Chapter XIII: Part 13

7057. What is your opinion as to the advantage of transporting the slaves as soon as they are emancipated, from Sierra Leone to the West Indies?--The treaties embodied in the Act of the 5th of Geo. 4, provide that slaves shall be located in the territory of the nation of the capturing cruizer. This provision is fulfilled, when slaves captured by a British cruizer are emancipated at Sierra Leone. When slaves so captured are emancipated at Havannah, they should be removed to whichever of the British West India islands it is honestly believed they will be best placed for their own welfare and happiness. I utterly deny the right to consult the interests of any other parties whatever in their location. It has been argued that it would be beneficial to Sierra Leone to send negroes after emancipation in the West Indies, and that the Act in question authorises the Government to compel slaves emancipated under its provisions to serve in the Army or Navy, or to send them where it pleases. But to carry this provision out to its full extent would be but to perpetuate their slavery, contrary to the whole spirit of the Act; nor could the forcible removal of these poor creatures from an asylum containing thousands of their countrymen, and possibly many of their near kindred, be rendered justifiable by any consideration whatever. I have seen a cargo of slaves, after the completion of one voyage across the Atlantic, condemned to another for their own supposed benefit; and I can bear witness to the horror of the victims, when they found themselves once more on the “middle passage.”

7058. What circumstance do you allude to?--The vessel which I stated before, that I took from Rio Janeiro to Sierra Leone, a slave ship, with a cargo of slaves which had arrived there, and had been there seized. Further I would say, let the subject be considered with regard to foreign governments. The Dutch government not long ago purchased slaves at Elmina, who, after nominal enfranchisement, were forcibly transported to the island of Java. It is undoubted, that a vessel employed in carrying them would be subject to capture by a British cruizer, and condemnation at Sierra Leone. Had such a case occurred, and the negroes after emancipation been immediately transported to Trinidad, or to Demerara without their own consent, how could such a transaction be vindicated in the eyes of Europe? Voluntary emigration from Sierra Leone may very properly be encouraged by all fair means. The number of emigrants cannot, however, amount to any considerable extent, compared with the wants of the West Indies.

7059. Mr. _Forster_.] Are you well acquainted with the land in the neighbourhood of Accra?--No; I have not been to Accra. I only know that the British settlement is confined to the walls of the fort.

7060. Are you aware of any difficulty that would arise in acquiring territory in the neighbourhood of Accra?--I believe there would be no difficulty; but it is the fact that we have no territory now.

7061. But if it were deemed advisable to establish the Mixed Commission Court there, are you aware of any difficulty in acquiring territory for the purpose of locating the liberated Africans?--No; I believe that territory might be obtained if it were desirable in other respects. But I believe it is not desirable in other respects.

7062. Captain _Fitzroy_.] Have any liberated Africans been employed at Ascension; and if so, how have they conducted themselves?--I have a letter from a gentleman who was adjutant in the Island of Ascension, under whom those Africans were employed, Lieutenant Wade. I beg leave to state that in this letter, as regards the first party to which he alludes, from my own knowledge I can say that he has very much understated the difficulty that existed with them. They were very troublesome in every way. He expressed to me verbally, in the strongest terms, the contrast between the people who had not received the benefit of residence at Sierra Leone, and those who had.

[_The letter was delivered in, and read as follows_:]

Sir,

London, 23 June, 1842.

I have the honour to address to you the following facts relative to
the liberated Africans employed by Government on the Island of
Ascension, and which you may be pleased to lay before the African
Committee for their information.

The liberated Africans attached to the establishment are 33 in number,
and are relieved every three years if they wish it; they are paid in
three classes. The first class receive 6_d._ and the lowest 4_d._,
according to their merits; they receive a full ration of provisions,
but no spirits, except the head man, who is paid and victualled as the
marines.

I was three years on the island, the last two as adjutant, and as such
these people were more immediately under my control; and therefore I
am enabled to speak confidently as to their general conduct.

I found them easily managed, especially the last party which arrived
in December 1840, who being residents at Sierra Leone for many years,
were most useful and intelligent men; most of them had learned to read
and write, and several had been brought up to trades and were
industrious; whereas the former party, who were sent direct from the
slave-yard (as it is commonly termed), were difficult to instruct,
owing to their ignorance of the English language.

Each man is permitted to bring his wife.

I have, &c.

To Captain the Honourable (signed) _Jno. Wade_, Lieut. R.N.
Joseph Denman, R.N.

7063. Mr. _Forster_.] As you appear to consider Sierra Leone as a desirable place for landing and locating the liberated Africans, how do you account for so little progress having hitherto been made in agricultural improvement and in carrying civilization into the interior from that part, up to the present time?--I consider that the liberated Africans of Sierra Leone have made a wonderful advance, comparing them with their condition when landed from the slave ships.

7064. Is it not the fact that no progress has been made in cultivation or in planting in the neighbourhood of Sierra Leone?--No advance has been made because there has been no inducement held out to them; but the people have made wonderful strides, in my opinion, in civilization, and the condition of the liberated Africans is quite extraordinary, comparing them with the state in which they were landed, considering the very short time that has elapsed since the first Africans were liberated there from the slave ships.

