APPEARED personally the said William Edward Black, and produced the sworn declaration hereunto annexed, which set out the circumstances under which a dhow or native vessel, name and nation unknown, whereof Soodi was master and owner, of the description and dimensions specified in the annexed certificate of admeasurement, and containing three male slaves, was seized off Sindoo Island, in the dominions of His Highness the Sultan of Zanzibar, on the 29th day of December 1874, by the above-mentioned officer. I, the said Judge, having heard the evidence and examined witnesses on both sides, having found no proof that the said dhow or native vessel was engaged in the illegal transport of slaves, do adjudge the said vessel free of the above charge, and do order her to be restored to her owners and the said three slaves to be released; and I do further condemn the seizors in costs of suit, acquitting them of all claims for damages, compensation, demurrage, or other expenses that have arisen or may arise by reason of the said seizure. In testimony whereof 1 have signed the present decree and caused my seal of office to be affixed thereto this 1st day of January 1875. W. F. PRIDEAUX, CASE No. 20 OF 1875 Dhow "TOWA-TOWA," captured by H.M.S. "THETIS" 13th July 1875; restored in CONSULAR COURT at ZANZIBAR 15th July 1875. THE dhow was seized by the boats of the "Thetis," off the Island of Zanzibar, the statements of a slave found on board having led the captors to suspect that the vessel was engaged in the slave trade. On cross-examination in Court the slave's evidence broke down, and, no proof of slave trading remaining, the Court decreed both the vessel and the slave to be restored, condemning the captors in costs, but not in damages. The following is a copy of the letter of the Acting Consul-General reporting the proceedings : ACTING CONSUL-GENERAL SMITH to the EARL OF DERBY. (Received August 24.) MY LORD, Zanzibar, July 15, 1875. I HAVE the honour to forward, for your Lordship's information, a copy of a Decree of Restitution (with necessary documents), passed by me in the case of a dhow named "Towa-Towa," which was captured by the boats of Her Majesty's ship "Thetis," on the night of the 13th instant. The original evidence of the slave on board the dhow in question, which led to the detention of the dhow by the officer in charge of the boats, completely broke down under cross-examination; and there was no proof whatever that the dhow was engaged in the slave trade. The circumstances attending the case, however, were of a suspicious nature; and with the evidence of the slave boy on board were, in my opinion, quite sufficient to warrant the apprehension of the dhow. I, therefore, awarded no compensation to the nakoda or owner, who, with the passengers, suffered but only slight inconvenience, and merely condemned the seizors in the costs of the trial. I have, &c. C. B. EUAN SMITH. Inclosure in Case No. 20 of 1875. In the Court of Her Britannic Majesty's Consul-General at Zanzibar, Vice-Admiralty Jurisdiction. Our Sovereign Lady the Queen against an Arab dhow named "Tua-Tua," whereof Baraka is master, and Abdulla bin Saleh owner, her tackle, furniture, and apparel; and also against one male slave named Rehan, seized as liable to forfeiture by Lieutenant W. P. A. Ogle, in command of two boats of Her Majesty's ship "Thetis." Before me, C. B. Euan Smith, Esquire, Judge in Her Britannic Majesty's Consular Court at Zanzibar, on the 15th day of July 1875. APPEARED personally the said Walter Percival Acton Ogle, and produced the sworn declaration hereunto annexed, which set out the circumstances under which the above-mentioned dhow, of the dimensions specified in the annexed certificate of admeasurement, was seized off Manga Pani, in the Island of Zanzibar, on the 13th day of July 1875, by the officer above named. I, the said judge, having heard the evidence, and examined witnesses on both sides, having found no proof that the said dhow was engaged in the illegal slave trade, do adjudge the same to be free of the above charge, and do order her to be restored to her owner, and the said Rehan to be released, condemning the seizors in the costs of this suit; but acquitting them of all blame, and of any damages or compensation that may arise by reason of the said seizure. In witness whereof I have signed this decree, and caused my seal of office to be affixed thereto, this 13th day of July 1875. C. B. EUAN SMITH, Her Majesty's Officiating Consul-General and Judge. CASE NO. 21 OF 1875. Dhow, name unknown, captured by H.M.S. "LONDON," 25th July 1875; condemned in the CONSULAR COURT at ZANZIBAR 2nd August 1875. In this case the seizure was made by the boats of the 66 London on information given by four slaves, who said that they had escaped from the dhow, which had landed a cargo of slaves. The landing of the slaves was admitted by a man and a boy who were found alone in the dhow, but it was found at the trial in the Consular