African Economic History 40 2012

African Economic

History

40

2012

EDITORS

Mariana Candido Paul E. Lovejoy

Department of History Department of History

University of Kansas Harriet Tubman Institute for Research

Lawrence, KS 66045 on Africa and Its Diasporas

FAX 785/864-5046 York University

[email protected] North York, Ontario

FAX 416/736-5836

Jennifer Lofkrantz [email protected]

Department of History

SUNY-Geneseo

Geneseo, NY 14454

FAX: 585/245-5161

[email protected]

EDITORIAL BOARD

Gareth Austin Toyin Falola

The Graduate Institute of International Department of History

and Development Studies University of Texas

Geneva, Switzerland Austin, TX 78712

[email protected] FAX 512/475-7222

[email protected]

Colleen Kriger

Department of History Donna Maier

University of North Carolina-Greensboro Department of History

P.O. Box 26170 University of Northern Iowa

Greensboro, NC 27402-6170 Cedar Falls, IA 50614

FAX 336/334-5910 FAX 319/273-5846

[email protected] [email protected]

MANAGING EDITOR PUBLICATIONS MANAGER

Neil Kodesh Stephen Pierce

[email protected] [email protected]

African Economic History is published by the African Studies Program at the University of

Wisconsin-Madison in collaboration with The Harriet Tubman Institute for Research on Africa and

Its Diasporas at York University, Toronto. Published June 2015.

Limited copies of most previously published volumes are available from the African Studies

Program, University of Wisconsin, 205 Ingraham Hall, 1155 Observatory Drive, Madison, WI

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ISSN 0145-2258

All volumes are $22.00 each to individuals, $44.00 each to institutions.

©Copyright 2015 by the Regents of the University of Wisconsin

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African Economic

History

Special Issue: Documents Relating to Slave

Laws & Practices in West Africa

40

2012

Paul E. Lovejoy, Olatunji Ojo and

Yacine Daddi Addoun, eds.

CONTENTS

Documents on Slavery in West Africa—An Introduction 1

Paul E. Lovejoy

Document 1:

Introduction to Code de l’esclavage chez les Musulmans 7

Yacine Daddi Addoun

1. Code de l’esclavage chez les Musulmans (1848) 12

Eugène Daumas and Ausone de Chancel

Document 2:

Introduction to Letters found in the House of Kosoko 37

Olatunji Ojo

2. Letters Found in the House of Kosoko, King of Lagos (1851) 60

Document 3:

Introduction to the Native House Rule Ordinance 127

Olatunji Ojo

3. The Southern Nigeria Native House Rule Ordinance (1901) 129

Documents 4-9:

Introduction to Slavery Documents, 137

Protectorate of Northern Nigeria

Paul E. Lovejoy

4. Slavery Proclamation, Kano (1903) 141

Frederick D. Lugard

5. Memorandum No. 6 — Slavery Questions (1905) 143

Frederick D. Lugard

6. Memorandum No. 22—The Condition of Slaves and

the Native Law Regarding Slavery (1906) 177

Frederick D. Lugard

7. Native Courts Byelaws, Sokoto Province (1917) 197

(SNP 769p/1916)

8. Advisory Council, Sokoto, Concubinage and Dowry (1931) 199

(Sokprof 1640)

P. G. Butcher

9. Status of Slavery, Northern Provinces, 1936 (Sokprof 4277) 203

G. W. Izard

Contributors 209

African Economic History v. 40 (2012): 1-6

DOCUMENTS ON SLAVERY IN WEST AFRICA:

AN INTRODUCTION

Paul E. Lovejoy

his special issue of African Economic History focuses on documents

on the legal dimensions of slavery and the efforts of colonial

regimes, particularly British and French, to understand the local

context of slavery and then to reform the institution in ways that would

not interfere with the establishment of colonial rule. These aims usually

involved various attempts to redefine the legal status of slavery without

specifically challenging the control of masters over slaves, although the

intention was to implement changes that result in the eventual ending of

slavery. There is now an extensive scholarship on the impact of colo-

nialism on the gradual termination of slavery and the altered forms of

social control that persisted for decades into the twentieth century and to

some extent continues to affect the perpetuation of slavery into contem-

porary times. These documents, therefore, are useful in the ongoing

scholarly analysis of slavery and its demise. The focus in this issue is

largely on Nigeria, although an important exception is the materials in

French by Eugène Daumas and Ausone De Chancel on Islamic societies

as interpreted in Algeria. Moreover, the documents from the Lagos

palace of Kosoko at the time of British occupation in 1851 do not relate

to colonial policies but rather to the attempts of Portuguese and Lagos

merchants to carry on the slave trade during the period of British naval

blockade of the West African coast during the anti-slave trade campaign

of the nineteenth century.

The first document is the interesting creation of Daumas and

Chancel, who recorded what they called a Code de l’esclavage chez les

musulmans in Algeria in the 1840s (Document 1).1 Admittedly their

interest in Algeria was to promote French expansion into and across the

Sahara and therefore they made up stories when convenient, such as the

lengthy description of a caravan journey across the Sahara to the Sokoto

Caliphate, and specifically to Katsina in the 1830s. The account is clearly

T

2 PAUL E. LOVEJOY

a fabrication because at the time caravans crossed the Sahara in relays,

not in one continuous journey, because of the political economy of the

Sahara that was managed through overlapping confederations of nomads.

Their Code de Esclavage is also a compilation and hence not a real code

but rather their interpretation of Islamic law and practice. Daumas and

Chancel relied on legal opinions that they solicited in Algeria. They cite

Muslim authorities with respect to marriage, concubinage, and other

matters that relate to slavery. These can also be compared with the

official reports of Georges Poulet, Ernest Roume, and Georges Deherme

on slavery practice and law in the French colonies of West Africa. These

later reports are interesting in themselves. For example, Deherme

provided an exhaustive list of sources and opinions on matters relating to

slavery and his discussion of measures taken in French colonies and

West Africa before 1905 is important as an indication of the wealth of

material that is available to study slavery in the areas that were

incorporated into the French empire.2

The second set of documents (Document 2) is the correspondence

seized by the British in the occupation of Lagos in 1851 and include

materials in Portuguese and the translations of these documents that were

undertaken by British officials so that the efforts to suppress the slave

trade from West Africa could be better enforced. The analysis by Ojo

establishes the context for the rule of Kosoko and his engagement in the

slave trade, principally with Brazilian merchants. The original Portuguese

text is included as well as the British translation. Notation is kept to a

minimum, although some obvious problems in translation and analysis

are noted. As with other documents that are included in this special issue,

our interest is to make these materials accessible, not to provide a full

analysis. Similarly, the Native House Rule Ordinance (Document 3) is

included here to demonstrate British policy toward slavery in the

Protectorate of Southern Nigeria (modern south, central and eastern

Nigeria, whereby slavery was not officially recognized as anything more

than social relationships confined within domestic contexts.

The documents on the Protectorate of Northern Nigeria include

Lord Frederick Lugard’s public declaration on slavery that was made at

Kano upon British occupation of the city in 1903, in which Lugard tried

to make it clear that British intentions were not to interfere with slavery

or to emancipate slaves (Document 4).3 As High Commissioner of the

Protectorate, Lugard introduced a policy, fashioned on a model derived

from British India, that abolished the legal status of slavery so that

DOCUMENTS ON SLAVERY IN WEST AFRICA 3

colonial courts did not recognize the status of slavery but held that

enslavement and slave trading were criminal offences and thereby did

not directly affect the status of slaves and certainly did not emancipate

slaves or end slavery. This policy was similar to what the British

implemented elsewhere in the “new” empire of the Scramble, including

on the Swahili coast of East Africa, Ghana, Sierra Leone beyond the

peninsula where Freetown was located, the Gambia and elsewhere. The

policy was most fully articulated in two memoranda from 1905 and 1906

that are reproduced here, Memorandum No. 6 and No. 22 (Documents 5

and 6), which are an indication of the discussion that was taking place

among early colonial officials, especially Herbert Richmond Palmer,

Charles Lindsay Temple, Herbert S. Goldsmith, Travers Buxton, W.P.

Hewby and others, as well as the reports of specific alkali (qadi) in Bida,

Sokoto, Kano, Katsina and elsewhere, that were summarized in

Memorandum 22 of 1906 (Document 6).4 These memoranda are impor-

tant not only in studying the evolution of colonial policy towards slavery

but they also provide extensive information on how slavery functioned in

the Sokoto Caliphate, Borno and adjacent areas in West Africa.

No claim is made for a comprehensive survey or complete list of

documents; rather, what is provided here will be useful to researchers

and students for comparative purposes and is therefore a contribution to

the accessibility of materials that relate to slavery in West Africa. Some

of these documents were collected during the course of research on the

history of slavery in early colonial Northern Nigeria, which was

conducted in collaboration with Jan S. Hogendorn. That research resulted

in a book, Slow Death for Slavery: The Course of Abolition in Northern

Nigeria, 1897-1936 (Cambridge University Press, 1993), and a series of

articles that drew attention to the development of slavery policy under

Sir Frederick Lugard, High Commissioner of the Protectorate of

Northern Nigeria until 1906 and then Governor of a united Nigeria from

1912-19.5 Lugard’s memoranda on slavery are particularly valuable since

Lugard drew on reports from local Muslim judges (qadi, alkali). Lugard

made himself well informed on practices in the Sokoto Caliphate at the

time of the British conquest between 1897 and 1903, just as he was on

East Africa and India. His Memorandum No. 6 and Memorandum No. 22

of 1905 and 1906 are included here because of their importance but also

because they reflect these broader influences. Lord Lugard would later

be the British representative to the League of Nations on the slavery

issue and indeed was the first contributor to the EncylopaediaBritanica

4 PAUL E. LOVEJOY

on the entry under “slavery.” Despite his role in perpetuating slavery, he

was also a negotiator in undermining slavery. The historical contradict-

tions in his career are worthy of a full study.

An example of the evolution of slavery policy in Nigeria, speci-

fically the north, is the slavery bye law from Sokoto that dates to 1916,

which demonstrates that the issue of slavery continued to concern the

British administration well into the second decade of British occupation

(Document 7). Subsequent memoranda, such as those on concubinage in

Sokoto in 1931 (Document 8), and the final abolition of slavery in 1936

(Document 9) demonstrate the evolution of colonial policy. The territory

of the Sokoto Caliphate was comprised of some 33 emirates and the twin

capital districts of Sokoto and Gwandu and included numerous sub-

emirates and many, at least several hundred, towns and cities that were

walled and surrounded by satellite settlements that were slave plan-

tations, villages, and towns, such as Fanisau near Kano and Wurno north

of Sokoto.6 Hence the issue of slavery was a major concern of British

officials, especially in the first decade of colonial rule and even after the

opening of the railroad from Lagos to Kano in 1911.

The Northern Nigerian materials can be compared with the

materials from Algeria and French West Africa because of the Islamic

context. While the French and Northern Nigeria legal context was clearly

Islamic, which the colonial regimes attempted to adjust and shape. The

non-Muslim parts of West Africa also confronted the question of slavery

under colonialism. In Southern Nigeria, which Lugard inherited in 1912,

the Native House Rule Ordinance attempted to deal with slavery by

requiring that every person be responsible to the Head of a House, which

was defined in a manner that meant that slave owners retained

considerable control over their dependents. In the Gold Coast and Lagos,

the British first instituted the India model of legal status abolition, by

which the colonial courts were instructed not to recognize issues of

slavery because enslavement and trading in slaves had been declared

criminal offences and therefore to be brought before colonial courts,

where local custom and Islamic law were both ignored.

In order to provide context, these texts should be compared with

other available materials, such as the treatise of Ahmad Baba of 1613

and Infaq al-maysur of Muhammad Bello of 1813, and the treaty

negotiated between British diplomat Hugh Clapperton and Caliph Bello

in 1824, which was never enacted by Britain but nonetheless reveals

African attitudes towards slavery and its legal and moral context.7

DOCUMENTS ON SLAVERY IN WEST AFRICA 5

Moreover, the recent studies of the “voices” of slaves during the colonial

era, as represented in the various studies under the direction of Martin A.

Klein, Sandra Greene and Alice Bellagamba, the research of Benedetta

Rossi, numerous Ph.D. theses and publications, such as those of Idrissou

Shehou, Chetima Melchisedek, Bashir Salau, and many others, need to

be studied for additional documentation, especially oral documentation.8

Similarly, the many biographical accounts that are coming to light need

to be incorporated into the discussion. The documents published here are

intended as a contribution to this much wider body of scholarship.

NOTES

1 M. J. E. Daumas and A. de Chancel, Le grand desert. Itineraire d'une caravane du

Sahara au pays des negres (Royaume de Hoaussa) (Paris. 1848). 2 Paul E. Lovejoy and A. S. Kanya-Forstner, eds., Slavery and its Abolition in French

West Africa: The Official Reports of G. Poulet, E. Roume, and G. Deherme (Madison,

African Studies Program, 1994). 3 Chinedu N. Ubah, Government and Administration of Kano Emirate, 1900-1930

(Nsukka: University of Nigeria Press, 1985), 217. 4 Frederick D. Lugard, Instructions to Political and Other Officers, on Subjects Chiefly

Political and Administrative (London: HMSC, 1906). 5 Paul E. Lovejoy and J.S. Hogendorn, Slow Death for Slavery. The Course of Abolition

in Northern Nigeria, 1897-1936 (Cambridge: Cambridge University Press, 1993); Lovejoy

and Hogendorn, "Keeping Slaves in Place - The Secret Debate on the Slavery Question in

Northern Nigeria, 1900-1904," in Stanley Engerman and J.E. Inikori, eds., The Atlantic

Slave Trade: Effects on Economies, Societies, and Peoples in Africa, the Americas, and

Europe (Durham, N.C.: Duke University Press, 1992), 49-75; Lovejoy and Hogendorn,

"The Development and Execution of Frederick Lugard's Policies Toward Slavery in

Northern Nigeria," Slavery and Abolition 10:1 (1989), 1-43. 6 Paul E. Lovejoy, Slavery, Commerce and Production in West Africa: Slave Society in

the Sokoto Caliphate (Trenton, NJ, Africa World Press, 2005); Mohammed Bashir Salau,

The West African Slave Plantation: A Case Study (New York: Palgrave Macmillan, 2011);

Salau, “Voices of Those Who Testified on Slavery in Kano Emirate,” in Ana L. Aruajo,

Mariana P. Candido and Paul E. Lovejoy, eds., Crossing Memories: Slavery and African

Diaspora (Trenton, NJ: African World Press, 2011), 129-145; Sean Stilwell, Paradoxes of

Power: The Kano ‘Mamluks’ and Male Royal Slavery in the Sokoto Caliphate, 1804-1903

(Portsmouth, N.H.: Heinemann, 2004); Ibrahim Jumare, “Land Tenure in the Sokoto

Sultanate of Nigeria” (Ph.D. thesis, York University, 1995). 7 John Hunwick and Fatima Harrak, Mi‘raj al-ru‘ud: Ahmad Baba’s Replies on Slavery

(Rabat: Institute des Études Africaines, Université Mohamed V, 2000); Muhammad Bello,

Infāq al-Maysūr fī tārīkh bilād at-Takrūr, Bahija Chadli, ed. (Rabat: Institute of African

Studies, [1812] 1996); Paul E. Lovejoy, “The Clapperton-Bello Exchange: the Sokoto Jihad

and the Trans-Atlantic Slave Trade, 1804-1837,” in Christopher Wise (ed.), The Desert

Shore: Literatures of the African Sahel (Boulder: Lynne Rienner, 2000), 201-28.

6 PAUL E. LOVEJOY

8 Alice Bellagamba, Sandra E. Greene and Martin A. Klein, eds., African Voices on

Slavery and the Slave Trade (Cambridge: Cambridge University Press, 2013); Benedetta

Rossi, From Slavery to Aid: Power, Labour, and Ecology in the Nigerien Sahel, 1800-2000

(Cambridge: Cambridge University Press, 2015); Chetima Melchisedek and Gaïmatakwan

Kr Dujok Alexandre, “Memories of Slavery in the Mandara Mountains: Re-appropriating

the Repressive Past,” in Paul E. Lovejoy and Vanessa Oliveira, eds., Slavery, Memory,

Citizenship (Trenton, NJ: Africa World Press, 2015); Ahmadou Séhou, “L’esclavage dans

les Lamidats de l’Adamaoua (Nord-Cameroun), du début du XIXe siècle” (Thèse pour le

Doctorat, Université de Yaoundé, 2010).


DOCUMENT 1:

CODE DE L’ESCLAVAGE CHEZ LES MUSULMANS

INTRODUCTION

Yacine Daddi Addoun

he Code de l’esclavage chez les musulmans, which appeared as an

appendix in Eugène Daumas, Le Grand désert, first published in

1848, is a text which deserves special attention.1 The text

allegedly is a translation into French of Muslim legal pronouncements on

the institution of slavery.2 In fact, however, its authenticity is open to

question. Rather, the "code" is a testimony of the reciprocal mental block

in which the colonizers and the colonized found themselves in the

colonial context of Algeria. The text is a blatant anachronism: It was

published in the same year the abolition decree was promulgated in

Algeria, that is, 1848. The compilation of the text at hand itself took

place at a time when discussions about the abolition of slavery were

raging among abolitionists and anti-abolitionists in the colony and in

France. The text as published in the Grand désert in its first edition and

subsequently does not say anything about its origins, suggesting that the

authors of the Grand désert were the ones who compiled it. However, it

might also be thought to be a compilation of notes gathered from the

Arab bureaux offices throughout Algeria, as was the case of the main

text of the book, according to Magali Morsy.3 In reality, the text was

published in Revue de l’Orient a few months before the publication of

the book.4 According to the introduction of the text, the code was

actually commissioned specifically for the Grand désert, and was

authored by an anonymous scholar, a ṭālib, who was versed in Islamic

law.5 While there is no mention of the specific questions asked by the

colonial authorities for the text, the ṭālib supposedly

collected prescriptions extracted from Sīdī Khalīl, and other Muslim

scholars, whose decisions are binding among his coreligionists. He

gathered a complete corpus, composing a true code of slavery among

T

8 YACINE DADDI ADDOUN

Muslims, a title which fits it well, especially, and in spite of its special

character in the surface, it can be applied to all the parts of the Orient,

ruled by Qurʾān.6

Clearly, Muslim scholars were not asked to comment on the debate

around the abolition of slavery, but they were urged to discuss the very

legality of slavery. There is some anachronism in this approach since

Tunisia, the eastern neighbor of the French possession, was engaged in

abolitionist discourse since 1841. Aḥmad Bey actually issued decrees

abolishing the slave trade and slavery, using Islamic frames of reference,

in Tunisia before the publication of the Code.7 Colonial authorities in

Algeria were aware of these developments but considered the Tunisian

example impossible to apply to Algeria precisely because of the colonial

context.8 However, the subject is ignored in Daumas' and Chancel's Code

de l’esclavage.

The authors of Grand désert represented different poles of the

colonial establishment. Daumas was a notorious military officer of the

colonial army. He was the representative of France in the short-lived

state of Amīr ʿAbd al-Qādir.9 He also held different positions in military

combat, and perhaps most important in terms of the Code, he was the

director of the Arab bureaux established by the military administration to

collect information, manage the occupation, and rule the newly con-

quered territories. He published several books that used the information

collected by the Arab bureaux, including Grand désert. Because of his

proximity to the conquered population, Daumas (and the military in

general) interpreted their role as protecting the interests of the subjugated

territory, even as the French regime stripped away freedoms, land, and

civil rights. From this perspective, Daumas argued for the maintenance

of slavery in Algeria, and, for the long run, he advanced a scheme for the

gradual abolition of slavery. He was also concerned about trade between

the French possessions in North Africa and sub-Saharan Africa, which is

why he did not oppose a continuation of the slave trade.10

Ausone de Chancel was a civilian and a representative of the French

settlers who had migrated to the newly conquered territories and who

were eager to benefit from the rights acquired by the force of arms.

Chancel epitomized the new colonial civilians, who envisioned their role

as civilizing the country through their superior wisdom and who intended

to work the land with the labor of the subjugated population. He was also

a poet before he crossed the Mediterranean. At the time of the publi-

cation of the Grand désert, he was an archivist and an executive sec-

INTRODUCTION TO CODE DE L’ESCLAVAGE CHEZ LES MUSULMANS 9

retary in the central administration of Arab affairs.11

Subsequently, he

became the civilian representative of the metropolitan government (sous-

préfet) in Orléansville and then in Blida.12

He advanced the argument

forged in the preface of the Grand désert that encouraged government

sponsorship of migration from sub-Sahara Africa to help colonize the

land with a working class.13

Similarly, he proposed to promote trade with

sub-Saharan Africa through the flow of goods and people across the

Sahara. Though Daumas and de Chancel had similar opinions on the

slave trade and slavery at the time they published Grand désert, Daumas

later blamed de Chancel for not being politically astute in the proposal to

promote trade and migration, which is reflected in the question posed at

the beginning of the Code: namely, “Will the Touaregs and Chambas

allow the passing of convoys of Negroes destined to Christians?”14

Not

only were both authors manifestly pro-slavery, but they favored the

continuation of the slave trade, albeit through a venture sponsored by the

colonial government. Their purpose, as they claimed, was not to trade in

slaves but to bring workers to Algeria as a source of labor. They argued

that such migrants would receive a moral, religious, and agricultural

education, after which, they would be able to return to their homelands,

where they would become missionaries of civilization.15

The purpose of publishing the Grand désert was to introduce this

debate to the public. While the first part of Grand désert was an

exploration of the geographical space to be claimed and conquered, the

second part of the Code de l’esclavage was to lay bare the mental space

of the conquered subjects. It contrasts indigenous slavery with French

colonial slavery, arguing that French abolition should be applied only to

overseas French colonies, not to indigenous forms of slavery in

Algeria.16

The writers knew that the readers of the Code de l’esclavage

would have in mind the Code Noir that applied to slavery in the Carib-

bean and other colonies and that inevitably there would be comparisons

between them. They reasoned that their Code de l’esclavage would

compare favorably with the Code Noir because most of their text re-

volved around different types of slaves than plantations workers and the

possibilities of manumission - viz., the condition of the umm walad (a

slave woman who gives birth to her master’s child), the mukātab (a slave

who enters into a contract of manumission with his master), and the

mudabbar (the slave who is promised manumission upon the death of his

master).17

Other sections of the Code de l’esclavage discuss the duties of

slaves but also their rights, marriage, divorce, and guardianship. There is

10 YACINE DADDI ADDOUN

also mention of the sale of slaves and their pawning, but in a brief

sections at the beginning of the text. What remains unmentioned are the

conditions in which individuals became slaves in the first place; that is,

wars, captivity, kidnapping, etc. These issues are generally treated in the

legal texts under specific sections relating to jihād, legal wars or sayr.

i.e., marching [towards the enemy]. The omission of these sections

implies that slaves did not originate in North Africa, as had been the case

before the abolition of white slavery in the Mediterranean in 1816, but

came from long distances to the south in the land of the Blacks. Thus, the

process of captivity was perceived to be not important to jurists in

Algeria. The Grand désert, however, contains passages on the wars of

enslavement perpetrated by Muslim entities in sub-Saharan Africa.18

What the ṭālib of the Arab Bureaux did was to compile and put in

one document the various occurrences of slavery in the fiqh books. Put

together, they readily inform us about the normative aspects of slavery in

Islamic society. Perhaps the most important reference is the Mukhtaṣar

of Khalīl, a compendium of Mālikī jurisprudence authored by Khalīl b.

Isḥāq al-Jundī, an Egyptian jurist in the fourteenth century. The

Mukhtasar was historically one of the most authoritative books that dealt

with slavery and resulted in the writing of several commentaries, some of

which are cited in the text. These include the works of Ibn ʿArafa and al-

Ḥaṭṭāb. The ṭālib also cited the Mudawwana of Ibn Saḥnūn and the

Risāla of Ibn Abī Zayd al-Qayrawānī.19

The Ḥanafī school of law of the

Ottomans is also present in the text, along with authors such as Abū al-

Layth and al-Sarakhsī. Most of the text refers to Māliki authors,

however. For that reason, it is likely that the author was a Mālikī scholar

and may have been either the Mālikī muftī of Algiers, Mustafā al-Qādiri,

the qāḍī of Algiers, Qaddūr al-Sisnī,20

or a junior official who worked

under their authority. Within this school of thought, slavery was defined

as “a legal incapacity caused by unbelief.” Slaves were first of all a legal

category of people who figure in all aspects of jurisprudence as

exceptions to the general condition of freedom. Furthermore, slaves also

appear in these texts as objects of sale, pawnship, gift, bequest, and

inheritance. Finally, there are sections specifically dedicated to

categories of slaves, including umm walad and the mukātab. Hence, on

one level the Code de l’esclavage accurately depicts slaves as an integral

part of the Islamic legal texts.

INTRODUCTION TO CODE DE L’ESCLAVAGE CHEZ LES MUSULMANS 11

NOTES

1 Eugène Daumas and A. De Chancel, Le grand désert, ou, itinéraire d’une caravane du

Sahara au pays des Nègres (royaume de Haoussa) (Paris: Napoleón Chaix, 1848), viii. 2 The text appears as in its original form except for the personal names, book titles and

notions in Arabic. These were rewritten following a simplified modern standard Arabic

transliteration system in order to provide clarification. 3 Magali Morsy, “Introduction: pour lire le Grand désert,” in Le grand désert: Itinéraire

d’une caravane du Sahara au royaume Haoussa, by Général Eugène Daumas (Paris:

Quintette, 1985), 13-43. 4 Anonymous, “Code de l’esclavage chez les musulmans,” Revue de l’Orient: Bulletin de

la Société orientale 2 (1847), 321-350. 5 Anonymous, “Revue de l’Orient,” 321. 6 Anonymous, “Revue de l’Orient,” 321. 7 Ismael M. Montana, Abolition of Slavery in Ottoman Tunisia (Gainesville, FL, USA:

University Press of Florida, 2013), 74-130. 8 Daddi Addoun Yacine, “L’abolition de l’esclavage en Algérie (1816-1871)” (Ph.D.

thesis, York University, 2010). 9 Eugène Daumas, Correspondance du capitaine Daumas, consul à Mascara (1837-

1839), ed. Georges Yver (Alger: A. Jourdan, 1912). 10 Daumas and De Chancel, Le grand désert, viii. 11 M. le Lieutenant-Colonel Daumas, Le Sahara algérien; études géographiques,

statistiques et historiques sur la région au sud des établissements français en Algérie (Paris:

Langlois et Leclercq et Fortin, Masson et Cie, 1845), x. 12 Edgard Montbrun, Le livre d’or des poètes (Marennes et Marmande: F. Blanchard et

A. Duberort, 1877), 91–94. 13 A. de Chancel, Cham et Japhet, ou, de l’émigration des Négres chez les blancs:

considérée comme moyen providentiel de régénérer la race nègre et de civiliser l’Afrique

intérieure, 2nd ed. (Paris: L. Hachette, s. d.), 181; Daumas and De Chancel, Le grand

désert, viii–ix. 14 De Chancel, Cham et Japhet, 181. 15 Daumas and De Chancel, Le grand désert, ix. 16 Anonymous, “Revue de l’Orient,” 321. 17 For an English source on these categories, see Jonathan E. Brockopp and ʿAbd Allāh

ʿAbd al-Ḥakam, Early Maliki Law: Ibn ʿAbd Al-Ḥakam and His Major Compendium of

Jurisprudence (Leiden and Boston: Brill Academic Publishere, 2000), 162-205. 18 See Daumas and De Chancel, Le grand désert, 236-237. 19 Interestingly, these three titles were among the books which the Mauritanian anti-

slavery militant, Biram Dah Abeid, burned April 27, 2012, as a symbolic protest against

slavery in his country. 20 M. Bequet, L’Algérie en 1848, tableau géographique et statistique... avec un

calendrier approprié au pays (Paris: L. Hachette, 1848), 465.

12 EUGÈNE DAUMAS AND AUSONE DE CHANCEL

CODE DE L’ESCLAVAGE CHEZ LES MUSULMANS

CHAPITRE I

er.

De la vente des esclaves, et des personnes auxquelles

ces transactions sont permises ou défendues.

La loi permet la vente des Nègres réduits à l’état d’esclavage, parce

qu’en général ils sont infidèles. Toutefois, elle s’oppose à la vente de ceux

de ces individus qui proviennent des peuples musulmans ou des

populations amies de ces derniers.

L’individu qui achète un esclave infidèle ne l’oblige pas à embrasser

l’islamisme ; il le laisse agir suivant sa propre impulsion. Mais, dans le cas

où cet esclave devient musulman, il n’en reste pas moins dans la servitude,

lui et ses enfants.

Aḥmad Bābā* a établi cette base : un musulman possesseur d’un

esclave vrai, croyant comme lui, ne peut le vendre à un infidèle.

Les infidèles peuvent acheter des esclaves infidèles, à la condition

que ces derniers soient parvenus à l’âge de majorité, et sous l’obligation de

ne pas les conduire hors des terres soumises aux musulmans.

La loi défend à tout infidèle d’acheter des esclaves musulmans, et

l’autorité se saisit de ceux-ci, le cas échéant.

L’infidèle ne peut donner en gage à un tiers son esclave infidèle, s’il

ne le possède d’une façon conforme aux prescriptions qui ont été établies.

Aussitôt qu’il est constaté que l’esclave a été illégalement acquis, ce

dernier est dégagé, et l’on paie le créancier, à moins que la dette ne

provienne de spéculations commerciales, auquel cas on substitue à la

personne de l’esclave un autre gage.

CHAPITRE II.

Des esclaves infidèles mis en gage et devenant

musulmans. – Esclaves prêtés en épreuve.

Lorsqu’un esclave infidèle embrasse l’islamisme étant en gage, son

propriétaire est dans l’obligation de le retirer et de lui substituer un autre

gage.

* Editor’s note: for the purpose of clarity, spellings of Arabic names and legal terminology

have been changed in places to reflect the most up-to-date transliteration of Arabic.

CODE DE L’ESCLAVAGE CHEZ LES MUSULMANS 13

Si les propriétaires d’un esclave engagé viennent à l’affranchir, ils

sont tenus de rembourser de suite la somme pour laquelle il a été engagé,

attendu que la loi prescrit au détenteur de donner immédiatement la liberté

à l’affranchi.

Si, malgré les prescriptions de la loi, un infidèle achetait puis

revendait un esclave musulman, non-seulement le nouvel acquéreur serait

en droit de rendre au vendeur son esclave, au cas où celui-ci aurait des

défauts, mais encore 1’autorité s’emparerait de cet esclave.

Quand un infidèle vend son esclave à un musulman, en lui accordant

un certain délai pour juger de ses qualités ou de ses défauts, il peut arriver

que, pendant ce terme, l’esclave manifeste l’intention de se faire

musulman. Cette circonstance particulière n’empêche pas l’acquéreur de

conserver son sujet jusqu’à l’expiration du temps fixé pour l’épreuve ;

après quoi, si ce dernier ne lui convient pas, il le rend à son propriétaire

primitif, et celui-ci, à son tour, le remet entre les mains de l’autorité, qui se

constitue propriétaire. Il n’en est pas de même quand, dans un marché de

ce genre, le musulman est le vendeur et l’infidèle l’acheteur. Du jour où

l’esclave exprime le désir de suivre le culte mahométan, il doit être restitué

par l’infidèle au vendeur, sans attendre la fin du temps fixé pour l’essai.

