"أوراق تتعلق بتجارة الرقيق على الساحل الشرقي لأفريقيا والنظام المتبع لكبحها" [ظ‎‎٤‎٧] (٧٢/٣٤)

34
captures made by the British navy, and those Courts are in duty bound to award damages
and costs to the owners of vessels illegally captured; but then it must be proved that such
captures were illegal. Rumours alone or hearsay evidence cannot be accepted as testimony
in the said Vice-Admiralty Courts, and from the experience I have in such matters, I may
be allowed to say that a serious defence is scarcely ever made. The reason for this is
generally to be attributed to the irrefutable nature of the evidence produced by Her
Majesty's ships of war, the knowledge of which makes native captains decline any further
pursuit of their rights. Then, again, in many instances, at the sight of a man-of-war, the
dhows with their live cargoes on board are dashed into the foaming surf. Were they legal
traders, would they thus themselves destroy their own property at the risk of their lives ?
It is usually maintained in other parts of the world that the absence of papers justifies
the seizure of a vessel; but the Commodore of this station has given it as his opinion that
the cruizers under his command should not capture dhows on that plea alone. Nor would
the fact alone of the crew being black be a sufficient reason for condemning them. In the
face of such exceptional difficulties, the commanders of Her Majesty's cruizers are obliged
to resort to other means of detecting the true nature of the vessels they board, and in so
doing they must necessarily be guided by the fittings of the said vessels and also by the
admission of the slaves themselves, who do not usually conceal the fact of their being
slaves. Out of the fifteen dhows captured off Brava by Her Majesty's ship " Daphne,"
three ran ashore and were broken to pieces before the ship's boats could get up to them;
their cargoes, consisting of slaves, were driven inland and escaped. The remaining twelve,
captured on the high seas, had slaves on board.. I am not aware that any dhows were
destroyed by the "Daphne" without slaves. Many had passes from your Highness
showing them to be respectable traders, and the greater part had taken in other
merchandize besides slaves. They had come from the south, where slaves were cheap,
and were proceeding towards the Benadir (Somali coast), at which places they were dear;
and the native captains of the dhows may very well have vested a little capital in a private
speculation without the knowledge of the owners. This circumstance, however, cannot
affect the legality of the prize.
Without pretending to point out to your Highness the course that should be pursued
in the emergency of your subjects' vessels being placed under the French flag without
your authority, allow me to observe that in my humble opinion it behoves your Highness
to oppose so objectionable a proceeding, as well as to adopt such steps as will more
effectually protect those of your subjects engaged in legitimate trade from the consequences
of the evil acts of those who, contrary to your edicts, continue to carry on the Slave
Trade; and I avail myself of this opportunity to name the Governor of Pemba as one
who, though called upon to execute your Highness' orders^ nevertheless sends slaves to
the north, as the inclosed letter will prove.
I will conclude this letter by adding that your Highness may depend on my opposing
the exercise of all arbitrary power on the part of Her Majesty's ships of war, but that I
shall, at the same time, steadfastly uphold their acts when they are just and in accordance
with our Treaty rights and the law of nations.
I have, &c.
(Signed) HY. A. CHURCHILL.
No. 39.
Mr. Churchill to Lord Stanley—{Received February 24, 1869.)
My Lord^ Zanzibar, December 21, 1868.
I HAVE the honour to acknowledge the receipt, on the 19th instant, of your Lord
ship's despatch marked Slave Trade No 11 of the 17th of October relative to the Queen
of Mohilla, by which I am instructed to avoid entering into any questions bearing on the
relations of Queen Fatima with the French Government, and to decline to interfere in her
affairs. In reply, I beg leave to assure your Lordship that the instructions I have received
shall be strictly adhered to. , , , , n
Your Lordship will be gratified to learn that the policy 1 had adopted consequent on
the official information I had received from the Government of Bombay with reference to
vour Lordship's attitude in this affair, has been in perfect accordance with the wishes of
Her Maiesty's Government.
I have, &c.
(Signed) HY. A. CHURCHILL.