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 576l., because they were empty; while that of a single vessel, of little more than half that tonnage, brought in 1,654l., 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.