7065. Is it not upwards of twenty years that the system has been going on there, and would not that afford ample time for greater improvement than is perceived there at this moment?--Considering the great numbers that during the twenty years have been landed from the slave ships, and their condition, I think the advance is more than could have been expected, considering that no inducement has been held out to agricultural pursuits.

7066. Are you acquainted with the banks of the Gambia and the land in the neighbourhood of our settlement there?--I have been in the Gambia a good deal; I cannot say that I have any perfect knowledge of the banks of the river.

7067. Would you think that the Gambia affords a more desirable location than Sierra Leone for cultivation?--I think, perhaps, for that particular object it may, but I am not at all sure of that.

7068. _Chairman._] Sierra Leone furnishes very little exportable produce of its own?--I am not aware that it exports any thing of its own, but the country we are about to purchase affords means of raising produce, if it is encouraged; I mean the Quia country.

7069. You think it desirable that the limits of the colony of Sierra Leone should be extended?--I think undoubtedly, both up the river and coastwise; I consider that the plans of General Turner were in the utmost degree wise and enlightened, and it is very much to be regretted that they were not followed up.

7070. Sir _T. D. Acland_.] When you say coastwise, do you mean north or south?--I think south to Cape Mount, where a settlement is already established, I would purchase the sovereignty, and establish one or two settlements between Cape Mount and Sierra Leone.

7071. Including the Sherboro’?--Including the Sherboro’; Boom Kittam General Turner already had. With regard to the Gambia I should wish to observe, that to bring forth the resources of that colony a steamer on the river is indispensably necessary, and in my opinion she would pay her own expenses, if she were allowed to carry light goods up and down for the merchants, as a sort of packet.

7072. _Chairman._] Would there be any difficulty in manning a steamer almost entirely with blacks, so as to expose very little, if any, white life to the risks attending the navigation of the river?--For the services of colonial steamers, I believe they might be entirely manned with black people, and in the course of a few years, even with black engineers.

7073. Mr. _Forster_.] Are you aware that the French have two or three steam boats generally on the Senegal?--I am aware that the French have steamers, that they are exercising the utmost rivalry against British commerce upon the coast, and that they derive the greatest possible advantages over British commerce by the use of those steamers.

7074. _Chairman._] Is there any thing at present to prevent the establishment of mercantile steamers, either at Sierra Leone or at the Gambia, as a private venture?--As a private venture, certainly not; but it would not be worth the while of any individuals to make the speculation.

7075. Sir _T. D. Acland_.] Are the French steamers government steamers?--They are government steamers attached to the colony of Senegal.

7076. _Chairman._] What sized steamers would be required for the purpose that you contemplate?--I should say very small steamers for the Gambia itself; as small as the London boats that run above bridge; but their services would be required entirely for that river, and perhaps for the Casamanza.

7077. Mr. _Forster_.] Would not a steamer on the Gambia be very important for the Government communication with Macarthy’s Island, and generally up the river?--It is the only way that settlements up the river can be supported or protected in my opinion; it would have the effect of quadrupling the force there now, and it is the only means by which we can, in my opinion, bring out the resources of the upper parts of the river, which are so great.

7078. _Chairman._] Is the force of the current generally so strong as to render it extremely difficult to navigate up the stream with sailing vessels?--It frequently takes a week or 10 days to get a good-sized vessel up to Macarthy’s Island, where now our highest settlement is; but we should have one still higher.

7079. You conceive that there are immense resources up the river?--I do; I believe that a supply of gum might be obtained at the Gambia equal to that which we have been deprived of by the French at Portendique, if proper measures were taken. At Portendique, for the last two years, there has been no trade at all.

7080. Mr. _Forster_.] In your former evidence, in answer to question 6674, in reference to the importance of British settlements for the suppression of the slave trade, you say “I spoke more particularly of Sierra Leone, at the same time the connection of the Gambia trade with the slave trade is a fact that there is no doubt about;” are the Committee to understand that you mean that Sierra Leone and the Gambia are on the same footing in that respect?--I think they have assisted the slave trade in very different ways; one way in which they have both assisted, is by the sale of vessels to the slave dealers; but the trade in the Gambia goes hand in hand with the slave trade of Bissao, as I before stated; at Sierra Leone it has been more directly by the sale of vessels, and some few goods passing down through their hands to the Gallinas and elsewhere.

7081. Will you have the goodness to explain to the Committee your meaning in saying that “the connection of the Gambia trade with the slave trade is a fact that there is no doubt about”?--I should have said the external trade of the Gambia; the trade up the river is another thing. As regards the external trade of the Gambia, the greater part of the trade is through the hands of notorious slave dealers, who sell produce, and give money to the Gambia merchants, and who in return receive goods from the Gambia; and those goods are the means again of purchasing slaves and produce; that is a connection which I consider is a very direct one.

7082. _Chairman._] You do not mean, that merchants trading at the Gambia are themselves personally interested in any slave trade adventures, or have any share in the profit or loss of such transactions?--No; I have no reason to suppose that such is the case directly.