Court that the four slaves, who had come off to the “London's” boats and given the information, had not formed part of the slaves so landed, but were "runaways" from an estate near which the dhow had disembarked her cargo. The Court condemned the vessel, but decreed the four slaves to be restored to their owners. The following is a copy of the Acting Consul's Despatch reporting the case :- ACTING CONSUL-GENERAL SMITH to the EARL OF DERBY. (Received September 28.) MY LORD, Zanzibar, August 14, 1875. I HAVE the honour to forward, for your Lordship's information, copy of a Decree of Condemnation, with necessary documents, passed by me in the case of a dhow, name unknown, captured by the boats of Her Majesty's ship "London" on the 25th July 1875, and heard in Court on the 2nd August 1875. From the evidence produced in Court it was proved that while Lieutenant Percy Hockin, of Her Majesty's ship London," was cruising off Pemba with the boats of Her Majesty's ship "London" on the 22nd July, he was informed that a dhow, painted in a peculiar way, had run a cargo of fifty-five slaves on the 20th instant at Fundo Island. On the 23rd July he observed a canoe coming out of Fundo Gap with one man on board, who said that he was a slave who, with three others waiting on the beach, had escaped from a dhow, which had landed fifty-five slaves at Fundo Island on the 20th July. Mr. Hockin embarked these four slaves, who told him that the dhow had gone to Kohani, whither he proceeded to search for her, but without success. He, however, continued his search on the numerous creeks and inlets in the neigh bourhood, and on the 25th discovered the dhow, which was painted in a most peculiar manner, concealed in a creek a little to the north of Kohani. The slaves at once recognized the dhow as the one in which they had been transported, and a boy and a man being discovered on board her admitted the fact that she had run a cargo of fifty-five slaves on the 20th July. It was ascertained that the owner and nakhoda of the dhow was a man named Sudi, but he never appeared, though he was said to live close to the spot where the dhow was captured, and where the boats of Her Majesty's ship "London" remained for two days before finally burning the dhow on the evening of the 27th July. The case against the dhow was clearly proved in Court, and there was no defence. I accordingly passed a Decree of Condemnation against her, finding also that her destruction by burning was a necessary measure. With regard, however, to the four slaves picked up by Lieutenant Hockin, they were claimed by the Regent for their Arab masters, from whom it was stated they had run away some time previously. This they also admitted, stating that they had gone to Pangani and re-embarked there on the dhow in question to come to Pemba. I, therefore, ordered their restitution to their lawful owners. I have, &c. C. B. EUAN SMITH. Inclosure in Case No. 21 of 1875. In the Court of Her Majesty's Consulate-General at Our Sovereign Lady the Queen against a dhow or vessel, name unknown, whereof one Sudi was said to be master and owner, her tackle, furniture, and apparel, and also against four male slaves seized as liable to forfeiture by Lieutenant Percy Hockin, R.N., of Her Majesty's ship "London." Before C. B. Euan Smith, Esquire, Judge in Her Majesty's Consulate-General Court at Zanzibar on the 2nd day of August 1875. APPEARED personally the said Percy Hockin, and produced the sworn declaration hereunto annexed, setting out the circumstances under which a dhow or native vessel, of the description and dimensions specified in the annexed certificate of admeasurement, was seized in a creek off the Island of Pemba, on the 25th day of July 1875, by the officer above named. I, the said Judge, having heard evidence on both sides, having found sufficient proof that the vessel at the time of her arrival at the said Island of Pemba was engaged in illegal slave traffic, do adjudge the said vessel, her tackle, furniture, and apparel to have been lawfully seized and to be forfeited to our Sovereign Lady the Queen, and do condemn the same accordingly; and I declare that the destruction of the dhow by the seizors was inevitable under the circumstances, and I approve thereof; and it having been clearly proved that the four male slaves who were seized by the said Lieutenant Percy Hockin, and produced before me in this case, had run away from their master, and were not intended for sale, I hereby decree the restitution of each and every of them to their lawful owner. In testimony whereof I have signed the present decree, and have caused my seal of office to be affixed thereto the 2nd day of August 1875. Dhow C. B. EUAN SMITH, Her Majesty's Acting Consul-General, Judge. CASE NO. 26 OF 1875. "MAROMBE," captured by H.M.S. "London," 13th August 1875; restored in the CONSULAR COURT of ZANZIBAR 16th August 1875. In this case the dhow was seized on the ground that there were on board five