Evidence : From the evidence which we have received it appears that in former years naval Q. 74, 111, 145, officers deemed themselves entitled to exercise a wide discretion with reference to 685, 1098. Q. 131, 232, 1214, 1326, 1433. cases of slaves seeking refuge on board their ships. The instructions issued to the officers of the navy of late years with reference to the reception of fugitive slaves have limited that discretion, and have, moreover, materially varied in character. IV. We now come to the fourth and last head of our Inquiry: Whether, in case such obligations, instructions, or engagements shall appear "to be at variance with the maintenance by our ships and officers, in whatever "waters they may be, of the right of personal liberty, any and what steps "should be taken to secure for them greater freedom of action in this respect. In considering what steps should be taken to secure for our naval officers greater freedom of action, we must remember that the object which the British Nation has at heart is the extinction of slavery, and that whatever policy will most surely conduce to that result will be the most acceptable to this country. This end cannot, however, be attained without the consent and concurrence of other nations; their opinions and interests cannot therefore be disregarded. It has been suggested that the British Government might declare, by a public notice to all countries in which slavery is a legal institution, that if a slave escapes to a British ship of war in foreign waters and claims the protection of the British flag, that protection he shall receive; and that it might instruct its naval officers accordingly. Whether such a measure would conduce to amicable relations with countries where slavery is still legal, and whether the ultimate object of extinguishing slavery would be thus accelerated, may reasonably be doubted. We may add that such a course would raise a question which it would be on every ground desirable to avoid. The owners of the slaves so received might probably consider themselves entitled to compensation for the loss of that which, by the local law, is their property. But the payment of such compensation might excite great opposition, and moreover might be found to be impracticable. Even if it were thought advisable to impose on officers in command of ships the duty of receiving everywhere indiscriminately, without regard to circumstances, all slaves who might have recourse to them, we are of opinion, for reasons which will hereafter appear, that it may be fairly questioned whether such a course would be for the unqualified advantage of the slaves themselves. We cannot, therefore, recommend the adoption of this policy. We are however of opinion, that a discretion, as hereinafter specified, should be given to naval officers in dealing with fugitive slaves. In entering upon the consideration of the subject, we may observe that the following cases may arise: A commanding officer may be called upon to consider the question— (a.) Whether he shall retain on board his ship a slave found there, having got on board without his knowledge or permission. (b.) Whether he shall retain on board his ship a slave taken or permitted to come on board for a temporary purpose, who being on board desires to remain there. (c.) Whether he shall permit a slave to enter his ship with a view to his being retained on board. It appears to us that the mere fact of the slave's actual presence on board, without any intention on the part of the commanding officer to allow him to remain there, cannot be regarded as depriving the officer of the discretion as to refusing or retaining him which the officer might have exercised had the slave not succeeded in getting on board. The question, therefore, which we shall consider, will be, in what cases a slave ought to be retained on board a ship. Naval officers should be instructed that although ships of the Royal Navy should not be made a general asylum for fugitive slaves, they are not debarred from using their own discretion in retaining such fugitives on board and affording them protection on the principles which we shall proceed to recommend for their guidance. In the exercise of this discretion the officer should be guided, before all things, by considerations of humanity. Whenever, in his judgment, humanity requires that the fugitive should be retained on board, as in cases where the slave has been, or is in danger of being, cruelly used, he should retain such fugitive. Where it appears that the fugitive has been newly reduced to slavery, or has been imported in violation of treaty engagements, he should always be retained. Should any unforeseen or exceptional case present itself, the officer should be allowed to exercise his discretion as to the course to be pursued. The officer, in all cases where he decides that the fugitive should not be retained, should be at liberty to consider what course in disposing of him is most for the interest of the slave himself; whether he should be put on shore, or allowed to go ashore, or delivered over to the nearest British Diplomatic or Consular Officer, or to the local authorities. Naval officers should understand that, whilst entrusting them with this