7083. Sir _T. D. Acland_.] Do you mean to say that the goods so furnished to the slave dealer are essential to the maintenance of the slave traffic?--I believe they might get goods elsewhere, if those were not supplied by the Gambia merchants.

7084. But still goods from some part are essential to the maintenance of the slave traffic?--Indispensable; all their slaves are bought with British goods.

7085. _Chairman._] Could they not obtain their slaves solely with money?--I think not.

7086. Sir _T. D. Acland_.] What is the state of civilization of the people upon the Gambia?--The banks of the Gambia have been disturbed for several years by a man of the name of Kemingtang, and a great deal too much forbearance has been used towards him. I do not think the people in general upon the banks are in an advanced state of civilization, by any means.

7087. Its progress has been interrupted by this man’s disturbance?--This man has occasioned mischief, but I do not think it was making progress to any extent.

7088. Mr. _Forster_.] You appear to distinguish between legitimate and illegitimate trade by the mode of payment; that is to say, according to whether the payment is in money or in produce?--I have already said that, strictly speaking, in the strict sense of the term, “legitimate trade,” that is, trade which has no communication with the slave trade in any way whatever, is that in which goods are exchanged for produce.

7089. Would you recommend or expect that a trader on the coast of Africa should refuse dollars in payment of his goods to any body?--In cases where he knew that no use could be made of those goods but to purchase slaves, I think he would be bound to do so; and I think if he did not he should be subjected to the penalties of the Act.

7090. Supposing the British traders of Bissao were to refuse money from the Spaniards, would you recommend that they should refuse money also from the natives in exchange for their goods?--I have stated that I do not recommend that they should refuse money from any body, except in cases where the trade must necessarily be going on to supply the slave trade exclusively. In cases where slave trade and produce trade exist together, I do not think it would be possible, and I do not think it would be desirable to endeavour to prevent the trade from going on; I have stated that fully in the former part of my evidence.

7091. _Chairman._] You would, if possible, devise some means by which English trade, although in lawful goods, with settlements purely confined to slave trading, such as the Gallinas, should be prevented?--Precisely; that is my view.

7092. As long as the prize vessels are sold at Sierra Leone, will there not be great practical difficulty in preventing those vessels getting ultimately into the hands of the slave dealers, whether you can prevent it at the first hand or not?--I think the longer the interval that elapsed before they got into the hands of the slave dealers, the better. I think that British subjects selling vessels adapted only for the slave trade into the hands of notorious slave dealers, should be rendered subject to penalties; but I admit the difficulty of preventing the eventual return of such vessels into the hands of slave dealers.

7093. You think it very desirable, if possible, that the system of breaking up vessels should be further extended?--I think it should be applied universally to slave ships.

7094. Is there any English law which you would wish to see amended in that respect?--Under the Act 5 Geo. 4, under which a vessel in British waters would be condemned for carrying on the slave trade, there is no provision for breaking up the vessel; and consequently vessels condemned under that Act are sold to the highest bidder. I certainly think it is desirable that a clause should be inserted in the act for the purpose.

7095. Mr. _Forster_.] You have stated in your former evidence that the public auctioneer is obliged to knock down the vessel to the highest bidder. Would you recommend that the public auctioneer should be subject to penalties for selling a vessel to the agent of a slave dealer?--I have before stated that he is not subject to penalties; he is a Government agent employed according to law.

7096. Captain _Fitzroy_.] You have stated that the cruizers should be withdrawn from the western coast of the Atlantic, their efforts against the slave trade there being comparatively ineffectual. Can you give any further reason for that opinion than the one you have expressed?--The cruizers upon the coast of Cuba or Brazil, cruize under much greater disadvantages than they formerly did upon the coast of Africa, before the Equipment articles came into force; and moreover, the immense number of merchant vessels always in sight about those parts of the coast is, I think, another reason against attempting to suppress the slave trade upon that side of the Atlantic. And there is besides another subject of greatly increased importance, the inconvenience that would arise from the exercise of the right of search in that quarter.

7097. _Chairman._] You mean to say, that in consequence of coming into contact with a much greater number of vessels of different descriptions, the right of search, if exercised there, would be more obnoxious, and lead to greater difficulties with the countries upon whose vessels we should exercise it?--It could never be fully exercised with regard to the vessels that were there, and the exercise of it would involve 50 searches for one upon the coast of Africa.

7098. In the one case you only have to search the African trade, in the other case you have to search the whole trade of those countries on the American coast?--Yes.

7099. Captain _Fitzroy_.] You have stated the disproportion between the emolument derived by the captains of cruizers from the capture of slavers after the embarkation of the slaves, compared with that derived from the capture of empty vessels, to be very great, and altogether unjust; can you give the Committee any further information upon this subject?--I have here an account of two vessels, captured under the Equipment articles by me, one measuring 57 tons and the other 43 tons; the aggregate of the proceeds of both these vessels for distribution to the captors was 576_l._ 6_s._ 5_d._ Another vessel of 48 tons was captured by me, with slaves on board; the proceeds for distribution upon this single vessel amounted to 1,654_l._ 19_s._ 5_d._, nearly three times as much as the two empty ships, measuring together 100 tons.