slaves, four females and one boy. At the trial it was found that the vessel belonged to the Wali or Governor of the Island of Chole, whose sister and daughter were returning in her to Zanzibar, where their husbands lived, and that all the five slaves were domestic slaves in attendance on their Arab mistresses. The Court decreed restitution of vessel, cargo, and slaves. The following is a copy of the Consul General's letter reporting the proceedings : ACTING CONSUL-GENERAL SMITH to the EARL OF Zanzibar, August 20, 1875. MY LORD, I HAVE the honour to forward, for your Lordship's information, copy of a Decree of Restitution passed by me in the Vice-Admiralty jurisdiction of the Consul-General's Court here, on the 16th August 1875, in the case of a dhow named the "Marombe," seized by the boats of Her Majesty's ship" London " on the 13th August 1875. It was proved in evidence that Sub-Lieutenant Target, of Her Majesty's ship "London," boarded this dhow, which was sailing with a full cargo of cocoa-nuts and fiftythree female passengers, in addition to her crew, from the Island of Monfia to Zanzibar, off Ndégé Point, about sixty miles from Chole, her port of departure in Zanzibar. SubLieutenant Target found four female slaves and one boy slave on board, who did not give a sufficiently satisfactory account of themselves, and he therefore considered himself justified in detaining the dhow in question, and bringing her to Zanzibar. The whole of the other passengers declared they were free, many of them being in attendance on Arab ladies of rank who were on board the dhow. On examination, however, of the five slaves who were produced by the prosecutors as proving the culpability of the dhow, I found that they were simply domestic slaves in attendance on their Arab mistresses, in capital condition, and all speaking Swahili perfectly. With the exception of one they all declared that they were on the dhow by their own free will, and much wished to return to their mistresses; and one alone said she was travelling on the dhow against her free will. This was the only evidence adverse to the dhow; but this witness was not consistent in her statements-she prevaricated and contradicted herself, and it was quite impossible that I should convict the dhow on an unsupported statement of this nature. She had been embarked in attendance on her mistress, and had, by her own showing, made no sort of objection to the procedure, and it was not even pretended that there was an intention of selling her or any other of the slaves or passengers on board the dhow. In addition to this there was no sort of attempt at concealment on the part of any of the people connected with the dhow. She belonged to an influential Arab at Monfia, who was sending his family to Zanzibar; she was duly expected here, and it was evident had nothing to do with the slave trade. The irregularity in her name being different to that which was originally written in her Arab pass was explained to my satisfaction; and though her papers were four years old, that is a common occurrence among Arab vessels, whose owners and nakhodas often consider it unnecessary to get them renewed. It was evident that, through fear, the slaves had not told their true story when they were taken by Lieutenant Target on board the boats of Her Majesty's ship "London;" their Arab mistresses had also been afraid to claim them at the time; and this, and the fact of so many women on board exciting his suspicion, caused Lieutenant Target to detain the dhow. I considered that he was on the whole justified in so doing, and therefore, while awarding a Decree of Restitution of the slaves, dhow, and cargo, have protected the seizors against any claims arising for damages for loss or detention. I have, &c. C. B. EUAN SMITH. Inclosure in Case No. 26 of 1875. In the Court of Her Majesty's Consulate-General at Zanzibar, Vice-Admiralty Jurisdiction. Our Sovereign Lady the Queen against an Arab dhow named Marombe," whereof Farahan is master, and Salim-bin-Saeed owner, her tackle, furniture, apparel, and cargo, and also against one male and four female slaves, seized as liable to forfeiture by Sub-Lieutenant Henry William Target, of Her Majesty's ship "London." Before me, C. B. Euan Smith, Esquire, Judge in Her Majesty's Consular Court at Zanzibar, on the 16th day of August 1875. APPEARED personally the said Sub-Lieutenant Henry William Target, and produced the sworn declaration hereunto annexed, which set out the circumstances under which the above-mentioned dhow, of the dimensions specified in the annexed certificate of admeasurement, was seized off Ras N'dege, on the 13th day of August 1875, by the officer above named. I, the said Judge, having heard the evidence, and examined the witnesses produced on both sides, having found no proof that the said dhow was engaged in the illegal slave trade, and it having been clearly proved to me that the said one inale and four female slaves were domestics accompanying