Lorsqu’un esclave devient musulman en l’absence de son possesseur

infidèle, la loi accorde à ce dernier, pour le réclamer, un délai de dix jours,

s’il est en pays soumis, et de deux jours seulement en pays rebelle. Au-delà

de cette limite, il y a prescription, et l’esclave est saisi par l’État.

Le musulman propriétaire d’un esclave doit chercher à inculquer à

celui-ci, tant qu’il est jeune, les principes de l’islamisme ; mais, une fois

l’esclave d’un âge mûr, le maître n’est plus tenu de chercher à le convertir.

CHAPITRE III.

De la vente des Nègres. - Différents modes de marché. - Cas

rédhibitoires.

La vente des esclaves se fait ordinairement sous une des conditions

suivantes : ou le vendeur offre une garantie pour les défauts que pourrait

avoir le Nègre, ou bien il convient d’avance qu’il n’en est pas responsable.

La garantie se donne pour un temps déterminé, dans l’intervalle

duquel le marché peut être résilié sur la demande de l’acheteur, dans le

cas, par exemple, où celui-ci aurait découvert dans l’esclave des vices ou

maladies qui n’auraient pas été apparents lors de la vente.


Toute maladie occulte, toute mauvaise inclination, comme le

penchant au vol, toutes les actions qui dénotent irascibilité ou folie (al-

jin), sont des cas rédhibitoires. Les Nègres atteints de ces maux peuvent

être rendus à leurs propriétaires précédents, à moins que le marché n’ait

été conclu sous la condition de non-responsabilité.

Les vices ou maladies sont constatés par la présence des symptômes

apparents et par la déclaration d’experts, lorsque le mal est caché : l’avis

d’un seul expert suffit. Dans l’expertise on a soin de bien établir si le mal

a pris naissance avant ou après l’époque, de l’achat.

A défaut d’expert, le qāḍī fait jurer au vendeur que son esclave était

sain lors de la vente, et décide ensuite en dernier ressort. Si le vendeur

prétend avoir averti l’acquéreur des défauts de l’esclave avant la

conclusion du marché et que ce fait soit nié, la question est soumise au

qāḍī, qui exige le serment et prononce son jugement.

Le marché sans garantie ne peut se rompre ; mais le vendeur est

tenu de désigner toutes les affections dont l’esclave est atteint à l’époque

de la vente ; car s’il en omet une seule, c’est une cause suffisante pour

annuler le marché.

La vente des esclaves par le qāḍī se fait sans caution ; ce personnage

vend quelquefois, et toujours sans caution, les Nègres provenant de

successions vacantes. De même sont dispensés de donner aucune

garantie les individus qui, ayant reçu des esclaves comme part d’héritage,

cherchent à s’en défaire.

Lorsque l’esclave est reconnu atteint d’un cas rédhibitoire, et que le

vendeur est absent, les ʿudūl constatent le fait. Si le vendeur n’a pas de

fondé de pouvoirs, et que son absence se prolonge plus de dix jours, le

qāḍī se saisit de cette affaire, s’informe du cas ; si la partie intéressée ne

se présente pas pour plaider sa cause, il rompt le marché, après avoir pris

tous les détails possibles sur la manière dont s’est opérée la vente, c’est-

à-dire si le prix de l’esclave a été payé, s’il y a eu ou non garantie, si le

vendeur a caché à l’acquéreur quelques cas rédhibitoires.

Quand, après l’examen de cette affaire, on n’a pas reconnu la

nécessité de résilier le marché, il est accordé à l’acheteur une indemnité

qui est déduite du prix de la vente.

L’esclave qui a été atteint d’un mal dont il a été guéri radicalement

n’est point restitué au vendeur.

L’esclave dépérissant ou contractant des maladies par suite du

manque de nourriture ou de mauvais traitements, ne se trouve pas non

plus dans le cas rédhibitoire. Mais quand l’acquéreur peut prouver que


l’affection dont l’esclave est atteint est antérieure à la vente, et qu’à cette

époque elle n’a pas été signalée, il a droit d’exiger une indemnité.

Un esclave se trouvant dans un cas rédhibitoire revient d’un

propriétaire à l’autre jusqu’au possesseur primitif.

CHAPITRE IV

Des hardes de l’esclave au moment de la vente.

- Temps d’essai d’un esclave.

Les effets en bon état, les bijoux des Négresses sont la propriété du

vendeur. L’acquéreur n’a droit, à moins de conventions particulières,

qu’aux vêtements journaliers. Il arrive souvent que l’on pose la condition

que l’esclave sera livré nu ; alors le vendeur est obligé de lui fournir un

chiffon pour couvrir les parties honteuses.

Le temps fixé pour l’essai d’un esclave varie de trois jours à un an,

selon les conditions, et ce temps compte à partir du jour de l’achat.

Tant que dure l’épreuve, les maladies graves qui surviennent, telles

que la gale, la lèpre, la folie, la mort elle-même, sont des cas qui entrainent

la rupture du marché.

Ces usages ne sont cependant pas partout les mêmes, ils sont

variables suivant les pays. On suit à cet égard la coutume des lieux où l’on

se trouve : la garantie donnée à la conclusion du marché sert de règle.

CHAPITRE V

Des esclaves enceintes.

La grossesse des femmes esclaves est considérée comme une

affection entraînant le cas rédhibitoire, lorsque les Négresses sont

vendues se trouvant dans cet état.

Le cas se présentant, on dépose la Négresse chez un homme de

confiance jusqu’à ce qu’on sache si elle est réellement enceinte ou

frappée d’une maladie. Après l’accouchement, l’enfant est conservé pour

être remis à celui qui était maître de la Négresse au moment où celle-ci a

conçu, soit à titre de propriété, si l’enfant est fils d’un esclave, soit

comme un de ses héritiers, si le nouveau-né est le fruit du concubinage

de la négresse et de son possesseur.


Ibn ʿArafa avance, d’après Ibn al-Ḥārith, que les ulémas n’ont pas

statué sur la position d’une esclave qui, se trouvant enceinte, serait

réclamée par un tiers. Quel est celui des deux prétendants qui doit

l’entretenir ? Ibn ʿAbd al-Ḥakam dit que c’est celui qui la réclame.

Yaḥyā b. ʿUmar soutient que le propriétaire sous le joug duquel l’esclave

est devenue enceinte doit seul subvenir son entretien. Cette dernière

opinion paraît la plus juste, car l’enfant est réputé libre vis-à-vis du

propriétaire qui n’avait pas en sa possession la mère au moment où elle a

conçu, tandis que le maître auquel appartient l’enfant a intérêt à ménager

la mère dans le travail.

CHAPITRE VI.

Conduite du maître envers l’esclave, et réciproquement.

(Documents puisés dans les ouvrages de Muḥammad al-Ḥaṭṭāb sur al-

Mukhtaṣar de Sīdī Khalīl, au chapitre Nafaqa.)

Si l’on est hors d’état de pourvoir à l’entretien des esclaves, il

convient de les vendre. (Shaykh Khalīl.)

Le commentateur de Sīdī Khalīl dit, en résumé, que, le maître doit

subvenir aux besoins de son esclave, selon ses moyens.

Mālik a avancé qu’il a lu dans le manuscrit al-ḥadīth (Conversation

du Prophète) une question soulevée à ce sujet, où il est dit : “Le Prophète

a établi que l’on doit fournir consciencieusement à l’entretien et la

nourriture de l’esclave, de même qu’il ne faut pas lui imposer une tâche

au-dessus de ses forces.”

On engageait un jour Mālik à poser en principe que le maître ne

devait pas obliger son esclave à faire un travail qui fût trop fort pour ce

serviteur. “Je ne puis, répondit Mālik, établir une semblable défense qui

donnerait lieu à de nombreuses plaintes. Il est juste, reprit-il, que le

maître n’accable pas son esclave ; mais il est dangereux de le laisser dans

l’inaction ; il ne peut, au reste, exiger de celui-ci que ce que ses facultés

intellectuelles et physiques lui permettent de faire. Ainsi, il est des

esclaves qui sont propres à la culture, comme il en est d’autres qui ne

sont aptes qu’à rendre des services dans le commerce.”

al-Bājī, dans son commentaire d’al-Muwaṭṭaʾ du manuscrit al-

ḥadīth, avance que le maître doit plutôt rendre ses esclaves que de les

laisser dans la peine.


Ibn Rashīd a commenté de la manière suivante ce qu’on vient de lire

dans ce chapitre VI :

“L’esclave sera nourri et vêtu convenablement ; il n’y aura même

aucune différence entre son maître et lui en ce qui concerne l’habillement

et la nourriture.”

Cette décision fut provoquée par des savants, qui objectèrent à Ibn

Rashīd les paroles du Prophète ; “Vêtissez vos esclaves de votre

habillement et nourrissez-les de vos aliments.”

Abū ’l-Layth suivait ce principe, non pas qu’il le regardât comme

obligatoire, mais parce que sa bonté d’âme l’y portait naturellement ; et,

en effet, Muḥammad par ces paroles que nous venons de citer,

n’entendait pas que le maître dût réserver à son esclave une part de ses

propres aliments et le couvrir de vêtements dont il fait lui-même usage,

mais bien qu’il le nourrit des mêmes substances et le revêtit des tissus de

même nature que ceux qu’il employait.

Telle doit être l’interprétation de la pensée du législateur ; lui

donner une plus grande extension serait la fausser, car l’esclave alors

serait l’égal du maître. Cependant, il n’y a aucun mal à ce qu’un maître

nourrisse et habille son esclave comme lui-même.

On demandait à Mālik si, comme l’a entendu Ashḥab, et ainsi qu’il

est rapporté dans le manuscrit al-Jūnī, il est permis à un maître de

prendre une nourriture meilleure que celle des siens et de ses esclaves, et

de porter des vêtements plus luxueux que les leurs. “Sans doute,

“répondit-il, quand l’extrême opulence comporte cette manière d’agir. –

N’avez-vous pas vu ce qu’a dit à ce sujet al-Dardīr répliquèrent les

questionneurs. – Oui, mais alors, reprit Mālik, les hommes étaient

pauvres et n’avaient que la nourriture nécessaire pour se soutenir.”

On s’en tient généralement aux principes posés par Sīdī Khalīl : “Si

vous ne pouvez entretenir vos esclaves convenablement, vendez-les.”

Son commentaire l’explique ainsi, et c’est le chef du pays qui est

chargé de veiller à l’exécution de cette règle, de faire procéder,

forcément à la vente de l’esclave, quand le maître de celui-ci ne pourvoit

pas à ses besoins de première nécessité.

Lorsque plusieurs individus possèdent un esclave en commun, ils

1’entretiennent chacun au prorata de sa mise, et si l’esclave sert un d’eux

de préférence aux autres, celui-ci se charge seul des frais, à moins que le

travail, de quelque nature qu’il soit, se réduise à peu de chose.


Le shaykh Khalīl a dit : “Si le maître fait travailler l’esclave plus

qu’il ne doit, on fait vendre ce dernier, absolument comme dans le cas où

l’esclave n’est pas nourri suffisamment.”

Selon Mālik, on n’affranchira pas un esclave mineur hors d’état de

travailler, parce que l’oisiveté lui ferait contracter l’habitude du vol ; il

en est de même à l’égard des jeunes Négresses, qui, si elles étaient

rendues libres avant l’âge de majorité, se livreraient à licence.

ʿUthmān avance ce principe, ainsi que al-Jāzūlī dans ses

commentaires de Risāla.

Mālik, interrogé sur cette question, savoir si l’on pouvait forcer

l’esclave à moudre pendant la nuit, répondit que : “S’il travaillait le jour,

il devait se reposer la nuit, à moins que l’occupation prescrite soit de peu

d’importance.”

Ibn ʿUmar dit, de son côté, qu’on ne devait faire travailler un

esclave la nuit que dans des circonstances rares, et pendant quelques

instants seulement.

J’ai puisé ces renseignements dans l’“ijāra” de la Mudawwana.

Un serviteur ne peut veiller la nuit tout entière auprès de son

maître ; on admet seulement qu’il lui donne les vêtements nécessaires

pour se couvrir, de l’eau pour boire, qu’il lui rende, en un mot, des

services se réitérant peu souvent dans la nuit et permettant le repos.

S’il est reconnu qu’un esclave a souffert de la faim ou d’excès de

travail, il est vendu, même malgré son maître, car chacun doit jouir de

ses droits.

Lorsqu’un esclave, demandant à être marié, éprouve un refus, il est

considéré comme étant dans un état de souffrance dont nous parlerons au

chapitre du mariage.

A propos des maîtres qui laissent sans nafaqa (entretien pécuniaire)

leurs esclaves, les enfants de ces esclaves, ainsi que ceux auxquels ils ont

promis l’affranchissement après un temps donné, Ibn Sahl rapport qu’une

esclave s’étant trouvée dans ce cas, et ayant prouvé, par des témoignages

dignes de foi, qu’elle était la propriété d’un individu qui s’était absenté

sans lui laisser aucun moyen de subsistance, sans lui envoyer le moindre

soulagement, sans lui donner aucune nouvelle, Ibn al-ʿAttāb et Ibn al-

Qaṭṭān décidèrent que le qāḍī avait à prononcer la vente, à en toucher le

montant, puis à le déposer chez un home probe, qui, lui-même, le

remettrait au propriétaire de l’esclave quand il serait de retour.

Il est dit dans le Kitāb al-Aqḍya : “Il importe que le gouverneur

d’une ville oblige l’esclave à prouver qu’il est incapable de pourvoir à sa


subsistance pour qu’il soit vendu.” Ibn ʿAttāb dit la même chose au sujet

des esclaves femmes ayant des enfants et dont le maître est absent. Quant

à celles qui sont sans enfants, on leur applique une autre décision.

On lit dans al-Tawḍīḥ : “Si le maître d’une esclave, ayant un enfant,

vient à s’absenter, et que cette esclave signale et prouve cette absence, le

gouverneur de la ville fixe un mois de délai, après lequel il donne la

liberté à l’esclave.” C’est également l’avis de al-Qurashī et de Ibn al-

ʿAttāb ; ʿAlī b. Zayyād prétend que Ibn al-Sakkāk et Ibn al-ʿAṭṭār ont

avancé qu’on ne pouvait donner la liberté l’esclave dans la position

précitée ; c’est à elle alors à trouver des moyens d’existence. Ibn al-

Qaṭṭān a pensé qu’elle devait attendre, dans ce dernier état, jusqu’à ce

que la mort de son maître fût prouvée.

Ce qu’a dit à ce sujet Ibn Sahl est certainement ce qu’il y a de plus

raisonnable.

On se fonde sur ce qu’a établi le shaykh Ashḥab : “Si le possesseur

ne peut garder à sa charge l’esclave mère avec laquelle il a eu des enfants

(qui partant a rang d’épouse), on lui accorde un délai d’un mois. Ce

temps expiré, si le maître ne peut entretenir son esclave, cette dernière est

affranchie ainsi que ses enfants.”

Ibn Sahl demanda à Ibn ʿAttāb : “Ces Négresses, dans le cas dont

nous venons de parler, doivent-elles, lorsque leur maître est mort, ou

qu’elles sont affranchies, attendre un certain laps de temps avant de se

marier (afin qu’on voie si elles sont enceintes ou non) ? – Oui, répondit-

il, elles attendent un mois seulement. – Sont-elles obligées de jurer que

leurs maîtres, en leur absence, ne leur ont rien laissé ; qu’ils ne leur ont

envoyé aucun secours, comme cela se pratique pour l’épouse légitime ? –

Non, répliqua-t-il, et j’ai posé cette règle afin d’éviter les longueurs.”

Suivant Ibn ʿArafa, l’esclave mère à l’entretien de laquelle le maître

ne survient pas, a la faculté de se marier, soit qu’on la laisse toujours

dans l’état de servitude, soit qu’on l’affranchisse.

Au dire de al-Sarakhsī, l’esclave mère doit être affranchie, ainsi que

son enfant, lorsqu’il n’est pas pourvu aux besoins de leur vie. Il en est de

même de l’esclave dont le maître, ayant promis l’affranchissement, la

laisserait dans le besoin. Le maître absent qui se met dans ce cas est

passible du même traitement.

Ashḥab a dit : “L’enfant d’un esclave frappé douloureusement par

son maître peut le fuir ; il ne saurait être vendu, puisqu’il est né libre.”

Aṣbagh, auquel la même question a été soumise, a répondu

exactement de la même manière.


“L’enfant d’une esclave, dit Mudabbar, qui devient musulman, peut

également fuir son maître, puisque, né libre, il ne peut être vendu comme

esclave.”

Les esclaves dont on a promis l’affranchissement pour une certaine

époque, sont aussi dans ce cas, le moment arrivé.“Quant à la mère de

l’esclave, dit Mudabbar (celui à qui l’affranchissement a été promis à la

mort du maître), on ignore si, se trouvant dans la même position que son

fils, elle doit fuir ou être affranchie.”

Il importe que le maître inculque à son esclave les principes de la

religion ; qu’il lui apprenne quels sont les devoirs que Dieu a dictés aux

homes. Il doit, au besoin, employer la sévérité pour parvenir à ce but. Il

faut qu’il l’oblige à observer le jeûne, à faire ses prières, qu’il lui fasse

connaître tout ce qui est contraire à la loi, afin qu’il ne se mette pas en

contravention avec elle ; en un mot, le possesseur d’un esclave doit le

diriger de telle sorte qu’il le rende incapable de mal faire contre les

musulmans, dût-il, pour arriver à ce but, employer les châtiments.

Après la fête (ʿīd al-kabīr), le maître payera le zakāt pour compte de

ses esclaves ; il devra dépenser convenablement pour leur habillement et

leur entretien, commander avec douceur et bonté, punir proportion-

nellement aux fautes, se retenir dans ses emportements ; car le Prophète a

dit : “Vous êtes pasteurs, et vous répondrez de vos subordonnés.” Il a

également recommandé d’avoir des égards envers, les esclaves, d’être

bon avec eux. Dans les manuscrits de ses ḥadīth, il détaille la conduite

que l’on doit tenir vis-à-vis des esclaves.

CHAPITRE VII.

Des biens que possède l’esclave. – Dispositions prises à cet égard.

L’esclave ne peut disposer de ses biens, ni même de sa personne ;

son maître est en cela son tuteur. Il en est de même de l’esclave dont on a

promis l’affranchissement pour une époque déterminée.

L’esclave appartenant à deux maîtres et affranchi par l’un d’eux, est,

considéré comme libre chez celui qui lui a donné la liberté, et comme es-

clave lorsqu’il travaille chez un second maître, qui devient alors son tuteur.

L’esclave auquel le maître a permis de commercer pour un fonds

social équivalant au coût de l’esclave, a part égale dans le gain. L’esclave

qui a été autorisé à commercer avec les fonds de son maître, ce dernier

lui abandonnât-il tous les profits, est toujours considéré comme


procureur fondé de son maître. L’autorisation qu’obtient l’esclave lui

attribue les pouvoirs les plus étendus, surtout lorsque le genre de

commerce qu’il doit exercer lui est désigné.

Cet esclave est en droit de prendre des arrangements avec les

débiteurs, de fixer des époques aux payements, d’inviter aux festins qui

bon lui semble, de prêter, enfin de faire tout ce qui est convenable pour la

prospérité de ses affaires. II peut emprunter, et son maître n’a pas droit

de réclamer une part des bénéfices qu’aurait produit cet emprunt, que le

serviteur soit esclave ou affranchi, car les fonds de ce dernier sont

considérés comme étrangers aux fonds sociaux et employés pour

l’avantage de l’esclave. Si le serviteur perd dans le cas d’emprunt, il ne

peut réparer sa perte en usant des fonds sociaux ; il paye de son argent

propre et conformément à l’usage.

Lorsque les fonds sociaux produisent une perte, le maître de

l’esclave devient procureur fondé de l’esclave, comme si ce dernier était

un homme libre. Si la caisse ne contient aucun actif, et que l’esclave soit

une Négresse, les créanciers la prennent ; mais, s’il existe un enfant

d’elle, cet enfant reste la propriété du maître de l’esclave. Les créanciers

peuvent également s’emparer des biens particuliers de l’esclave. Quant à

l’esclave en personne, une fois la liquidation faite, on ne peut plus le

poursuivre pour dette. Le maître peut, de son propre mouvement, retirer à

son esclave la faculté de vendre et d’acheter.

Le maître ne peut forcer son esclave à faire commerce d’objets

prohibés par la loi musulmane, et l’esclave ne peut même se livrer à ce

commerce en employant ses propres deniers.

L’esclave peut se procurer une Négresse pour vivre avec elle, sans la

permission de son maître. (Cela est tiré de al-Mukhtaṣar, de Sīdī Khalīl.)

CHAPITRE VIII.

Mariage des esclaves. – Mariages forcés. – Conditions pour négocier

le mariage des esclaves.

Le maître peut forcer son Nègre ou sa Négresse à se marier, si toute

fois ce mariage ne peut être préjudiciable à ceux-ci ; les esclaves ne

peuvent forcer leurs maîtres à les marier. Ceux qui sont propriétaires à

demi ne peuvent forcer leurs serviteurs à se marier ; mais ces derniers

sont obligés d’avoir la permission de leurs maîtres pour contracter les


liens du mariage, sans quoi les propriétaires peuvent, à leur volonté,

tolérer ou faire annuler l’engagement des conjoints.

Lorsque l’esclave qui se trouve dans ce cas est une Négresse, son

mariage est brisé. Le maître ne peut forcer à s’unir à un homme la

Négresse à laquelle il a promis la liberté ; il ne peut non plus obliger à

cette union une Négresse qui aurait eu un enfant de lui ; cette règle

s’applique également à l’esclave qui doit se racheter.

Quant aux esclaves qui doivent être libérés à la mort de leur maître ;

et ceux auxquels on a promis l’affranchissement à une certaine époque,

leur possesseur ne peut les forcer au mariage, pourvu toutefois que, dans

le premier cas, le maître ne soit pas malade sans espoir de guérison, et,

dans le second cas, que le temps fixe pour la libération ne soit pas

rapproché de moins de trois mois. (Cela est tiré de Sīdī Khalīl.)

Six conditions sont imposées à celui qui veut faire conclure le

mariage d’un esclave ; il faut :

1. Qu’il soit libre ;

2. Qu’il ait atteint sa majorité ;

3. Qu’il possède toute sa raison ;

4. Qu’il soit du sexe masculin ;

5. Qu’il ne fasse pas conclure le mariage au temps de l’iḥrām ;

6. Qu’il soit musulman.

Quelques légistes ont ajouté trois conditions, qui ne sont cependant

pas exigibles ; ils veulent que celui qui négocie le mariage,

1. Soit parent ou allié de la personne qu’il fait marier ;

2. Qu’il soit entendu en affaires ;

3. Qu’il ait toutes les qualités qui composent l’honnête homme.

Si un esclave fait contracter un mariage, il faut qu’il soit père on

possesseur de l’individu à marier. Si les six conditions que nous avons

d’abord exposées ne sont pas observées, l’acte de mariage est déclaré

nul, quand même il serait survenu des enfants de cette alliance.

Le mariage négocié par une femme est également annulé.

Lorsqu’une femme a une esclave qu’elle veut marier, elle doit choisir un

procureur qui réunisse les conditions exigées.

L’esclave qui est tuteur d’un autre esclave nomme aussi un

procureur pour faire faire le mariage. Il en est de même de l’esclave dit

mukātab, c’est-à-dire qui a la faculté de se racheter.

Le maître peut rendre nul le mariage de ses esclaves, s’ils n’ont pas

demandé la permission de se marier, ou bien le laisser subsister, à sa


volonté. Dans le premier cas, le divorce s’établit régulièrement. Le

possesseur a encore le pouvoir de vendre son esclave sans rompre le

mariage, et alors l’acheteur ne peut pas séparer les deux conjoints. Si le

propriétaire donne son esclave en présent, le mariage de celui-ci est

également respecté. Enfin, si l’esclave marié sans la permission de son

maître est cependant maintenu dans son alliance conjugale, il n’échappe

pas à l’autorité des héritiers ; qui, eux, peuvent rompre le mariage.

Si l’esclave est affranchi, son mariage ne peut plus être annulé,

puisque le serviteur devient libre.

Lorsque le divorce est prononcé, l’esclave donne à la Négresse un

quart de dinar, à moins que le mariage n’ait pas été consommé ; si la

Négresse a reçu de l’esclave une somme plus forte pour sa dot, elle la

restitue, moins le quart de dinar.

Si l’esclave, pour obtenir le mariage, trompe la Négresse en

affirmant qu’il est libre, et que l’alliance soit rompue, la femme ainsi

induite en erreur peut garder sa dot. Mais, s’il n’y a pas eu de fourberie et

que, par mégarde, on se soit tu sur la qualité du marié, la femme ne peut

exiger sa dot. Dans le cas ordinaire ; la dot peut être réclamée par la

Négresse, à moins que le hākim ou le maître de l’esclave n’y porte

opposition ; alors ces derniers font ce qu’on appelle annuler la dot.

L’esclave qui a la faculté de se racheter, mais qui ne l’a pu, et dont

le maître a annulé le mariage et la dot, ne peut être poursuivi par sa

femme ; si, au contraire, il a pu se racheter, la femme est en droit de

réclamer la dot.

Si le Nègre se marie sans la permission de son maître, celui-ci peut

d’abord, sans approuver le mariage, ne pas le faire dissoudre suivant les

formalités ; mais, passé deux jours, s’il continue de le désapprouver, il

est obligé d’ordonner le divorce. Si ce mariage est approuvé, il peut être

reconnu valable ; si le maître n’approuve pas le mariage, ne le fait pas

rompre par suite de l’indécision, il peut le confirmer plus tard ; mais, s’il

est dans l’intention bien arrêtée de briser l’alliance, il doit de suite faire

prononcer le divorce. (Sīdī Khalīl.)

CHAPITRE IX.

Du nafaqa de l’esclave ʿabd al-maʾdhūn et de l’esclave mukātab.

L’ʿabd al-maʾdhūn, c’est-à-dire celui qui a reçu de son maître la

permission de commercer, et le mukātab (affranchi par stipulation),

peuvent prendre une suriyya (femme entretenue) sans l’autorisation de


leur propriétaire, mais tous deux se servent pour cela de leurs fonds. La

femme esclave qui a reçu de son maître la permission de se marier

qu’elle soit ou non dans sa maison, doit être entretenue par le Nègre et

recevoir une partie du nafaqa (argent qui doit être dépensé pour les

esclaves), car le gain que fait l’esclave ne lui appartient pas. Le serviteur

dit muʿtaq li-ajal, c’est-à-dire qui a la promesse d’être affranchi à une

certaine époque, est dans le même cas, ainsi que le mudabbar.

Le mukātab est considéré comme libre ; il entretient sa femme de

l’argent qu’il a. L’esclave dit mubaʿʿaḍ, c’est-à-dire moitié libre et motif

esclave, jouit de tous ces droits le jour où il est libre, et agit en esclave le jour

où il est esclave. Il en est ainsi, à moins que l’usage du pays ne s’y oppose.

De même, la dot doit être payée de l’argent qui peut avoir été

amassé par l’esclave comme présent reçu, à moins que l’usage du pays

ne soit contraire. L’ʿabd al-maʾdhūn doit entretenir la Négresse de ses

propres fonds et de l’argent qui peut lui être donné, et non de l’argent de

son maître.

Si l’esclave ne peut entretenir sa Négresse, on l’en sépare, à moins

que la femme ne consente à rester dans cette position ou qu’une tierce

personne ne se charge des dépenses. Le maître eût-il permis le mariage,

l’eût-il forcé, il n’est pas garant de la dot, ni de l’entretien de la femme, à

moins de conditions contraires. (Sīdī Khalīl.)

CHAPITRE X

Du mariage entre le maître et l’esclave.

La loi défend le mariage entre le propriétaire, homme ou femme, et

l’esclave, que celui-ci lui appartienne en entier ou non, qu’il soit shāʾiba

bi-l-ḥurriya, al-mukātab, al-mudabbar, ou umm al-walad. Le maître ne

peut se marier avec la mère de celles des Négresses desquelles il a eu des

enfants, ou dont ses enfants à lui ont eu des rejetons. Le mariage, dans ce

cas, est rompu sans les formalités du divorce. Les ulémas condamnent

ces alliances.

Le maître ne peut forcer deux sœurs à s’unir à lui, ni à être ses

concubines. Si une femme libre est mariée à un Nègre, et que ce dernier

vienne à être vendu ou donné à un des parents de la femme, le mariage est

dissous. De même, si elle achète son mari, eût-elle donné de l’argent pour

cela, car alors l’esclave devient sa propriété et le mariage ne peut subsister.

L’alliance serait même rompue, si le maître consentait ensuite à libérer

l’esclave.


Mais si la femme demande la liberté du Nègre sans exposer ses

motifs, et dans le but apparent de faire une bonne action, si elle donne

même de l’argent pour le rachat, toujours dans une intention généreuse,

alors l’esclave peut être racheté, mis en liberté et être maintenu dans son

lien conjugal.

Si l’esclave mariée à un Nègre n’a pas la permission de son maître

de vendre et d’acheter, qu’elle veuille faire acquisition, elle ne le peut, le

maître s’y opposant, puisque, dans ce cas, elle n’a pas droit de posséder.

Lorsque le maître, pour rompre le mariage de son Nègre, le vend à

la propre femme de cet esclave, qu’elle soit libre ou non, le mariage est

maintenu. Par la même raison, si la Négresse achète son mari pour faire

casser le mariage, elle le fait en vain, car l’union est respectée.

Quand le maître, dans le but de rompre le mariage, fait au Nègre

cadeau de la Négresse à laquelle celui-ci est uni, il ne peut ainsi arriver à

ses fins ; à moins que l’esclave n’accepte le cadeau.

L’esclave, avec la permission de son propriétaire, peut épouser les

enfants de ce maître ; si les enfants y consentent ; mais la loi ne fait que

tolérer cette action et ne l’encourage pas. Il est aussi loisible à l’esclave

d’épouser d’autres esclaves que celles de son maître et de se marier avec

une femme libre il mais il ne doit s’unir à sa propre esclave. (Sīdī Khalīl.)

CHAPITRE XI.

Mariage entre gens libres et esclaves.

Une personne libre incapable de faire des enfants peut se marier à

une personne esclave, si cependant il est bien certain qu’elle soit

impuissante. Cette personne, quel que soit son sexe, ne peut se marier

avec l’esclave de ses père et mère, mais il convient que ce dernier

serviteur soit de la religion musulmane. Il est bon que ces sortes de

mariages aient lieu, la femme acquise fût-elle non mahométane, lorsque

l’acquéreur craint, en n’agissant pas ainsi, de prévariquer, ou qu’il n’a

pas assez d’argent pour prendre une femme ordinaire, une femme qui

exigerait une forte dot. Ces alliances ne sont possibles que dans certains

cas, dont nous venons de citer les principaux. Si un homme, marié ainsi

que nous venons de le dire, devient riche et qu’il se marie à une femme

libre, celle-ci, lorsqu’elle a connaissance du premier lien de son mari,

peut avoir recours au divorce ou rester mariée, à sa guise. (Sīdī Khalīl.)


