

“It is therefore my deliberate conviction that the people would gain

an accession to their religious privileges by quitting any part of

Western Africa for the Island of Trinidad.

“But again I think that the worldly circumstances of the Emigrants

would be considerably advanced. The labourers may very easily earn

half a dollar per day on their arrival here, and in a couple of weeks,

that is, as soon as they fully understand the nature of the work, the

able-bodied may make a dollar. A house and garden are given to every

labourer. On these particulars Mr. David and the labourers who have

returned with him will be able to satisfy you[9].”

[9] Extract from Letter addressed by Rev. J. Blackwell, Wesleyan

Minister in Trinidad, to Wesleyan Ministers at Sierra Leone.

Now after looking at such a picture, drawn from the most unsuspected

sources, we cannot doubt that, whether for the homeless Negro just

rescued from the hold of a Slave Ship, or for the ignorant and

uncivilised African who comes down to our Settlements to pick up a

small pittance by the hardest labour, and to return with it to his

barbarous home, it would be of the highest advantage, it would be the

greatest blessing, to make such an exchange. But how is it with the

Liberated African of Sierra Leone, who has been enjoying perhaps for

years the fostering care of the British Government? Now to that

Government, beyond his rescue from the Slave Ship, and emancipation

from future Slavery, and a temporary sustenance, and his being placed

within the reach of Missionary efforts, to which it has not

contributed, the Liberated African cannot fairly be said to owe much.

To the invaluable exertions of the Church Missionary Society more

especially, and also to a considerable extent, as in all our African

Settlements, to the Wesleyan body, the highest praise is due. The

former expend nearly 7,000_l._, the latter nearly 2,000_l._ annually

upon the Religious Instruction of the Colony. By their efforts nearly

one-fifth of the whole population, a most unusually high proportion in

any country, are at school, and the effects are visible in

considerable intellectual, moral, and religious improvement,--very

considerable under the peculiar circumstances of such a Colony. But a

few ill-supported Schools and one Chaplain is all that has been

contributed by the Government to the religious and moral improvement

of those of whom she has undertaken the protection, and their social

improvement has been unattempted. No Model Farm has been established,

no instruction in Agriculture has been afforded. The rate of wages,

when any are earned, which is chiefly by a few in the neighbourhood of

the towns, is 4_d._ to 7_d._ a day, and with this and a little

cultivation a sufficient subsistence, though nothing more, is gained.

The extent of good soil is limited; the inhabitants wander out of the

Colony for the subsistence which they cannot find within it. There is

little industry, there are small facilities for trade, as the Colony

itself produces little to export save a little arrow-root and ginger,

and the River which it commands is only navigable for 30 or 40 miles

to any useful purpose, and supplies no article but timber and camwood.

With such a climate, therefore, and thus circumstanced, the Colony can

never invite the residence of planters or of merchants of considerable

capital, or become a favourite with officers, either civil or

military, of a higher order. What elements of prosperity, therefore,

can it have? The Government has not done much, but under any

circumstances the Colony must be an artificial creation. The

Government ought to have established a Model Farm, or in some way

communicated agricultural knowledge; and we would recommend that it

should be attempted even now. But, after all, what is that to the

magnificent Model Farms which would surround the African in the West

Indies?

We need hardly add more to prove that it would be well for the

African, in every point of view, to find himself a Free Labourer in

the free British West India Colonies, enjoying there, as he would,

higher advantages of every kind, than have fallen to the lot of the

Negro race in any other portion of the globe.

We pass the question, though not absolutely to be lost sight of, that,

in Sierra Leone, the newly liberated African is a burden to the

British Government as well as to himself; and that, in the West

Indies, not only would his own condition be improved, but he would

become a source of wealth and prosperity to the Empire. But we must

not omit the advantage to Africa, of the probable return to her soil

of many of her own sons, enriched with civil and religious knowledge,

and bringing back with them wealth, and the means of wealth and

civilisation; “that reflux of the West upon the East, in moderate

numbers, and managed with caution,” in the words of Sir John Jeremie,

“to which we must look for the civilisation of the East.”