7100. _Chairman._] Can you state how many slaves could have been carried by the two empty ships, in case they had been allowed to have been filled?--There might have been 700 slaves in those two ships.

7101. Sir _T. D. Acland_.] How many were there in the other?--Forty-eight tons and 350 slaves. With regard to the capture of these vessels, the empty vessels were captured upon the principle of blockade, a service of the most harassing, tiresome, and arduous description. The full vessel was, as it must be in most cases, captured by chance.

7102. How would you propose to arrange it?--I would take the whole of the sums payable upon captured vessels during any given year, and upon that I would calculate what it amounted to per ton, and I would give that bounty for the future upon every vessel, as a substitute for the head-money, for the payments now made.

7103. Captain _Fitzroy_.] You have stated in your former evidence, that, six weeks after you were at New Cestos destroying the slave factory, a slaver was there again; can you offer any explanation of that circumstance?--The slave factory at New Cestos was abandoned in December 1840. The factories were left standing, to form a palm-oil factory, at the request of some British traders. I however understood that the prince was endeavouring to get a slave-dealer to re-establish himself in this factory, and I therefore, in the middle of April, burned down the buildings. On the 8th of June a new factor arrived from the Havannah and landed his goods, but no slaves were taken away till October. Three or four days after the slaves were carried off the blockade was re-established, and there could be no more.

7104. It has been stated, in answer to question 5968, that you thought you had put an effectual stop to the slave trade at the Gallinas by the destruction of the factories; was that your own opinion?--I beg to refer the Committee to the third paragraph from the bottom of a letter in the correspondence relative to the Gallinas, at page 9, in which I state that “I believe they will endeavour still to prosecute the slave trade.”

7105. Mr. _Forster_.] Is it your opinion that the British traders on the coast of Africa, and those connected with them, are more deeply interested in the suppression of the slave trade than any other class of British subjects?--In general they are; but there are some instances in which particular merchants derive great advantages from the connexion. There can be no question that it is for the interests of commerce that the slave trade should be put down; but there may be particular instances where British merchants derive great profits from their connexion with it.

7106. But generally, you are of opinion that the British merchants are decidedly interested in the trade being put down?--I have no doubt of it at all.

7107. _Chairman._] You believe that wherever the trade in slaves is put down, a more profitable trade might be carried on in its place in the form of manufactures in exchange for produce?--Undoubtedly more profitable, both to the natives and to the persons trading with them.

7108. When you speak of individuals being interested, you mean that there are individuals incidentally benefited by the commerce which the slave trade gives rise to in that country?--Precisely; that is what I mean. For instance, supposing the slave traders at the Gallinas had been supplied by a British commercial house, that probably would have been more profitable to them than any prospect of produce trade after the slave trade of the Gallinas was destroyed.

_Lunæ, 25º die Julii, 1842._

MEMBERS PRESENT.

Sir T. D. Acland.
Mr. Aldam.
Viscount Courtenay.
Viscount Ebrington.
Captain Fitzroy.
Mr. Forster.
Sir R. H. Inglis.
Mr. Wilson Patten.
Mr. G. W. Wood.

VISCOUNT SANDON in the chair.

Captain the Honourable _Joseph Denman_, R. N. called in; and further
examined.

10646. _Chairman._] What evidence had you of those parties being British subjects whom you brought back to Sierra Leone?--I found them in the barracoons mixed with other slaves for exportation; I took them to Sierra Leone; they were examined, both speaking English, by the Governor of Sierra Leone in my presence; the opinion of the Governor of Sierra Leone was, that it was most undoubtedly the fact that they were British subjects; one was a liberated African and the other a Creole, born in Sierra Leone.

10647. Mr. _Forster_.] Do you consider them, under those circumstances, as fairly and properly entitled to the appellation of British subjects?--As completely as any person in this room.

10648. Was the circumstance of your finding them at the Gallinas the ground upon which you took your proceedings there and burnt the place?--It was the principal ground of those proceedings; the grounds have been already stated in my former evidence; I think that was the most important ground.

EVIDENCE OF PEDRO DE ZULUETA, JUN., ESQ.
TAKEN BEFORE
THE SELECT COMMITTEE ON WEST COAST OF AFRICA.

_Veneris, 22º die Junii, 1842._

MEMBERS PRESENT.

Sir T. D. Acland.
Mr. Aldam.
Viscount Courtenay.
Captain Fitzroy.
Mr. Foster.
Mr. W. Hamilton.
Sir R. H. Inglis.
Mr. Milnes.
Mr. Wilson Patten.
Lord Stanley.
Mr. G. W. Wood.

VISCOUNT SANDON, in the chair.

_Pedro de Zulueta_, Jun. Esq. called in; and examined.

