5273. Mr. W. Patten.] In the case of the breaking up of a vessel, do the captors get any prize money?—Yes, they get a bounty on the tonnage of that vessel; she is measured by the surveyors before being broken up, in order to ascertain her tonnage by the new mode of measurement, and upon that measurement the captors are paid the bounty in England.
5274. It is immaterial to the captors whether the vessel is broken up or sold again, so far as their private interests are concerned?—Except that the vessel sells whole for much more than she does when she is broken up for fire-wood.
5275. Is the vessel valued only as fire-wood when broken up?—They get only a moiety of the proceeds of the broken parts, in the other case they get a moiety of a vessel fit for sea, with all the rigging perfect.
5276. You do not coincide with Dr. Madden, who recommends that a vessel when captured should be put into the possession of the capturing officer to be disposed of?—It would be quite impossible; the foreigners would very justly complain of us if we left the vessel in charge of the officer when once brought before the court. It appears by a paper, which I have seen this morning only, that already they complain of irons and other things, to condemn the vessel, being put on board after the arrival of the vessel at Sierra Leone. Now, if during the time the vessel was passing through the court, and during the time when the marshal now has charge of her, in order to prevent any thing of that kind happening, you left the vessel to the officer, who is interested in putting three or four shackles on board, which is quite sufficient to condemn the vessel, I think they would have just cause to complain.
5277. What Dr. Madden recommends is, that when the vessel has been condemned it should be put at the disposal of the commanding officer on the post, for the exclusive use of the service of the navy?—A small number of the vessels condemned might perhaps be beneficially made use of, and the new Act authorises the purchase of vessels when the commanding officer may think it right to purchase them; but having had that option, he of course only purchased such vessels as were required; we had 60 odd vessels in 1839 before the court; what would the navy have done with all those vessels?
5278. Mr. Forster.] Had many of those vessels cargoes on board?—Yes.
5279. Chairman.] Should you think it would be advisable to sell the vessels under bond that they should not be employed in the slave trade for a certain period?—The law is now almost as stringent as any bond could be.
5280. In what way?—Dr. Madden seems to suppose that vessels may be fitted out in Sierra Leone, and may lie in British waters equipped for the slave trade; but any one at Sierra Leone would have told him that no vessel could possibly lie there equipped for the slave trade; the authorities are so particular, that even in many cases vessels were seized and brought before the court if they were supposed to have a few gallons too much water in them. There is an exceeding jealousy on the subject, as indeed appears by some of the papers which have been presented.
5281. Mr. Forster.] Before what court is a vessel, taken in British waters, equipped for the slave trade, brought; the Court of Admiralty or the Court of Mixed Commission?—If she is prosecuted under the Act of Parliament, she is prosecuted of course in the Vice-Admiralty Court.
5282. Is there not a rule on that subject, and are not all vessels taken in British waters on suspicion of being engaged in the slave trade prosecuted in the Admiralty Court?—No; it remains with the captor, if there is a treaty which will reach the vessel, to prosecute her under that treaty before the Mixed Commission Court, if she is a Spaniard or a Portuguese, or before the Admiralty Court, for a breach of the municipal law, because she violates both the treaty and the municipal law, and therefore he has the choice of the one court or the other.