"أوراق تتعلق بتجارة الرقيق على الساحل الشرقي لأفريقيا والنظام المتبع لكبحها" [و‎‎٦‎٤] (٧٢/٦٧)

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A Membas Arab, named Ali bin Nasser, was the owner, living at Membas. He sent
his dhow to Zanzibar, with authority to his agent either to sell or charter her as seemed
most profitable. Not finding a purchaser, she was chartered by a company of Membas
Arabs, who sailed in her for Lindi, a port about fifty miles south of Quiloa. These Arabs
placed on board a valuable cargo of cloth and powder, part of which seems to have been
landed at Quiloa. On passing Kiswara harbour, which is about twenty miles south of
Quiloa, they run out of water, having met with contrary winds. On entering the bay
they found Her Majesty's ship "Nymphe" at anchor. Being ordered to go on board they
lowered their boat and did so, but as the captain and most of the officers were out in the
boats at the time, the captain of the dhow was detained until the following morning, when
the dhow was burned after all the goods had been removed.
The captain and officers of Her Majesty's ship considered themselves justified in so
doing, 1st, because there were on board six slaves, some of whom they say were to be
sold on the African coast; 2nd, because she had slave papers on board ; 3rd, because the
cargo was for the purchase of slaves.
After a very careful examination of the evidence, I am convinced that this dhow was
not engaged in the Slave Trade, nor is there any proof that she was intended for it, but on
the contrary, that she was a legal trader.
The slave lists have been fouud to have no reference to this voyage ; and it was the
duty of the ship's interpreter to have pointed this out, as it is plainly written on the face
of them that they are of old date, and both of them made out where slaving is allowed
by Treaty, along 500 miles of coast.
In Court it appeared that this interpreter cannot read either Arabic or Sowaheli; even
the Sultan's dhow pass given to the vessel, which he himself had assisted to destroy, he
could not translate ; and although he did know that the so-called slave papers were lists
of names, he could not tell the date.
There being no proof that the cargo was for the purchase of slaves, and it being
absurd to think that Zanzibar slaves would be sold at the coast, the only fact remaining
was that this dhow had six slaves on board. Now, looked at in the spirit of the Treaties
with Zanzibar, this is, in my opinion, a matter of no importance under the circumstances.
These six slaves were domestic slaves of the Arab merchants on board ; some had followed
their masters on former voyages even as far as Arabia; others had been born in the
family, and all had lived for a long time with those they now served. They were now
going to a place where slaves could not be sold, and the season had passed for reaching
Madagascar.
Being taken in one of the Sultan's harbours south of Quiloa, the capture could only
be mace under the letter of Seyd Saeed, of the 6th of May, 1850, wherein it is expressed:
"All vessels found in these places (i.e., between Quiloa and Cape Delgado) to whomsoever
belonging, if engaged in the Slave Trade, may be seized." Now, 1 am of opinion that no
Arab, on signing such a concession, would for a moment think that the present case was
one of slave-trading, nor would the summary destruction of such a dhow be justified,
unless she had a full cargo of slaves, or could be clearly brought under the plain meaning
of " slave-dealing."
1 take this opportunity most respectfully to submit to your Lordship that under
existing Treaties, the position of the Commander of one of Her Majesty's ships, or that
of Judge in the Vice-Admiralty Court at Zanzibar is one peculiarly embarrassing and
unsatisfactory.
Our naval officers work well in a difficult and responsible situation.
I am not aware that hitherto a single Zanzibar dhow has escaped condemnation; but
it is to be remembered that before a Court at a distance, when all those interested have
been sent on shore at the nearest point to which the dhow has been taken, a trial is ex parte
and the prize must of necessity be condemned.
And it is a fact that I have just received from the Bombay Government thirty-six
free men, negroes, but sailors, who had been passed to Bombay from Aden, among the
sixty slaves taken last year by Her Majesty's ship " Star " near Brava. It is very singular
indeed that upwards of half the so-called slaves should have to be sent back at Govern
ment expense to Zanzibar after the dhows from which they had been freed had been
condemned.
I have, &c.
(Signed) JOHN KIRK.