10370. _Chairman._] You have seen some statements that have been made to this Committee upon the subject of a transaction in which your house was engaged; have you any observations to offer upon it?--I received from the Clerk of the Committee a letter accompanying a copy of certain evidences, which are Mr. Macaulay’s evidence of the 10th of June, the 14th of June, and the 15th of June; and Captain Hill’s evidence of the 29th of June, the 4th of July, and the 6th of July. I would beg, first of all, to refer to the letter which I had the honour to address to the Chairman. My reason for wishing to be examined before this Committee was, that the statements contained in the evidence which I have mentioned are all of them more or less incorrect, some of them totally so. I will begin by stating what has been the nature of our, I will not say trade, for we have not had a trade ourselves, but of our connexion with the shipment of goods to the coast of Africa. We have been established as merchants for upwards of 70 years in Spain, for nearly 20 years in this country, and we have had connexions to a large extent in Spain, and in the Havannah, and in South America, and several other places; among them we have had connexions or commercial intercourse with the house of Pedro Martinez & Co. of the Havannah, and with Blanco & Cavallo of Havannah. With them we have carried on a regular business in consignments of sugars and of cochineal, which they have made to us; and in specie received by the packets from Mexico and other places. We have several times acted for them here in this country, buying raw cotton for instance at Liverpool, and re-selling it very largely; that has been principally with Pedro Martinez & Co.

10371. They are general merchants?--They are general merchants, and their transactions with us have been of that nature. As general merchants we have bought stock here for them rather largely; and in the course of those transactions we have received orders from Don Pedro Martinez & Co. of the Havannah, and from Don Pedro Martinez of Cadiz, to ship goods for the coast of Africa; never from Pedro Blanco, and never from Blanco & Cavallo.

10372. Have you received orders from Pedro Martinez for shipments for the coast of Africa?--Yes; in the course of business we have received orders to ship goods upon the funds in our hands belonging to them; and we have shipped the goods described in the letter, and sent the bills of lading to Pedro Martinez; but beyond that we have never had any returns from the coast of Africa, nor any control of any kind from the moment the cargoes left the ports of this country.

10373. You have had no interest in the result of the venture?--No, nor any notice, nor any acquaintance, nor any correspondence with any one upon the coast; we have never had any kind of knowledge, either subsequently or previously, of the shipments, except the mere fact of buying the goods and shipping them.

10374. Your whole interest was a commission upon the transaction--Entirely. The extent of those transactions has been so limited in the course of nearly 20 years that we have been in this country, that the amount of the invoices that we have sent out has been something like 20,000_l._ or 22,000_l._ in the course of all that time. That is one part of the operations we have performed. The other operations are the acceptance of bills drawn by people on the coast; among them Pedro Blanco when he was there, upon ourselves, on account of Blanco & Cavallo, of Havannah, upon funds which Blanco & Cavallo had in our hands: for instance, the people at the Havannah, or in Spain, open a credit with us, and we accept the bills of the parties on that credit with us, just the same as we should do with any other correspondent in any other part.

10375. You would have funds in your hands, arising from some commercial transactions between you and the Havannah merchant or the Cadiz merchant; and Pedro Blanco, upon the coast of Africa, would draw upon the credit of those funds, being authorised by the Cadiz or the Havannah merchant?--Yes; and if Pedro Blanco had drawn 5_s._ beyond that, we should have protested, and in some instances we have protested. With regard to the vessel alluded to in this Report, the Augusta, our part in that concern has been simply that which appears from one of the letters: that is to say, Pedro Martinez, of Cadiz, had made choice of Jennings to buy the vessel, and lent him money to buy the vessel; because Pedro Martinez wanted him to have a vessel in the trade, for the purpose of taking his goods to their destination. I have now described the three kinds of operations in which we have been concerned, and our knowledge of all of them terminated with the execution of the orders of our correspondents. We had nothing more to do than to follow the orders of the purchaser in shipping the goods. With regard to the purchase of the vessel by Jennings; Jennings is a man who has been employed some time by Martinez; he has served Martinez as a chartered captain, and Martinez having been satisfied with his services, agreed to lend him that money on the security of the vessel, provided it did not exceed a certain amount; which was all the interference we had with it, just to see that a certain amount was not exceeded, 500_l._ or whatever it was.

10376. Then you were to furnish Captain Jennings with money for the purchase within a limited amount, say 500_l._, credit being given to him upon you by Pedro Martinez, of Cadiz?--That is just the point.

10377. Captain _Fitzroy_.] The Augusta being purchased by money advanced by your house for Martinez & Company of Cadiz; and she then became the property of Pedro Martinez?--No, she became the property of Jennings; the money was lent to Jennings, and he bound himself by giving security on the vessel to answer for the amount. It is a mercantile operation which is not unusual.

10378. Mr. _Forster_.] You advanced the money to Captain Jennings for the purchase of the vessel, Jennings transferring the vessel to you as a security for the amount so advanced?--That is just the description of operation, which is a very general one in business.

10379. _Chairman._] What is the object of such an operation?--I know very little or almost next to nothing of the operations in those parts of the world; but the object of such an operation I apprehend to be this: a vessel chartered with a stranger must be governed by the different clauses of the charter-party; the charterer must be limited to time and to places; and by Martinez having the vessel owned by a man with whom he could have a better understanding than with others, he might always send more advantageously articles from the Havannah to the Gallinas, and from here to the Gallinas. When I say articles, I mean legal articles.

10379*. What advantage would there be in Mr. Jennings taking the articles rather as the owner than as captain under Martinez; was not he commander of the vessel as well as owner of the vessel?--Yes.