discretion, their Government does not claim a right to interfere actively with the institution of slavery in countries where it is upheld by the local law, and directs them to abstain from such interference. They should be reminded that in acting on these instructions they are, in conformity with the purport of the Queen's Regulations, to avoid as far as possible giving cause of offence or dissatisfaction to the authorities or inhabitants of those countries. It appears indeed from the evidence that, as a general rule, naval officers would not retain on board any slave who may be employed in piloting, in provisioning, or in coaling their vessels, or in any other duties of the port into which the ship has been admitted; and this, not so much on account of any special instructions, as because a contrary course would be unfriendly, and might lead to embarrassment. We have endeavoured to state the general principle on which, in our opinion, the instructions to the Navy should be framed. But it will be seen from the following remarks, that in the practical application of that principle, less difficulty will be likely to arise in some countries than in others. Brazil is, with the exception of Cuba, the only Christian country in which slavery is now a legal institution. Mr. Hunt, who has been for some years Consul at Rio de Janeiro, and who has visited many parts of the country, assures us that there has been no importation of slaves into Brazil since the year 1851. On the 19th of April 1869 an Act was passed by the British Parliament (32 Vict. c. 2) repealing the Act of the 4th of August 1845 (8 & 9 Vict. c. 122), on the ground that the circumstances which had led to the passing of that Act no longer existed, by reason of the cessation of the importation of slaves into Brazil from Africa. By a law of Brazil all persons born within the dominions of the Emperor after the 28th September 1871 are free, and arrangements have been made for the gradual abolition of slavery; and we are assured that the measures now in force are being steadily carried into effect. The slaves employed in coasting vessels, in harbour boats, in provisioning and coaling steam ships, are remunerated for such work, and we have been unable to discover any instance of a fugitive slave, who, within recent years, has appealed to a British officer for protection against ill-treatment by his Brazilian master. We are therefore glad to think, that as the Brazilian Government under their present enlightened rule, are pursuing a course directed to the substitution of free for slave labour, few instances, if any, are likely to occur of slaves seeking refuge on board a British ship of war. Practice of With regard to Cuba, we must observe that this island is in a peculiar state from See Reports internal revolt as well as from the late political troubles of Spain, but the evidence on Law and which we have received in regard to both slaves and coolies shows that their con- Foreign dition is unsatisfactory in the highest degree. The Spanish government has pledged Countries in itself to abolish slavery in Cuba as soon as the insurrection in that island is brought p. 118. to an end; and we hope that the pledge so given will be faithfully kept. When, however, we turn our attention to slavery in the Eastern hemisphere, more complicated questions present themselves. Appendix, Q. 584-631. 817, 824, 1019, 1160, 1164, The character of Eastern slavery is explained in the evidence which we have Q.75, 247, 364, obtained. The slaves are generally well treated, and are often highly esteemed. 374,526, 756, Thus it is said the chief minister of Oman is himself a slave. The head manager 1105, 1155, and the cashier of the Arab merchant to whom the vessels of the Steam Navigation 1178, 1188, Company, in the Persian Gulf, were consigned, were slaves. The captains and the 1231, 1472crews of many vessels trading in the Eastern seas are slaves, who are employed by 1477, 1483, their masters in positions of trust. As a general rule domestic slavery among the Arabs is a mild form of servitude; this is fully explained by Dr. Livingstone in the accompanying letter in reference to slavery among the Arabs: Hertslet's State Papers, Vol. 59, pp. 1022-3. Q. 90, 901, 1507, 1508. Q. 60, 284, 389, 1597. "Let us calmly view the subject of stopping the external slave trade in connection with what is universally admitted to be the normal condition of slavery among the Arabs. It is the mildest possible form; the master lives with his slaves as the father of the family. He dislikes toil, and is too indolent to force others to work for more than the mere necessaries of life. This indolence is frankly avowed at Zanzibar, and as the Arabs there form no exception to the generality of Arabian slaveholders, it does not appear very obvious why the mere cessation of large additions to the existing number of slaves should produce the frightful convulsions predicted. The abolition of the external slave trade would leave the relationship of master and slave exactly as it is at present, with the exception that the slave would be of increased value, and therefore less likely to be discarded than before." Although, however, Arabian slaveholders may be lenient masters, and