CHAPITRE XII

Traitement des femmes esclaves mariées.

L’esclave femelle ne peut obliger son mari de la loger à part, à

moins que l’usage du pays ne soit ainsi ; elle reste dans la maison de son

maître, et son mari vient l’y trouver sans qu’on puisse l’en empêcher.

L’esclave qui a un enfant de son maître, celle qui doit se racheter,

lorsqu’elles se marient, ont droit à un logement à part, quelle que soit

l’habitude du pays.

L’esclave moitié libre, moitié esclave (mubaʿʿaḍ), le jour où elle est

esclave, n’a pas droit à être logée séparément, à moins de conditions

contraires ou que ce soit la coutume du pays ; et, le jour où elle est libre,

elle loge à part.

L’esclave mariée et n’ayant pas droit à un logement séparé, est

obligée de suivre son maître en voyage, et peut même être vendue dans le

trajet ; il n’en est pas ainsi de l’esclave ayant droit à être logée à part, à

moins, dans les deux cas, que les coutumes du pays ne l’établissent d’une

manière contraire.

La maître peut, sans le consentement du mari, diminuer la dot

exigée ; il peut la réduire à un quart de dinar (9 fr. 50 c. variable), pas

moins ; ce fait n’est pas possible, si l’esclave est endetté et que le maître

le sache. Le maître est en droit d’empêcher le mari de consommer le

mariage jusqu’à l’entier payement de la dot. Si le maître vend son

esclave mariée, avant la consommation du mariage, à quelqu’un qui part

pour un voyage, il peut exiger le payement de la dot. Lorsque le mari

divorce avant que le mariage soit consommé, le maître a droit à la moitié

de la dot, à moins que ce ne soit un empêchement majeur qui mette

obstacle à l’accomplissement de l’alliance. Le mari est obligé de donner

à la Négresse les meubles qui lui sont nécessaires avec l’argent

provenant de la dot ; s’il les achète avec d’autres sommes, la dot lui

appartient. Lorsque le maître vend sa Négresse avant la consommation

du mariage celui qui l’a achetée ne peut, sous prétexte de n’avoir pas

reçu la dot, empêcher le mari de consommer le mariage. La dot revient

au vendeur ; l’acheteur n’y a pas droit, à moins qu’il n’ait posé cette

condition dans l’achat.

Lorsque le maître donne préalablement la liberté à son esclave, à

condition qu’elle se mariera à lui ou à un autre, si, une fois libre, la

femme se refuse à cette union, elle le peut en toute sûreté, car alors elle

agit en personne libre.


Si le maître vend sa Négresse au mari de celle-ci avant la

consommation du mariage ou annule la dot, il doit rendre cette dernière

somme car, en agissant ainsi, il casse le mariage.

Si la Négresse a été vendue à son mari avant la consommation du

mariage, par ordre du hākim, et à cause de la banqueroute du maître,

celui-ci peut prendre la dot. Ses créanciers n’ont pas droit sur cette

somme, parce qu’elle est considérée comme gain survenu

postérieurement à la banqueroute.

Lorsque la Négresse a été vendue à son mari après la consommation

du mariage, sa dot est exigible ; le maître la réclame, et poursuit l’esclave

devant la justice, si c’est une esclave affranchie.

Le maître ne peut prendre ni comme concubine ni comme épouse

une Négresse qui ne serait pas d’une des quatre religions qui sont

reconnues par le Qurʾān comme ayant pour bases les livres sacrés. (Sīdī

Khalīl.)

CHAPITRE XIII.

De l’esclave qui trompe sa femme en lui cachant son état social.

Lorsqu’un esclave, en contractant mariage, trompe la personne à

laquelle il doit s’unir en se prétendant libre, tandis qu’il ne l’est pas, il

conclut une alliance qui peut être rompue ou respectée, à la volonté de la

personne trompée. Si la rupture a lieu avant la consommation du mari-

age, la femme ne reçoit pas de dot ; le contraire a lieu dans le cas opposé.

Si le maître de la Négresse trompe le mari, celui-ci a droit de

prendre la dot, lorsque la rupture a eu lieu. Si la Négresse était présente

lors de la rédaction de l’acte, le mari décide qui des deux, la Négresse ou

son maître, doit, payer la dot. Lorsque la Négresse trompe son époux en

se prétendant libre, et qu’ensuite, lorsqu’elle devient mère, elle est

reconnue esclave, l’enfant est libre et héritier de son père, si celui-ci est

libre ; mais le père est obligé de payer la valeur de l’enfant au maître de

la Négresse.

Quand c’est, au contraire, le maître qui a trompé sur la qualité de la

Négresse au moment du mariage, l’enfant qui vient à naître de cette

union n’a pas besoin d’être acheté par son père.

Le mari de condition libre qui prétend et affirme par serment que la

Négresse ou son maître l’a trompé, est toujours cru. Il peut exiger la dot,

lors même qu’il ne s’aperçoit de la tromperie qu’après le divorce ou a

mort de la Négresse.


L’homme atteint du judhām (éléphantiasis) ou de la lèpre, doit être

éloigné de ses femmes ou concubines, si celles-ci y consentent. (Sīdī

Khalīl.)

CHAPITRE XIV.

Du divorce. – De l’ʿidda.

Il y a trois manières différentes de formuler le divorce pour les gens

libres, Celui qui dit : Je divorce par trois (bi-thalātha), ne peut plus se

marier avec une femme que celle-ci n’ait été épousée et répudiée par un

autre mari. Pour les Nègres, il y a deux manières seulement de divorcer,

et, la formule par deux étant prononcée, la même chose n’arrive que dans

le cas précédent. Celui qui divorce ṭalāq sunnī (selon la loi), peu ;

reprendre sa femme malgré elle est sans le consentement de celui auquel

elle appartient. Il est convenable, toutefois, que al-ʿidda (temps pendant

lequel les femmes doivent rester sans contracter une nouvelle alliance)

soit terminé.

La femme dite, khāliʿa, c’est-à-dire qui a payé quelque chose à son

mari pour divorcer, ou qui lui a fait abandon d’un droit quelconque dans

ce même but, ne revient à son mari que de son propre consentement à

elle ; il en est ainsi de celle qui divorce ṭalāq bāʾin (divorce par ordre de

l’autorité). La femme ne devient khāliʿa qu’avec le consentement de son

maître, sinon le droit khalʿ tombe et le divorce a lieu comme d’habitude.

La femme divorcée après la consommation du mariage a droit à

toute sa dot, et à la moitié seulement si l’union n’a pas été consommée.

Toutefois, la femme répudiée ou son père peuvent tenir le mari quitte de

cette somme. Dans ce même cas, la femme esclave ne peut agir ainsi

qu’avec la permission de son maître.

Si un mari refuse de payer les dettes de sa femme ou ne peut

l’habiller, le qāḍī fixe un terme, après lequel, si l’époux persiste dans sa

conduite et la femme le désirant, le divorce est prononcé, que ce soit

avant ou après la consommation du mariage.

La même chose a lieu si le Nègre qui ne veut payer les dettes de sa

femme est absent. Dans cette espèce de divorce, on peut reprendre sa

femme avant l’accomplissement de al-ʿidda. Lorsque le mari fait subir

de mauvais traitements à sa femme, le divorce est prononcé, si celle-ci le

désire, sinon le qāḍī réprimande et punit le mari.


Celui qui, étant absent, laisse sa femme dans le besoin, s’il a des

biens en ville, la vente en est ordonnée par le qāḍī, et le produit accordé à

la femme. De même, si le mari a laissé quelque chose en dépôt, le qāḍī

peut faire vendre ces objets et attribuer une partie de l’argent qui en

provient à la femme.

Si la femme étant du reste entretenue convenablement, l’absence du

mari se prolonge et qu’elle s’en plaigne, le qāḍī écrit au mari pour

l’engager à revenir. S’il n’arrive pas de réponse, ou si on ignore la

résidence du mari, on laisse les choses dans le statu quo pendant quatre

ans pour les gens libres, et deux ans pour les esclaves, après quoi le

divorce s’accomplit. (Shaykh Ibn Salmūn.)

Si, le divorce a lieu avant la consommation du mariage, il n’y a pas

d’ʿidda imposé par la loi. De même, si l’un des deux époux n’a pas l’âge

exigé pour que l’union soit complète. L’ʿidda d’une femme libre est de

trois mois. L’ʿidda d’une esclave est de deux mois, que son ex-mari soit

libre ou esclave. L’ʿidda de la femme enceinte va jusqu’à l’époque de

l’accouchement. L’ʿidda de la femme dont le mari est mort est, pour la

femme libre, de quatre mois dix jours, et pour l’esclave, de deux mois

cinq jours. La Négresse dite umm al-walad, lorsque son maître vient à

mourir, observe un mois d’adda, et celle qui est enceinte respecte l’ʿidda

jusqu’à son accouchement.

Il est défendu par la loi à une femme de se fiancer pendant l’ʿidda ;

les pourparlers seuls sont tolérés ; mais si l’acte est établi pendant le

temps prohibé, non-seulement le mariage entre ces deux époux est

annulé, mais il est interdit pour toujours, si toutefois l’alliance a été

consommée.

Si, l’acte de fiançailles ayant été fait pendant l’ʿidda, le mariage

n’est consommé qu’après, l’union est approuvée par certains légistes et

condamnée par d’autres.

On ne doit pas l’entretien à une femme divorcée, à moins qu’elle

n’ait fait le ṭalāq rajʿī, ou divorce, après lequel on peut reprendre sa

femme. Dans ce cas, le mari est obligé de la loger, de la nourrir, de

l’entretenir jusqu’à l’expiration de l’ʿidda. Si cette femme est enceinte,

elle est entretenue pendant tout le temps de cet état.

La femme divorcée pour toujours n’a droit à aucun entretien ; elle

doit être seulement logée pendant tout le temps de l’ʿidda. Si cette

femme est enceinte, il en est autrement ; quoique divorcée pour toujours,

elle reçoit les soins que réclame sa grossesse tant que dure cet état.


La femme dont le mari est mort ne doit pas être entretenue, mais

seulement logée jusqu’à ce que l’ʿidda soit expiré. (Shaykh Ibn Salmūn.)

CHAPITRE XV.

De la tutelle.

Les garçons sont mis en tutelle jusqu’à l’époque de leur majorité ;

les filles, jusqu’à celle de leur mariage. Les femmes sont de préférence

chargées du rôle de tuteur. Celle qui a charge de tutelle doit être parente

de celui qui doit être mis en tutelle à un degré tel que le mariage ne

puisse avoir lieu entre eux. Ainsi, la fille de la tante maternelle ne peut

être tutrice.

Les hommes sont tuteurs lorsque le cas les y oblige, par exemple

lorsqu’ils sont patrons de l’individu à mettre en tutelle ou désignés par le

père de celui-ci. Les hommes sont tuteurs, quoique parents de l’enfant en

tutelle.

Les personnes qui, de préférence, sont chargées de tutelle sont : la

mère, la grand’mère, l’arrière-grand’mère, la tante maternelle et la tante

de la tante maternelle (les docteurs discutent cependant les droits de cette

dernière) ; viennent ensuite la mère du père, le père, la grand’mère du

père, la tante paternelle, la fille du frère, la fille de la sœur.

Si, parmi les femmes de la famille, on n’en trouve pas qui puissent

être tutrices, on s’adresse aux hommes en suivant le degré de parenté.

L’individu désigné par le père est préférable à tout parent. Lorsque la

famille se rassemble pour nommer son tuteur, les shaqīq (frères des mêmes

père et mère) choisissent l’un d’entre eux ; habituellement le plus âgé.

Le père est obligé d’entretenir ses garçons jusqu’à leur majorité ; ses

filles, jusqu’à l’époque de leur mariage. Si un enfant est né estropié ou

qu’il le devienne, son père est obligé de fournir à tous ses besoins jusqu’à

ce que cet enfant puisse gagner sa vie. Le qāḍī fixe la somme nécessaire

à l’entretien de celui qui est en tutelle, en se basant sur la fortune du

père ; si celui-ci refuse, il est mis en prison jusqu’à ce qu’il prouve qu’il

lui est impossible de nourrir son enfant. (Ibn Salmūn.)

Pour être tuteur, il faut être réputé sage, vivre à son aise, prendre

soin de l’enfant dont on est chargé. Si le tuteur, qu’il soit père ou mère de

l’enfant, ne remplit pas les conditions de la tutelle, il est débarrassé de ce

soin, qui est confié à un autre parent plus éloigné. La tutelle passe en

d’autres mains, si celle qui en est chargée n’est pas approuvée en cela par


son mari. Si la tutrice se marie, elle cesse ses fonctions aussitôt le

mariage consommé. La tutelle serait également transférée à une autre

personne si la parente tutrice, chez laquelle se trouvent les enfants, était

mariée, et que la mère des enfants en tutelle, s’étant remariée, vint

habiter chez la tutrice.

Si la tutrice se démet de sa charge de sa propre volonté, elle ne peut

plus la reprendre ; si elle s’en dégage par suite de maladie, voyage ou

autre cas majeur, elle est en droit de la ressaisir. Si le plus proche parent

des enfants ne se plaint pas pendant trois ans d’un mariage qu’aurait

contracté la tutrice, celle-ci peut conserver la tutelle jusqu’à la fin.

La tutrice n’a pas droit d’éloigner les enfants qui lui sont confiés

loin des villes où sont leurs parents ; si elle quitte elle-même la ville, elle

cesse ses fonctions. Si les proches parents des enfants s’éloignent de leur

pays, la tutrice perd ses droits, à moins de suivre les enfants. Le plus

proche parent des enfants en tutelle ne peut exiger leur déplacement, s’il

s’éloigne pour son commerce ou pour son plaisir.

Le plus proche parent est chargé de surveiller les enfants, de les

envoyer à l’école. Si le père désire que ses enfants en tutelle viennent

manger chez lui, quoiqu’ils habitent chez leur tutrice, il est dans son

droit ; et cela lui est permis, pourvu qu’il n’y ait pas d’inconvénient à ce

déplacement journalier des enfants. (Shaykh Ibn Salmūn.)

CHAPITRE XVI.

De L’esclave mère (umm al-walad). – Du mukātab).

Au moment où l’on vend une femme esclave, on reconnaît qu’elle

est enceinte, soit par son état de grossesse, soit par l’aveu de son maître,

s’il avoue avoir eu commerce avec elle.

Lorsque la Négresse est enceinte de six mois, sans que le maître

déclare cette grossesse, l’enfant est considéré comme étant celui du

maître, et il hérite de son père. La mère est alors umm al-walad (mère de

l’enfant). Ceci n’a pas lieu si la Négresse est enceinte de moins de six

mois au moment de la vente.

Si la Négresse enceinte assure que ce fait vient de son maître et que

celui-ci le nie, cette dénégation est valable en justice ; mais à la mort du

maître, la Négresse, si elle est mariée, est mise en liberté. Du vivant du

maître, la mère et l’enfant restent esclaves ; mais la Négresse ne peut être

vendue.


Lorsqu’une Négresse, ayant déjà un enfant de son maître, vient à

être vendue, elle n’est pas considérée comme umm al-walad ; elle ne

prend ce titre que si elle fait un second enfant avec son possesseur.

Si la Négresse vendue n’est pas prise par l’acheteur avant qu’elle

accouche, elle est considérée comme eum el ouled.

Le maître ne peut avoir de relations, soit en mariage, soit en

concubinage, avec deux sœurs à la fois il ne peut avoir commerce avec

celles qui n’ont pas de religion, mais seulement avec les musulmanes.

(Shaykh Ibn Salmūn.)

L’esclave mukātab est celui auquel le maître a promis la liberté

moyennant rachat. Ainsi, si le maître dit à son serviteur : “Tu es libre,

moyennant telle somme,” l’esclave est de suite mis en liberté, et l’argent

exigé est une dette contractée par lui.” Il faut, remarquer que la somme

doit être fixée par le maître, ainsi que le rapporte le Mudawwana de

l’imām Mālik ; que le propriétaire doit désigner si l’esclave payera la

somme demandée avant ou après la mise en liberté. Si le maître ne veut

donner la liberté qu’après l’acquittement de la somme, le serviteur reste

esclave jusqu’à cette époque. Du jour où l’esclave souscrit à toutes les

conditions imposées par le maître pour le rachat, il est mukātab.

L’esclave peut donner toute espèce de choses en payement, excepté les

objets défendus par la loi, et l’argent non payé que pourrait lui devoir à

lui une personne étrangère. Si l’esclave s’acquitte au moyen de choses

détériorées, le maître peut exiger un autre payement. Lorsque l’esclave

donne ce qu’il peut, mais que le propriétaire ne s’en contente pas et veut

échanger des objets que le serviteur ne peut remplacer par d’autres,

qu’arrive-t-il ? L’esclave reste-t-il, mukātab ou non ?

Cette question est résolue d’une manière diverse et très-vague d’un

côté. Ainsi, on dit, d’une part : Une fois que l’esclave est devenu

mukātab, il est considéré comme ne devant plus rien à son maître.

D’autre part, on répond : Si le mukātab prétend avoir payé son maître, et

le que celui-ci soutienne le contraire, on exige le serment du maître, et le

mukātab aura devant Dieu à supporter les suites de sa conduite.

Si, au milieu de la discussion, le mukātab offre de payer la somme

dont il est convenu, il est reconnu libre aussitôt le payement accompli. Si

le maître est absent, le qāḍī supplée. Si, l’époque du payement expirée,

l’esclave n’est pas en mesure d’acquitter sa dette, le qāḍī prononce et

décide si le mukātab redevient esclave.

Le kitāba, ou fixation de la somme pour laquelle le maître fait son

esclave mukātab, ne peut être annulé que par le qāḍī ; le maître est libre


de ne recevoir qu’une partie de la somme demandée et n’acquitter son

serviteur du restant de la somme. Si l’esclave appartient à deux maîtres,

un des deux ne peut racheter la part de l’autre.

Lorsque le mukātab qui a la permission de se servir des biens de son

maître a une discussion avec celui-ci sur la quotité de l’argent ou

l’époque du payement, Ibn al-Aṣamm dit qu’on doit croire le mukātab,

etal-Ashahb soutient qu’on doit s’en rapporter au maître.

On ne peut présenter personne ni rien déposer pour caution du

kitāba. (Shaykh Ibn Salmūn.)

CHAPITRE XVII.

Du tadbīr.

Le tadbīr consiste dans la mise en liberté de l’esclave à la mort de son

maître, sans que pour cela le serviteur devienne le mandataire du maître.

Il importe que le maître explique bien dans l’acte du tadbīr que son

esclave, sera simplement mis en liberté sans devenir son mandataire.

Ibn al-Aṣamm a dit : “Si le maître fait son esclave mudabbar (celui

auquel on a promis le tadbīr), il lui donne par là même une sorte de

procuration pour être son fondé de pouvoirs ; il est nécessaire que l’acte

du tadbīr explique jusqu’où va l’intention du maître.”

Le mudabbar (celui à qui la liberté a été promise à la mort de son

maître) ne peut être vendu ni mis en gage, en un mot séparé de son

maître, et celui-ci ne peut retirer sa promesse.

Les fils de mudabbar et de mudabbara profitent des droits de leurs

parents, si ceux-ci meurent avant le maître. Si, au moment de la mort du

maître, la mudabbara est enceinte, l’enfant a droit au tadbīr. (Shaykh Ibn

Salmūn.)

CHAPITRE XVIII.

De la mise en liberté en général.

Le Prophète à dit : “Celui qui met en liberté un esclave est exempt

des feux de l’enfer.” Tout maître peut donner la liberté à son esclave, la

religion ne s’y oppose pas, et, une fois la liberté accordée, le serviteur ne

peut plus être remis dans l’esclavage. Il est bon qu’au moment de la mise

en liberté, l’esclave affirme que celui qui le libère est bien son maître.


L’esclave peut prendre avec lui ce qui lui appartenait dans l’état de

servitude ; s’il survient des difficultés à ce sujet, le maître est obligé de

prouver le contraire de ce qu’affirma l’esclave. Celui-ci prête alors

serment, et, s’il le fait à faux, les suites en retomberont sur lui dans

l’autre monde. Si l’esclave a donné des fonds à un individu pour que

celui-ci le rachète, et que le rachat ait lieu, cette mise en liberté est

valable. Si le maître dit : “Mon esclave est libre,” sans désigner lequel, il

peut choisir, et l’esclave de son choix est libéré. Si, en vendant son

esclave, le maître dit par crainte de Dieu : “Il est ḥurr” (affranchi), ce

mot n’oblige pas de donner la liberté ; mais si 1’acheteur dit aussi :

“L’esclave est ḥurr,” et que le marché se fasse, la liberté est accordée au

serviteur ; celui qui a vendu restitue l’argent à l’acheteur.

Si un homme ne possède que la moitié d’un esclave et qu’il lui

donne la liberté, l’autre maître est obligé de souscrire à ce fait. Tous les

ulémas sont d’accord là-dessus.

On peut promettre la liberté à un esclave pour une certaine époque ;

le moment arrivé, le, serviteur doit être libéré.

Celui qui affranchit la portion qu’il possède d’un Nègre est obligé

de payer la portion de son copropriétaire, et alors l’esclave devient libre,

si toutefois celui-ci consent à être mis en liberté.

Ceux qui, reçoivent en héritage un Nègre auquel on a promis la

liberté, doivent observer la promesse du maître défunt ; s’il y a

discussion, on distrait le Nègre de la somme des biens légués et on le met

en liberté. Si le maître commet envers son esclave une action blâmable et

patente, il lui donne par là droit à la liberté ; par exemple, s’il lui coupe

un doigt, lui casse un ongle, s’il lui fend les oreilles ou lui brûle une

partie quelconque du corps, s’il lui arrache des dents. On ne considère

pas comme un mal de marquer les esclaves aux bras ou de leur faire raser

la tête.

Dans les cas que nous venons de citer, la liberté ne peut être

accordée que par une décision des gouvernants. Celui qui dit en

mourant : “Je mets en liberté mes esclaves,” et qui n’a pas d’autres biens

qu’eux, n’est pas respecté dans sa dernière volonté. Le tiers seulement

des esclaves est alors libéré.

Le plus grand mérite consiste à donner la liberté à ceux des esclaves

qui valent le plus d’argent, fussent-ils infidèles ; à prix égal, pour des

esclaves musulmans, la mise en liberté de l’esclave mâle est plus

méritoire ; tandis que, pour des serviteurs infidèles, il est plus attaché de

mérite à la libération de la femme. (Shaykh Ibn Salmūn.)


L’individu qui donne la liberté à un esclave devient comme son

propre parent ; si l’esclave libéré meurt sans enfants, son ancien maître

hérite.

Si le maître meurt, ses descendants, ou, faute de ses descendants, ses

ascendants, à l’exclusion des femmes, reçoivent l’héritage ; mais si le

maître ne laisse aucune espèce de parenté, et si l’esclave libéré a donné

lui-même la liberté à un autre esclave, le serviteur affranchi hérite de la

fortune du maître défunt.

L’héritage d’un esclave infidèle, mort après avoir été 1ibéré,

appartient aux musulmans, s’il est mort dans sa religion, et à son ancien

maître, s’il meurt musulman.

Toutes ces règles, en fait d’héritage, ne s’appliquent qu’à l’égard de

ceux qui sont bien reconnus libres, et nullement envers les mukātabs.

(Shaykh Ibn Salmūn.)

FIN DU CODE DE L’ESCLAVAGE


DOCUMENT 2:

LETTERS FOUND IN THE HOUSE OF KOSOKO,

KING OF LAGOS (1851)

INTRODUCTION1

Olatunji Ojo

n December 1851, when British forces sacked Lagos and deposed its

king, Kosoko, Commodore Henry William Bruce of HM Penelope, the

leader of the operation, seized 48 Portuguese letters between Brazilian

and Yoruba slavers.2 The letters were sent to the British Admiralty Office,

transcribed and published with English translations in the 1852/53 issue of

the House of Lord Sessional Papers under the title “Letters found in the

house of Kosoko, King of Lagos.”3 Dealing with the shifting socio-

economic and political realities engendered by global anti-slavery, the

letters, 36 from Brazil and others from traders in Africa or aboard trade

vessels, were written between 1848 and 1850 and dealt with issues of

trade, friendship, education, healthcare, politics, and abolition. Thus, they

compare with well-known papers of African merchants like Antera Duke

of Old Calabar, Adandozan of Dahomey, George Lawson of Little Popo,

and Jose Francisco dos Santos of Ouidah.4 Coincidentally, there is an

overlap between the Kosoko and dos Santos papers showing that both men

traded with some of the same Brazilian traders including Domingos

Gomez Bello, Joaquim Pereira Marinho, Marcos Borges Ferraz and

Joaquim Alves da Cruz Rois and they used similar trade tactics.5 While the

Kosoko letters have been in public domain for a long time, scholars have

hardly explored them.6 This essay explores what the letters reveal about the

operations of the Yoruba-Brazil slave trade during the last days of the

Atlantic slave trade. They also highlight the nexus between trade and

politics, the concerns of slavers in the age of anti-slavery, and tactics for

circumventing the abolitionists.

The letters raise some historiographical questions. First, they relate

to the last three years (barely 6 percent) of the nearly five decades of the

I

38 OLATUNJI OJO

Lagos-Brazil slave trade so we probably do not have enough data to draw

any major conclusions about trade patterns. In addition to writing letters

merchants also communicated through face-to-face meetings and sent

verbal messages through third parties among others. So these letters give

us neither a full picture of commercial correspondence nor of Kosoko’s

operations. Second, we lack full knowledge of events mentioned in these

letters since certain issues raised in one letter appear to have continued in

the missing ones. For example, two writers protested that they had

received to their letters while three traders resent copies of letters that

had not reached their destinations.7 Upon close scrutiny, I found

references to 34 other letters including twenty from Kosoko, eleven from

Brazilian traders, and three from a Chief Acheron who could have been

the Osoun-Ejidun of Lagos. Furthermore, the letters discussed in this

essay are mostly about the business operations of a single African trader,

albeit a major one, but whose trade represented a small fraction of total

trade for the period. So how representative of the broader trade in slaves

are captured in the letters? Third, the original letters have not been found

so I have relied on British transcripts with no way of judging their

accuracy. Unless the original Portuguese copies surface, the authenticity

of transcripts might remain unknown. However, with a working assum-

ption that these are accurate I corrected the English translation where

necessary. Incomplete names like “J. Y. do Couto,” “D. Je Mey” or

“name illegible” and “Roiz” became Jose Joaquim de Couto, Domingo

Jose Martinez (d. 1867) and Rodriguez respectively and in letter 46, I

translate “charutos” as cigar and not “cheroot.”

Trade and Politics in Lagos, 1790s-1840s

The Yoruba town of Lagos became a major port of the trans-

Atlantic slave trade in the 1790s and within two decades it was the

leading slave port in the Bight of Benin. This development was not lost

on European and African slave traders who thronged to the city. Yoruba

and Hausa traders called the town Eko while Europeans called it Lagos.

Though the Portuguese gave the name Lagos in the fifteen century up to

the eighteenth century Brazilian traders mostly used the name Onim (also

“Awani” or “Aonin”). This may have been a poor rendition of Awori or

Aori, the region’s ethnic name and not “Ini or Bini” as Percy Talbot has

suggested.8

The Lagos trade mirrored the city’s location and social structure. As

Kristin Mann writes, Lagos had a less militaristic posture giving it an

INTRODUCTION TO LETTERS FOUND IN THE HOUSE OF KOSOKO 39

edge over nearby Porto Novo, Badagry and more so Ouidah all under the

pro-military and expansionist Dahomian king. Thus, trade rather than

soldiering was crucial to the growth of Lagos.9 Also, being located on a

small sandy island, while limiting Lagos territorial and productive

capacity, provided incentive for friendly relations with nearby societies.

Lagosians relied on their neighbors for food, slaves, textiles which they

sold for salt, fish and European goods. Many people fleeing persecution

in surrounding districts fled to Lagos just as those on the margins of

Lagos society had places to hide among their mainland neighbors.

Consequently, powerful politicians in Lagos emerged from among

successful merchants.

If the lack of a natural harbor in Lagos was a reason for its unattrac-

tiveness to European sailors, for a long time it had the only outlet to the

sea in the Bight of Benin. Elsewhere the lagoon ran parallel to the sea so

slaves had to be brought to the lagoon which was separated from the sea

by a long sandbar. So from the lagoon, slaves had to walk a mile or two

across a sandbar to board slave ships. In Lagos, however, the lagoon

joined the sea making it possible to transport slaves in canoes from the

lagoon to the sea. Over time Lagos became a regional market.

Commercial changes began in the 1790s under King Ologunkutere

(Kosoko’s grandfather) who introduced low taxes and less regulation.

But this was not the only reason for the rise of Lagos. Ologunkutere’s

policies contrasted with his Dahomian counterpart, Agonglo, who sought

to concentrate trade in Ouidah and in the hands of approved traders.

Slave traders relocated their operations to Lagos after becoming weary of

Dahomian laws and adverse trade conditions in the areas under

Dahomian control.10

The abolition of the slave trade by the French

regime in 1794 intensified troubles in Ouidah as French traders withdrew

from the Bight of Benin and did not return. It is not unlikely the crisis

engendered by falling trade in Ouidah was a factor in the 1797 coup

when a royal faction murdered Agonglo.11

Meanwhile Yoruba and Hausa

traders who hitherto brought slaves to Ouidah rerouted their operations to

Lagos. Starting as a small, non-slave trading port in the 1770s, Lagos

grew to dominate the nineteenth century West African slave trade after

1851.

Drawing on Voyages: The Trans-Atlantic Slave Trade Database

(later Voyages), 786,637 slaves embarked in the Bight of Benin between

1761 and 1851 the period of the Lagos slave trade. Of this number

297,248 or 37 per cent slaves departed Lagos. Before 1786, 11,022

40 OLATUNJI OJO

slaves were exported to the Americas. Over the next five years (1786-

1790), slave embarkation from Lagos jumped to 14,077. The export of

slaves increased with the outbreak of the Sokoto jihad in 1804 and the

Yoruba wars in 1817 producing thousands of war prisoners and other

victims of slavery-related violence annually. Thus, 81,436 slaves em-

barked from Lagos between 1801 and 1815 and an average of 14,000

annually over the next five years. Although following the British abo-

lition of the slave trade in 1807 and the operations of the British anti-

slavery naval patrol reduced export figures from 31,776 in 1826-1830 to

16,336 in 1831-1835, the trade rebounded in the late 1830s as slavers

devised new tactics. Subsequently, export figure rose to 27,582, 35,038

and 37,715 in 1836-40, 1841-45 and 1846-1850 respectively.12

Slaving

operations were underpinned by the effectiveness of local operators.