But Your Committee had next to consider, whether, in achieving this

object, any danger existed of creating a real, or plausible suspicion

of a real, Slave Trade under another name.--Under proper regulations,

they think there is not. A free passage may be offered to the African

already settled within the colony, and to the Free Settler or other

Native, who shall have remained long enough in the Colony to give the

authorities sufficient time to ascertain the circumstances under which

he came, and to assure themselves that they were entirely free from

all suspicion of fraud or force. To such as thus leave their homes, a

free passage back at the end of a certain period, say three or four

years, might be promised, with full permission to them to return at

any time at their own expense. To the homeless African, newly

liberated, the option should be given of settling at once in the West

Indies, if he please, with permission to return hereafter at his own

cost, or of removing from Sierra Leone, or of remaining in it on the

first adjudication, if he undertake for his own maintenance, or can

find friends or relations who will undertake it for him.

With regard to the Kroomen, however desirable they may be as

labourers, and however advantageous the object may be to themselves,

we are not prepared in the first instance to recommend other

facilities for emigration than those which we have suggested to be

offered to other Natives who might desire to make use of a British

Settlement as a point of departure[10]. If they should desire, as it

appears that it is not improbable they may, to make a Migration across

the Atlantic, with their habits they will find no difficulty in making

their way, for the purpose, to Sierra Leone, where some hundreds or

even thousands of their brethren habitually reside, some of whom have

already emigrated to Guiana, and seem to be as active in the field, as

we have long found them to be on the sea, and to be well pleased with

the experiment.

[10] On this point, however, we beg to refer to the important evidence

of Capt. Denman, who thinks that on account of the peculiar character of

the Kroomen, emigration, with common precaution, might be conducted from

their coast without risk of abuse. _See_ Q. 6995, _et preced._

If it should hereafter be thought desirable to form any Settlement on

the Kroo Coast, however small, it might facilitate arrangements

similar to those which we have recommended for the other Settlements.

Or they might possibly hereafter be embarked from the Coast itself

under the superintendence of a man-of-war. (_See_ Capt. Denman.)

The same door might be opened, under the same precautions, from the

Gambia; but with regard to the Gold Coast, the supply of labour there

not appearing to be more than necessary for the wants of the country,

we would not recommend any peculiar facilities to be afforded.

The expense of the Emigration would of course be defrayed by the

Colony to which each successive band of Emigrants was directed.

All this of course cannot be secured from abuse without the strictest

superintendence of some Government authority; which we believe,

dealing as it would do only with British Settlements, would be

substantially effective. But we would earnestly recommend, that it

should rather be undertaken altogether by the Government itself. In

that way only can perfect security be given and felt against the

abuses which might arise from the competition of the Agents of rival

Colonies; in that way only can perfect confidence be given, whether to

the African himself, or to the public opinion of England and the

civilised world, that nothing shall be done which shall even bring

suspicion upon a reputation, of which we are justly jealous, of which

we can still be proud, and which it is of the highest importance that

we should sustain. But under these sanctions, whether we look to the

effect of the prosperity of our Free Colonies in discouraging the

Slave Trade, or to the advantage of placing the African in that

position where he will be most likely to raise himself in the moral

and social scale, and to react beneficially upon the destinies of his

Mother Country[11], Your Committee cannot but strongly urge upon

Parliament not only not to prohibit the Emigration of Free Blacks from

our African Settlements to our West India Colonies, but to encourage

and promote it by the authority of Government, under the sanctions and

regulations above suggested, or such other as further consideration

may supply.

[11] To prove that this expectation is not altogether even now

unsupported by facts, we beg to quote a passage from a letter in the

Appendix, from Messrs. Anderson & Co.: “Demerara, 30 April, 1842. The

Superior is off to day for Sierra Leone; 68 people have gone in her,

including children, and with the exception of three or four, who are old

soldiers, the whole of them are people who came seven or eight years ago

from the Bahamas, (liberated Africans?) and they return to their native

country with a good deal of money; three of them have not less than

5,000 dollars each.”

As we have said before, the way in which this question is disposed of

will affect materially other questions connected with the internal

administration of the Colony.

If Emigration should go on to any great extent from the settled

Population of Sierra Leone, which we believe it might without in any

way injuring the condition of the Colony, but rather the reverse, (for

the rate of Wages would probably rise, and it appears that it is not

the successful and thriving who are inclined to go), it will probably

be possible to dispense with some of the Establishment which is now

requisite for watching over the interests of the Liberated Africans.