domestic slaves in Mahomedan communities may be treated as members of the family, yet the cruelties practised in Africa to obtain these slaves can hardly be overstated. The numbers annually brought from the interior are not accurately known, but it is admitted that every year many thousands are carried away by force, and driven down to the sea coast for sale. We are told that even in the centre of Africa for the sake of obtaining a few women Q. 1508, 1616. and children for the slave trade whole villages are destroyed, most of the male population killed, and others driven into the jungle to die of starvation. Q. 1512-1516. Q. 1603. Q. 16, 944, 1541, 1592. See Memo. on Treaties, Ap pendix, p. 77. Q. 280, 427, 672, 687, 906 965, 1657, 1666. Q. 272, 280, 932, 1666. Q. 1671. The trade from Central Africa consists almost exclusively of slaves and of ivory. The slaves are in many cases purchased for the carriage of the ivory, and those who survive the sufferings of the journey, are subsequently sold on arrival at the sea coast. There are no indications that this inhuman traffic is coming to an end, or is even materially decreased. A few British cruisers dispersed along an extent of coast reaching from the Red Sea to Mozambique are inadequate to prevent it, and their difficulties are increased by the numerous islands, creeks, and rivers on that coast. The natives, moreover, with rare exceptions, regard slavery with no disapprobation, and the trade, when checked at one place by the vigilance of our cruisers, finds an exit in some other direction. The eastern coast of Africa is under the rule of various governments, many of which cannot enforce their own laws, or fulfil their engagements. It is difficult to treat with rulers who claim to be independent, while they are powerless to control their own subjects. Such rulers exercising an uncertain and feeble authority over their own territories cannot be allowed to claim the rights, while they fail to fulfil the duties, of sovereignty. In the Portuguese dominions slavery has been abolished by law. It continues, however, to exist very largely and in an oppressive form within the great tract extending from Delagoa Bay to Cape Delgado, to which the crown of Portugal asserts its claim, and from many points on that coast an active slave trade with Madagascar is carried on. The intentions of the Portuguese government are probably frustrated by the circumstance that, except in a few places and within very narrow limits, its control over its East African possessions is little more than nominal. Further, although we are assured that the officers of the Portuguese navy have a sincere wish to co-operate with us for the suppression of the slave trade, the attainment of this end has hitherto been impeded by a difficulty in securing combined action on the part of the British and Portuguese authorities. We are of opinion that it would be most important, for the purpose of checking the slave trade, that British cruisers should have the right, which they possessed from 1847 to 1853, under protocols signed in London in 1847 and 1850, to enter the bays, Treaties, Vol. 8, ports, creeks, rivers, and other places within the dominions of Portugal on the east coast of Africa, where no Portuguese authorities are established. Hertslet's P. 656. In our treaty with Zanzibar, we have agreed not to interfere with domestic slaves carried in dhows, or with slaves employed in navigation, provided such slaves are not detained against their will; there is evidence to show that a disguised slave trade has Q. 85, 243, 294, already to a certain extent sprung up under the cloak of this permission, and much 351,1037,1629. vigilance will be required to check its extension. See Reports on Law and Countries, A custom of long continuance, and depending on the courtesy of the Governments Practice of of the several Eastern countries, exists in Northern Africa, in Turkey, and in the Foreign Persian Gulf. By this custom the slave who seeks refuge in the consulate almost Appendix, invariably receives his freedom from the local authorities on the request of the consul p. 94. when he has any well founded reason for making such an application. So far as we have been able to ascertain, the cases of fugitive slaves seeking refuge in our ships of war have been few. Where the facilities for escape are greatest, as in shore-boats and coasting dhows, the slaves, being fairly treated, are least tempted to take advantage of the opportunities for escape. With a view to the mitigation and eventual abolition of slavery, it would be impolitic to create a general notion in the minds of the Negro population that the British navy would liberate all fugitive slaves. The rumour of such an intention would irritate the Arabian masters, and induce them to regard their domestic slaves with suspicion and distrust, and possibly to treat them with severity. Q. 1101-1105, 1693. Q. 132. We recommend that attention should be paid to the competency of the interpreters, with whom, under an existing rule, ships of war on the East coast of Africa are now furnished. Such interpreters, if thoroughly conversant with the language of Q. 1233. the African coast, would materially assist the officers in ascertaining