The birth of Kosoko coincided with the rise of Lagos as a slave port.

Born to Prince Esinlokun Ajan and an Ijebu woman around the 1790s,

the parents named him Kosoko (there is no hoe) because he was the first

surviving child of his mother. Other children before him died as infants.

Commercial wealth translated into political power and social alliances. It

was not surprising that Lagos princes traded in slaves but also wanted the

throne to further their political and commercial ambitions. When Olo-

gunkutere, died around 1803, Esinlokun’s ambition to succeed his father,

which he thought was his natural right, was contested by his brothers—

Adele Ajosun and Idewu Ojulari. An intense contest ensued at the end of

which Adele was elected king around 1807. Although Esinlokun

regained the throne around 1821 and drove Adele into exile, two decades

of chieftaincy conflicts had a lasting negative impact on the royal family

Chieftaincy wars turned princes into warriors. Losers in one contest

never gave up so the succession order became increasingly contentious.

This explains why for three times Kosoko, Esinlokun’s son failed to

secure the throne of Lagos throne. First in 1832, he lost to his older

uncle, Adele, who regained power after more than a decade in exile.

After Adele’s death in 1834 Kosoko vied for the throne but lost to

Adele’s son, Oluwole (1837-1841) and the resultant contest between

them is called the Ewe Koko war. Like other unsuccessful candidates

Kosoko, went on to live in exile in Badagry then Ouidah where he

befriended Brazilian slavers. When Oluwole died from a gun powder

explosion in 1841 Kosoko again aspired to the throne but lost to another

uncle, Akintoye (1841-45).13

After the third loss, Kosoko fled back to

Ouidah to resume the slave trade.


Seeking to unite the royal factions and end the civil war which had

plagued the city since the death of Ologun Kutere and to the

consternation of his advisers, Akintoye pardoned his nephew, Kosoko,

and made him the Oloja (head) of Ereko (the city’s western ward) around

1843. A source suggests Akintoye rented a boat from Domingo Martinez,

then a leading slave trader in Lagos, to bring Kosoko back. This was a

mistake on the part of Akintoye. Kosoko cherished the opportunity to be

in Lagos to appease his opponents and plot his way to the throne. The

goal could not be achieved without reducing Akintoye’s powerbase.

Traditions show that Eletu Odibo, a Lagos chief, disliked Kosoko

and had used his position as kingmaker to oppose his candidacy. He also

humiliated Kosoko by vandalizing his mother’s grave and throwing the

exhumed body into the lagoon. So there was no love lost between the

two. Eletu rejected Akintoye’s plan to recall his nephew and in protest

left for Badagry on voluntary exile in 1844.14

In pursuance of his desire

to undermine Kosoko’s power and reassert his influence in Lagos politics

Eletu sought an alliance with Britain including a promise to support its

anti-slavery policy and intervention in Lagos politics.15

After news spread

that Eletu left Badagry for Lagos on 21 July 1845 Kosoko dispatched

troops to ambush and kill him. Although the chief fought his way back into

the city, he was soon overpowered and killed. Kosoko’s allies also sacked

the palace, deposed Akintoye, and install their boss on the throne. This

battle is remembered locally as Ogun Olomiro (salt-water war), from the

salty well water which residents drank from during the war.16

Kosoko began to consolidate his power by restructuring Lagos

trade. He sacked traders loyal to Akintoye and promoted a new crop of

merchants some of whom he had known during his days in exile.

According to Samuel Crowther of the CMS “it appears from all accounts

that all the property of the Portuguese slave dealers about four of whose

number who traded with Akintoye was plundered by Kosoko’s soldiers,

who scarcely left a shirt on their backs.”17

Another CMS agent, Charles

Gollmer, added “[t]he Portuguese suffered the loss of nearly all their

property at Lagos.”18

Domingo Martinez who under Akintoye reportedly

made $1-2,000,000 selling slaves was one of the affected traders.19

The removal of Akintoye caused tension between Domingo

Martinez and Kosoko. As late as June 1846, reports mentioned “an

opposition between” them.20

Consequently, Martinez moved his opera-

tions from Lagos to Seme Podji near Porto Novo. He also had trading

posts at Ouidah and Ajindo, the latter a slave port between Badagry and

42 OLATUNJI OJO

Lagos.21

He also focused on trade with the hinterland, especially Egba

and Dahomey. Thus Martinez established a new trade post at Ajindo on

the Badagry-Yoruba interior highway, described in 1825 as “a town of

considerable trade for slaves…and the only place where vessels anchor

between Badagry and Lagos.”22

He had another post at Ibese, nine miles

west of Lagos which was more accessible by canoe. Disagreements

between Kosoko and Martinez mirrored similar tension between King

Adandozan and Francisco Félix da Souza (1754–1849), a Brazilian

trader, who dominated the slave trade in the Bight of Benin from 1820 to

about 1844. Drawing on archival materials Ana Lucia Araujo describes

Adandozan’s complaints against da Souza, then a clerk at the Portuguese

trade post in Popo, as ranging from financial profligacy, diversion of

trade from Ouidah to Popo and poor treatment of workers of the

Brazilian fort.23

The conflict peaked in the early nineteenth century with

Adandozan ordering da Souza’s arrest and imprisonment in Abomey. Da

Souza retaliated in 1818 by bankrolling a palace coup which deposed

Adandozan and installed Gezo on the throne. Subsequently, Gezo invited

da Souza in Ouidah and made him his foreign trade representative.24

Nonetheless, relations between traders and monarchs, after palace

coups in which some traders openly supported losing candidates, did not

produce any enduring opposition. The Brazilians soon resumed business

as before. For instance, the first record of Joaquim Pereira Marinho’s

involvement in the Lagos slave trade was in June 1839 when he returned

to Bahia on the Destemida, a 152-ton Portuguese pollaca under Captain

Manoel Francisco Pinto.25

Marinho continued to trade until the late

1840s, suggesting his involvement with the governments of Oluwole,

Akintoye, and Kosoko. Further exchanges show that Kosoko and Mar-

tinez resolved their differences.26

These cases demonstrate the activities

of a number of Brazilian traders largely survived the Lagos chieftaincy

conflicts. Kosoko and Martinez later resolved their differences. In order

to maximize their newly found love Martinez described Ibese as a “free

port” because unlike Ajindo under Badagry rule, no one had firm control

of this creek village. The advantage of Ibese lies in its accessibility by

land and water. Also because of its closeness to Lagos and the Atlantic

Ocean its location allowed easy and quick movement of slaves without

detection by the British anti-slavery patrol. Relocation to hidden outposts

was one strategy for beating the British patrol. Also by returning

Akintoye’s son under his (Martinez) care in Brazil the merchant might be

signaling to Kosoko that he was ending dealings with his former friend


and client. He also advertized his operations at Ibese where he claimed to

have dispatched four slaves to Brazil and was currently loading another

three. He promised good trade with Kosoko.27

We have evidence to compare slaving operations under Akintoye

(1841-June 1845) and Kosoko (July 1845 to December 1851), and how

much royal authority they imposed on commerce. Kristin Mann

estimates that under Kosoko the export of slaves rose to about 43,000

slaves compared to about 35,000 slaves sold during Akintoye’s term

showing about a 19 percent jump though total revenue remained constant

since Kosoko reigned two years longer than his uncle and slave prices

under him were lower.28

Similarly, the ratio of child slaves leaving Lagos

changed under Kosoko. Children accounted for 40.4 percent of slaves in

1843-1845 before falling to 27.2 percent in 1846-1850 and only 5.5

percent in 1851. Unless fewer children were captured in Yorubaland, low

embarkation in Lagos could be due to higher local retention or the impor-

tation of slaves from the deep interior known to send fewer children to

the coast.

Most of the slaves sold by Kosoko and Lagos merchants came from

the Yoruba hinterland. These were therefore mostly war prisoners.

Others came through the lagoon trade from Porto Novo and the Niger

Delta to Lagos. Data on slave ships leaving Lagos in the mid to late

1840s; the registers of liberated Africans in Sierra Leone; the records of

Christian missionaries in Yorubaland; and British consular and naval

officials in the Bight of Benin document not only many identifiable

Yoruba names of slaves embarked in Lagos, Porto Novo and Ouidah but

also of wars, raids, kidnapping and banditry all tied to the slave trade.

For instance, between 1844 and 1845, Egba forces fought against

Dahomey, Ijebu and Awori while Ibadan and Ijaye fought their first war

for the control of Oyo-Yoruba district.29

Two years later, Kurunmi of

Ijaye reportedly seized about 1,200 Egba traders and sold them into

slavery just as kidnapping raged on Egba and Ijebu territories.30

Similar

violence was reported around Badagry which was constantly harassed by

Porto Novo and Lagos forces as well as suffering from a civil war. On 18

June 1846, Badagry forces sacked a small village near Ibese, a market

village between Badagry and Lagos, and captured many slaves.31

In

March 1847, after a five-month siege, Abeokuta sacked Abaka, con-

taining about 6,000 people. Its inhabitants who survived the war were

enslaved.32

Slave recruitment was not confined to western Yorubaland.

In 1844, Ilorin soldiers marched out against Ekiti. The war became

44 OLATUNJI OJO

protracted partly because Ilorin cavalry forces were not suitable for

warfare in rugged terrains characteristic of Ekiti. Oyo forces joined the

fray in 1845 with some aiding Ilorin and others defending Ekiti. Ilorin

gained the upper hand resulting in the defeat of Ekiti soldiers and capture

of many slaves in 1849.33

Lagosians seized in the chieftaincy wars appear to have been sold

illegally. In one case Kosoko requested that one of the slaves sent to

Bahia must not be sold but trained in an undisclosed vocation. A Bahian

trade agent replied: “as to the one which you…write about that he should

not be sold, it was unfortunate that when the letter arrived he had been

already sold out of the country; he could not therefore be reserved for the

instruction which you finally gave.”34

The victim was not an ordinary

Lagosian but a royalist and palace official. In a related letter Domingo

Martinez wrote: “I am sorry that I cannot help you to get your [stick]

bearer back again, but you know, perhaps, what has become of him.”35

This case was an attempt at preventing wrongful enslavement.36

With heightened tension in Yorubaland in the 1840s, slaves, particu-

larly war prisoners, flooded the Lagos market, drawing Brazilian slavers,

hence the increase in the number of ships loading slaves at Lagos. If so,

expected rising income from the slave trade could have prompted

Kosoko to overthrow Akintoye in 1845 to partake in the booming trade.

Year Number of Ships

(annual) (by reign) Reigning King

1841 1

27 AKINTOYE

1842 1

1843 3

1844 18

1845 (Jan-July) 6

9 (July-Dec) 3

31 KOSOKO

1846 7

1847 6

1848 4

1849 2

1850 6

1851 3

Table 1: Frequency of Brazilian Slave Ships in Lagos, 1843-51


Kosoko, who counted among his allies two of the most successful

Yoruba warriors of the era: the Basorun of Abeokuta and Oluyole of

Ibadan, sourced his slaves from these wars. The slave trade was profitable

during these years due to growing labor demand in Brazil. A slave bought

for £15-20 in Lagos in the 1830s and 1840s fetched on auction in Bahia

(after tax) £50-80 in 1844.37

The price of slaves in Brazil rose to as much

as £120 in 1846 after which it dropped to £80 in 1847.38

Another subject raised in the letters is the payment of trade tariffs.

Usually Yoruba kings did not leave their palaces. Toll collection, mar-

keting, goods inspection and negotiations with foreign traders were

carried out by royal confidants selected from among local chiefs, palace

slaves, and other members of the royal family. It is significant that

Ladunji Osodi Tapa and Ajayi d’Acambi (Akanbi), two of the Lagosians

mentioned in the letters were close allies of Kosoko.39

In his early life,

Tapa (i.e. Nupe), originally a palace slave under Esinlokun, was sent as a

trade agent to Brazil in 1823 where he learnt Portuguese. Back in Lagos

he brokered trade between Brazilians and Lagosians. He later received

the title Osodi or royal chamberlain. After Esinlokun’s death Tapa

transferred his loyalty to Kosoko whose bid for the throne he supported.

Twice Tapa followed Kosoko into exile. On the other hand Akanbi was

another of Kosoko’s war captains who traded both for the palace and in

his own right. A Brazilian trader claimed Akanbi owed him three slaves

and he wanted the king to ensure payment.40

Upon the arrival of slave ships in Lagos, and before their departure,

the practice was to notify the king, through his agents, about the presence

and intending departure of traders. The notification, which conveyed infor-

mation on cargo and size of ship, was followed by visits by palace agents

to determine gifts for the king and trade tariffs. Import tariffs and gifts to

the king had to be paid before the commencement of trade. Captain

Desonnais of the French ship, L’Industrie mentioned one such visit, and

the inspection of goods and negotiation of tax between traders and royal

aides: “I have just received … your …stick bearer.”41

Using Brazilian

records, Ubiratan Castro de Araújo shows that each ship trading in Lagos

in 1846 paid 126 gold ounces or about £1,764 for the permission to trade

at Lagos. Another ship captain paid three barrels of alcohol valued at 60

ounces for trade permit and 36 ounces as gift to the royal family. Another

20 ounces was charged for the inspection of goods and ten ounces for

loading.42

46 OLATUNJI OJO

Taxation varied depending on whether trade was with the king,

senior chiefs or commoners. Tax on each vessel arriving in Lagos was

valued at 7.4 slaves when trading with the palace and 9.65 slaves if with

non-royal traders. These payments reveal that the slave trade earned

Lagos kings good revenue as long as patronage was steady. The differ-

ence between the two rates likely made the palace the market of first

choice. Furthermore, unequal market rates indicate that the palace had

the power of preemption: to sell its products ahead of private operators.

It is doubtful if traders willingly bought sick slaves if they could have

refused. We will see below how regulation of market access enabled the

palace to secure better trade than did private traders and how unlimited

access to credit might have driven Kosoko into debt.

Yet, Kosoko’s involvement in trade did not translate into a royal

monopoly. Unlike Dahomey where the state often tried to centralize

trade, there is no evidence Kosoko had any such power.43

During his

reign, Kosoko was not the leading merchant. Although his tentacles

reached Ouidah, Porto Novo, and Bahia, and he had power to levy taxes

on trade, and approve of participating foreign traders, his operations co-

existed with other private entrepreneurs in the city. Trade data for the

period 1848-1850 reveal that Kosoko sold not more than a fraction of the

slaves embarked at Lagos. For example, he had only five (2.2 percent) of

the 230 slaves on board the Felucca Calunia in January 1848. The

highest report was 22 (5.12 percent) slaves shipped on the Segunda

Andorinha in March 1848 though the ship had a cargo of 430 slaves.44

From 1848 to 1850 Kosoko sent to Brazil around 188 slaves valued at

about Rs$43,544,090 (approx: £392,000).45

Since nearly 5,000 slaves

embarked in Lagos during this period we must see Kosoko as an

insignificant player in the slave trade. Instead, the Lagos slave trade was

dominated by resident Brazilian traders. These included Carlos Jose de

Souza Nombre, Joaquim Jerome de Lima, who “had the largest barra-

coon” around 1850. Another trader, Jose Pinto, once described as Lagos’

“most notorious slave dealer” settled in Lagos in the 1820s. Finally, there

was Marcos Borges Ferraz, owner of the Relampago, the last ship to

embark slaves from Lagos and whose seizure precipitated the British

conquest.46

He was probably the same person as a Senhor Marcos who

with Nombre, according to the British navy, had two stores on the

northeastern bank of the lagoon in 1850.47

A similar pattern developed in Bahia where no single trader had a

monopoly of slaves arriving from Lagos. Among the Brazilian brokers


with whom Kosoko traded, with the number of their letters indicated in

brackets, included Domingo Gomez Bello (12), Francisco Godinho (8),

Domingo Jose Martinez (4), Francisco Lopez Rodriguez (4), and Manoel

Joaquim d'Almeida (2). Access to multiple retailers in Brazil gave

Kosoko two advantages. First, he got good price for his wares by selling

to the highest bidder. Second the ability to choose which trader to whom

to sell his goods was a way for Kosoko to secure his finances and avoid

garnishment or further confiscation of his goods by creditors. In a letter

dated 16 July 1848 Manoel Joaquim d’Almeida expressed anger that

Kosoko abandoned him for other traders though Kosoko owed him an

undisclosed sum. He vowed to seize ships bringing Kosoko’s goods to

Bahia to effect payment:

“Bales” and “Packages”: Slaves as Contraband, Slavers as Pirates

After many missteps the British anti-slavery campaign, which

involved the patrol of West African waters and treaties with Brazil to end

the slave trade, began to yield some results. In 1848, the Brazilian

Parliament passed a law to end the slave trade in 1850. Slavers were

concerned with how anti-slavery laws would affect their business and if

the profit was worth the risk. For example, some of the letters sent to

Kosoko expressed angst against falling trade and seizure of slave ships by

the British navy with the attendant loss of investment in slaves, ships, and

crew among others.

The Anti-slavery naval patrol reduced the demand for slaves in the

Bight of Benin and caused local slave prices to fall. In 1827, the price of

a prime slave around Lagos was ten British pounds (from c. £30 in 1807)

before it fell to six pounds in the late 1840s and only four to five pounds

in 1850.48

Prices were lower in the interior. At Ilaro, a slave market north

of Badagry, a prime slave costs three to four pounds in 1825 or less than

half of the coastal rate. With fewer slave buyers on the coast Yoruba

traders sometimes returned home with their slaves for lack of a market.

In late 1850, slaves brought to Lagos for sale by Egba traders were

returned home due to the lack of buyers. In November “very few slaves

could be sold” and in December they sold only seven of the 135 slaves

brought to the market.49

At this time, slave traders were starting to

embrace the new “legitimate” commerce in agricultural goods. A notable

trader on the coast said “he would buy no more [slaves] but would

engage in the palm oil trade.” He added that for a slave costing $50 in the

48 OLATUNJI OJO

interior, he would give no more than $23-28 in assorted goods—a roll of

tobacco ($15-20) and a keg of gun powder worth eight dollars.50

It was no surprise traders altered their operations to circumvent anti-

slavery laws. Because slave trading was legal south of the equator after

1815, Brazilian ships often carried permits to Central Africa though West

Africa was their primary destination. For instance, from 1822 and 1830,

the Bella Eliza, Esperança Feliz, Andorinha, Emilia, Carolina, Creola,

Cerqueira, Minerva, Bom Jesus dos Navigantes, and Uniao among

others ships embarked slaves in Lagos though they carried permits for

Molembo.51

It would be interesting to know how many West African

slaves were labeled Central Africans in Brazil as a consequence. Second,

in the letters, traders called slaves “bales” or “packages” thus disguising

slaves as inanimate goods like cotton and palm oil which could be traded

legally. The concealment becomes evident when in the same letters the

writers talked about “illness” and charged for the care and “feeding” of

“bales” or described them as having “bad foot” and body marks. For

instance, in a 17 April 1848 letter, in which Manoel d’Almeida declared

he had “received the five bales sent on the Andorinha” he attached a

sales record showing he sold four of another five “packages” received

from Kosoko through the felucca Calumnia for Rs1,360$000 on 19

January 1848. The fifth “package” died on 3 March 1848 for which

d’Almeida spent Rs22$500 on medication and Rs2$000 for burial.52

The reference in the letters to “bad foot” and burial attests to the

health of slaves and mortality during the clandestine slave trade. Perhaps

the anti-slavery naval patrol did not allow traders time to sort slaves

based on their market worthiness. It could also be an indication of

Kosoko’s desperation to sell more slaves including those injured in war

as his income dwindled. If firearms were a novelty in Yoruba warfare in

the 1820s they were widely used after 1840 with bullets causing more

injuries.

The death of slaves was not unknown during the slave trade and was

part of the risk assumed by traders. The fact that the British anti-slavery

patrol reduced the frequency of slave ships in African ports, led to long

detention of slaves in secluded posts pending embarkation and departure

for the Americas. On slaving operations around Ouidah Robin Law

describes how slavers hid off “the coast while their cargoes were

assembled on shore, and then to embark them en masse, in order to

minimize time in which they were subject to seizure.” In the late 1840s,

many slaves were reportedly held on shore for up to nine months or more


before embarkation.53

This would have forced traders to ration food and

water to slaves and increased the chances of starvation and death during

the middle passage and in the Americas. This was the fate of some slaves

sold to Bahia in 1850. In a letter Francisco Lopes Rodrigues told Kosoko

that of the ten slaves embarked on the ship, Andorinha Felliz only five

disembarked in Bahia, one of whom suffered from smallpox. The other

five drowned in the course of embarkation.54

Traders seeking to avoid the anti-slavery patrol also hid their ships.

It is important to establish the identities of slave ships listed in the letters.

So far I have identified 29 vessels most of which are listed in the voyages

database. There are two possibilities for why not all the vessels could be

corroborated by the database. One of the tactics employed by traders

during the clandestine trade was to mislabel a ship’s flag, name and

destination. A ship could have left Bahia under one name or flag and

returning with another such as adopting names and flags of ships origin-

nally assigned to trade with West-central Africa. Hence, the database

might have the unidentified ships under different names. Second,

because these transactions took place in the era of abolition, records

about some ships could have been destroyed making identification

difficult.

Slave Ship Voyage

ID

Slave Ship Voyage

ID

Andorinha

Calunia

[Bela] Mequelina

Segunda Andorinha

Andorinha

Rozitha

Mosquito (Mosca?)

Polka

Bom Destino

Esperanca

Liberdade

Segredo

Diligente (Diligência)

Mara (Mariquinha)

Igualdade (Divindade?)

4582

3772

3680

3679

3784

3969

3956

4599

3962

3971

4612

3961

3783

4607

3968 (?)

Vencedora (Competidora?)

3a Andorinha (4o Andorinha?)

Andorinha Felliz (Feliz)

Fe

Felicidade

Italia

Eu nao sei

Liberal

Dois Irmaos

Camo

Industrie

União

Pardal

St André

4596 (?)

3770 (?)

4019 (?)

4615 (?)

3952 (?)

unidentified

“

“

“

“

“

“

“

“

Table II: Commercial Vessels Mentioned in the Kosoko Letters

50 OLATUNJI OJO

Slave dealing in contravention of anti-slavery laws increased the

risk of seizure and condemnations of ships and cargo, prosecution, and

raised insurance premiums on slave ventures and helped to increase the

price of slaves and the overall cost of trade. Some traders began to find

the trade less profitable and unattractive. In some cases, Brazilian

investors withdrew from financing the slave trade and other people

became indebted due to bad investments. For instance, less than two

years after Martinez advertised his successes in selling slaves without

detection by the British navy, he appeared to have switched to “legi-

timate” trade. In 1851, a British officer gleefully wrote about Martinez’

trade in palm oil with the British firm of Forster and Smith and how he

thought British control of Lagos would end the slave trade.55

Towards the end of the Atlantic slave trade traders began to seek

payment of outstanding debts. Some letters reveal Kosoko’s anguish with

his falling trade fortunes. Usually, Brazilians credited West Africans

with goods and expected repayment later but they abhorred default.

Around this time, several letters show Brazilian investors soliciting

payment of old debts. Kosoko owed an unstated amount on a ship. Due

to poor revenue he voided the contract to the dissatisfaction of the

shipbuilder, the firm of Eduardo Gantois and Henry S. Marback who had

ordered a Sardinian ship.56

The use of a Sardinian flag and not the

Brazilian flag could have been a strategy employed to try to beat the

Equipment Act of 1839 which allowed the British navy to seize ships

fitted for the slave trade even if they carried no slaves. The original

contract was to pay for the vessel from money earned from selling slaves

for Kosoko. For ending the contract the firm froze Kosoko’s money and

he responded by cutting them off from his list of partners. Instead he

switched to other traders.

This might not be the first ship owned by Kosoko. Nearly a year

before he canceled the contract with Gantois and Marback, another

Bahian, Joaquim d’Almeida mentioned a schooner belonging to

Kosoko which left for Sierra Leone on 20 May 1847 and returned to

Brazil five months later.57

The situation changed dramatically over

the next one year since in July 1848 as d’Almeida was threatening to

seize the same ship in lieu of debt.58

Such a threat could only be effective

if Kosoko owned this vessel or its cargo. If Kosoko owned these vessels

he would have joined other West African-based shipping “barons” like

da Souza and Domingo Martinez major slave dealers and who owned or

rented ships to supply slaves to Brazil. Ships associated with Felix da


Souza included the George and James, Legitimo Africano, Dom

Francisco, Florida, Atrevido, Emprehendedor and Fortuna.59

Other

Brazilian creditors included Francisco Godinho listed four Lagos debtors

and a trader seeking payment for “330 cloths and fifty five knives with

silver handles” on behalf a third party for goods sold to some Lagosians

on credit.60

Kosoko blamed British anti-slavery for his financial troubles

especially the inability to honor some credit obligations. Writing in 1849

Kosoko claimed “[T]he English have made several captures [of ships], in

which I have had my share.”61

A year later one of his aides met privately

with John Dasalu, an Egba former slave trader and lately a friend of Egba

Christians, to plot strategies to mitigate the abolitionist crusade. Dasalu’s

pastor and friend, Samuel Crowther described the meeting:

The last market but one an agent of Kosoko had a private

communication with John one of my converts and confessed the

adverse state of the slave trade in Lagos, asked his advice as a trusty

friend, what could be done for the English at Abeokuta in order to

beg the ships of war to relax their vigilance a little, so as to give the

slaves whom their owners could not maintain for want of means

because no vessel has arrived with supplies now a long time.62

We might speculate that the seizure of slave ships accounted for some of

the missing letters. Because the letters were sent via slave ships they

could also have been destroyed to hide evidence of slave dealing from

the British navy.

Contract enforcement including credit protection was necessary for

good trade relations. Social bonds between traders ensured effective

trade. Credit was protected in a variety of ways. Traders kept records of

transactions in the form of contract papers, bills, promissory notes and

checks. After accepting four slaves for delivery to Godinho in Bahia in

1850, Domos Lire wrote:

I, …Captain of the felucca ‘Rositta,’ …about to proceed to … Bahia,

…declare that…I have received on board…in good condition from

King Kosoko, four slaves …which I bind myself to deliver…to

Francisco J. Godinho, receiving for freight 120,000 milreis. To the

fulfillment of the above I do bind myself, my goods, and the said

ship.63

Kosoko’s financial troubles were not indicative of the entire trade

system. At times, Yoruba traders held a trade surplus with Brazilians. At

times the latter stored slaves sent from Lagos until they were sold, often

52 OLATUNJI OJO

on credit. In one case a trader sold a slave in which payment was due in

six months. From his account, the agent set aside money for transpor-

tation, upkeep and housing of unsold slaves, taxes, and agent’s fees

valued, depending on the size of a cargo, at one to five percent per

cargo.64

In another letter Kosoko told Francisco Godinho to sell four

slaves “embarked on the …‘Rozitha’” and spend the revenue on

“commissions …which have not yet been executed, from lack of

funds.”65

Any balance was repatriated to Lagos or expended on goods

meant for Lagos. Between 1848 and 1849, Kosoko had a trade balance of

Rs509,620 with Manoel d’Almeida and Rs3,553,350 to 10,987,725 with

Domingo Bello. Simultaneously, he was demanding payment from the

firm of Gantois and Marback, perhaps a refund of his initial deposit for a

ship. In 1849/50, he variously asked Bello and Godinho to receive

payment for sundry services from Gantois and Marback but the firm

denied holding money for Kosoko. Once, he instructed Bello to pay

$1,000 to Silva Pereira for 200 rolls of tobacco which Kosoko had

bought on credit in Lagos.66

Social Alliance, Commercial Clerks, and Creoles

We discussed earlier the palace conflict in Lagos and specifically

the tension between Kosoko and Akintoye. Like Kosoko, Akintoye did

not give up his ambition after his removal from the throne in 1845. In

exile, he mobilized support from Abeokuta and Badagry to overthrow

Kosoko. When this failed he turned to the Church Missionary Society

(CMS) whose leader, Charles Gollmer, convinced the British govern-

ment that the removal of Kosoko was good for Christian evangelism and

anti-slavery.67

Under these circumstances, it was doubtful if Kosoko

enjoyed his reign for he was constantly on edge and worried about

enemies from within and outside Lagos. Discussions about weapons

came up in two letters. A writer said Brazilian border guards barred the

landing of muskets sent to Bahia for repair.68

Restrictions on foreign

weapons could have forced Kosoko to resort to local sources such as

Avoseh, a trader from Agoué on the Slave Coast, who sent two war

canoes to aid Kosoko in Lagos.69

Foreign intervention provides insights into the integration of Lagos

into the West Africa sub-regional networks and how social ties under-

pinned trading operations. Merchants operated simultaneously as traders

and social allies. Traders addressed each other as “My dear Friend” or

“My Illustrious friend.”70

Houses of leading merchants like Kosoko in


Lagos, Domingo Martinez in Ouidah and Porto Novo, and the da Souzas

in Ouidah among others served as salons where people met to drink, eat,

and exchange gifts. A number of letters highlight such ties. Letters from

Desonnais, a French ship captain, and Godinho, to Kosoko dealt with

social ties. Twice, Dessonais sent Kosoko a case of Muscatel wine from

his (Dessonais) estate.71

Eight months later Joaquim Pereira regretted not

sending Kosoko cigars because a sailor would not carry them.72

Scholars have commented on sexual liaisons between Africans and

Europeans in Atlantic Africa. They trace such encounters to the scarcity

of white women in Africa and sexual adventure among the mostly young

European male sailors and travelers who turned to African women for

casual and enduring conjugal relationships. Da Souza and Martinez had

multiple wives. Sexual alliances produced more than libidinal satisfaction.

European men accessed African markets through their female partners

while the latter profited by accessing cheap trade goods and inheriting

wealth from their white lovers and fathers.73

Yet these relations were

geographically confined. From Senegal to Porto Novo and Gabon to

Mozambique, a new generation of Africans emerged with biological ties to

Europe and Africa. Europeans seemingly had little luck with women on

the Nigerian coast not because the women did not participate in trade but

for barriers sanctioned by patriarchal control and religious taboos. Yoruba

women who violated this principle were considered morally debased and

shunned by their families and social circles while Europeans caught with

Igbo women risked death or a huge fine.74

If sex was not used as a tool in the Brazil-Yoruba trade, operators

forged other ties to achieve the same goal. Traders served as guardians

and godparents to their allies’ children. Godinho was the guardian for

Kosoko’s sons—Simplicio, Lorenzo, and Camilio—in Bahian schools.75

More than once in Bahia, Godinho met Desonnais to discuss the status

of the boys, whose father had demanded their return to Lagos. The

purpose of their meeting was to dissuade Kosoko from withdrawing the

boys from school. In his letter, Desonnais wrote:

I inform your Majesty…that your three esteemed sons…are on board

the French boat “Industrie.” You have the satisfaction of knowing

that they are in perfect health, although they came on board in the

most deplorable condition, being very ill. By the favor of Providence,

I saved them from the fever…. I treated them as though they were my

own sons; it was sufficient to remember that they were the sons of

one of my best friends.76

54 OLATUNJI OJO

In another case, in July 1851, the trader, Domingo Martinez, was hesitant

to travel to Brazil though his ship was ready. British documents linked

his reluctance to the 1850 Brazilian law banning the slave trade and

harshly punishing slave traders. It is logical that Kosoko also recalled his

children to immune them from detention and prosecution. For the same

reason, one other trader, known in the records as Signor Antonio also

recalled his two sons from Brazil during the same time.77

But if we also

consider the practice in West Africa whereby trade creditors could seize

and sometimes enslave debtors, their property or allies as a tool of credit

enforcement the children could have been withdrawn to protect them

against seizure by creditors in Brazil.78

It could also be that Kosoko

could no longer pay their tuition.

