OPINIONS OF THE LEGAL AUTHORITIES
Referred to in [p. lxii].
“1 & 2. There is not any thing in the Act of Parliament in question which renders illegal a commercial dealing on the coast of Africa, in usual lawful merchandise, though such dealing may be with a person known to gain his livelihood by dealing in slaves, and therefore of course, an owner or supercargo making a sale in the manner described to any such person, does not subject himself or the ship to any of the penalties of the Act.
“3. Independently of the above Act, an English owner, or master, or supercargo, or other person who engages in such commercial dealing as above described, is not guilty of any offence against the law, nor subject to any punishment.
(signed) “Fred. Pollock.”
“Temple, 8 June, 1842.
(Vide Report, West Coast of Africa, Part I, p. 344.)
“1. Unless the merchant knew, when he sold the goods, that they were used for carrying on the slave trade, I am clearly of opinion that he is not guilty of felony. The question of knowledge will be for the Jury, if the case is tried by a Jury, or by a Judge or Judges without a Jury, and will depend upon the evidence that is given either of direct knowledge, or that the circumstances were such that he must have known the destination and occupation of the vessel and her crew.
“2. It will appear from the statutes 11th and 12th, and 46th of Geo. III, c. 54, &c., that the merchant might be tried at Sierra Leone, and if so, I am disposed to think that the constituted authorities at Cape Coast would be warranted in apprehending him and sending him for trial to Sierra Leone, as the offence committed is felony.
“3. I hardly know what precautionary measures can be adopted by the Governor in cases where it is unknown whether the vessels are intended for the slave trade or not. The same articles that are used for bartering for slaves are no doubt also used in bartering for palm-oil, elephant’s teeth, and other African products, and to prohibit all dealing in such articles of barter would be greatly prejudicial to the innocent trade carried on with Africa. The Governor can hardly do more than warn merchants not to deal in such articles with suspected vessels upon peril of the consequences.