If, on adjudication, they are mostly located in the West Indies, the

much-discussed question of the best means of disposing of them, of the

necessity of maintaining them, as now, for six months, or the

expediency of leaving them at once to their own resources and the

charity of their countrymen; the question of the best means of

disposing of the Children, and the ever-new devices of successive

Governors for escaping from the inevitable evils of apprenticing them

to persons on whose character no dependence can be placed, will be got

rid of; and the British Government will be relieved from the necessity

of attempting to overcome the obstacles which nature seems herself to

have interposed at Sierra Leone, in the way of ensuring a prosperous

condition to the objects of its humane care.

We now come to the question which has of late excited so much interest

and feeling, that of the facilities which British Commerce is charged

with having furnished to the Slave Trade, and to the extent and nature

of the connexion which exists between them; a question which must be

considered dispassionately and soberly, rather with a view to what is

best for the object upon the whole, and to what is practicable, than to

what might at first appear to be desirable, and what might be perhaps a

partial good, producing possibly, in other ways, a greater evil. _Now,

in the first place, it is fair to state that we have no evidence, or

reason to believe, that any British Merchant concerned in the trade with

the West Coast of Africa, either owns or equips any vessel engaged in

the Slave Trade, or has any share in the risks or profits of any Slave

Trade venture. The charge is this, and it must be admitted, that whether

by selling condemned Slave Vessels back to Slave Dealers, which is the

rarer case, or, which is the more common, by selling to Slave Dealers

lawful goods, which are afterwards employed in barter for Slaves

(whether circuitously by sale to Merchants in Cuba and Brazil, or

directly on the Coast of Africa), the British Merchant and Manufacturer

does, in common with the Merchants of other nations, furnish very

considerable facilities for the Slave Trade._

It must further be admitted, that owing to the equipment article in our

recent Treaties, which has prevented the actual Slaver from hovering on

the Coast in safety, a large portion of the goods necessary for the

Slave Trade is driven into Vessels innocent in their apparent character,

but subserving the purposes of the Slaver; and that, in consequence, a

somewhat larger portion of this kind of traffic may possibly now pass

directly from the English or other Merchant to the Coast of Africa, than

heretofore, when those supplies went round by Cuba and Brazil in the

Slavers themselves, without risk of capture.

Now an opinion has prevailed, and that in very influential quarters, and

it runs through Dr. Madden’s Report, that at least such direct dealing

is illegal, and punishable under the Statute of the 5 Geo. IV, c. 5; and

if not so already, the same parties would urge on Parliament to make it

so by new enactment; and some even would extend it to all connexion,

however indirect, in which a guilty knowledge of the destination of the

goods or of the Vessel could be presumed. Now this view of the Act is

not unnatural, owing to the general and comprehensive nature of its

language, and to the desire which must naturally exist to understand it

in as comprehensive a sense as possible for the obstruction of so odious

and detestable a traffic as the Slave Trade. But looking closely at the

language of the Act itself, and to the interpretation put upon it by the

Law Officers of the Crown, as alluded to by the Under Secretary of the

Colonies, in his letter to Dr. Madden, April 1842, and to the opinion of

the Attorney General in the case inserted in the Evidence, _we cannot

affirm it to be illegal now_, and we shall presently state to The House

why, however reluctantly we may come to the conclusion, _we are not

prepared to recommend that it should be made so_.

Now in the first place, it is difficult to consider or to make that

illegal, which is and has been done at Sierra Leone for years, by a

Court of Judicature, (in doing so, acting under Treaties and under the

sanction of an Act of Parliament, namely,) selling publicly, and to the

highest bidder, Prize Vessels and Prize Goods condemned for Slave

Dealing, indiscriminately, and without precaution or restriction, to

persons of all descriptions, including Slave Dealers themselves, and

which, in regard to vessels at least, had been practised in that Colony

by persons of high character and station unreproved. But if it should be

made illegal hereafter to sell a Vessel to a party concerned in the

traffic in Slaves, the next question, and one that a Legislative body

must consider, is, in what manner shall such a prohibition be enforced?

A bond that the Vessel shall not be disposed of to a Slave Dealer has

been proposed; but how shall the Vessel be prevented from passing very

shortly from hand to hand till it reaches an unlawful owner? and is it

not unwise for the Law to attempt that which it has so little means of

effectually enforcing? There seems no remedy for this, which at Sierra

Leone, in the heart of the Slave Trade, and where the Vessel is often

sold for half its value, is an evil substantially as well as in feeling,

but that of extending the provisions of those Treaties which direct that

a Slave Vessel shall be broken up, not sold, and altering our own

Municipal Law to the same effect.