10380. He is made the owner, instead of being captain?--He is the owner as well as the captain of the vessel; he stands indebted to Martinez, and gives a bottomry bond for the vessel.

10380*. Does Mr. Jennings upon this transaction make all the freight to his own profit?--Certainly, whatever he does is to his own profit.

10381. He is not, then, an agent for Martinez?--No, he is a person to whom Martinez lends the money to buy the vessel; whatever profit he derives is his own. Martinez has this advantage, which to a mercantile man is very perceptible, that he has got a charter with a man who stands in that relation towards him which gives him a sort of control over the vessel. If I as a stranger charter a vessel for Martinez, and he has spent one, two, or five days more in landing goods than the charter-party allows, I should make a claim for it; I should say, “You must keep to the charter.” Now, when Jennings is indebted to him for the favour of a loan for the vessel, he is not upon a similar footing.

10382. So that he gets the vessel more under his own control?--Yes; in saying this I am putting an hypothetical case, but I do not know the mind of Martinez himself.

10383. Mr. _Forster_.] You acted in this transaction merely as agent in the usual manner, as you would have acted for any house in any part of the world?--Exactly; if Martinez had told me, “You have got 500_l._ in your hands, pay that to Captain Jennings,” I should have known nothing more of the transaction; I should have paid the money. But Martinez did not wish to go beyond a certain amount; and he says, “You exercise control, do not allow the man to pay more than 500_l._ for the vessel.”

10384. But beyond the purchase of the vessel and the shipment of the goods, the other arrangements and the subsequent transactions were entirely between Jennings and Martinez & Co.?--Most assuredly; except with the order of Martinez, I do not know how we could have done any thing with him in any way.

10385. Captain _Fitzroy_.] Though the process of hypothecating a vessel may be usual between British merchants, is it usual to cover a transaction of Spanish slave trade with the British flag, by means of such an arrangement as that described to have taken place in the case of the Augusta?--In order to answer that question, it seems to me that it is fair that I should ask where is the transaction of covering, and where is the slave trade transaction? I know positively of my own knowledge, that there is no such thing at all connected with the Augusta. If I had an opportunity, I could make my affidavit of that.

10386. Sir _T. D. Acland_.] Do you mean that you know that the Augusta was not engaged in any slaving transactions during the voyage upon which she left Liverpool?--Most assuredly not; in fact my testimony is hardly required of that, because every thing proves that. When she was detained, it was never said that she was upon a slaving operation at all. Before she left this port, after she was bought, she was completely rendered useless for that purpose.

10387. _Chairman._] The charge is, that she was engaged in carrying goods to a person engaged in the slave trade; not that she was engaged in the slave trade herself?--I most certainly say that I do not know whether the person is so engaged or not.

10388. Captain _Fitzroy_.] Is it usual to cover a transaction of Spanish trade with the English flag?--I am not aware that a Spanish merchant is prohibited chartering an English vessel.

10389. But is it lawful to employ the British flag to cover a vessel that is not owned by a British subject?--I say that that vessel is owned by a British subject.

10390. Sir _T. D. Acland_.] By whom?--By Captain Jennings.

10391. Was not the money with which she was purchased, the money of Pedro Martinez?--It seems to me that English captains and English subjects are not prohibited from borrowing money from Spaniards; she was bought with money lent by Pedro Martinez to Captain Jennings for the purpose.

10392. Do you mean that the money was a loan to Captain Jennings, at the time he paid it for the vessel?--It was a loan to Captain Jennings.

10393. Do you mean that the ship was then Captain Jennings’s property?--It was.

10394. Was it in his power to sell that ship at any port he pleased?--There was a mortgage upon the vessel.

10395. Mr. W. _Patten_.] You have stated that yours is an agency trade?--It is so; and in the multitude of business, any one can understand that 20,000_l._ in 15 or 20 years, can only be a mere trifle in the business of any merchant, without laying claim to a large business; and in following that business, we have executed shipping orders.

10396. To what part of the coast of Africa has that business been chiefly conducted?--I believe, almost exclusively to the Gallinas.

10397. Have the goods that Mr. Martinez has ordered to be sent to the Gallinas, been all sent to the same individual?--No, to different individuals; sometimes to Pedro Blanco, who was for a certain time an agent of Pedro Martinez on the coast, and sometimes we have sent a bill of lading drawn in this way to order; we have sent it to Pedro Martinez as a voucher against his account.

10398. Do you know the nature of the trade of Pedro Martinez at the Gallinas?--I know from general report that Don Pedro Martinez himself is supposed to deal in slaves, and I believe it is so.

10399. Is he known at the Havannah as a dealer in slaves?--I do not know, but I believe so; I do not know why it should not be known at the Havannah, if it is known in other parts.

10400. _Chairman._] Is a ship which is hypothecated, liable to be foreclosed at any moment, at the discretion of the mortgagee?--It depends altogether upon the terms of the mortgage; if the mortgagee says, “You must give me the money when I ask for it,” of course he must sell the vessel if he has not got any thing else; he would always have to deduct whatever freight had been earned. When the security may be called upon to be effective, depends upon the nature of the transaction between the parties.