the families to which they belonged, and not being transported for sale or against their will, do decree the restitution of the said dhow, with her tackle, apparel, furniture, and cargo, and also the said slaves to their lawful owners, condemning the seizors in the costs of this suit, but acquitting them of any claims for compensation or damages that may be brought against them by reason of this seizure. In witness whereof I have signed the present decree, and have caused my seal of office to be affixed thereto, this 16th day of August 1875. C. B. EUAN SMITH, Her Majesty's Consul-General and Judge. CASE No. 27 OF 1875. Dhow, name unknown, captured by H.M.S. "LONDON," 9th August 1875; condemned in the CONSULAR Court at ZANZIBAR 21st August 1875. In this case the dhow was seized by the "London's " boats on information given by one of her crew, and confirmed by a passenger found on shore, and the truth of which was ultimately admitted by the nakhoda, that she had shortly before loaded seven slaves belonging to the owner of the dhow. The nakhoda and two other men, her crew, being found to be also slaves of the same owner, were seized and carried to Zanzibar. The Court condemned the dhow as having at the time of her capture been engaged in the slave trade. The nakhoda and her crew were also condemned as forfeited, not as having been intended for sale or conveyed in the dhow against their will, but on the ground that they "were "clearly proved to be the property of her owner, and employed by him in their unlawful traffic." The following is a copy of the Acting-Consul's despatch : ACTING CONSUL-GENERAL SMITH to the EARL OF DERBY.-(Received September 28.) MY LORD, Zanzibar, August 23, 1875. I HAVE the honour to forward, for your Lordship's information, the copy of a Decree of Condemnation, with necessary documents, passed by me in the case of a dhow, name unknown, which was captured by the boats of Her Majesty's ship" London," on the 9th day of August 1875, and tried in the Vice-Admiralty side of the ConsularGeneral's Court at Zanzibar, on the 21st of August, on the charge of being concerned in the illegal traffic of slaves. From the evidence sworn to in Court, it appears that on the evening of the 9th August, Lieutenant Percy Hockin, of Her Majesty's ship London," cruizing off Pemba, observed a dhow making for Tongoni Gap, which altered her course and pulled in towards the shore immediately she saw the English boat. Lieutenant Hockin, however, boarded the dhow and found four people on board, of which the nakhoda and two men were slaves, belonging to the owner of the dhow, an Arab, named Ali bin Esa Maskari ; the other being a free man, a passenger. The dhow was found to smell very strongly, as if it had but lately been occupied by negroes, and there was a considerable quantity of cooked Indian corn and cassava root lying about the deck, with a number of mats rolled up and put away in a corner. The general appearance, in short, leading to the belief that the dhow had but lately disembarked a number of slaves. On examining the crew, one of them confessed that they had lately run slaves, namely, two men, four women, and a boy; and this man conducted Lieutenant Hockin to the place where the slaves had been landed, on a sandy beach some three miles to the north of Tongoni Gap. Lieutenant Hockin landed at the spot, with three men and an interpreter, and proceeded to a village some distance inland, where he found another man who had been a passenger in the dhow, and was recognized by his original informant. This man also confessed that seven slaves had been landed shortly before from the dhow in question, which slaves he said belonged to an Arab of Pangani, named Ali bin Essa Maskari, and which had been taken into the bush when they just heard the arrival of Lieutenant Hockin at the village. Lieutenant Hockin was, however, unable to trace those slaves. He was compelled to burn the dhow, as she was quite rotten, and it was impossible to bring her back to Zanzibar against the monsoon; and he was, in my opinion, quite justified in so doing. The case against the dhow was clearly proved in Court by overwhelming evidence, and there was no attempt at a defence. I accordingly decreed her condemnation, as well as the forfeiture of the three slaves found on board, who were clearly proved to be the property of her owner, and employed by him in this unlawful traffic; and I have requested the Arab authorities that they will seize and punish the man in question as speedily as possible. I trust that my proceedings may meet with your Lordship's approval. I have, &c. C. B. EUAN SMITH. Inclosure in Case No. 27 of 1875. In the Court of Her Majesty's Consul-General at Zanzibar, Our Sovereign Lady the Queen against the native dhow or vessel, name unknown, whereof one Hamis was master, her tackle, furniture, and apparel, and also against three male slaves seized by Lieutenant Percy Hockin, of Her Majesty's ship" London," as liable