Another trader, Colonia sent greetings from his mother, wife and

children to Kosoko’s wives indicating the women knew about each other

even if they had not met.79

Verger also shows that Pereira Marinho and

Domingo Martinez were close friends.80

In West Africa, Domingo Mar-

tinez befriended not only Kosoko, but also Akintoye and King Gezo of

Dahomey for trade and for leveraging his dealings with Europeans and

local chiefs. In a letter he told Kosoko of his planned visit to Abomey to

participate in the annual royal festival.81

His participation at a ceremony

involving human sacrifice was emblematic of Euro-American traders

immersing themselves in African social practices that promoted better

trade.

The sale of slaves was not limited to the outward-bound Atlantic

trade. Kosoko also bought slaves for domestic use sometimes going

beyond the Lagos hinterland for selected slaves. In one case, he

instructed Domingo Martinez to buy him a female slave for the purpose

of marriage. Although sources did not provide any detail about the

woman such as her color and ethnicity, but in his role as matchmaker

Martinez informed Kosoko the woman he wanted was not of marriage

quality. In his words, “[y]ou asked me to buy you a woman and because

she does not want to be with you, you want me to sell her. I have to tell

you that the woman is not worth a glass of brandy; it is a waste to have

such a woman.”82

Conclusion

I introduced these letters as a way of understanding the institutional

underpinnings of trade, and how traders along the Atlantic realm

deployed these mechanisms during the late Atlantic slave trade in


Yorubaland. In very general terms, these letters illustrate the market and

non-market relations between Yorubaland and Brazil and how

cooperation between the two places ensured the success of the illegal

Atlantic slave trade. I reveal various facets of slaving operations form the

initial processes of enslavement to marketing and how traders, irrespec-

tive of their location, followed certain codes of operations. As I have

argued elsewhere, while the slave trade needed violence to thrive it also

required some orderliness to be profitable. By this means, slavers

exchanged copious records on the names of ships, rig, and size of cargo,

itinerary, prices and account books with credit and debit columns, and

accounts of the “destruction” to their business caused by the global anti-

slavery campaign. Traders performed more than just buying and selling.

They were also social partners who exchanged gifts, provided ware-

housing, healthcare, arranged marriages and looked after each other’s

family members.

NOTES

1 I would like to express my appreciation to I. B. Tauris and Co Ltd. for publishing the

original version of the introduction, and for the kind permission for the publication of the

modified version and to Jennifer Lofkrantz and Mariana Candido for their comments. 2 On the attack, see “Papers Relative to the Reduction of Lagos” in Accounts and Papers

of the British House of Commons, 54 (London: House of Commons, 1852), 221-442. 3 See dispatch #203, Henry Bruce to Admiralty Office, 3 January 1852, British House of

Lords Sessional Papers (BHLSP) 22 (1852-53), 326-66. A duplicate copy dated 27 April

1852, appears in FO881/465X, The National Archives, Kew (TNA). 4 Pierre Verger, Les Afro-Americans (Dakar: IFAN, 1954); Paul E. Lovejoy and David

Richardson, “Letters of the Old Calabar Slave Trade, 1760-1789,” in Vincent Carretta and

Philip Gould, eds., Genius in Bondage: Literature of the Early Black Atlantic (Lexington:

University Press of Kentucky, 2001), 89-115; Adam Jones and Peter Sebald, eds., African

Family Archive: The Lawsons of Little Popo/Aneho (Togo) 1841-1938 (Oxford: Oxford

University Press, 2005); S. D. Behrendt, A. J. H. Latham, and D. Northrup, eds., The Diary

of Antera Duke, an Eighteenth-Century African Slave Trader (Oxford: Oxford University

Press, 2010); Ana Lucia Araujo, “Dahomey, Portugal and Bahia: King Adandozan and the

Atlantic Slave Trade,” Slavery and Abolition 33 (2012), 1-19, and John K. Thornton,

“Dahomey in the World: Dahomean Rulers and European Demands, 1726-1894,” in

Emmanuel Akyeampong, Robert Bates, Nathan Nunn, and James A. Robinson,

eds., Africa’s Development in Historical Perspective (New York: Cambridge University

Press, 2014), 447-59. 5 For some brief exploration, see Verger, Trade Relations between the Bight of Benin and

Bahia 17th-19th Century (Ibadan: Ibadan University Press, 1976), 400-402, 414; David

Eltis, Economic Growth and the Ending of the Transatlantic Slave Trade (New York:

Oxford University Press, 1987), 261, 395; Kristin Mann, Slavery and the Birth of an African

56 OLATUNJI OJO

City: Lagos, 1760-1900 (Bloomington: Indiana University Press, 2007), 43; Olatunji Ojo,

“The Organization of the Atlantic Slave Trade in Yorubaland, c.1777-c.1856,” International

Journal of African Historical Studies, 48:1 (2008), 83-87 and 91-94. 6 The letters were not mentioned in some of the works on Kosoko, see Saburi Biobaku,

“Prince Kosoko of Lagos,” in Kenneth Dike, ed., Eminent Nigerians of the Nineteenth

Century (Cambridge: Cambridge University Press, 1960), 25-33; Jane D. Matheson,

“Lagoon relations in the era of Kosoko, 1845-1862: a study of African reaction to European

intervention” (Ph.D. thesis, Boston University, 1974); and Gabriel O. Oguntomisin, “New

Forms of Political Organisation in Yorubaland in the Mid-Nineteenth Century: a Compa-

rative Study of Kurunmi”s Ijaye and Kosoko’s Epe” (Ph.D. thesis, University of Ibadan,

1979). 7 For instance, see Letter #6, Je. De Santos Ferraz to Cocioco, 10 July 1849. 8 Percy A. Talbot, The Peoples of Southern Nigeria (London: Frank Cass, 1969 [1926]),

I: 80. 9 Mann, Slavery and the Birth of Lagos, 43-44. 10 John Adams, Remarks on the Country Extending From Cape Palmas to the River

Congo (London: Frank Cass, 1966 [1823]), 96–105, 218–22; Verger, Trade Relations, 183–

90; and Law, “Trade and Politics behind the Slave Coast: the Lagoon Traffic and the Rise

of Lagos, 1500-1800,” Journal of African History 24 (1983), 343-48. 11 Idowu A. Akinjogbin, Dahomey and Its Neighbours, 1708-1818 (Cambridge:

Cambridge University Press, 1967), 185-86 and Edna G. Bay, Wives of the Leopard:

Gender, Politics and Culture in the Kingdom of Dahomey (Charlottesville: Virginian

University Press, 1998), 155. 12 Mann, Slavery and the Birth of Lagos, 37-44. 13 James B. Wood, Historical Notices of Lagos, CA2/096, CMS; See John Losi, History

of Lagos (Lagos: Tikatore Press, 1914), 16-24; Law, “The Dynastic Chronology of Lagos,”

Lagos Notes & Records 2:2 (1968), 46-54 and Law, “The Career of Adele at Lagos and

Badagry, c.1807-c.1837,” Journal of Historical Society of Nigeria 9:2 (1978), 35-59. 14 Samuel Annear, Journal, 12 October 1844, Methodist Missionary Society Archives

(MMSA), London. 15 Annear, journal, 12 October 1844, MMSA, London. 16 See Samuel Crowther, Journal, Februaray-September 1845, CA2/031, CMS; Charles

Gollmer, journal, 21 July–18 August 1845, CA2/059, CMS; Losi, History of Lagos, 24-34

and Ajayi Ajisafe, History of Abeokuta (Bungay: Richard Clay, 1924), 89-90. 17 Crowther, Journal, 18 June and 18 August 1845, CA2/031, CMS. 18 Gollmer, Journal, 18 August 1845, CA2/059, CMS. 19 David Ross, “The Career of Domingo Martinez in the Bight of Benin 1833–64,”

Journal of African History 6 (1965), 79–90 and Verger, Trade Relations, 412–18. 20 Crowther, Journal, 19 June 1846, CA2/031, CMS. 21 On Ajindo, see Jamie Bruce Lockhart and Paul Lovejoy, eds., Hugh Clapperton into

the Interior of Africa: Records of the Second Expedition, 1825-1827 (Leiden: Brill, 2005), 99. 22 Clapperton, Journal, 6 December 1825.


23 Cf. Araujo, “Dahomey, Portugal and Bahia,” 10-11. 24 Araujo, “Dahomey, Portugal and Bahia,” 13. 25 Cristiana Ferreira L. Ximenes, “Joaquim Pereira Marinho: perfil de um contrabandista

de escravos na Bahia, 1828-1887” (MA thesis, Universidade Federal da Bahia, 1998), 72. 26 See Letters #10, #14, #32 and #48. 27 Letter #14 May, [Martinez] to Cocioco, 13 September 1849. 28 Mann, Slavery and Birth of Lagos, 37-44. 29 Crowther, Journal, 7-26 July and 15 August-8 September 1845, CA2/031, CMS. 30 Crowther to Venn, 4 November 1848, CA2/031, CMS. 31 Crowther, Journal, 17 and 18 June 1846, CA2/031, CMS. 32 Townsend, Journal, 25 March 1847, CMS CA2/087. 33 Crowther, quarterly journal ending, 25 June 1848 and journal, 25 March 1849,

CA2/031, CMS. 34 Letter #46, Joaquim Lopes Pereira to Cocioco, 5 November 1850. 35 Letter #48, Martinez to Cocioco, 22 December 1850. 36 On Yoruba slaving laws, see Ojo, “The Atlantic Slave Trade and Local Ethics of

Slavery in Yorubaland,” African Economic History 41 (2013), 75-102. 37 Colin Newbury, The Western Slave Coast and its Rulers (Oxford: Oxford University

Press, 1961), ch. 2 38 Verger, Bahia and the West African Trade (1549-1851) (Ibadan: Institute of African

Studies, 1964), 30-32. 39 Letter #21, Mensam Gumu to Cocioco, 21 December 1849; Losi, History of Lagos, 10

and Edward Akintan, Awful Disclosures on Epetedo Lands (Lagos: Tikatore Press, 1936), 3. 40 Letter #27, Gantois and Marback to Cocioco, 15 October 1849 and 5 February 1850. 41 Letter #28, Desonnais to Cocioco, 16 March 1850. 42 Ubiratan Castro de Araújo, “1846, um ano na rota Bahia-Lagos: negócios, negociantes

e outros parceiros,” in Paul E. Lovejoy, ed., Identifying Enslaved Africans: The “Nigerian”

Hinterland and the African Diaspora (Toronto: Nigerian Hinterland Project, unpublished,

1997), 457. 43 Law, “Royal Monopoly and Private Enterprise in the Atlantic Trade: The Case of

Dahomey,” JAH 18 (1977), 555-77. 44 Letter #47, Domingos Bello to Cocioco, 21 November 1850. 45 Alexandre Vieira Ribeiro, “Conexões mercantis do rei de Onim em meados do século

XIX” in Alexandre Ribeiro and Alexsander De Almeida Gebara , eds., Estudos Africanos:

Múltiplas Abordagens (Niterói: Editora Da Uff, 2013), 419. I thank Mariza Soares for this

source. 46 Beecroft to Palmerston, 26 November 1851, FO 84/892, TNA and A. P. Wilmot to

Palmerston, 13 January 1852, FO 84/893, TNA. 47 Beecroft to Bruce, 27 November 1851 in dispatch #193, Bruce to Admiralty, 29

December 1851. Cf. Accounts and Papers, 54, 306-307.

58 OLATUNJI OJO

48 Clapperton, Journal, December 1825; Lander, Records, II, 242; Henry Townsend to

Trotter, 10 December 1850 and Charles Gollmer to Arthur Fanshawe, 26 March 1851,

HCPP 64, 221 (1852). 49 Crowther, Journal, 19 and 25 December 1850, 22 January and 8 March 1851,

CA2/031, CMS and Charles Gollmer to Henry Venn, 3 January 1851 in Venn to

Palmerston, 27 March 1851, HCPP 54, 1455 (1852), 313. 50 James B. Wood, “Historical Notices of Lagos,” CA2/096, CMS. Cf. Wale

Oyemakinde, An Introduction to Church Missionary Society Manuscripts (Ibadan: Sunlight

Syndicate, 2001), 153. 51 A. F. Evans and William Smith, “Abstract of Proceedings Under the British and

Brazilian Mixed Commision at Sierra Leone, 1829-1830,” encl. in #38, Evans and Williams

to Aberdeen, 5 January 1830.

Colonies and Slaves Relating to Colonies, volume 9 (June-October 1831). 52 Letter #1, Joaquim d”Almeida to Cocioco, 17 April 1848. 53 Robin Law, Ouidah: The Social History of a West African Slaving ‘Port’ 1727–1892

(Athens: Ohio University Press, 2004), 157-58. 54 See letter #39. 55 enc. 3 in desp. #141, Captain Adams to Arthur Fanshawe, 24 March 1851, PP 64

(1852), 221. 56 A trader claimed the agents had indeed bought the vessel. See letter #4, Godinho to

Cocioco, 3 April 1849. Eduardo Gantois was a Belgian while Henry S. Marback was born in

Liverpool in 1788. He settled in Cachoeira then Salvador, Brazil and later married Augusta da

Silva. Their son, Samuel Augustus Marback owned the first major soap factory in Salvador. 57 Letter #1, Manuel d’Almeida to Cocioco, 17 April 1848. Born in 1791, d'Almeida

traded with West Africa first as a sailor and later as a merchant. He might be the captain of

Ave Maria (vide. 3870) which embarked slaves in the Bight of Benin in 1844. Kosoko’s

schooner might have been seized by the British navy as he complained about losses due to

the anti-slavery patrol. See Letter #5, Kosoko to Francisco Godinho, 27 April 1849. The

schooner could be the Teodora (a) Teodosia (voyage id. 3616), an 86-ton schooner whose

cargo of 20 slaves were freed by the Sierra Leone slave court in September 1847. If so, the

ship must have been released shortly after which it bought slaves and returned to Brazil.

However, the database listed the owner as Joaquim Marinho. 58 See letter #2, Manuel d’Almeida to Cocioco, 16 July 1848. 59 Law, Ouidah, 170. 60 Letter #35, Godinho to Cocioco, 13 July 1850. 61 Letter #5, Kosoko to Francisco Godinho, 27 April 1849. Vessels leaving Lagos and

seized by the British around this period included the Miquelina; a brig, Pensamento (voyage

id. 3683), owned by Godinho, under Capt J. P. A. Vianna left Lagos on 14 June 1848 with

538 slaves and seized on June 28; and a schooner, Quantro Andorinha (voyage id. 3760)

under Capt M. V. da Cunha which left Lagos with 388 slaves on 5 November 1848 and

seized on 28 Nov. 62 Samuel Crowther, journal, 25 December 1850, CA2/031, CMS.


63 Letter #25, Lire to Cocioco, 1 February 1850. 64 Marinho to Cocioco 29 August 1850 in Letter 42, Marinho to Cocioco, 9 Sept. 1850. 65 Letter #5, Cocioco to Godinho, 27 April 1849. 66 Letter #18, King (Cocioco) to Bello, 14 November 1849 and Letter #27, Gantois and

Marback to Cocioco, 5 February 1850. 67 See correspondence between the CMS and British officials between February and July

1852 in Accounts and Records of British House of Commons, vol. 54, 68 Letter #7, J. Y [sic] De Couto to Cocioco, 10 July 1849. 69 Letter #44, Avoce to Cocioco, 21 September 1850. 70 Letter #5, Cocioco to Godinho, 27 April 1849. 71 Letter #28, Dessonnais to Cocioco, 16 March 1850. 72 Letter #46, Pereira to Cocioco, 5 November 1850. 73 George Brooks, Jr., "The Signares of Saint-Louis and Gorée: Women Entrepreneurs in

Eighteenth-Century Senegal," in Nancy Hafkin and Edna Bay, eds., Women in Africa:

Studies in Social and Economic Change (Stanford: Stanford University Press, 1976),

Brooks, "A Nhara of the Guinea-Bissau Region: Mãe Aurélia Correia," in Claire Robertson

and Martin Klein, eds., Women and Slavery in Africa (Portsmouth: Heinemann, 1997), 295-

319; Douglas Wheeler, "Angolan Woman of Means: D. Ana Joaquina dos Santos e Silva,

Mid-Nineteenth Century Luso-African Merchant-Capitalist of Luanda," Santa Barbara

Portuguese Studies 3 (1996), 284-97; and Adam Jones, "Female Slave-Owners on the Gold

Coast: Just a Matter of Money," in Stephan Palmié, ed., Slave Cultures and Cultures of

Slavery (Knoxville: University of Tennessee Press, 1995), 100-111. 74 See Richard M. Jackson, Journal of a Residence in Bonny River on board the ship

Kingston from Liverpool (Letchworth: Garden City Press, 1934), 152; Hugh Crow, Memoirs

of the Late Captain Hugh Crow (London: Longman, Rees, 1830), 235-37 and Ajisafe, The

Laws and Customs of the Yoruba People (Abeokuta: Fola Bookshop, 1924), 54. 75 Letter #41, Desonnais to Cocioco, 28 August 1850. 76 Letter #41, Desonnais to Cocioco, 28 August 1850. 77 Robin Law, ed., Dahomey and the Ending of the Trans-Atlantic Slave Trade: The

Journals and Correspondence of Vice-Consul Louis Fraser 1851-1852 (Oxford: Oxford

University Press, 2012), 42. 78 Ojo, “Èmú (Àmúyá): The Yoruba Institution of Panyarring or Seizure for Debt,”

African Economic History 35 (2007), 31-62 and Gwyn Campbell and Alessando Stanziani,

eds., Debt and Slavery in the Mediterranean and Atlantic Worlds (London: Pickering &

Chatto Ltd., 2012). 79 Letter #19, Colonial to Cocioco, 10 December 1849. 80 On Marinho’s career, see Lyrio Ximenes, “Joaquim Pereira Marinho.” 81 Letter #32, Mey to Cocioco, 24 May 1850. Consul Frederick Forbes confirms

Martinez’s arrival in Abomey on 1 June 1850. Cf. Forbes, Dahomey and the Dahomans:

Being the Journals of Two Missions to the King of Dahomey, and Residence at His Capital,

in the Year 1849 and 1850 (London: Frank Cass, [1851] 1966), II, 58. 82 Letter #48, Martinez to Cocioco, 22 December 1850.

60 DOCUMENT 2

AP

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LETTERS FOUND IN THE HOUSE OF KOSOKO 61

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62 DOCUMENT 2 – PORTUGUESE LETTERS



Portuguese Letters

–––––– 1 ––––––

Senhor de Almeida ao Rei Kosoko

Snr. Rey Cocioco Bahia, 17 de Abril de 1848.

RECEBI os cinco fardos vindos no Andorinha, licão vendidos, a conta

de venda delles, dos cinco que me mandon no Faluso Calunia, e despesas

com seu Palhahote de ps. que daqui sahio em 20 de Maio do anno passado

em Serra Leõa pa. la ser safo, e de ps. q. aqui chegou em Outo. de mmo.

anno, lhe ei de mandar pr. uma embarcacao que esta carregaudo para essa

que a de salir no fim do presente mez, e veja que isto vai mto. demerado qto.

a remessa de fardos pa. meu pagamento, e pa. de novo costeiar o mmo.

Palhabote, & sou. & e.

MANOEL JOAQM. DE ALMEIDA.

CONTA de Venda, e Liquido rendimento de cinco volumes que recebi por

couta arisco do Rey Cocioco de Onim vindos no falucio “Calumnia”,

recolhidos em 16 de Janeiro no depozito deste Cidade: a saber:

1848 Janro 19. 2 volumes H. Vendido pr 800$000

Janro 1 “ M velho “ 210$000

“ 1 “ H “ “ 350$000

Março 3 1 “ H morreo _________

5 1,300$000 [sic] 1,360$000)

Despesas Frete decembarque, beneficio no panto, capas, estada no ponop,

conforme a cont que me prezentario 707$400

Conducao pa, acidade a 2$000 10$000

Estada namesma a 4$000 20$000

Beneficio na da. Conforme a conta por extenco abaixo 10$240

Enterro do volume que morreo 2$000

Modico, medicamentos, &c 22$500

Commissio sobre Rs1,360$000 a 5 pre cento 68$000

840$140

Liquido Rendimento 519$860

Salvo erro e commissoens

LETTERS FOUND IN THE HOUSE OF KOSOKO – ENGLISH TRANSLATION 63



English Translations

–––––– 1 ––––––

King Cocioco, 17 April 1848

I have received the five bales sent by the “Andorinha”;1 they were sold.

I will send to you by a vessel which is loading for you, and which is to sail at

the end of this month, the account sales of the same, of the five which you

sent me by the felucca “Calunia”,2 and the charges of your schooner when

she sailed from here on the 20th of May last year for Sierra Leone, in order

to be cleared there, and when she returned here in October last. I intend to

send it through a vessel which will sail by the end of the month. I would call

your attention to the great delay made in the remittance of bales for my

payment, and for any new voyage of the said schooner.

I am yours, &c.

(signed) Manoel Joaquim d’Almeida3

(Enclosure)

Bahia, 3 March 1848

Account sales and net profit of five packages which I received from King

Cocioco of Onim [Lagos], shipped on board the felucca “Calumnia”, received

on the 16th January, in the depot in this city—that is to say:

1848 January 19 2 packages sold for 800$000

January 1 “ sold “ 210$000

“ 1 “ “ “ 350$000

March 1 “ died _________

5 1,360$000

Expenses

Freight, landing, port tax, clothing, housing,

according to the account presented to me 707$000

Conveyance to the city at 2$000 10$000

Stay there at 4$000 20$000

Gratuity there according to the full account given below 10$240

Burial of the package which died 2$000

Medical man, medicines, &c 22$500

Commission upon 1,360$000 at 5% 68$000

840$140

Net profit 519$890

No errors


Beneficio na Cidade

1848 Janro 16 Beneficio de 5 volumes deade 16 inclusive á 19 de Janeiro

de 1848 sao 4 dias a 160 rs cada hum por dis 3$200

Janeiro 19 “ 4

1 do. de 19th Janro, a 3 de Março sao 44 dias 7$040

Mar 3 “ 1 Rs 10$240

0

–––––– 2 ––––––

Senhor de Almeida ao Rey Cocioco Snr. Rey Cocioco Ba., 16 de Julho de 1848.

A QUATRO de corrente, recebi sua carta de 2 de Junho, e vejo que

Vmee, nau esta satisfeieto inda emmangar cominigo, nao me quereralo de

prompto pagar como e seu dever, o que me deve: Tenho a dizer lhe que se

da data desta ao cecenta dias eu nao for aqui satisfeieto e o mesmo tempo

mandar quem tome conta do Palhabote despois de ue pago de tudo qto. me

deve, lancarei mao do Palhabote para me pagar. Vi que Vmce mandava

fardos no Mequelina e que nao era para me serein emtregues. Vijo que no

Segunda Andorinha Vmce, mandava fardos nao menos de vinte; e que nao

erao taobein para mim, e que no pro, Andorinha as que mandou nao forao

tambem para mim & hera a que faltava carregar o barco a frette, e mandallo

para dos fretes meir pagando, basta de tanto mangar eso fretto. Quis Deos

que o Palhabote para aqui viene para me segurar; sabe que so tenho recebido

dos fardos tuins, ed es tes morreu um ca, em terra, o que produzirao sabe

p.que ja he que lhe mandei as contas por 1a c 2a via, & sou, &c.

M. J. DE ALMDA.

–––––– 3 ––––––

Senhor Sorion ao Rey Cocioco Illmo. Senr. Rey. Bahia, 20 de Março de 1849.

SAUDE Ihe dirijo e Felicides. Participo a Vm. que nesta ocasino escrevo

ao Illo. Sr. Audr. Pinto pa. se catender com Vm. sobre mandar ordem pa. se

me pagar o meu travalho, pois que tenho eserevido a Vm. en meneas cartas sin

Vm. me ndo, pagar nem menos responder e sin espero q. me acho mto. duente

com a molestia que dahi trouse sin poder ganhar hum vintem e sino procura-se

sertamt. ma encomodore, e mto. Vm. e. Vm. sabe que quem travelha quer ser

pago, Vm. en. von save o risco a que me sugetei e sem nao face pesson

nenhuma le erio, e virme doente e serme pagar o meu travalho, perro espero

Vm. logo q. este receber me mandar enbolsar, e sou, &c.

DOMINGOS MARIA EM SORION


Gratuities in the city

1848, 16 January Gratuities of 5 packages from the 16th to the 19th Janu-

ary inclusive being 4 days at Rs160 each per day 3$200

19 January 4

1 ditto from 19th Jan to 3rd March being 44 days 7$040

3 March 1 Rs 10$240

0

–––––– 2 ––––––

King Cocioco Bahia, 16 July 1848

On the 4th instant I received your letter of the 2nd June,4 and I see that

you are not satisfied, although you have not fulfill your obligation to me by

not quickly paying what you owe me, as you ought to do. I am warning you

that if within sixty days I have not been paid what you owe me and also send

someone to settle the accounts for the ship, I will confiscate the schooner to

pay myself. I have seen that you sent bales by the “Mequelina,”5 and that

they were not to be delivered to me. I saw that in the “Segunda Andorinha”6

you sent not less than twenty bales, and that they were also not for me, and

that in the next “Andorinha”7 those which you sent were also not for me. It

would have been right to load the vessel on freight, and to send it by two

freights paying me; in the meantime, the failure of this freight is sufficient.

Let God make the schooner come here and I shall seize her. You know that I

only received two bad bales one of which died after disembarkation here.

Yours,

Manoel Joaquim d’Almeida

–––––– 3 ––––––

Illustrious King Bahia, 20 March 1849

I wish you health and happiness. I have to inform you that by this

opportunity I have written to Senhor Andr[e] Pinto8 to come to an

understanding with you about giving an order that I may be paid for my

work, since I have written to you several letters without you paying me or

even answering me.

I am here suffering from the sickness I contacted in Lagos and am not

able to gain a penny; and if I do not get paid, I shall certainly be in a bad

condition; and you very well know that he who works must be paid for his

work, and you know also the risk I run –no person cares to see my suffering

and to pay me for my work; but I hope that on the receipt of this you will

cause me to be paid.

I am &c. Domingos Maria em Sorion


–––––– 4 ––––––

Senhor Godinho ao Rey Cocioco

Snr. Rey Cocioco Bahia, 3 de Abril de 1849.

ACABA de vir a meu poder o vosso favor de 21 de Fevereiro, o qe.

mandei aprezentar aos Sures. Gantois & Marbak, e elles respouderao que

nao podiao faser entrega do dinheiro, porque ja tinhao comprado huma

Embarcacao Sarda por vossa conta e ordem: a vista do que nao posso dar

andamto. as remessas de que me encarregais. dizem Igualmte. que os papeis

de Manoel Joaqm. ja forao remettidas. Vossos filhos continuao em sua

instrucao, e talvez que no fim d’este anno figuem promptos, do que vos farei

avizo para vos ordenares o seu destino.

Desejo, &c.

FRANCO. JE. GODINHO.

–––––– 5 ––––––

Rey Cocioco ao Senhor Godinho.

Senr. Franco. Je. Godinho.

Amo. P. Onim, 27 de Abril de 1849.

NESTA Falaxo Rozitha carrego de ma. eta. quarto captos. dos qes.

desejo q. tome conta, o desponba como for conveniente: e o resultado

empregara Vm. nas mas. encommendas antigas; (as qes. ainda nao forao

satisfeitas pr. falta de fundos mios) bem entendido, depois qe. feito dessa

qtia. pr. os Inglezes faserem diversus presas, nas qes. tenho entrado com o

meo contingente, como vera das mas. cartas antecedes.

No ponto existem tres captos. de ma. cta. os qes. weguiao no Pardal,

prem. como forao, digo como foi o Pardal prisiono. ficao pa. seguir na o q.

acima digo, e me remettera o resultado das quarto em oiro, prem. no caso

contrario ficara em vigor o q. acima digo respvo. aos quarto, remetendo-me

nesse caso o risultado dos tres.

Saude, &c.

REI COCIOCO.

Fico entregue da sua carta pr. Pardal, e inteirado de q. diz.


–––––– 4 ––––––

King Cocioco Bahia, 3 April 1849

I have just received your favor of the 21st February, and have sent to

present it to Messrs. Gantois and Marback:9 they replied that they could not

pay me the money, because they had already purchased a Sardinian vessel

for your account and order;10

in consequence I am unable to give effect to

the commissions with which you charge me. They also say that the papers of

Manoel Joaquim have been already sent. Your sons are continuing their

education; and perhaps they may be ready at the close of the present year, of

which I shall advise you, that you may give directions as to their future

plans.

I wish you, &c.

(Signed) Francisco Jose. Godinho

–––––– 5 ––––––

Senhor Franco Je. Godinho Onim, 27 April 1849

My dear Friend,

I have embarked on the felucca “Rozitha” on my own account, four

captives, which I wish you to take account of and to dispose of as

convenient, and you will employ the produce in executing the commissions

formerly sent, which have not yet been executed, from want of funds

belonging to me, of course after paying yourself what remained due to you.

Observe that this account has not yet been settled, because the English have

made several captures, in which I have had my share, as you will see by

former letters.

There are at the point three captives on my account; they would have

followed in the “Pardal” but as that vessel was captured they remain to be

sent by the schooner which is expected; in case they should reach you first

you will do with the produce what I said above, and remit to me in gold the

produce of the four; but, in the contrary case, what I have said above

respecting the four; is to remain as I said, you remitting to me in such case

the produce of the three.

Health, &c

(Signed) King Cocioco

I have received your letter by the “Pardal” and understood what you say.


–––––– 6 ––––––

Senhor Ferriera ao Rey Cocioco Illmoe. Rey Amo. Cocioco Ba., 21 de Maio, 1849.

COMO amto. nao tenho noticias suas e qe. von com esta saudar-Ihe pa.

qe. ja cansei de lhe escriver lhe a Vmce. nada de me dar resposta pa. asim e

qe. se pago aos bons amos, como eu fui pa. com Vm, : e Vmce. bem o sabe o

qto. eu lhe estimij no tempo em qe. todos o aborreciao e Vmce. comigoe

com qr. se achava e lembre se bem.