10401. Mr. _Forster_.] Your house had nothing to do with any letters that might be put on board the Augusta after she sailed from this country?--Nothing whatever.

10402. The Augusta was seized on the coast of Africa, on the charge of slave trading?--I believe that was the case.

10403. Did you not appeal against that condemnation?--Yes, there is an appeal by the owner.

10404. Before the Privy Council?--Yes.

10405. That appeal is not yet decided?--I believe not.

10406. Sir _T. D. Acland_.] You stated that your transactions with Africa for Martinez have amounted to about 20,000_l._ in 15 or 20 years. What has been the amount of your whole transactions with Blanco & Martinez of the Havannah during that period?--Perhaps 100,000_l._ or a larger sum. For instance, we have received more than 40 or 50 cargoes of sugar from the Havannah, consigned to us, and cigars; and we have received bills of lading of specie shipped at Mexico to be sold here, and bar gold, and things of that sort.

10407. Mr. _Wood_.] Have you reason to suppose that the whole of that large commerce is subservient to the carrying on of the slave trade by the house of Blanco & Martinez at the Havannah?--I do not know; I know that they have large transactions in general business. I know that a short time ago I got 40,000_l._ or 50,000_l._ of Spanish bonds in the market for Martinez. I know that he is a large speculator in Spanish bonds and in securities of state.

10408. Is that speculating in Spanish bonds on account of the house at Cadiz, or the house at Havannah?--Speaking technically, I should say it was on account of the Cadiz house.

10409. The question related to the commerce of the Havannah house?--Pedro Martinez is a Havannah merchant. But with regard to Havannah merchants, we have received large consignments of sugar, cochineal, and sometimes Mexican goods, brought to Havannah and shipped to us here.

10410. In what course of business have the proceeds of those consignments been disposed of; have they gone in sending supplies to the coast of Africa?--Out of that large amount of money 22,000_l._ is the amount of all the goods that we have sent to the coast of Africa in 20 years.

10411. Of all descriptions?--Of all sorts and kinds; I have gone through the invoice-book and found them out.

10412. Have the proceeds generally been disposed of by drafts from the parties themselves to your house?--By the parties at Havannah, when the exchange turns to their advantage.

10413. Have you reason to suppose that a large portion of the trade that they carry on at the Havannah is the slave trade?--I had no reason to know any thing of the kind; I have known more of their transactions with the slave trade since these things have been mooted than I ever knew before; I have had more knowledge of these things lately than I ever had in my life before; and when I say “I,” I beg to state that I ought to state “we,” for all my partners are in the same situation.

10414. Have you been employed by the house at the Havannah to ship manufactured goods from this country to Havannah, suitable for the African trade?--We have sometimes shipped goods to the Havannah of the same kind as those that were in the “Augusta;” cotton goods and other things of that sort.

10415. Has that been recently?--In the course of our operations.

10416. How many years ago?--In the course of these 15 or 20 years that we have been engaged in business with them; all that I could see in a moment by my books.

10417. Have you sent any goods of that description to the Havannah recently?--Not very recently; I think not for some years.

10418. Have you sent any goods of that description since you first began to send goods out direct to the coast of Africa?--They have been mixed; I cannot draw a distinction between the two destinations; some have gone to the Havannah, some to the Gallinas.

10419. Have those supplies of English manufactured goods, which heretofore went to the Havannah, to be used there for promoting the slave trade, been more recently sent direct from this country to the coast of Africa?--No, I do not think that is the case; I should think the contrary is more likely to be the case, but I think we have shipped in some months, or in some years, partly to the Havannah, and partly to the Gallinas.

10420. If the coast of Africa be their ultimate destination, will not they go out at a cheaper cost to the owner if they go direct from this country, than if they go circuitously first to Havannah, and then to the coast of Africa?--I think that is very doubtful indeed, because the freights to Havannah are so miserably low that I believe they can be taken for almost nothing; in Liverpool, English vessels loading for Havannah, load for any thing you will choose to give them.

10421. Has the trade of Pedro Martinez increased or diminished the last few years in that particular kind of goods?--I think it is neither more nor less: I think it is just about the same. I believe for the last three or four years it has been less altogether to both places, but it has diminished equally; I cannot say when it is increased in the one part or diminished in the other.

10422. How long have you conducted the trade upon the coast of Africa?--As I said before, I do not think we have conducted any trade on the coast of Africa, either legal or illegal.

10423. How long have you acted as agents for Martinez, on the coast of Africa?--As long as we have had any connexions with Martinez; it is part and parcel of other operations; that is to say, in the multitude of other operations that have intervened we have shipped goods as I have said.

10424. Did that part of your operations for him spring up after your first connexion with Martinez had commenced?--No, it is part of a mass of business all mixed up together.

10425. Mr. _Forster_.] In the extensive transactions of your house, these shipments, whether to Havannah or the coast of Africa, form a very trifling proportion?--I can only leave the Committee to judge for themselves as to that, after what I have stated.