But in regard to goods and merchandise, should the Committee advise The

House to make such dealing illegal? Now all the witnesses, even those

who advocate this view most strongly, admit that legitimate trade, by

which is meant the exchange of merchandise for produce, is most

beneficial to Africa, and co-operates materially with the cruizer in his

operations, whether directly by the assistance and information with

which the British trader supplies him, or indirectly by diminishing the

necessity of a trade in Slaves, as the means of procuring European or

other goods; they admit that nothing therefore would be more injurious

to the interests of Africa, than to interfere materially with the

operations of lawful commerce. It appears, moreover, that in every place

on the Coast North of the Line, (to which limits our inquiries have

mainly been confined,) with the exception of perhaps two or three

points, a lawful trade of more or less extent is or has been carried on

contemporaneously with, and often, nay generally, by the same persons

as, the Slave Trade: they have told us that the same goods, such as

cottons, rum, tobacco, guns and gunpowder, are employed in both trades;

and that, although those employed in the Slave Trade are often of an

inferior description, yet that quality alone will not furnish the means

of distinguishing between one and the other, and that, practically,

there are no means of making such a distinction; they have told us that

any restriction on traffic which they would recommend, must therefore be

confined to places or persons _solely_ or _principally_ concerned in the

Slave Trade, and that the law should not attempt to interfere with any

other. The question still remains, how this is to be carried out?

With regard to those places, where the Slave Trade has been

extinguished, no difficulty will arise; but with regard to those places,

not few in number nor of slight importance, where, as in Bissao now, and

as it has been and may be again, in the Brass and Bonny Rivers, the most

important marts for lawful trade upon the Coast of Africa, a trade in

produce and slaves is carried on together and by the same persons; or

where, as in Whydah and Popo, a trade in produce has been gradually

growing up and gaining upon the Slave Trade in proportion as the

enterprise of the British merchant pushes on the one and the vigilance

of the British cruizer checks and cripples the other, how should the

Legislature deal with them? Shall they be lawful or unlawful ports or

persons? What is to legalise the traffic in such cases? What proportion,

or what positive amount, of lawful traffic? But, indeed, how is the

lawful traffic to spring up at all under such circumstances of

exclusion?

Some witnesses have argued, that this question of degree need not be

defined but may be left to be solved by the practical sense of a jury.

By what jury? In England or at Sierra Leone? Under what uncertainties

and obstructions would the most scrupulous trader deal with the Coast

of Africa, if, for the misinterpretation of such instructions, as the

nature of such a case will admit, by a supercargo, his vessel and

goods are liable to be brought some hundreds or thousands of miles out

of their course, to have the question decided by a jury, whether some

person or some factory dealt with was _principally_ or not engaged in

the Slave Trade, it being unlawful if _principally_, lawful if

_partially_, in some unknown and varying proportion, so engaged.

The question for the Legislature to consider is, whether it is worth

while to do all this, to infuse so much risk and uncertainty into a

trade which it wishes to encourage, which it looks to as one of the

main instruments for the civilisation of Africa, for the sake of

interfering with so small a proportion of the facilities which

commerce, permitted at all with Africa, under her present

circumstances, must of necessity afford more or less to the Trade in

Slaves. For unless all other countries can be persuaded to take the

same view, it must indeed be a small proportion, and little indeed

will have been done towards the object; an obstruction will merely

have been raised for such length of time as may be required for

conveying the same goods from England or from foreign countries

through other channels. It would be merely a transfer, and a transfer

to parties less friendly to the object, and less under control. We

have had ample evidence, that foreign vessels already carry on this

trade to a considerable extent; nor is there any right by existing

treaty with foreign nations, nor can it be expected, that we should

obtain it, to interrupt foreign vessels engaged in such a traffic.

But indeed, how would it be carried out? The right of search, in any

shape, is one, as we know by experience, that requires the greatest

delicacy in carrying out with the ships of friendly nations. But what

kind of search must that be, which would seek to ascertain, on board

of an apparently innocent vessel, innocent in her build and in her

equipment, and freighted with innocent goods, whether the destination

of such goods was not made unlawful by some document hidden in the

most obscure recesses of the vessel? How prolonged, how minute,

consequently how irritating at all times, how vexatious, if

unsuccessful; how likely to be unsuccessful, if not guided by more

obvious indications; how likely consequently to lead to disputes and

collisions among nations, most injurious, if not fatal to that

harmonious co-operation for the common object which is so absolutely

essential to success. It must not be lost sight of how large a share

of these evils must be inflicted on those who are engaged in our own

lawful commerce, if such a search be applied to them.