to forfeiture. Before C. B. Euan Smith, Esquire, Judge in the Court of Her Majesty's Consulate-General at Zanzibar, on the 21st day of August 1875. APPEARED personally the said Lieutenant Percy Hockin, and produced the sworn declaration hereunto annexed, setting out the circumstances under which the abovementioned dhow, of the dimensions specified in the annexed certificate of admeasurement, was seized by the said officer, off the Island of Pemba, on the 9th day of August, 1875. I, the said Judge, having heard the evidence and examined witnesses on both sides, having found sufficient proof that the said vessel, at the time of her capture, was engaged in illegal slave traffic, do adjudge the same, with her tackle, furniture, and apparel, and also the said three male slaves, to have been lawfully seized, and to be forfeited to our Sovereign Lady the Queen, and do condemn the same accordingly; approving at the same time of the course pursued by the seizors in the destruction of the said vessel. In testimony whereof I have signed the present decree, and have caused my seal of office to be affixed thereto, this 21st day of August 1875. C. B. EUAN SMITH, 1. DR. KIRK to the EARL OF DERBY. H.M. Political Agency and Consulate-General, MY LORD, Zanzibar, January 10, 1876. I HAVE the honour to acquaint your Lordship that yesterday I received a notice from Captain J. B. Sulivan, of H.M.S. "London," that one of his boats had brought down five fugitive slaves who came off in a canoe from a place near Chak Chak, in Pemba, stating that their master beat them, and they wanted to be free. Captain Sulivan having asked me what course he ought to pursue, I have directed him to take his orders from the senior naval officer present, and to follow whatever instructions of the Lords Commissioners may now be in force. I have at the same time advised Captain Ward, the senior naval officer, that, as the case of a fugitive slave does not fall within the limits of my Admiralty jurisdiction, thus preventing me from decreeing freedom by an act of Court, I am of opinion that the proper course for Captain Sulivan to follow will be to give to each fugitive slave a formal certificate to the effect that he was landed from on board one of H.M. ships, and is thereby free. This certificate I shall countersign and seal in attestation, and should the slave's freedom be questioned, and attempt be made to re-enslave him, shall bring the case before His Highness, and use my official influence in the matter in any way your Lordship may think fit to direct. This course I have deemed it expedient to follow, pending the issue of fresh instructions to supersede those lately cancelled and withdrawn with reference to fugitive slaves. I may here explain further, that in the present case the receipt of the slaves on board of the boats became matter of necessity, and that they were during the passage from Pemba afloat under the British flag outside the territorial waters of Zanzibar. I trust that the course in this matter now followed may meet with your Lordship's approval. I have, &c. JOHN KIRK, H.M. Agent and Consul-General. To H.M. Principal Secretary of State for Foreign Affairs, &c. &c. &c. 2. MR. LISTER to DR. KIRK. SIR, Foreign Office, February 26, 1876. I HAVE laid before the Earl of Derby your despatch, No. 15, of the 10th ultimo, respecting five fugitive slaves who had come off in a canoe from a place near Chak Chak, in Pemba, stating that their master had beaten them, and that they wished to be free, and who had been brought down to Zanzibar by one of the boats of H.M.S. "London." I am now directed by his Lordship to state to you that he must await fuller information before giving an opinion as to the course pursued in this instance. I am, &c. T. V. LISTER. 3. DR. KIRK to the EARL OF DERBY. H.M. Political Agency and Consulate-General, MY LORD, Zanzibar, February 2, 1876. HAVING reference to the course followed in dealing with fugitive slaves who had escaped to the boats of H.M.S."London" off the Island of Pemba, as reported by me in No. 15 of the 10th ultimo, I have the honour to state that the certificate given three slaves on their begging to be landed on the African coast was eventually modified so as to contain simply a statement of their case, leaving their status open by the omission of the words that "they were thereby free,' as stated by me in writing to your Lordship. I annex copy of the certificate granted to each on being landed, as he was by his own request, on the coast of the mainland at Bagamoyo. Since the above occurred I have received from Captain Sulivan, of H.M.S. "London," copy of the Admiralty Instruction on the subject of Fugitive Slaves, No. 51 M., command, then cruising for the suppression of the slave trade, and did claim the protection of the English flag. This certificate is granted on application to be landed in the Zanzibar dominions. Given on board H.M.S. having made at Zanzibar. Captain and Senior Officer. |