Porem agora como esta rico e mto. grd. de nada se lembra e de nada fas

caza en tanto qe. lhe tenho Vmce. me mda. as duas escravas qe. me deve, e

responderme em huma carta qe. nāo mandava pr. qe os escravos estavāo

muito caros esta nāo é se hum Rey tam rico com Vmce. enpen so lhe agora

qe. e favor as duas escravas qe. Vmce. me deve entregue ao par. desta qe. o

Barbro. o. Navallo pr. neste lhe dera melhor daqe. eu lhe participo lembrose

do seu bem futur qe. fin eu lembrese dos tempos passados pr. se Vmce. se

lembrase Vmce.seria mais pronto pa. com seu amo. velho; em fim eu espero

na seu bondade dez lherozo Pt. lhe do mtos. as. servida. pr. e qe. lhe diza. o

seu amo, velho.11

JE. DE SANTOS FERRA.

Nao so esqueca da q. lhe rozo pr. a O, Navallo lhe a de lembrar.

–––––– 7 ––––––

Senhor de Couto ao Rey Cocioco

Snr. Rey Cocioco Bahia, 10 de Julho, 1849. NESTA polaca Italia remeto a Vmce. as espingardas que ahi me deu pa.

consertar, os quais nao puderao aqui dezembarcar, por isso que as torno

arremeter no mesmo navio em qe vierao, por qe. querendo eu dezembarcalas

pa. as concertar fui impedido plos. guardas do Rey, que nao deixarao ellas

vir pa. terra.

Dezejo qe. goze Saude,

E. sou, &c.

J. Y. DO COUTO


–––––– 6 ––––––

Illustrious King Cocioco Bahia, 21 May 1849

I have no news of you, and I greet you with this because I am tired of

writing to you and receiving no answer. It is thus that you treat your good

friends, as I was to you; for you know very well how much I esteemed you

at a time when all detested you, and those who were with you; you

remember well.

But now you are rich and very great, you remember nothing and care for

nothing; and when I ask you to send me the two female slaves you owe me,

you answer me in a letter that you would not send them, that slaves were

very expensive; this is not the case; and if a king so rich as you are. I want

you to send the two slaves as soon as possible. You should not forget how

generous I was to you in the past so you should pay more attention to your

“old friend.”12

Jose De Santos Ferreira

–––––– 7 ––––––


I return to you on board the polacca “Italia”, the muskets which you

gave me to get repaired here, and which could not be landed. I therefore

return them by the same vessel which brought them, because when I wanted

to land them to get them repaired, I was hindered by the custom house

guards, who would not let them come on shore.

Cheers

Yours, J[ose] Y[sic] de Couto13


–––––– 8 ––––––

Senhor Godinho ao Rey Cocioco Sr. Rey cocioco Bahia, 18 de Julho de 1849.

RECEBY vossas favores de 17 de Abril e 25 de Mayo. O primro, he

relativo ao que vos deve Gantois & Marbak a quem pesso almme. apresentei

a pedir lhe o dinro. qe. vos deve, para occorrer as incomendas de vosso

pedido, e elles me responderao q. estavāo fasendo huma embarcacao para

vos, e que o dino, nao chegava; a vista disto perdidas estāo as esperancas

para aquelle lado, e pouco produzindo os fardos vindos pelo Uniāo e

Segredo, nao sei de q. modo possa satisfaser todo o vesso pedido, e pr. isso

espero me digaes o qe. precizaes de ms. prompto pa. remetter primr.,

regulando q. tendo ficado hum fardo no már, os oito que vierao dos quaes

ainda tem quarto em ser, nao salvarao liquidos mais de 180 a 200$000, cada

hum, tendo a deduzir se d’ahi a saldo de vasso debito, e a preciza quantia

para educacāo de vossos filhos que mto. se estao adiantando. Espero vossa

resposta e sou, &c.


–––––– 9 ––––––

Senhor Godinho ao Rey Cocioco Sr. Rey Cocioco Bahia, 14 d’Agosto, 1849.

LEVO a vossa prezenca duplicata da ma. altima deps. da ql. veio a meo

poder vossos favores de 23 de Junho e 10 do mez passado capeando o

conliecimto. de ms. 4 f. dos quaes ainda 2 em ser. e 3 da primeira remessa

pa. serem velhos ms. isso e sorte ma. pr. q. ao Ganteis em tempo e agora ao

Bello mandasteis vos boa fazenda. e pr. isso elles podem dar milhor C. do q.

eu; logo q. os possa vender mandarei a C. e o saldo em Oncas. q. houver a

vosso fr., e nu primeira occaza remetterei as 2 pa. de Cabo de vosso pedido.

Nao sei ql.e a embarcacao q. o Gantois pretende mandar vos e pr. isso

nao sera precizo vir o Moco em q. fallaes, e qto. aos vossos filhos podem ir

em barco de negocio lieito qdo. vos determinardes, parecendo melhor ms.

algo.demora pa. q. fiquem mr. instruidos.

Ainda nao vi os panos q. julgo estarem n’Alfa. ms. desde já vos rendo

meos agradecimtos, pela lembranca. Fico n’esta vossa ordem.

Em 13 de Seto.

Depois da minha ultima de que vos offereco copia, receby o vosso fr. de

22 de Junho a que respondo. Fallei outra vez com o Gantois, e elle me disse

que tinha mandado faser hum Barco de vossa conta, ms. ignoro aonde, e pr.


–––––– 8 ––––––


I have received your letters of the 17th April and 25

th May. The first

relates to what is due to you by Gantois and Marbak, to whom I went

immediately to ask for the money which they owe you, in order to execute

your commissions; they answered me that they were building a vessel for you,

and that the money was not to be had. Upon this all hopes were lost from that

quarter, and the bales which arrived by the “União” and “Segredo”14

not

producing much, I do not know how all you want can be obtained; I therefore

wish you tell me what you want to be sent most urgently, remembering that

one bale remaining at sea, the eight which are arrived, four of which are yet on

hand, will not afford a net profit of more than 180 to 200$000 each, from

which we must deduct the payment of your debt, and the money required for

the education of your sons, who are getting on very rapidly.

I expect your reply, yours, &c.

F. J. Godinho

–––––– 9 ––––––

King Cocioco Bahia, 14 August 1849

I send to you a duplicate of my last, since which I have received yours

of the 23rd

June and the 10th

ultimo, inclosing the bill of lading of four bales,

two of which are still on hand, and three of the first last sent, but being old,

they are a poor lot,15

while those you sent to Gantois and now to Bello are a

good concern, and therefore they can give you a better price than I can do.

As soon as I can sell them I will send you the account and the payment in

[gold] ounces, of the amount in your favor, and by the first opportunity I will

send you the 2 pairs of Cabo which you have requested.16

I do not know what vessel it is which Gantois says he will send you, and

it will not therefore be necessary that the man you speak of should come;

and in respect to your sons they may go in a vessel of lawful trade when you

make up your mind, as it appears more advisable that they should remain

longer to be better instructed.

I have not yet seen the cloths, which I suppose are in the custom-house,

but I return you my thanks by anticipation for remembering me. I remain

here at your orders.

13 September

Since my last, a copy of which I forward. I have received your favor of the

22nd

June, to which I now reply. I spoke with Gantois again, and he told me

that he had given orders to build a vessel on your account, but I do not know


isso me parece desnecessario q. vos tenhaes d’aqui mandar ninguem antes de

ter certeza de estar prompto. Os dose fardos q. vos mandastes pelo Bom

Destino e Igualde. estāo vendidos, e pelo primro. Barco a seguir a essa

remetterei a conta. e o producto em oncas conforme vossa ordem, se antes

nao puder comprar o Tanoeiro, e entao hirāo tambem as obreias, e a soluçāo

do Gantois a respeito dos papeis em que fallaes. Eu vos agradeço o mimo

dos panos q. receby; ms. tenho a notar que dizendo serem de cama, hum he

de rebuco, e pequeno por isso desconfio que o capm. que os trouxe os

trocou; se elle ainda ahifor eu vos avizarei pa. com elle vos entenderdes.

He o que por agora se offerece a dizervos, e sou, &c.


–––––– 10 ––––––

Senhor Mey ao Rey Cocioco Snr. Rey Cocioco.

Amo. Porto Novo, 24 de Agosto 1849.

COMO segue para essa esta Sumaca nao quero deixar de procurar saber

de sua saude. Anciozo espero por resposta de Vm. para faser seguir ahi o

Brigue com as fasendas, Busio, e o ms. que falta do que lhe mandei proper

pa. os 200 captivos caso m’os queira vender. Se de mais alguma couza Vm.

necessitar, aqui me achare prompto as suas ordens pr. ser.

Seo Ao. e Sr.

D. JE. MEY.

N.B. ---Nao mando a ma. jente no dia 25 para o Bexe pr. inda nao ter

resposta sua; o que espero seo aviso para mandar a minha jente receber no

Bexe os referidos 200 captivos.

MEY.

–––––– 11 ––––––

Senhor Locofun ao Rey Cocioco Illmo. Senhor Mui Imao.

ESTIMO que tenha saude como V. Sa. mandar dizer que esprace para

mandar seu favor armi Cenpra eu estavapar esco mas agora me o Senhor

quir me vender en agora como tenho este portador mando Ihe derem para si

nāo esso de mandar pella nave que vier mas breve para a Bahia eu pidi a mu

Senhor para esperar mas 4 mezes ente mu fma. nu mandar busçar eu esto

que muo Imāo ma na fantarem o que me promito aquin esto a sua disposicia.

Bahia,8 de Setembro de 1849. Suo Imao escravo,

17 LOCOFUN.


where, and therefore it appears to me unnecessary that you should send any

one here before being assured that it will be ready. The twelve bales which

you sent by the “Bom Destino” and the “Igualdade” were sold, and by the

first vessel which follows, I will send you the account, and the produce in

ounces, according to your order, unless the Cooper can be first purchased,

and in the meantime the wafers shall also be sent, and the explanation of

Gatois in relation to the papers you spoke to me about. I thank you for the

cloths, which I have received; but I have to observe that though called bed-

clothes, one is only a wrapper, and a small one. I suspect that the captain

who brought them has changed them: if he be still there I will let you know,

that you may come to an understanding with him about it.

This is what I had to communicate, and &c.

(Signed) F. Je. Godinho

–––––– 10 ––––––

To King Cocioco

My Friend, Porto Novo, 24 August 1849

As this smack is proceeding to you, I will not lose the opportunity of

inquiring after your health. I am anxiously expecting an answer from you

that I may send on the brig with the goods, cowries, and the other things you

needed to complete what I offered you for the 200 captives, in case you

would sell them to me. If you want anything else you will find me here

ready to do your commands as I am &c.

Your friend

(Signed) D. Je Mey [Domingo Martinez]

N.B.—I did not send my people to Bexe [Ibese] on the 25th, because I have

not received your answer. I am waiting for the advices from you to send my

people to receive in Bexe the said 200 captives.

–––––– 11 ––––––

Senhor Locofun to King Cocioco Bahia, 8 September 1849

Illustrious Sir, my Brother

I hope you are well. You have promised to send me yours but I have not

received it by the ship which comes next to Bahia. Please I want you to wait

four months; I am sure my brother will not fail in what he has promised me.

I am here at your disposal.

Your servant and brother

(Signed) Locofun


–––––– 12 ––––––

Senhor Bello ao Rey Cocioco

Snr. Rey Cocioco.

Amo. Sr. Bahia, 11 de Setbro, de 1849. POR duplicado lhe escrevi em 23 do passdo. depoiz do que chegou a

meo poder seo prezado favor de 22 Julho de que fico ciente. Aqui tem conta

de venda de seus 10 fardos pelo Rozita, no valor de Rs.2,222$000 que

vendo. a 8 mezes de prazo, tera de sofrer o desconto se antes dispozer desta

quantin. Estes negocios aqui nao vao bem, e pr. isso repeto qe. se tiver de

me continuar suas remessas, seja com faza, de pronta venda, pois que a

ordinra. mal se pode reputar, mesmo ainda franquiando-a com longo prazo.

Sem motivo para maiz me assigno seo.

Amo. vo. c Cr.

DOMINGOS GOMES BELLO


–––––– 12 ––––––

King Cocioco

Friend and Sir, Bahia, 11 September 1849

I wrote to you in duplicate on the 23rd

ultimo, after which your letter of the

22nd

July came to hand, of which I am cognizant. I forward to you the sales

account of your ten bales by the Rozita, in value Rs 2,222$000, which, being

sold at eight months’ credit, must suffer a discount if you wish to dispose of

the amount before that time. Business is not going well here, and for this

reason I ask you again that if you want to send me some new shipments they

should be made up of goods that can be quickly sold, for any ordinary one

cannot be sold easily even when long term credit is given.18

Having nothing

further to write,

Your friend,

(Signed) Domingos Gomes Bello

(Enclosure)

Account sales and net produce of 10 bales, con(signed) to me by King

Cocioco, in the felucca “Rozita,” which arrived on the 4th

of August last:

namely

P.C.

2 bales to Domingo Americo, at 8 months 410$000 820$000

2 ditto to Je. Berdo. Moura Guerra ditto 400$000 800$000

1 ditto to Jose Pinto Dias ditto 450$000

5 ditto to Manoel Jose Lopes ditto 37$0000 1,850$000

3,920$000

Expenses Freight landing and expenses at the Point at 1,418$000

Conveyance to the city 20$000

Warehouse 40$000

Gratuity 24$000

Commission at 5 per cent 196$000

1,698$000

Balance 2,222$000


–––––– 13 ––––––

Senhor Cardoso ao Rey Cocioco

Snr. Rey Cosioco.

Amo. Sur. Bahia, 15 de Setembro de 1849. COMO ha tempo tenece o prazer de reciber huma carta de Vmce, o cual

respondi ao que Vmce. eszejio saver como Vmce. ficace no silencio nao sei

si seria pr. nao le combir aranjar a tais armos em que mi falava; ora como

Vm. me tenece ditto na sua que as tais canos das espingardas venhao pello

navio que trouce a detta carta como eu procurace reciber pa. dar comprimto,

as suas ordens foi me respondedo que tais armas Vm. nao tenho embarcado

a visto desto dezejava saver cual foi o rizultado deste negocio no cazo de

Vm. nao querer mandar aprontalas que seria melhor mandar Aranjallos

embora qe. fiquem cazas mas fico Vm. com armameato qe. he melhor que

pecos pa. canoas pois sao armas de perpozito feitos pr. navio de guerra;

emfim faco o que milhor emtender nao querendo mandar Aranjallos mande

o seu importe que eu me dou pr. soplirfeito q. mande hum Muleque pr. elles

atendo qe. Vm. esto mio, reco nao preciza de ficar com estos frioleiros, pois

eu estou serto que se Vm. ainda nao mandou pagar he pr. esquecimto. o que

agora le lembro. Sem mais a qui fea ao seu dispor qe. he, &c.

JM. JE. TEIXRA. CARDO.

–––––– 14 ––––––

Senhor Mey ao Rey Cocioco

Sr. Rey Cococo, Porto Novo, 19 7o.19

1849 AO Pelo Sr. Nobre q. aqui se acha vindo venderme o carregando a

Barca, tenho sabido da sua saude. o mesmo tempo emformado pela mesmo

Sr. Nobre q. inda vocer he meo amigo, pro eses tenho adizer-lhe q. mto.

precizo se fais q. Vocer mande hum moseo seo de comfianca, ps. q. tenho

mto. q. le fazer ver, e bem de q. tudo se conelae a nosco desejo. Bem como

tambem cada hum dos seos Cabeceiras deve mandar portador a toda preca

pa. Vocer a despaixar com os seos moscos, pa. seo emtereces seos e meos, q.

agora conhecera. Vocer se eu sou seo algum de mandar seo mosco fiel.

juntamte. os do Cabeciero q. le dou ma. palavra q. nada hia de suceder, e sim

Vocer agora c--------------20

se eu sou seo amigo, ps. os asmigos se conhece

na ocaziao mais preciza. Eu tenho despaixado nestes 4 Mezes 4 Navios

meos com captives, e a 6 dias despaixei outro Navio meo pa. o Rio de Jro.


–––––– 13 ––––––

King Cocioco

My Friend Bahia, 15 September 1849

Sometime ago when I had the pleasure to receive a letter from you I

replied by telling you what you wished to know, but since you have

remained silent I do not know if you still want to have those arms repaired

which you mentioned. Now you told me in your letter, that those gun-barrels

would come by the ship which brought the letter; but when I tried to get

them to execute your commission, the reply I received was that you had not

shipped the said arms. In consequence of this I wish to know the result of

this affair, and if you would not like to send and have them got ready; it

would be better to mend them in case they should be broken, and you would

have arms better than canoe-guns as these were made expressly for ships of

war.21

However, though as you think best, if you do not wish to order them

to be mended, send your orders and I shall be satisfied; send a slave lad for

them as you are very rich you should not be satisfied with trifling things for I

am sure that if you have not yet ordered them to be paid, it is from

forgetfulness and now I remind you.

I have no more to say,

Joquim Jose Teixera Cardoso.

–––––– 14 ––––––

King Cocioco

My friend Porto Novo, 19 September 1849

Through Senhor Nobre22

who has come to sell me the cargo of his boat I

have heard of your health; and the same Senhor Nobre has informed me, at

the same time, you are still my friend, and therefore I have to tell you that it

is very necessary that you send some youth in your confidence as I have a

good deal to say to you, and it is well to conclude everything as we wish.

You and your headmen should send a young man here as soon as possible

that you may know what I have to propose. I therefore send the bearer, at all

events to conclude with your young men because it is to your interest and

mine that should know now that I am your friend; therefore do not detain the

bearer because I am waiting; and do not be afraid your faithful young man

together with those of the headmen for I give you my word that nothing shall

happen and you shall know I am your friend, for friends are known by been

found when wanted. Within these four months I have dispatched my four

ships with captives and six days ago I sent another vessel of mine to Rio de

Janeiro.


Fico com 3 Navios neste porto a carregamento, e pertendo despois q.

venha o seo mosco dar huma chegada athe esta franquia d’Onim pa. entao

comfirmarmos tudo dereitamente, so le digo q. vocer emdependente dos

brancos se retirarem, nunca estes Povo d’Onim deixara de ter Navio meo.

Nada ms. le digo e so le afirmo q. nao tenha medo de mandar seos

moscos com os do Cabeceiros sem demora.

Seo Ao, e Sr.

D. JE. MEY.

–––––– 15 ––––––


Snr. Rey Cocioco.

Amo. Sr. Bahia, 15 de Outubro, de 1849.

POR duplicado lhe escrevi em 20 do passado, depois tenho vendido

de s, c. hum fardo pr. 415$rs., onze a 365$000, sete a 350$000, e hum pr.

mal acondicionado fiea em ser, e a meo cuidado para concluir a venda, qui

for em direitura pa, esse porto.

De novo lhe pesso me nao consigne fazenda ordinra. que muito

custa a vender-se mesmo que se queira vender pr. precos mizeraveiz.

Emseguimto. direi o qe. maiz ocorrer como seo.

Estamos em 8 de Novo. de 1849.

Confirmo-lhe ma. de 15 de Outbro. e acuzo recebido o seo favor de 20

de Sethro. com o Co. de 12 Volumes q. pr. s. c. me consignou pelo Faluxa

Rozita, aqui entrado em 29 do passado, e entregando fao somte, nove logo

vendi a 370$000, e 3 com prencipio de avaria fieao em ser o q. mto. sinto ter

de lhe participar. Aquelles qe. pr. fortuna aqui possuem bens officiaes de

Carpina, e de Tanoeiro nao os sendem pr. forma alguma, e assim nao

poderei preencher os seuz dezejos. Sem outro motivo pr. agora me repeto

com mto. respeito,

Amo. Sor. c Cr.

DOMINGOS GOMES BELLO.


I am now loading three ships in this port and I shall wait till your young

man comes to the free port of Onim that we may agree upon all directly; and

I have only to tell you that if you keep independent of the whites, the people

of Onim shall never be without one of my ships.23

I have no more to say only to assure you that you need have no fear to

send the young man with those of the headmen, without delay.

Your friend

D. Je. Mey

–––––– 15 ––––––

King Cocioco

Your Majesty Bahia, 15 October 1849

I wrote to you in duplicate on the 20th ultimo.

24 I have since sold on your

account 1 bale at 415$000, 11 at 365$000, 7 at 360$000, and 1 been not very

good remains on hand. I shall take care to ensure a sale and shall send you

the account, and the goods by the first ship that leaves here for your port.

I again ask you to not consign ordinary goods to me, which are a great deal

of trouble to sell, even if one offers miserable prices. For the time being it

will be impossible for me to execute your wishes, for at present the people

who own good carpentry workers and tanners here do not want to sell them

at any price. I shall tell you everything which occurs.

8 November 1849

I confirm my letter of the 15th October, and acknowledge the receipt of your

favor of 20th September, with the bill of lading of 12 packages consign to

me on your account by the “Felucca” “Rozita” which came in here on the

29th ultimo, delivering in 9 only. I sold immediately 6 at 370$000 but 3,

which were beginning to be damaged remain on hand, as I am very sorry to

communicate.25

Those who were so lucky as to have good workmen as

carpenter or coopers will not sell them on any terms, and therefore I cannot

execute your wishes.

With all my respect,

Illustrious Sir,

Domingos Gomes Bello


–––––– 16 ––––––


Snr. Rei Cocioco.

COMO de prezente nao ha embareacao a carga pa. esse porto, e nao

dezejando demorar o vosso dro. em meo poder. aproveito esta polaca

Vencedora pa. remetter vos a c. de venda de 12 fardos vindos no br. Bom

Destino, e palhabote Igualde, bem como o liquido qe. produzerao nas

especies dezignadas no conhecimto. juncto, fieando eu pago do saldo de

vossa conta no fim do anno passada, e assim ms. as despezas de vossas fos.

te o fim deste anno; elles pa hirem promptos derem ninda demorar. se outro

anno. no qe. concordou o Sr. Colonia, qe. me disse hia escrever-vos nesse

sentido, ms. se vos insistirdes em q. vao antes, com avizo vosso os

remetterei. Quanto no Gantois elle continua a dizer qe. mandon fazer a

embarcacao, se assim for quando estiver prompta en vos avixarei. Fico no

entanto a vossa ordem, e sao.

Vosso amo. em. Sor. C.


–––––– 17 ––––––


Snr. Rey Cocioco.

Amo. Sr. Bahia, 8 de Novembro de 1849

CONFIRMO LHE ma. de 15 de Oubro., e acuzo recebido o seo favor de

20 de Setembro com o Co. de 12 Volumes que por sua conta me consignou

pelo Faluxo Rozita aqui entrado em 29 do passado, e entregando tao somte.

nove logo vendi 6 a 370$000, e 3 com principio de avaria. fieao em ser o

que mto. sinto ter de lhe participar. Aquelles q. pr. fortuna aqui possuem

bons officiaes de Carpina e de Tanceiro, nao os vendem por forma alguma, e

assim nao poderei preencher os seus dezejos. Sem outro motivo pr. agora,

me repito, com muito respeito,

Amo. Sor. e. Cr.


Fexada em 15 pa lhe dezir q. he ehegado o Bom Destino mas ainda nao

recebi as cartas.


–––––– 16 ––––––

King Cocioco Bahia 19 October 1849

AS there is at present no vessel loading for your port I am unwilling to

delay any longer the money belonging to you which I have in hand, I take

advantage of this Polacca “Vencedora” to transmit to you the account sales

of 12 bales which came by the vessel “Bom Destino” and Schooner

“Igualdade,” together with the net produce which they afforded in the coins

noted on the accompanying account your account to me being paid to the

close of last year as also the expenses of your sons up to the end of this year;

in order to be complete they ought to stay another year and Senhor Colonia

is of the same opinion.26

He said he would write to you in this view, but if

you insist they shall leave before that; on hearing from you I will send them.

As to Gatois he continues to state that you ordered him to build a vessel; and

if this is the case as soon as she is ready I will let you know.

In the meantime, I remain at your service, and yours

Your friend

Franco. Je. Godinho

–––––– 17 ––––––

King Cocioco Bahia, 15 November 1849

Illustrious Sir,

I confirm my letter of the 15 October, and acknowledge the receipt of

your favor of 20th September, with the bill of lading of 12 packages consign

to me on your account by the “Felucca Rozita” which came in here on the

29th ultimo, delivering in 9 only. I sold immediately 6 at 370$000 and 3

which were beginning to be damaged remain on hand, as I am very sorry to

communicate. Those were so lucky as to have good workmen as carpenter or

coopers will not sell them on any terms, and therefore I cannot execute your

wishes. I have no more to say for now. With all my respect,

Yours,

Domingos Gomes Bello

Continued on the 15th: I must tell you that the “Bom Destino” has arrived,

but I have not yet received the letters.


–––––– 18 ––––––

Letter ao Senhor Gomez Bello.

Snr. Domingos Gomes Bello.

Amo. Sr. Onim, 14 de Novembro de 1849 AO Sr. Miguel da Silva Pereira ou as, fo fara Vm. o favor pagar a

quantia de mil pesos fortes valor, que aqui recibi em 200 vallos de Tabaco;

de que passer dois do mesmo theor, que so uma v tera vigor sendo o motivo

da prezeute termino assignado pezos 1000.

Duas igoaes [iguas?]. DE RU. (Del Rey?]

–––––– 19 ––––––

Senhor Colonia ao Rey Cocioco

Amigo Rey, Ba., 10 de Dezembro, 1849

COM satisfaccao venlio de receber a sua estimada carta, e lhe fico mto.

obro. Pelos seos cuidados; eu e minha mulher e filhos estamos bons. Meo

amigo, logo q. cheguei dei ordem a se faser suas emcommendas, porem o

homem q. os faz tem estado mto. doente, e he porisso q. eu ja nao tenho

mandado, e o ditto homem ja tem a prata, e nao me quer entregar.

Me faca o favor recomendar a minha mai a todos suas mulheres, e a os

seos filhos; Tambem me fara o favor salvar nos seus Cabiceiros todos, e V.

aseite os meos votos d’ amisade, pois q. sou.

Seo amigo,

COLONIA.

–––––– 20 ––––––

Senhor Braga ao Rey Cocioco

Senr. Rey Cocioco

Amo. & Senr.

Onim, 18 de Dezembro de 1849

JUNTO tem o Rey a conta do que me resta, que me parece que o Rey

nao tem mandado pr. estar esquecido, ou mfos. Trabalhos com ……. Obras.

Assim espero do Rey o pronpto pagamento como sempre foi custume de um

Rey que so tem uma palavra. Dexejo-lhe todas as milhoras que o Rey

dezejo pr. ser jamais.

De Vmce. Amo. certo

ANTONIO PEIXOTTO BRAGA


–––––– 18 ––––––

Senhor Domingos Gomes Bello,

Illustrious Sir Onim, 14 November 1849

Do me a favor to pay Senhor Miguel da Silva Pereira the amount of

1$000 hard dollars, the value of which I have received here in 200 bales27

of

tobacco. I have drawn two bills of the same tenor, one of which is alone to

be valid, the other being thereby cancelled.

1$000 dollars28

Two alike The king

–––––– 19 ––––––

King, My Friend, Bahia, 10 December 1849

I have just had the pleasure to receive your esteemed letter and I am

much obliged to you for your care. I and my wife and children are well. My

friend, as soon as I arrived I gave orders to execute your commissions, but

the man who makes them has been very ill, and this is why I have not sent

them. The man has the silver, and will not give it to me.

Do me the favor to present my mother’s compliments to all your wives and

children; and do me the favor also to make my compliments to all your head-

men,29

and accept yourself my assurances of friendship, as I am your friend.

(Signed) Colonia

–––––– 20 ––––––

King Cocioco

My Friend and Sir Onim, 18 December 1849

I enclose the account of what I have remaining; for I think the king

has not sent because he has forgotten it, or because he is very much

occupied. I hope, therefore, the King will make a prompt payment, as it has

always been the custom of a King who has only one word. I wish him all the

good fortune which he can desire, being always, &c.

(Signed) Antonio Peixotto Braga30

(Enclosure) Onim, December 18, 1849

King Cocioco to Antonio Peixotto Braga

1170 Knives at 100 117$000

Received

Money on account 40$000

Ditto on account 40$000

80$000

To pay 37$000

Yours, (Signed) Antonio Peixotto Braga


–––––– 21 ––––––

Senhor Gumu ao Rey Cocioco.

Senr. Rei Cossioco.

Estimado Senr. Ajuda, 21 de 10bro, 1849 PREIMEIRO que tudo muito estima a sua bonn saude e toda sua

famillias f. vou por meio desta pa. lhe alembrar sobre os $ 12 pezos em

prata, q. lhe tinha emprestado aqui que me pedio q. era pa. fazer algumas

obras. ps. ate agora Vm. nao me mandou esse dinro, e como en agora

precizo mto, por isso lhe alembro, e si Vm. ja tinha emtregado alguma

pessoa pa. me emtregar fara o favor de mandar me dizer o nome da quella

pessoa pa. me receber delle, digo assim assim, porque qdo. Vm. sahio de

aqui me disse q. mandara o do dro assim qe. chegar em Porto Novo, e pode

ser qe. Vm. emtragasse alguma pessoa e qe. elle nao me emtregou. E no

cazo qe. Vm. nao tinha emtregado a pessoa alguma, neste cazo mto. lhe peco

que me mande pella pra. ocaziao que se oferecer. sao 12 pezos.

Nada meo, aqui fieo como quem é.

De Vm. Alto Cro.

MENSAM GUMU.

N.B. – Lembransas ao Senr. Anto. Tapa.

–––––– 22 ––––––


Snr. Rey Cocioco.

Amo. Sr. Bahia, 27 de Dezo. de 1849. POR duplicado lhe escrevi em 13 do corrte, em acressentamto direi que

sua remessa pelo Igualdade chegou regularmte., mas nao apude dispor.

Aqui tem conta de venda de sua remessa pelo Roxita em Rs.1,706$840, c

pelo Bom Destino em Rs. 4,145$000 que lhe creditei. Mais achara factura

das tintas que me pedio em Rs. 120$820 qe. lhe debitei.

Finalmte. lhe ajunto s. c. corrte. com o balanco em seo favor Rs. S. E.

10,987$725 qe. pa. saldar lhe remeto como vera do Co. anexo, 350 oncas 14

½ pesos, em Rs. 10,878$935 qe. com 1 pr. conto. de commissao nesta

tranzacao prefas aquella quantia q. assim tera a bondade de dizer se vamos

de acordo. Sem outro motivo pr. agora me repito seo.

Amo, e ob. Cr.



–––––– 21 ––––––

King Cocioco

Esteemed Sir, Ajuda 21 December 1849

Before all I value your good health and that of all your family. I wish by this

to remind you of the twelve silver dollars which you borrowed from me here

when you wanted to execute some works. Until this time you have not sent

back this money to me, and I am now much in want of it, for which reason I

bring it to your attention. And if you have already delivered it over to any

person to give to me, please do me the favor to tell me the name of the

person, that I may receive it of him, because when you went away you said

you would send me the money as soon as you reached Porto Novo; and it is

possible that you have given the money to some person who has not

delivered it to me. In case you have not given it to any person, I earnestly

request you to send it to me by the first opportunity that may present itself; it

is twelve dollars. I have nothing more to say

I remain,

Your subject

(Signed) Mensam Gumu

N. B.—Remembrances to Senhor Antonio Tapa31

–––––– 22 ––––––

King Cocioco

My Friend, Bahia, 27 December 1849

This is a copy of a letters I wrote to you on the 13th instant, and I have

now to tell you in addition, that your consignment by the “Igualdade” came

duly to hand, but could not be disposed of. You have here an account sales

of your consignment by the “Rozita,” to the amount of Rs1706$840, and by

the “Bom Destino” of Rs4,145$000, for which I give you credit. Also the

invoice of the dyes which you wanted Rs120$820, with which I debit you.32

Finally, I add your account current with the balance of Rs10,987$725 in

your favor; and I remit you in payment of the same, as you will see by the

annexed account 350 ounces [at] 14½ dollars [per ounce], making

Rs10,878$935, which with 1 per cent of commission on the transaction,

makes up the sum. You will have the goodness to say if we agree.