10426. Mr. _Wood_.] What is the firm of the house at Havannah?--Pedro Martinez & Co.; the Cadiz house is Pedro Martinez only, without the company. Blanco & Carvalho was the firm some time ago: it is now Blanco & Co.

10427. Are the answers which you have given in relation to one of these houses equally applicable to both of them?--There is some difference between them: but in regard to the general business of both of them, what applies to the one applies to the other. I have the same general business with both, and the smallest part of the business has been the shipment of goods, whether to Havannah or to the coast of Africa. The shipments apply to Martinez only.

10428. Have you shipped English manufactured goods direct to the coast of Africa, on behalf of both those houses?--Such goods as were in the Augusta I have shipped for one party only. With regard to the house of Blanco & Carvalho, and the house of Pedro Martinez & Co., with both of them I have carried on a general large business. But to Blanco & Carvalho I never shipped a single piece of goods of any kind, except some sugar mills to the Havannah; and with regard to the house of Pedro Martinez, we have shipped such goods as those by the Augusta.

10429. From your general knowledge of the trade of the house of Pedro Martinez & Co., is it your opinion that the goods which you so shipped to the coast of Africa were destined to be employed in the slave trade?--I do not know; they may be, for any thing that I know.

10430. Has it come within your knowledge that the house of Martinez & Co. are exporters from Africa of the native produce of Africa?--No, because I never tried to get any knowledge of their transactions there of any sort.

10431. Have you ever received consignments from them, or on their behalf, of palm-oil, gold dust, or ivory, from the coast of Africa?--Never; we never have received any thing from the coast of Africa whatever. With regard to all these transactions, it will perhaps appear strange to the Committee that I should not know more of the coast of Africa, having shipped things there; but if we had shipped to the amount of 100,000_l._ to the coast of Africa, or carried on any considerable trade there, we should certainly have known more about the coast of Africa; but in transactions of a very large amount, an invoice occasionally of about 2,000_l._ or 3,000_l._ of goods was a thing that we sent as a matter of course, and did not trouble our heads about, especially as the remuneration we got was a mere trifle, not of itself worth pursuing, if it had not been for the general business we had.

10432. _Chairman._] Is there any other part of the evidence which has been given that you wish to observe upon?--It is asked here, in Question 5086, “Who was he?” the answer is, “The name is mentioned in the Parliamentary Papers as being connected with the purchase of a slave vessel, Mr. Kidd; and it is mentioned in connexion with that of Mr. Zulueta of London.” Now, as to Mr. Kidd, the very first thing I ever knew or ever heard of his name was to see it here. I never heard of his name at all. I never had a letter from him or through him, or knew any thing of the man whatever. That is with regard to myself. With regard to my partners, I can say the same; I have been making inquiries about it. My father knew there was such a man upon the coast, but I did not know even that, though I have managed all this business. Our house never had a letter from the man, or knew any thing about him.

10433. You have no connexion with Mr. Kidd in any way?--No, nor any knowledge of him. Then in the next answer it is said “Zulueta the gentleman in London to whom the vessel was sent, and who sold her again to her former Spanish owner, is a name well known on the coast in connexion with the slave trade.” Now what is known on the coast I really cannot pretend to say; but I believe that not many persons can say that which I can say, that neither myself, nor my father, nor my grandfather, nor any body in our firm, has ever had any kind of interest of any sort, or derived any emolument or connexion from the slave trade. My father had at one time an interest in a bankrupt’s estate at the Havannah, upon which he was a creditor. There were some slaves on the estate, and they formed part of the property assignable to the creditors, and my father got the slaves assigned to him; because the other gentlemen and the creditors were not of the same opinion, he got them assigned to him, and made them free; and that is all the connexion we have ever had with any slaves in the world. I do not know how far that may be considered irrelevant to the point, but I state it because we are here mentioned three or four times as connected with slave dealers, as a name well known in connexion with the slave trade. That sort of statement is rather a difficult thing to deal with.

10434. If it is meant to insinuate by these observations that you ever had any other connexion with the slave trade, than being the shipping agent of goods which were sent to a man who was a dealer in slaves, you entirely deny it?--I assure the Committee, that although I have a general notion as to what interest Blanco and Martinez have in slaves, yet, if I was put upon my oath to make any particular statement, I really could not, because I do not know it. Of course I believe it; but my personal knowledge amounts only to that which the knowledge of what we read in a newspaper amounts to.

10435. There was nothing upon the face of the transactions which you had with those parties which spoke of a connexion with traffic in slaves?--Nothing whatever. It is well known, that, fifty years ago, it was in the ordinary course of business in Cadiz to insure operations in slave trading. My house at that time were underwriters, and it was notorious that a policy of that kind would never enter the doors of our house; and nobody would come to offer such a thing to us upon any terms. It is notorious, both here and in Spain, that we set our faces distinctly against having any interest of any kind in the slave trade.

10436. It is further stated, “It appears that it is a regular thing sending vessels to him, that is to Mr. Zulueta; if they come to England to him he sends them to Cadiz, and they get out again to the Havannah and come again into the trade.” Have you any observation to make upon that?--It is all untrue, the whole of it; I never received a vessel from those gentlemen; there has been nothing of the kind.