“I have, &c.
“J. BRENTON.”
“Navy Board.”
The Navy Board having laid the above letter before their solicitor, transmitted to the Commissioner the opinion of this law officer, but without any comment or direction of their own, leaving the responsibility of any measure Sir Jahleel Brenton might in consequence adopt, entirely upon himself. The opinion was as follows:—
“I am humbly of opinion, that if these men have been received on board His Majesty’s ships to serve as seamen in the navy, they cannot be now legally detained as slaves; but this right which, as against the crown, I think they have to their freedom from slavery, will not annul any contract or engagement, by which they may have bound themselves to serve the king or any other master, for any specific period, either in the navy, or in any other manner; and if no such engagement exist, they are entitled to their discharge, if they require it, in the same manner as any seaman in the navy, or workman in the yard may be entitled to it.
“Signed by the Commissioners of the Navy.”
“Commissioner Sir J. Brenton, Bart. K.C.B.”
In consequence of receiving this opinion, and so authenticated by the Board, Sir Jahleel Brenton immediately decided upon giving these three men their freedom, should they wish it, and having put the question to them, they earnestly requested their liberty. They had each a considerable sum due to them, amounting to some hundreds of rix dollars to each man, which the Commissioner recommended them to leave, or at least a portion of it, in the hands of the storekeeper, from whom they might draw it as they wanted; a precaution very necessary to prevent their being robbed of it. But the temptation to get the whole into their own hands was too powerful to be resisted. Amongst other arguments used by the Commissioner to induce them to adopt this prudent precaution, he stated their ignorance of the value of the notes; all money at the Cape at this time being in paper; and holding up a fifty dollar note to one of them, asked him its value, to which the man unhesitatingly answered, “ten,” and another of five being shewn, the answer was, “twenty.” But even this proof failed to persuade them. They took their money and in a few days came to the Commissioner lamenting that it was all gone. This circumstance convinced the latter, that unless some precautionary measures were adopted with regard to the poor blacks, no fund that could be laid up for them would be available, and under this impression he wrote to the Navy Board again.
In order to dispose of the question relative to the black labourers, one more letter from the Commissioner upon the subject to the Navy Board may be introduced, in the confidence that the plan suggested in it, will appear at once economical and practical, and that if steadily followed up, it must have been effectual for their provision and future comfort, and the probable result that of making these men a valuable portion of the population.
“Simon’s Bay, 24th Sept. 1817.