Having nothing more to say, I am your Friend, &c.



(Enclosure [to letter 22])

King Cocioco, in account current with Domingos Gomes Bello

Discount on 3,470$000 at 4 months, 8 per cent 92$533

“ 7,280$000 at 6 months 291$000

“ 3,220$000 at 7 months 150$262

“ 7,530$000 at 7 months 251$400

Amount of dyes by the Industrie 120$320

Ditto of 350 ounces at 31$000 10,850$000

Ditto of 14½ dollars 28$935

10,878$935

Commission 1 per cent 108$000

10,987$725

[Balance] Rs11,992$940

1849 10 Sept. amount of 10 bales from Rozita 2,222$000

20 Nov. “ “ 20 “ “ Igualdade 3,519$000

20 Dec “ “ 9 “ “ Rozita 1,706$840

“ “ 20 “ “ Bom Destino 4,145$500

E. E. Rs. 11,992$940

Bahia, 20 December 1849

–––––– 23 ––––––

Senhor Bello ao Rey Cocioco. Snr. Rey Cocioco.

Amo. Sr. Ba., 27 de Dezembro de 1849. POR duplicado lhe escrevi em 13 do corrte, em acrescentamto. direi que

sua remessa pelo Igualde., chegou regularmente, mas nao apudo dispor.

Aqui tem conta de venda de sua remessa pelo Rozita em Rs. 1,706$810, e

pelo Bom Destino em Rs.4,145$000, que lhe creditei. Mais achava factura

das tintas que me pedio em Rs. 120$820 q. lhe debitei. Finalmte, lhe ajunto

s. c. corrte, com o Balanco em seo favor Rs, S. E. 10,987$725 qe. para saldar

lhe remeto como vera do Co. anexo 350 oncas e 14 ½ pesos, em Rs.

10,878$035 q. com 1 pr. 100 de comissao nesta tranzacao prefas aquella

quantia q. assim tera a honed. de dizer se vamos de acordo. Sem outro

motivo pr. me repito seo

Amo, e ob. Cr.

DOMINGO GOMES BELLO.


–––––– 23 ––––––

King Cocioco

My Friend, Bahia, 27 December 1849

This is a copy of the letters I wrote to you on the 13th instant, and I have

now to tell you in addition, that your consignment by the “Igualdade” came

duly to hand, but could not be disposed of. You have here an account sales

of your consignment by the “Rozita,” to the amount of Rs1,706$840, and by

the “Bom Destino” of Rs4,145$000, for which I give you credit. Also the

invoice of the dyes which you wanted Rs120$820, with which I debit you.

Finally, I add your account current with the balance of Rs10,987$725 in

your favor; and I remit you in payment of the same, as you will see by the

annexed account 350 ounces [at] 14½ dollars [per ounce], making

Rs10,878$935, which with 1 per cent of commission on the transaction,

makes up the sum. You will have the goodness to say if we agree.

Having nothing more to say, I am, &c.


Enclosure

Account sales and net produce of 20 bales sent to me by King Cocioco, on

his own account, on board the “Bom Destino,” which arrived on the 16th

November, which I sold as follows:-

To be paid in 8 months

Directly: 2 sold to Girimnabo, 410$000 820$000

5 sold to Vianna at 390$000 1,950$000

2 sold to Je. De Silva 400$000 800$000

2 sold to Moncorvo 380$000 3,960$000

7,530$000

Expenses Freight, landing, and point, $800 2,826$000

Conveyance to the city 40$000

Freight and Gratuity 132$000

Commission5 per cent 376$500

3,384$500

Rs 4,145$500


–––––– 24 ––––––

Senhor Bello ao Rey Cocioco. Snr. Rey Coioco.

Amo. Snr. Ba., 28 de Janro. de 1850.

EM sima lhe offereco copia de ma. ultima, depois, de sua faza. vendi 9

fardos a $370,000 falta vender hum que esta quaze todo avariada. He

chegado o Sires que me trouce a sua de Novbro., servindo de capa de outra

para Gantois & Marbak aquem hoje mmo. mandei amtes para estes Snres.

verem, e me dizerem a razao pr. q. nao tem enviado couta, e o rezultado de

suas remessas, e do que passar lhe darei parte. Tambem Sa. Pereira me

aprezentou assua ordem de 14 de Novbro. pr. mil pezos, rezultado de sua

ultima remessa, pois q. o das primras, lhe vai no Camo, pelo Industria. Sem

tempo para maiz me repito seo.

Estamos em 15 de Fevero do.

Pelo Falucho Polka em 28 de Janeiro lhe derigi meo ultimo respeito, que

confirmo. Em 9 do corre, entrou o Venceder, pelo qual recebi seo prezado

favor de 11 do pdo. que nao exige respta. Estao tardando oa navios que

d’aqui sahirao para esse porto ao niez de Dezembro, mas se Deus quizer

aqui podem chegar a todos os instantes. Aqui tem carta dos Snres. Gantois

& Marbak, em q. ajuntao essas costas de venda q. lhe faltarao, e assim bem

pode conhecer o estado de seos negocios. Ainda nao conclui a venda de sua

ultima remessa, por cauza do fardo com avaria, e assim de novo lhe peco q.

se houver de me continuar suas ordens seja com fazenda boa, porq. essa

mma. hoje e de defficil venda. Em seguimto, direi o q. ms. se me offrecer

como seo.

Amigo e obro. Cr.

DOMINGO GOMES BELLO.


–––––– 24 ––––––

King Cocioco

My Friend, Bahia, 28 January 1850

I send you above a copy of my last. I have since sold off your

merchandise, nine bales at [Maria Theresa dollars] $370,000, and there is

still one left which was almost entirely damaged. Sires [Domos J. C. Syres]

is come, who brought me your letter of November, giving cover to another

for Gantois and Marbak, and I have sent both these day to those gentlemen

for them to see and to tell me the reason why they have not sent their

account, with the produce of your consignment, and I will want you to know

what takes place.33

Mr. Pereira gave me your order of the 14th November for

1000 dollars for your last consignment and I replied to him that I would pay,

but that it was first necessary to liquidate the produce of your last

consignment which came in the “Camo” and the “Industrie” I have no time

to say more, but remain yours, &c.

15 February 1850

I sent to you on the 28th January by the felucca “Polka”

34 my last letter,

which I confirm. The “Vencedora” came in on the 9th

, by which I received

your esteemed favor of the 11th ultimo, which requires no reply. The vessels

which left here in December for your port are delayed, but, please God, they

may arrive at any moment. I send you the letter of Messrs Gantois and

Marbak in which they have enclosed the account sales which were missing,

and you may thus clearly see the state of your affairs. I have not as yet been

able to conclude the sale of your last shipments, because of the damaged

bale, again I am asking you if you continue your orders to me, that it may be

with good merchandise, because even this is now difficult to be sold, I will

let you know hereafter whatever occurs.35

Your friend

(Signed) Domingo Gomes Bello


–––––– 25 ––––––

Senhor Lire ao Rey Cocioco

Sr. Rey Cossioco.

Amo. Sr. Bahia, 1 Fevro., 1850. EM 20 dopp aqui chegamos sem novidade tendo estado em Pernambuco

20 dias pr. enusa dos febres que andao aqui. Logo que cheguei entreguei ao

Sr. Bello a sua carta en o dia seguiuto falei com elle sobre o negocio de

Vmce. com o Gantois e elle me dice que bia falar com elle, e que lhe

responderia o que se offerecece, mas creio que ainda nao falou pr. que um

dos socios de Gantois esta mto. doente, noentanto elle falara, e eu tambem

direi ao Gantois o que Vme. me dice e do que se popor lhe avazaria.

As emcomendas que Vme. me fes de compass de prata vao se fazer e

logo que estijao promptos mandarei mas devem ter algon demora pr. que sa

uma pessoa he que sabe fazer isto q. foi quem fes os q. Vme. ahi tem. Maito

estimara que tenha grande saude e todo a sua gente, e que faca bom negocio

sempre com amizade com os brancos pr. seu nome ser bem fallado. Qro.

recomendarme a tados os seos Cabeceiros, e como nao tenho mais tempo

coucluo asignando me com estima.

De Vmce. amo. e obr,

DOMOS. J.C. LIRE.

(Inclosure.)

Recibo de quatro escravos Mrca.

[PG] Peito dirlo. 4 Homens.

EU abaixo assignado, Capitao do Faluxo “Rositta,” presentemente

ancorado neste Porto para seguir viagem ao porto da Ba.onde he minba

direita descarga, declaro que he verdade ter recebido e carregado na dita.

embarcacao debaixo de coherta enxuta e bem acondicionado do Rei Cocioco

quarto Captos q. carrega pr. s. c. e risco, sendo homens, com a marca a

margem que me obrigo a entregar no referido porto em nome do sobredito

ao Sr. Franco, Je. Godinho ause, S. Recebendo de frete cento e vinte milrs.

Pr. Ve. E para cumprimento do expendido obrigo minha pesos. bens c dita

embarcacao em certeza do que dei dous conhecimentos de igual theor do

quaes hom so tera valor.

LIRE.


–––––– 25 ––––––

King Cocioco

My Friend, Bahia, 1 February

1850

We arrived here on the 20th without anything new occurring, having

stayed twenty days in Pernambuco because of the fever here. As soon as I

arrived I gave your letter to Senhor Bello, and on the next day I talked with

him about your business with Gantois, and he told me that he would talk

with him, and would reply to you what he offered to do; but I think it could

not be done yet, because one of the partners of Gantois is very ill. But

nevertheless he would speak to him, and I also will tell Gantois what you

say, and mention what you propose.

The commission you gave me of a silver compass has not been

executed. As soon as it is made I will send it, but there will be necessarily

some delay, because there is only one person who knows how to make them,

the same who made the one which you have. I wish much that you may have

good health and all your people, and that you may always do a good

business with the white, and that your name may be well spoken of. I wish to

make my compliments to all your headmen; and as I have no more time I

conclude, signing myself with honor, &c

Your friend

Domos J. C. Lire [sic]

Enclosure

Bill of lading for four slaves

Mark

[PG] right breast 4 men

I, The undersigned, Captain of the felucca “Rocitta” [Rozita] now at

anchor in this port, about to proceed to the port of Bahia, where I am to

discharge direct, to declare that it is true that I have received on board the

said vessels, under deck and dry and in good condition from King Cocioco

four slaves which he has laden on his own account and risk being men, with

marks as per margin which I bind myself to deliver in the said port in the

name of the aforesaid, to Senhor Francisco J. Godinho, receiving for freight

120$000 reis.

To the fulfillment of the above I do bind myself, my goods, and the said

ship; in testimony whereof I have given two bills of lading, only one of

which shall be valid.

Onim, 27 April 1849

Lire [sic]


–––––– 26 ––––––

Senhor Gomes ao Rey Cocioco

Snr. Rey Cocioco Onim, 4 de Ferro, de 1850.

SAUDE e tudo bom lhe dezejo, eu tenho pedido a voce pa. meceder a

caza que foi do Sr. Marcos, se voce ma poder se der eu Ihe fiearei mto. obo.,

e da travalho de sua jente lhe darei uma gratificacao. sendo nao me poca

seder essa rogo lhe ou peco pa. me aranjar outcrops. voce save que eu tenho

perdido mto. pr. cauza das cazas que tenho tomado e pr. mais que lhe peco

huma caza ama. vontade voce pr. nada maquer dar mas espero que voce

como Rey que Ds. a ajudon a ser e o ha de ajudar sempre com este meu

pedido pr. papel e tinta me atenda ao q. eu peco, ps. nao he se nao pa. me

livrar deperder alguma couza, pr. tanto espero q. este favor que eu peco me

seja feito, e voce bem save que esta caza nao tem un franco e todas as couzas

q. tenho estao em risco, pr. tanto espero que aqui mesmo me de o sin e nao

tenho que esperar outra couza Dezejo lhe saude e felicid pr. ser.

De Vmce. ao. vor, JOSE LOURCO. GOMES.

–––––– 27 ––––––

Senhores Gantois & Marbok ao Rey Cocioco

Snr. Rey Cocioco Onim. Bahia, 5 Fevereiro, 1850. O SR. DOMOS. GES. BELLO nos entregou sua ordem pa. lhe

entregarmos o liqdo. dos fardos q. Vmce. nos consignou pr. Andora., Felicide.,

e Esperanca. Causou nos surpresa esta ordem, qdo. plas. cartas q. lhe temos

dirigido, Vmce. se tera informado de q. nao podia ser cumprida, em

consequencia de terinos dado attencao a sua la ordem pa. empregarmos os

fundos q. nos remetteo, e os q. nos devia remetter em um palhabote q. se acha

quasi prompto. Remettemos inclusa 3as vias das nossas cartas e das contas de

venda dos fardos pr. “Felicidade” e “Esperanca.” q. Vmce. se queixa ao Sr.

Bello nao ter recebido. Em uma de suas cartas em resposta ao nosso aviso de

ter chegado tarde sua contra ordem pa. obstar a compra do palhabote, Vmce.

se emforma com a aossa deliberacao, e nos promette qe. nos promette qe. nos

faria ms. remessas.

Sirva-se pois dizer-nos de quem deremos receber o saldo q. possa haver a

nosso favor, quando apresentarmos a conta da construccao do palhabote. ja q.

Vmce. cessou de fazer-nos remessas. Diga-nos tambem a quem o devemos

entregar, e se no caso de nao precisar d’elle, se o devemos vender no estado

em que se achar pr. sua conta. Estas m mas ordens pr. vezes lhe temos pedido,

porem Vmce. nenhua attencao nos deo, e ao contrario, exige q. entreguemos o

liquido das suas remessas ao Sr. Bello, como ja exigio q. entregassemos ao Sr.

Godinho, obtendo de nos estam ma. resposta.

[continued on p. 89]


Esperamos pois solucao d’este negcio, com a maior brevidade pr. q. nao

poderemos ficar em desembolco, qdo, acabar a construccao do navio.

De Vmce. deos amgos. & obg. ED. GANTOIS & MARBAK.

–––––– 26 ––––––

King Cocioco Onim, 4 February 1850

I wish you good health. I have asked of you, as a favor, the house which

belonged to Senhor Marcos; if you will grant it to me I shall be very much

obliged to you, and I will give a gratuity for the work of your people. If you

cannot grant me this, I will ask you to arrange me some other, for you know

I have suffered great losses on account of the houses I have taken: but as I

ask for a house which may suit me, I hope you will not disappoint me. I

hope that you, as a King, whom God has helped and will always help, will

give me what I ask with ink a paper, and then I shall not fear to lose

anything. I therefore hope that the favor which I ask will be granted. You

know well that the house I have has no room, and all the things I have are in

danger; therefore I hope you will grant it to me here; I do not need to wait

for anything else. I wish you health and happiness because I am your friend.

Jose Lourenco Gomes36

–––––– 27 ––––––

King Cocioco, Onim Bahia, 5 February 1850

Mr. Domingos Gomes Bello has given us on your order to have the receipts

sent to you in cash money, from the sale of some bales that you consigned to

the Andorinha, Felicidade, and Esperanca, This order surprised us; in

previous letters we informed you that this could not be done right after the

purchase of a schooner, according to your orders about the use of funds that

you have sent us and those that you still have to give us. The schooner is

almost completed. So, we are asking you to inform us as to how we shall

receive the balance when we submit the books for the construction of this

vessel. Should you insists on the new order you have sent on this subject, by

a letter that arrived too late for us to take it into consideration, and if it were

necessary to dispose of it, we await instructions to know if we should sell it

on your behalf in its present condition. We have already asked for these

instructions, but instead of answering you have insisted on the handing over

of the receipts of your consignments to Mr. Bello, which we have in the past

refused to deliver to Mr. Godinho.

We hope this matter is resolved as soon as possible; for we cannot

should all of these expenses associated with building this ship.37

(Signed) Ed. Gantois and Marbak.


(Inclosures)

Snr. Rey Cocioco Onim.

Amo. & Sr. Bahia, 15 Outubro, 1849.

TEMOS-LHE escripto varias cartas, incluindo as contas dos Voles, pr.

Felicide, & Esperca,. sem qe. nas suas estimdas. qe. temos recebido nos

tenlia respondido, accusando recepeao, mas esperamos q. esteja de posse

d’ellas.

Em Dezebre. ou Janro. deve aqui chegar o navio qe. mandamus

construir pr. s. conta e ordem, pa. se acabar de apromptar; este navio e um

dos ms. bonitos qe. se tem feito, e mui proprio pa. o negcio. em qe se deve

empregar, plo. q. esperamos qe. mto lhe agradara.

E pois necessario q. Vmce. ordene ao seu correspte. qe. nos embolse do

saldo qe. houver a nosso favor, quando lhe apresentarmos a conta do refero.

navio, pa. lh’o entregar-mos.

Sirva-se dizer-nos qe. nomequer qe. se lhe de se ainda deseja a Bandeira

Sarda, e qual o destino qe. elle deve ter: estimaremos qe. appresse suas

ordens a respeito.

Temos ahi alguns devedores dos quaes pretendemos mandar a Vmce.

uma lista; porem pr. em qto. so lhe pedimos q. receba de

Ajai d’Aeambi . . 3 fardos.

Agenia . . . . 10 dos.

Pedro Pacheco . . . 8 dos.

Pedro Marques . . 5 dos.

o qe. lhe deve ser muito facil. Incluso vao ordens pa. estes effectuarem as

entregas: queira ps. avisar-nos logo qe. isto se realise.

Em virtude do seu pedido devolvemos a carta de Mel. Joaqm. d’Almda.,

qe. Vmce. nos remetteo, juntamte. com os ms. papeis.

Somos,

De Vmce.

Snr. Rey Cocioco Onim. Bahia, 28 Setembro, 1849.

TEMOS hoje o gusto de accusar recepcao de varias cartas suas.

Sua. contra ordem pa. nao effectuarmos a compra do Barco q. Vmce. nos

havia encommendado, chegou for a de tempo. e tanto q. plo. contendo da n.

Carta de 31 de Janro. ppo., vera Vmce. q. ja se achava em construccao.


(Enclosure)

King Cocioco, Onim Bahia, 15 October 1849

Friend and Senhor,

We have written to you several letters, including the account of the

packages by the “Felicidade” and “Esperanca,” without having received any

reply acknowledging the receipt, in your esteemed letter to us, but we hope

you received them.

The vessel which we have ordered to be built on your account and to

your order will be here in December or January, because she is nearly

finished. This is one of the prettiest vessels that have been built, and is very

fit for the business in which she is to be employed, so that we hope you will

be much pleased with her.

It is necessary, then, that you order your correspondent to pay us what

may be in your favor when we give in the bill for the said vessel, so that we

may deliver her over to him.

Please to let us know what name is to be given her, whether you still

wish her to have a Sardinian flag, and what course she is to sail. We hope

you will give us your orders without delay.

We have some debtors in your neighborhood, of whom we will send you a

list; but in the meantime we will only ask you to receive of

Ajai d’Acambi [Ajayi Oso Akanbi]38

-- 3 bales

Agenia [Ajeniya] ---------------------- 10 ditto

Pedro Pacheco --------------------------- 8 ditto

Pedro Marques ------------------------- 5 ditto, which will be very easy for you.

We enclose orders to them to make the deliveries; you will advise us as soon

as they are effected.

In furtherance of your request we enclose the letter of Manoel Joaquim

d’Almeida which you sent to us, together with the other papers.

We are yours,

King Cocioco, Onim Bahia, 28 September 1849

We have this day the pleasure to acknowledge the receipt of several letters

from you.

Your letter to us countermanding the purchase of the boat which you

had commissioned us to get, arrived too late; and by the contents of our

letter of the 31st January last, you will see that it was already building.


Incluimos as Contas de Vda., dos fardos qe. nos consignou pr. “Felicidade”

& “Esperanca,” liquidando os primeiros Rs. 2,121$720, e os 2oa. Rs.

2,184$020. Queira pois tomar suas medidas pa. q. sejamos embolcados do

saldo q. possa haver a nosso favor, quando apresentarmos a conta do

referido navio. Sentimos qe. sem causa Vmce. deixasse de dirigirnos suas

consignacoes: e somos.

De Vmce.


We enclose account sales of the bales which you consigned) to us upon

the “Felicidade” and “Esperanca,” the first producing Rs.2,121$720, and the

latter Rs.2,184$020. Please endeavor to pay us our due as soon as we present

the receipts of the said vessel.

We regret that you have without cause ceased to send your consignment

to us

Yours

Bahia, 28 September 1849

Account sales and net produce of 12 bales consigned to us by King Cocioco,

upon the schooner “Felicidade” which arrived on February, that is to say:

12 bales, that is to say

1 March : 4 at 9 months at 400$000 16,000$000

5 “ : 2 immediate at 380$000 760$000

15 “ : 1 ditto 380$000

23 “ : 1 ditto at 6 months 380$000

30 “ : 1 at 3 months 380$000

16 Apr : 1 at 6 “ 380$000

26 July : 1 immediate 350$000

11 4,230$000

1 damaged on the voyage

12

Expenses Freight, landing, stay and wrappers, 11 @ 141$320 1,554$520

Warehouse 4$000 44$000

Conveyance 2$000 22$000

Medical aid and medicine 24$000

Gratuity 49$760

Discount of Rs. 2,740$000 134$000

Guarantee 2½ per cent 68$500


2,108 280

Net produce, E.E. Rs 2,121,720


–––––– 28 ––––––

Captain Desonnais ao Rey Cocioco

Illustrissimo Senhor Rey Cocioco Onim.

Senhor Rey,

VENHO de receber a bordo de l’Industrie, el mosso del bastao de vostra

Signoria.

Remeto pela canoa, todos as cansas que tem per Vos mece.

Remeto-lhe esse caixas de vinho Musontel, de mia terra, tenha bondade

receber, pois e um signal de respeito que eu tem per Vos mece.

Un dias que el banco esta bom, en pretende vai para terra, visitar Vo

mece.

Eu sao, venerador e criadon.

16 de Março, 1850. CAPNE. DESONNAIS


Account sales and net produce of 12 bales consigned to us from Onim by

King Cocioco, on the polacca “Esperanca,” which arrived in March, that is

to say:

12 bales, that is to say

20 March 3 at 8 months at 400$000 1,200$000

16 April 5 at 6 months at 380$000 1,900$000

24 May 3 at 6 “ “ 380$000 1,140$000

26 July 1 immediate 350$000

12 4,590$000

Expenses

Freight, landing, stay and wrappers 141$320 1,695$840

Warehouse 4$000 48$000

Conveyance 2$000 24$000

Medical aid and medicine 18$000

Gratuity 99$040

Discount of Rs. 4,240$000 185$600

Guarantee 2½ per cent 104$000


2,405$980

Net produce, E.E. Rs 2,184$020

–––––– 28 ––––––

Your majesty King Cocioco, Onim

16 March 1850

I have just received on board the “Industrie,” your Lordship’s stick

bearer.39

I send you by the boat all the articles which I have for you. I send

you this case of Muscatel wine, from my own estate, which you will have

the goodness to accept as a mark of the respect which I have for you.

One day when the bar is favorable, I intend to go on a shore to pay you a

visit. 40

I am your admirer and servant.

(Signed) Captain Desonnais


–––––– 29 ––––––


Snr. Rey Cocioco.

Amo. e Snr. Bahia, 15 d’Abril de 1850.

EM cima lhe offereco copia de ma, ultimo, depois mais recebi as suas

mto, apreciaveis de 27 de Fevereiro e 5 de Março, das quaes retirei

conhecimentos com qe. mais me entregarao seus 15 fardos pelo Polka e

Mosquito, qe. ainda nao pude vender, mas os tenho recommendado a meo

cuidado, sentiudo mto. ter de lhe participar qe. esta fazenda continua enjoada

principalme. a qe. nao e mto. boa, de qe. ha vendas por 320$ e menos, fiadas

por 4 e 8, e a 6 e12 mezes. Pelos seguintes direi o qe. mais se me offerecer

como seo.

Estamos em 28 d’Abril do.

Em cima lhe offereco copia de ma. ultima, depois do qual mais receta os

seos favores de 7 e 15 de Março, a qe. respondeo mais recebi pelo Bom

Destino 5 fardos de s. e. e fiquei seiento de ter no seo poder a remessa de

350 oncas e 14 ½ pesos pela Industria o que mto. estimei saber. N’aquella

de 15 do pelo, me envia uma conta qe. d’esta lhe remetterao Surs, Gantois &

Marbak em Rs. 3,591$680 em Outubro de 1848, a qual como dezeja aqui lhe

ajunto a 2a. Va. d’esta mma. conta, e de outras, dittos Snrs. ja remetterao

n’este anno com a ma. de 15 de Fevereiro, qe. tera recebido pela Sumaca

Sarda “Eu nao sei” De suas trez ultimas remessas tenho vendido 14 fardes

aos precos adiante notados a pagar um 6 e 9 mezes, logo qe. ultime a venda

das 5 restantes, lhe enviarei conta, e entao direi o qe. mais occorrer como seo

seu.

Amo. e obro. Cr.



–––––– 29 ––––––

Sir King Cocioco

Friend and Sir, 15 April 1850

I send you above a copy of my last. I have since received your valued

letters of the 27th

February and 5th March, informing me that you had sent

me 15 more bales by the “Polka” and “Mosquito.” I have not yet been able

to sell them, but have taken due care of them. I am sorry to inform you that

the market is glutted with these articles, particularly when these are of very

poor quality, such as are sold at 320$ and under, from 4 and 8 to 6 and 12

months’ credit. I will let you know in my next what may occur.

28 April 1850

I send you above copy of my last, since which I have received your

further favors of the 7th and 15

th March, which I have replied to. I have also

received by the “Bom Destino” five bales on your account, and am informed

that you have received the remittance of 350 ounces and 14½ dollars by the

“Industrie,” which I am very glad to hear. In yours of the 15th ultimo, you

enclose me an account amounting to the Rs. 3,591$680, which Messrs.

Gantois and Marbak sent to you in October 1848, to which I here add the

duplicate of the said account, and of others which those gentlemen have

already sent you this year, with mine of the 15th

February, which you will

have received by the Sardinian smack “Eu nao sei.” Of your three last

consignments I have sold fourteen bales at the above-mentioned prices, to be

paid at from six to nine months. As soon as the sale of the five remaining is

concluded, I will send you the account of the same; in the meantime I will

keep you advised of anything which may occur.

Yours


1 bale for 400$000

1 bale “ 370$000

8 ditto “ 365$000

4 Ditto “ 375$000


–––––– 30 ––––––


Sr. Rey Cocioco Bahia, 30 de Abril de 1850. ACABO de receber a vossa carta de 26 do mez passado, e certo em seu

contendo respondo que no primro, navio a carregar para essa, e que queira

receber a frete a telba da vossa encomenda eu a embarearei, e assim mais o

que houver prompto de pedidos ms. antigos, bem como vossos filhos, e todo

o saldo que entao houver a vosso favor. Junta a esta o conta de venda dos

oito fardos vindos na Escuna Mosquito. Fieo as vossas ordeus. Sou de

Vosso amo em. Sor. C.



–––––– 30 ––––––

Senhor King Cocioco Bahia, 30 April 1850

I have just received your letter of the 26th ultimo, and having

learned its tenor, I have to reply, that I will ship the tiles ordered by you,41

on board the first vessel willing to receive it, which sails for your port as

well as the articles, which you had commissioned me to procure previously;

I will also send your sons, and the whole amount which may remain in your

favor. I enclose the account-sales of the eight bales which came by the

schooner “Mosquito.” I remain at your orders.

I am, &c.

(Signed) Franco Je Godinho

(Enclosure)

Account sales of 8 bales which King Cocioco consigned to me from Onim,

by the schooner “Mosquito” as below stated, that is to say:

Sold on credit

P. 3 bales 400$000 1,200$000

4 ditto 300$000 1,200$000

1 ditto remaining on board 300$000

2,700$000

Deduct

Freight, landing, point, and wrappers at 141$320 1,130$560

Conveyance, stay, and food 75$600

Medicine and other expenses at infirmary 40$500

Commission 3 percent 81$000

Gratuity 2 per cent 54$000

1,381$660

1,318$340



–––––– 31 ––––––

Senhor Godinho ao Cahoccer Acheron Duplicata.

Sr. Cabeceiro Acheron, Ba., 30 de Abril, 1850.

RECEBI suas cartas de 31 de Dezo. do anno passado, 15 de Fevero. e 7

de Mca., n primra. avizando-me a remessa de dois fardos q. nao me

entregarao pr. que o consignatario do 3a Andora. licou com elles, e deve

disso dar conta a Vmce.; a 2a, c 3a. acompauharao dois fardos cada huma e

todos de pessima qualidade, p, isso apenas pude vender os primros, e nao

tendo comprador aos segdos. mandei pa. o Rio de Janro. d’onde espero mor,

venda, e logo q. chegue a conta farei remessa do liqdo., visto q. na inclusa

conta de venda dos dois vao ja abatidos os fretes d’aquelles.

Aproveito esta occazm. pa. dizer lhe que nao me convem receber estas

comissoes plo. qe. Vm. devera dirigir-se a outro qdo. tenha novas remeirsas.

Sou, &c.

–––––– 31 [English translation] ––––––

King Cocioco Bahia, 30 April 1850

I have just received your letter of the 26th ultimo, and having learned its

tenor, I have to reply, that I will ship the tiles ordered by you, on board the

first vessel willing to receive it, which sails for your port as well as the

articles, which you had commissioned me to procure previously; I will also

send your sons, and the whole amount which may remain in your favor. I

enclose the account-sales of the eight bales which came by the schooner

“Mosquito.” I remain at your orders.

I am, &c.



–––––– 31 [translation continued] ––––––

Sr. Caboceer Acheron,42

Bahia, 30 April 1850

I have received your letters of the 31st December last, of the 15

th

February, and 7th March; the first advising me of the transmission of two

bales which were not delivered to me, because the consignee of the “3a

Andorinha” retained them, of which he will render you an account. The

second and third accompanied two bales each, all of very bad quality, for

which reason I could hardly sell the first; and finding no purchaser for the

latter, I sent them to Rio de Janeiro, where I hope for a better sale. As soon

as the account arrives I will send you the produce of the sale; as in the

enclosed account-sales I have already deducted the shipping cost of the last.

I seize this occasion to inform you that I no longer want to receive

goods from you. I will therefore request you to address yourself to some

other person when you have any more articles to transmit.