the character of any slaves who might present themselves on board, and in explaining to the slaves themselves that, although released from slavery, they cannot live in idleness. There is even now some difficulty in providing properly for the male and female slaves whom we release, a difficulty which would be greatly enhanced if there were a large increase of their number. Hitherto they have been for the most part transferred to the Seychelles Islands, but they may, under arrangements partially Papers, Ap carried into effect, be taken to the Cape Colony or to Natal. See Col. Off. pendix, pp. 204, 205. Sir Bartle Frere has given us much valuable evidence, which shows, that for Q. 1740-175!. the present at least, there are the means in Johanna, Mombaza, Bagomoyo, and Memo. by Zanzibar, of finding employment for liberated Africans under humane supervision. Sir B. Frere, Some witnesses recommend the establishment of a settlement on the castern coast of Africa; a new colony in a climate suited to the negro, where the emancipated Q. 252, 267, slaves might be educated and civilised. Appendix, p. 231. 1583, 17021710. In all these cases it would appear that some plan of compulsory labour for a limited period, at regulated wages, is the only mode of providing for the liberated slaves. The plan is not altogether satisfactory, and the working of it requires very careful and constant supervision. With the most humane intentions on the part of the British Government it is difficult to provide for the physical and moral welfare of the liberated slave, and his condition must in great measure depend on the character of the master to whom he has been temporarily assigned. This difficulty applies more especially Q. 1703. to the case of female slaves. It will be apparent that in dealing with questions relating to fugitive slaves, a discretion must be left to Your Majesty's naval officers, as it is impossible to foresee all the cases which may occur, not only in foreign territorial waters, but even beyond the three miles limit, as for instance, on the pearl banks in the Persian Q.1251-1256, Gulf. To use the language of Sir L. Pelly, in his report of 1865 on these pearl fisheries, "The beds along the Arabian coast are held to be the property of the Arabs in "common; for instance, an Arab of Koweit may dive along the Bahrein or Rass-ool"Khaimah coast and vice versa. But no person other than the Coast Arabs is "considered to have any right of diving. And it is probable that any intrusion on "the part of foreigners would create a general ferment along the coast line.” We have now stated what we believe will be the best course to promote the humane and enlightened policy which this country has consistently pursued, but it will be convenient to recapitulate the purport of our recommendations: I. While on the one hand naval officers should abstain from any active interference with slavery in countries where it is a legal institution, the commander 1310-1313. Q. 209-216, 313, 322, 785, 1695, 1718, 1732, 1733 of a ship of war should not be altogether prohibited from exercising his II. The cases that present themselves to naval officers vary so much in character this desire. IV. In dealing with this question the officer should be guided, before all things, by considerations of humanity. Whenever, in his judgment, humanity requires that the slave should be retained on board,-as in cases where the slave has been, or is in danger of being, cruelly used, the officer should retain him. In other cases he should do so only where special reasons exist. V. When it appears that the fugitive has been newly reduced to slavery, or imported VI. If the delivery of a fugitive slave, whom the officer would otherwise have VIII. In all cases where the officer decides that the fugitive should not be retained, IX. Where facilities are available for communicating with any of Your Majesty's Diplomatic or Consular authorities, the officer should in all cases without delay inform such authority of the steps he has taken. We hope that the instructions which we have recommended to be given to our naval officers will, if carried into effect, tend to some mitigation of the cruelties of slavery which have been brought to our notice. It is obvious that the benefits to be derived from these recommendations will depend to some extent upon the degree to which a similar policy may be adopted by other nations. It is not within the scope of our duty to suggest the manner in which this result should be brought about, but we regard it as a matter of the first importance. It must be observed that the reception of fugitive slaves is only a small part of the great problem of slavery which this country earnestly desires to solve, and must be treated as subordinate to that greater purpose. For this end the British Government must, if the evidence which we have taken is to be trusted, enter into some arrangements with those powers whose possessions are in the immediate neighbourhood of the slave-trading districts. If the Red Sea is to serve the purpose of the slavedealer, and the hoisting of the Turkish or Egyptian flag is to protect this traffic, our efforts to abolish the slave trade must be ineffectual. So again in Portuguese |