Now if we were bound by a rigid principle to do this, these arguments

must be rejected, as not affecting a case of conscience; but in this

case we are not trying the value of a rigid principle. The principle

would be intelligible which dictated the absolute interdiction of all

commerce with every place from which a single Slave was exported; or,

further still, with every place from which a Slave Trade was carried

on, such as Cuba and Brazil; or if it dictated a prohibition to send

goods where there was a probability that they might be exchanged for

Slaves. But this arbitrary and uncertain limitation, so little capable

of being referred to strict principle, and yet so injurious to lawful

commerce, can only rest on the ground of its expediency, of its

tendency to attain or promote the object; must submit to be tried by

that test, and so tried will be found wanting. It is no doubt galling

to a zealous and gallant officer, engaged in the service of his

country and humanity in watching anxiously a well-known slaver’s

haunt, to see foreign vessels, still more vessels bearing his own

country’s flag, passing inwards and supplying those goods, though

innocent in themselves, which are the medium of an atrocious traffic;

it is not surprising that under such circumstances that feeling should

have arisen which appears in Dr. Madden’s Report, and in the Evidence

of several, especially the naval, Witnesses. It is a feeling natural

and honourable in itself; and we hope that the English merchant,

animated as he is by the same feelings of horror for the Slave Trade,

will endeavour to extend the influence of those feelings through the

whole circle of his transactions. But we cannot recommend that a

provision so difficult to be carried out, so vexatious and yet so

ineffectual for its object, should be made the subject of Legislation.

Happily in this great work we need not despair. The measures lately

adopted have done much. The evidence of all the Naval Officers as well

as Commanders of Merchant Ships, concurs in stating, that North of the

Line, over a coast of many thousand miles, the Slave Trade, with the

exception of a few points in the neighbourhood of Sierra Leone and the

Gambia, is virtually extinct. And the continuance of these measures,

well guarded and considered in all their details, as well as extended,

together with such as we have recommended in different parts of our

Report, give fair ground for hoping for ultimate success. Under this

head we would venture to recommend that none but the swiftest vessels

should be employed; that some of the best Prizes should be converted

to the purposes of the service; that Steamers should be engaged in

watching the intricacies of Islands, and the mouths of Rivers; that

the system of paying by Head-money, so unjust to gallant men[12], or,

perhaps, by Bounty at all, should be reconsidered, and possibly

replaced by higher pay and the prospect of promotion. Encouragement

and ample protection, at the same time, should be given to lawful

trade in every shape[13]; and the Settlements which we hold, or which

we may form, upon the coast, should be kept open indifferently to all

nations as to ourselves, that they may see, and be compelled to

acknowledge, that in all we are attempting for Africa, we are only

endeavouring to provide a feast of which all may equally partake; and

seeking, as the reward of our exertions, no advantage to ourselves

save that which may fairly fall to our lot from a proportionate share

of a more abundant table, spread out for the common benefit of all.

[12] As an instance of the injustice of this system, we beg to refer to

a case cited by Captain Denman (Q. 7099), in which it appears that the

capture of two vessels, of the aggregate capacity of 80 tons, which

would have held 700 slaves, was remunerated with no more than 576_l._,

because they were empty; while that of a single vessel, of little more

than half that tonnage, brought in 1,654_l._, because she was full. Thus

the least laborious and dangerous, as well as the least effective

service, receives the highest reward.

[13] Perhaps one or two vessels might have this specific duty assigned

to them, apart from the general operations of the Cruizers connected

with the Slave Trade.

IN THE CENTRAL CRIMINAL COURT.

REGINA _v._ ZULUETA.

_Counsel for the Prosecution._

MR. SERJEANT BOMPAS.

MR. SERJEANT TALFOURD.

MR. PAYNE.

_Counsel for the Defence._

MR. FITZ-ROY KELLY.

MR. CLARKSON.

MR. BODKIN.

_Attorney for the Prosecution._

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 51 / 88 题