Yours.

Franco Je Godinho

(Enclosure)

Account sales and net produce of two slaves which I received in Bahia, from

Commander Franco. Jose Godinho, to sell for the account and risk of proper

parties, on the 16th of April, instant

19 March 1850 1 bale, sold for cash to Jo. Je. Gl. Morreira 400$000

1 ditto, sold to the same, defective 300$000

700$000

Expenses

16 April Conveyance from the Point of Bahia to the city 1$600

2 trousers, 2 shirts, 2 covers 5$400

Landing 24$000

Freight on the yacht Diligente 28$000

Food

My Commission 3 percent 22$800

81$800

678$200

(Signed) Cando. Fz. Lima

Rio Janeiro, 31 May 1850


–––––– 32 ––––––

Senhor Mey ao Rey Cocioco

Snr. Rey Cocioco

Amo. Porto Novo, 21 de Maio, 1850.

HOJE me cumpre dispaixar os seos portadores. E pelo Mestre

Francisco que segue a manha lhe direi o mais que me ocorra. Eu nesses 3

dias sigo a Dahome achamado do Rey afim de assistir ao seo custume. E

por neohuma maneira posso faltar a esse dever de amisade, Pr, esso logo que

aqui estejo de volta tratarei de cumprir com ma. palavra. Sem ms. gose

saude e crea me, &c.

–––––– 33 ––––––

Senhor Bello ao Rey Cocioco Snr. Rey Cocioco

Amo. Snr. Bahia, 29 de Maio de 1850.

CONFIRMO lhe minha de 28 do passado, e agora acuzo recebido seo

prezado favor de 21 d’Abril (pelo Industria, aqui recolhido antes de hontem),

a q. respondo agradecendo a urbanidade e franqueza com q. tratou o Capu.

Desonnais, a quem fiz prezente sua recommendacao.

Do mmo. Capn. recebi o pano com q. me memoriou aceitande-o com

mto. gosto para guardar como hum monumento d’amizade com q. me tem

obzequiado.

Aqui tem conta de venda de suas remessas de 5 Volumes pelo Bom

Destino em Rs. 941$580, de 5 dos, pelo Mosquito em Rs.866$060, e de 10

dos. pelo Polka em Rs.1,827$580, q. lhe tenho creditado pa. lhe remeter pelo

mmo. Industria, depois de reterar o desconto do tempo. q. ainda tem de

vencer, e mmo. o q. falta para acabar de pagar a sua ordem de mil pezos a

favor de Miguel da Sa. Pereira, e antes direi o que mais se me offerecer

como seo, &c.



–––––– 32 ––––––

King Cocioco,

My Friend Porto Novo, 24 May 1850

I shall dispatch your bearers today; and by Mister Francisco, who

follows to-morrow, I will let you know of anything which may occur. I am

to go to Dahomey [Abomey] in three days, being invited by the King to be

present at his custom.43

I cannot on any account fail in this duty of

friendship. As soon as I return here I will try to fulfill my promise. I have no

more to say. Health; and believe me, &c.

(Signed) Mey [Domingo Martinez]

–––––– 33 ––––––

King Cocioco

My Friend Bahia, 29 May 185[0]44

I confirm to you my letter of the 28th ultimo; and now I acknowledge the

receipt of your esteemed favor of the 21st April by the “Industrie” which

came in here the day before yesterday. I thank you for the kindness and

politeness with which you received captain Desonnais, whom I had

recommended to you.

I received from the same captain the cloth which you mentioned; and I

accept it with much pleasure, to keep as a token of the friendship which you

have shown me.

I send your account sales of the five packages sent by you upon the

“Bom Destino,” amounting to 941$580; of five ditto upon the “Mosquito”

amounting to 866$060; and of ten ditto by the “Polka” amounting to

1827$580, for which I have given you credit, and which I will remit to you

by the “Industrie”, after deducting the discount for the time which remains

due, and the amount still due on your order for 1$000 dollars in favor of

Miguel da Souza Pereira. I will then tell you of anything more which may

offer.

Yours



–––––– 34 ––––––

Senhor Bello ao Rey Cocioco. Snr. Rey Cocioco.

Amo. e Snr. Bahia, 16 de Junho de 1850.

CONFIRMO-lhe ma. de 29 do passado, o agora acuzo recebido o seo

favor de 16 Maio com o conhecimento de 15 fardos, dos quaes so recebi 14,

e d’estes ja tenho vendido 8 como adiante levo notado, verei se em poucos

dias concluo a venda do resto para como dezeja mandar-lhe …..pelo

Industria, pr. cugo navio hirao as Thezouras e Obreias do seo pedido.

As minhas circumstancias sinto dizer-lhe nao sao fao favoraveis q. possa

acceitar seos saques, sem ter no meo poder fundos seos, pa. fazer esse jogo

eu penso lhe seria melhor q. de suas remessas mandasse demorar o resultado

em ma. Mao ate ter occaziao de sacar, porq. Ate d’essa forma se despensava

dos descontos q. soffre, quando manda hir o dinro. Ainda nao vencido, pois

sabe perfeitame. que aqui tudo se vende a longo prazo, concluo por tanto se

quizer faca-me remessa, e depois de saber q. he a salvamto. saque pelo valor

aproximado, q. honrara sua firma, o seo, &c.


–––––– 35 ––––––

Senhor Godinho ao Rey Cocioco Sr. Rey Cocioco. Ba., 13 de Julho, 1850.

A MANHAA vai sahir a Bea. Industria, e n’ella vao vossos filhos de

passagem, a cujo respeito logo escrevo, tendo esta por unico fim diservus q.

o Sr. Je, Franco. Mora. Irmao do Sr. Claudio Tiburcio Mora., ahi residente,

vive aqui em continuadas precizoes pr. ter sido infeliz como negociante

d’esta praca, e por isso se empenha para eu vos pedir o embolso de 330

pannos qe. vos deveis, impa de cincuenta e cinco facas aparelhadas de prata

que o mmo. Tiburcio ahi vos vendeu; espero por to, qe. attendaes as suplicas

do pay de huma honrada e numerosa familia, satisfasendo de prompt esse

debito, o que eu tambem vos agradecerei, e sou, &c.

FRANCO, JE. GODINHO.


–––––– 34 ––––––

King Cocioco

Friend and Sir Bahia, 16 June 1850

I confirm to you my letter of the 29th ultimo;

45 and now acknowledge

your favor of the 16th May, with the bill of lading of fifteen bales of which I

received only fourteen; of them I have already sold eight, as I previously

stated. I hope to conclude the sale of the rest in a few days, in order that I

may send you the money, as you desire, by the “Industrie” which will also

take to you the treasure and the wafers which you required.

I am sorry to tell you that my circumstances are not favorable enough to

admit of my accepting your drafts, without having funds of yours in my

hands for the purpose. I think it would be better that the produce of your

consignments should remain in my possession until you have occasion to

draw; because in that way you would save the discounts which are deducted

when money is sent before it is due; for you know perfectly well that

everything is sold here at long dates. I conclude, therefore, in advising you,

when you make consignments to ascertain first their safe arrival, and then to

draw for the approximate value and your signature shall; be honored.

Yours,


N. B. 1 Bale………..420$000

1 ditto ……….367$000

4 ditto………..365$000

2 ditto ……… 35$0000

–––––– 35 ––––––

Sr. King Cocioco Bahia, 13 July 1850

The ship “Industrie” sails tomorrow, and your sons go on board as

passengers. My only object of writing is to tell you that Senhor J. Francisco

Moreira, brother of Senhor Claudio Tiburcio Moreira, resident here, lives in

a constant state of necessity, from having been unfortunate as a merchant in

this place. He wants me to demand from you payment of 330 cloths, for

which you owe him, as well as of fifty five knives with silver handles which

Tiburcio sold to you. I hope you will attend to the request of the father of an

honest and large family, by an early payment of this debt.

Yours

(Signed) Franco. Je. Godinho


–––––– 36 ––––––

Senhor Godinho ao Caboceer Acheron

Sr. Cabeceiro Acheron. Ba., 13 de Julho, 1850.

LEVO a sua presenca duplicate da ma. de 30 de Abril q. capion a conta

de venda de dois fardos, em que abati o frete de ms. dois q. entao remetti pa.

o Rio de Janro, plo. q. me ficon Vm. restando 46$600. Agora remetto copia

da conta de venda, e d’ella verá Vm. ser o liquid 678$200 do q. deduzindo

aquelle debito, e ma. comissāo ficāo liquidas 605$142 q. remetto pr. esta

bea. Industria ma forma abaixo declarada, ficando d’esta forma saldadas

nossas contas, e em vigor o meu avizo de q. nao posso ms. acceitar

comissoes de vendas de fardos. Desejo lhe bõa saude, e sou, &c.


–––––– 37 ––––––

Senhor Roiz ao Rey Cocioco

Sr. Rei Cocioco. Ba., 28 de Julho, 1850. RECEBI seu favor dactado de 4 do passado q. capiava o conbecimto. De

10 F. vindos na escuna Andora. Felliz de sua conta, dos quais aqui so

chegarao sinco. p. dizerem q. os outros 5 morrerao nessa no embarcar, destes

veio hum com beixigas, esta en tratamto. e nao sei se escapara dos quatro o

milhor q. era hum moliquote Fica vendo. p. 400 rs. os trez sao bastante

velhos, e fico fazendo deligencias de os vender, pr. mais ou pr. menos, logo

q. conclua a venda de todos, serei pronto em bar conta das. o q. lhe sirva de

governo. Emtao farei remessa do saldo em dro. confe. sua ordem, si lhe essa

ocaziao nao tiver novas ordens sua. Sim tempo a mais. Desejo-lhe saude e

fele. e sou, &c.

Pr. Jm. Lopes Pera.

FRANCO. LOPES ROIZ.


–––––– 36 ––––––

Sr. Caboceer Acheron, Bahia, 13 July 1850

I transmit to you a duplicate of my letter of the 30th April,

46 which

enclosed the account sales of two bales, from which I deducted the freight of

two other bales, which I then sent to Rio de Janeiro, so that there remained

46$600 due by you. I now forward a copy of the account which, deducting

the above debt and my commission, the remaining net amount is 605$142,

which I send by the “Industrie”, as stated below. Our accounts are thus balan-

ced; and my advices to you, to the effect that I could receive no more commis-

sions to sell bales, are now confirmed. I wish you good health, and I am yours.

(Signed) Franco. Je. Godinho

Note Net of the account sales 678$200


Due to me 46$600

66$946

611$254

Commission on remittances 6$112

605$142

Receipt on board 6$142

Rs.599$000

19 ounces 31$000 589$000

5 dollars 10$000

Remittance 599$000

–––––– 37 ––––––

Sr. King Cocioco Bahia, 28 July 1850

I received your favor dated the 4th ultimo, inclosing the bill of lading of

ten bales by the schooner “Andorinha Felliz” on your account, only five

arrived here; the other five were drowned in the course of embarkation; one

of them came with the smallpox; he is under medical cure, and I do not

know if he will recover. The best of the four, a young man, was sold for 400

reis, the other three are rather old, and I am endeavoring to sell them for

what they will fetch. As soon as all are disposed of I will forward at once the

account-sales, and I believe the produce will not be sufficient for your

commissions, which may serve for your guidance. Any balance I shall remit

to you in cash, as you direct unless you have any further orders. I have no

time for more. I wish you health and happiness, and am yours.

For Joaquim Lopes Pereira

(Signed) Franco Lopes Roiz


–––––– 38 ––––––

Rey Cocioco ao Senhor Pereira

Snr. Iguacio Pereira. Onim, 4 d’Agosto, 1850.

TENHO lhe escripto varias cartas e ainda nao recebi sua pois suo filho

sempre me pede pa. eu lhe escrever, e en mto. desejo tenho q. Vmce. aqui

venha pa. eu lhe ver e Vmce. tambem, avello; ello suo filho lhe mda. mto.

lembranca.

Sem ms. por agora so lhe dezejo tudo bom por ser &c.

REI COCIOCO.

–––––– 39 ––––––

Senhor Roiz ao Rey Cocioco.

Sr. Rei Cocioco. Ba., 7 d’Agosto, 1850. EM 28 do passado lhe respondi o seu favor de 4 de Junho, qe. capiava o

conhecimto. de 10 F. vindos de sua conta na escuna Andora. Fellis, dos

quais tomei conta de 5, e estes dizerem, terem os outros 5 falecidos afogados

nessa, na ocaziao do embarque, como Vmce. sabera. destes hum chegou com

bexigas, e julgo nao escapara, vendi hum como ja lhe fiz ver pr. 400rs. e os

outros trez ficao em ser pr. ninguem querer pr. serem mto. velhos, contudo

fico fazendo toda deligencia a ver se os vendo pr. mais ou pr. menos, e do

rezultado lhe farei siente se ells lorem mossos de 16 a 20 annos ja estariao

vendidos, mais velhos so a rasto de barato, e a sim mmo. fiados pr. 6 e 8

mezes, pr. tanto nao pode o product delles, chegar nem pa. a metade do valor

das incomendas q. Vmce. pede. o q. tudo lhe sirva de governo. Dezejo lhe

saude e boas fellicide e sou. &c.

FRANCO. LOPES ROIZ.

–––––– 40 ––––––

Senhor Roiz ao Rey Cocioco. Sr. Rei Cocioco. Ba., 13 d’Agto., 1850.

ESTA tem a confirmar as mas. duas las cartas, a Vmce. dirijidas, e

agora, dizer lhe q. o F. de sua conta q. se achava con bexigas, esta escape,

mais faleceu hum outro de s. conta, de hum ataque repentino, q. poucos dias

durou, ficao em ser trez, que pr. velhos nao se tem podo. vender, o q. tudo

lhe sirva de governo. Dezejo lhe saude e fellicid., e sou, &c.

FRANCO. LOPES ROIZ.


–––––– 38 ––––––

Sr. Ignacio Pereira Onim, 4 August 1850

I have written to you several letters and have not yet received any from

you. Your son is always asking me to write to you, and I wish very much

you would come here, that I may see you, and that you may see him. Your

son desires his best remembrances to you.47

I have nothing more to say at

present, except that I wish you well.

Yours,

(Signed) King Cocioco

–––––– 39 ––––––

Sr. King Cocioco Bahia, 7 August 1850

On the 28th ultimo

48 I replied to your favor of 4

th June, inclosing the bill

of lading of ten bales which came on your account by the schooner

“Andorinha Feliz” five of these I passed to account, and they tell me that the

five others were drowned in embarking, as you will know. One of them

arrived with the smallpox, and I think he will not recover. I sold one of

them, as I have told you for Rs400, and the other three remain on hand; no

one will have them because they are very old; I am however endeavoring by

all means to dispose of them for what they will fetch, and will let you know

the result. If they were youths of 16 to 20 years old, they would have been

sold already; but old ones are not saleable unless at a very low rate, and for

six or eight months’ credit; their produce will not reach the half of the value

of the articles which you want; and this may serve you’re your guidance. I

wish you health and happiness

Yours,

(Signed) Franco. Lopes Roiz

–––––– 40 ––––––

Sr. King Cocioco Bahia, 13 August 1850

This will serve to confirm my two former letters49

addressed to you, and

to tell you now, that the bale on your account which arrived with small-pox

is recovered, but another of those on your account died of a sudden attack,

which lasted only a few days. There remain on hand three, which have not

yet found a sale because they are old; this must be for your guidance. I wish

you health and happiness and am yours.

(Signed) Franco Lopes Roiz


–––––– 41 –––––– Captain Desonnois ao Rey Cocioco.

Bordo da barca Franceza Industria,

Senhor, 28 de Agto., 1850. PARTECIPO a vossa Magestade el Rei Caxoco, qe. se acha a bordo da

barca Franceza Industria, os seu trez prezados Filhos, o Snr. Simplicio, e o

Snr. Lourenco, e o Snr. Camilio, os quaes estao de perfeita saude para lhe

dar mto. gusto, apezar qe. ells embarcarao no maior estado deploravel. Mto.

doentes; gracas a Providenca, tive o gusto de os salvar da Febre qe. reinava

na Bahia como ells mmos. lhe dirao, e os tratei como fossem meos propios

filhos, e so bastava lembranze qe. erao filhos de hum dos meos maior amigo.

Sou, &c.

DESONNAIS.

–––––– 42 –––––– Senhor Marinho ao Caboceer Achoroem

Sr. Cabeceiro Achoroem, Bahia, 9 de Setembro de 1850.

REMETTEMOS-LHE a c. v. do. f. q. nos consignou pela Fe em liqdo.

de 199$060 rs. qe. remettemos n’este Br. Esca. Sto. Andre ao Sr. Jo. Je. de

Lima pa. entregar a Vmce. em pesos a 19$0 como da nota abaixo, Rogando-

lhe outro sim nos dispense de recebermos mais f. seos, pr. qe. os negos. nao

estao para isto. Somos, &c.

JOAQM. PERA. MARINHO.


–––––– 41 –––––– On board the French boat “Industrie” 28 August 1850

Sir,

I inform your Majesty King Cocioco, that your three esteemed sons,

Simplicio, Lorenzo, and Camilio, are on board the French boat “Industrie.”50

You have the satisfaction of knowing that they are in perfect health,

although they came on board in the most deplorable condition, being very

ill. By the favor of Providence, I saved them from the fever which was

raging at Bahia,51

as they will tell you, and I treated them as though they

were my own sons; it was sufficient to remember that they were the sons of

one of my best friends. Yours, Desonnais.

–––––– 42 –––––– Sr. Caboceer Acheron, Bahia, 9 September 1850

We remit to you the amount of the bale which you consigned to us by the

“Fe” the net produce of which was Rs. 199$060. This we remit on board the

schooner brig “St André,” to Sr. Jo. Je [Joaquim Jerome] de Lima,52

to deliver to

you in dollars at 1980, as per note below, asking you at the same time to excuse

us from taking any more of your bales, because the trade in them is bad here.

Yours (Signed) Joaq[ui]m Per[eir]a Marinho

98 dollars at 1980 194$040

Half-dollar 1$116

195$156

Commission and freight, 2 per cent 3$904

199$060

(Enclosure)

Bahia, 9 September 1850

Account sales and net produce of the bales consigned to us by Caboceer

Achoroem, on board the Schooner “Fe.”53

That is to say:

8

On the right breast, 1 Marciana at 6 months 4,000$000

DEDUCTIONS

Freight, landing, stay and wrapper 141$000

Conveyance to the city, and stay there at 7$000

Food 20 days at 160 3$200

Medical attendance and medicine 5$740

Discount for the above term 24$000


200$940

199$000


–––––– 43 ––––––

Senhor Roiz ao Rey Cocioco.

Sr. Rei Cocioco. Ba., 11 de 7bro. 1850. DEPOER do sen favor, dactado de 15 de Julho passado, e serto em seu

contend, sou a responder. Fico depoer dos 5 F. vindos de sua conta no

palhabotes Mara., dos quais ficao vend. dous restao trez, incluindo hum mto.

velho, e sem hum pe, q. pouco ou nada pode dar, p. q. alem de velho, sem

hum pe, naosei pa. q. veio esto pois bem sabia q. o frete dessa pa. esta he

120 milreis com 50 e tantos milreis de ponto, desembarque, e mais

despezas, fica pr. 150 e tantos milreis, elle talvez nem pa, amitade do frete

de; dos 5 primos. vindos de sua conta no Fellis Andora. morreu hum de hum

gr. ataque q. so durou trez dias, os outros 4 ficao vendos., hum se pr. 400

milreis ado. os outros trez fiados pr. 8 mezes, a razao de 350 milreis pr.

serem mto. velhos. Fico deligenciando a venda dos 5 ultimos, e do rezultado

darei conta. Sem motive a mais. Dezejo, &c.

FRANCO LOPES ROIZ.

–––––– 44 ––––––

Avoce ao Rey Cocioco. Senr. Rei Cocioco.

Meu estimado amo, Ague, 21 de 7bro. de 1850.

ESTIMAREI que a o receber esta, esteje gozando de boa saude, e

jumtame, todo sua fama., he o qe. lhe apeteco essa serve tam som. saudar-

lhe, pr. ter occazm. de par. pa. ahi. Meu amo. ca tivemos a noticia qe. o seu

Povo lhe sercarao a caza, pa. Vmce. nao sahir, e qe. nao lhe querem ms. no

governo, pm. eu mmo. sei que os seus Pes, nao sahira ms. de sua caza, pa.

hir ms. em outra banda ps. a terra he sua, o por. desta lhe emtregara dous

Barcos, qe. eu lhe ofereco, logo qdo. sahir de la alguma canoa, escrevame

pa. meu governo. ps. vivo mto. tristonho com essa noticia, o ms. lembrancas

a toda sua fama.

Sou, &c.

AVOCE.


–––––– 43 ––––––

Sr. King Cocioco Bahia, 11 September 1850

Having received your favor dated the 15th

July ultimo, and read its

contents, I proceed to answer. I have received the five bales on your account

by the Schooner “Mara” [Mariquinha]54

of which two are sold and three

remaining including one very old and without a foot,55

which will fetch little

or nothing. Being without a foot besides being old, I do not see what he

comes for, as you know very well that the freight from thence to this is

Rs120$000 with 50$000 and odd of point, landing, and other expenses; this

makes above Rs150$000, and he will not fetch one-half the freight. Of the

five, which came on your account by the “Feliz Andorinha”, one died of a

violent seizure which lasted three days; the other four were sold; only one at

so high a rate as Rs.444$000; the other three, because they were very old,

produced only Rs350$000, at eight months credit. I am endeavoring to

produce a sale for the last five, and I will send you an account of the result. I

have no more to say.

I wish you, &c.

(Signed) Franco. Lopes Roiz.

–––––– 44 ––––––

Senhor King Cocioco

My esteemed friend, Agué, 21 September 1850

I hope that this will find you in good health, as well as all your family;

this is my desire. The present is only to salute you, as I have occasion to

send to your place. My friend, the report has reached us that your people

have surrounded your house, and will not let you get out, and that they no

longer want you to govern them; but I myself know that your feet will not

leave your house to go to the other side, for the land is yours; the bearer of

this will deliver to you two boats which I offer to you.56

As soon as any boat

leaves, write to me for my guidance, because I am very melancholy about

this report. Best remembrances to all your family.

Yours,

(Signed) Avoce57


–––––– 45 ––––––

Senhor Bello ao Rey Cocioco.

Snr. Rey Cocioco.

Amo. e Snr. Ba., 28 d’Outubro de 1850. NO 1 do eurr. chegou a meo poder a sua carta de 21 d’Agosto, com o

Co. de 22 Fardos q. por s. e. me consignou pela Esenna Liberal, dos quaes

tomei conta, e tenho vendido 19 por 375$000, 1 por 380$000. a pagar em 8

mezes, e 2 sao em ser pa. se beneficiarem. Com o Brigue Uniao me veio a

sua de 2 de Setembro, e por elle nao recebi os fardos em q. me falla por

virem n’aquelle primeiro navio. Na primra. Embarcacao q. eu ahi mdar. lhe

enviarei o seo dinro.

Como o Governo esta decedido acabar este negocio, deseja por isso nao

me continua as suas remussas, entretanto q. pa. negocio licito d’az., panos, e

marfim, sempre serei pronto io servilo como seo, &c.


–––––– 46 ––––––

Senhor Pereiro ao Rey Cocioco

Senr. Rey Cocioco.

Amo, Senr., Ba., 5 de Obro. de 1850. AQUI cheguei com 32 dias de viagem sem novide. Hoje deve Vme.

estar de posse da conta de venda q. lhe remetou o meu amo. Franco Lopes

Roiz, dos premeiros sinco cativos q. vierao pa. suas emcomendas, e pla.

mma. conta vera q. tendo morrido hum. de hum ataque q. lhe deu no ponto

do Sr. Joao da Cta pouco ms. renderao os outros plas. suas mas qualidades, e

mmo. a contisse com os outros sinco q. ja estao vendidos (porem fiados) e

que em lhe hum tinha hum pa de menos, q. foi vendido pr. sem milreis

quando fiz de despesa cento e secenta milreis, em fim Vm. bem. sabe aqui

embarcou.

Aquelle q. Vm. mandou troear no ponto aqui nao chegou a tempo, e q.

me disse que escrivesse pa. nao ser vendido, tambem tive o importunio de

qdo. aqui chegao as mas. cartas ja estava vendido pa. for a da terra; assim

nao pode ser reservado pa. ofizio como Vm. a final determinava. Suas

emcomendas das campainhas estao-se fazeudo; porem estes cativos ja pr.

nao serem bonz, ja por serem poueos, nao chegao so pa. estas qto. Ms. pa.

as outras encomendas, pois Vm. sahe so as campainhas eustad hum conto e

duzentos so as 4. o q. lhe sirva de governo, e espero q. Vm. mande mais

seguir que lhe mande todas as suas emcomendas ps. bem sabe q. ellas custao

mto. diro. Tudo esta mto. apertarlo respeito a cativos, e isto esta mto. mais

pr. aqui. Estimo saude e deponha, &c.

JOAQM. LOPES PERA.


–––––– 45 ––––––

King Cocioco

Friend and Sir, Bahia, 28 October 1850

Your letter of the 21st August reached me on the 1st instant with 22

bales consigned to me on your account, upon the schooner “Liberal;” these I

brought to account and sold 19 of them for 375$000 [each],58

one for

380$000, to be paid in eight months, and two remain on hand to recover.

Yours of the 2nd

September came to me by the brig “Uniao” and by it I did

not receive the bales which you said were coming by the first ship. I will

send you your money by the first vessel that I dispatch to your country.

As the Government is decided upon putting a stop to this trade, I am

desirous that you should not continue to make consignments to me,59

but in

the meantime for the lawful trade in oil, cloths and ivory. I shall always be

ready to serve you. I am, &c.


–––––– 46 ––––––

King Cocioco

Friend and Sir, Bahia, 5 November 1850

I arrived here without accident after a 32 days’ voyage. You must now

be in possession of the sales account sent to you by my friend Francisco

Lopes Roiz, of the first five slaves who came in payment for your

commission, and you will see by that account, that one of them died of a

seizure in the store of Mr. Joao da Cta [Costa?], the others fetched but little

more, in consequences of their bad qualities, and the same was the case with

the five others, who are sold (but on credit), one of whom lacked a foot, and

was sold for 100 milreis, when the expenses of his conveyance as you well

know, was 160 milreis.

The one you sent as replacement did not arrive in time, and as to the one

which you told me to write about that he should not be sold, it was

unfortunate that when the letter arrived he had been already sold out of the

country; he could not therefore be reserved for the instruction which you

finally gave. Your commissions respecting the bells are being executed, but

as these slaves are not good ones, and are but few, they will not fetch enough

for them, and still less for your other commissions, for you know that the

bells alone cost 1,200$000 for the four, which may serve your guidance. I

hope you will send more, that all your commissions may be executed, for

you are well aware that they cost a good deal of money. The trade in slaves

everywhere has nearly ceased, and here especially. I wish you health, &c.

(Signed) Joaqm. Lopes Pereira


N.B. – Nao lhe mando huns charutes pa. Vm. fumar pr. este navio nao

querer receber. Nesta occaziao o amo. Lopes Roiz remete a conta de venda

dos ultimos cinco.

PERA.

–––––– 47 ––––––

Senhor Bello ao Rey Cocioco.

Snr. Rey Cocioco.

Amo, e Snr., Bahia, 21 de Novembro 1850.

POR duplicado lhe escrevi em 28 do passado, depois nao tenho recebido

novos favores seas a q. responda. Junto tem conta de venda de sua ultima

remessa no valor de rs. 3,553$350, q. lhe tenho creditado. Hoje vai sabir o

Patacho Portuguez Dois Irmaos com o Capa. Gaspar. a quem tenho ordenado

lhe pague aquelle valor em pezos on em tabaco, se assim for da sua

aprovacao. De novo lhe rogo me despense por em quanto de receber aqui

suas remessas, pois q. os negocios n’este paiz nao vao bem no entanto eu

sempre terei en ma. lembranca a urbanidade e franqueza com q. me tem

traetado, e serei o primeiro a procural-o quando for occaziao por ser com

verdadeira estima seo, &c.


Fexada em 11 de Dezo. pr. lhe dizer q. se he meo amigo nao me consegue

suas remessas de Cativos, pr. q. de m. c. eu nao os quererei ainda q. ahi se

possao comprar a 5 e 6 Rs.


N.B.—I do not send you any cigar to smoke, because this vessel will not

take them. My friend Lopes Roiz sends by this opportunity the sales account

for the previous five.

Pereira

–––––– 47 ––––––

King Cocioco

Friend and Sir, Bahia, 21 November 1850

I wrote to you in duplicate on the 28th

ultimo,60

and I have not

received anything more from you to reply to. Enclosed is a sales account of

your last consignment, amounting to Rs. 3,553$350, which I have credited to

you. The Portuguese schooner Dois Irmaos (Dois Amigos?) goes away

today with Captain Gaspar, whom I have ordered to pay the above sum to

you in dollars or in tobacco, as you approve. I will again ask you to not send

me any more consignments, for trade is not good in this country. I shall,

however, always keep in my remembrance the urbanity and frankness with

which you have treated me, and shall be the first to obtain for you anything

you may be in want of, as I am with real esteem, yours


I write on the 11th December to tell you that if you are my friend, you will

not consign any more slaves to me; for I would not have them on any

account if even they could be had at 5 or 6 reis each.

(Enclosure)

Account sales and net produce of 22 bales consigned to me on this account,

by King Cocioco, on board the yacht “Liberdade,” which arrived on the 1st

October1850.

Right Breast At 6 and 9 months

1 0 1 Sold to Luiz Pera. Franco 380$000

19 0 1 Ditto to Visconde da Torree at 375$000 7,125$000

0 2 22 Ditto to Toba, defective 430$000

20 2 24 7,935$000

DEDUCTIONS

Freight, landing, and point @ 151$000 3, 322$000

Conveyance and warehouse 154$000

Feeding 28$800

Discount 1 per cent for 6 months 476$000

Postage 4$000

Commission 5 per cent 396$750


–––––– 48 ––––––

Senhor Mey ao Rey Cocioco.

Sr. Rey Cocioco. P. Novo, 22 Decbro. 1850.

AO, tenho recibido sua carta de 13. Vejo Vm. dizerme q. fe compre

huma mulher q. pro motivo de nao querer hir pa. sua companhia Vm. me

manda vender. Sou a decir-lhe q. a . dita mulher nao valle hum copo

d’agoardente mais prejuizo he pescoer semelhante mulher.

Pro tanto sinto nao le poder servir a seo portadr. a torna levar, ps. milhor

sabera Vm. a seo destino. Goze saude e sou, &c.


–––––– 48 ––––––

King Cocioco,

Friend, Porto Novo, 22 December 1850

I have received your letter of the 13th. You asked me to buy you a woman

and because she does not want to be with you, you want me to sell her. I

have to tell you that the woman is not worth a glass of brandy; it is a loss to

have such a woman. In the meantime I am sorry that I cannot help you to get

your bearer back again, but you know, perhaps, what is become of him. I

wish you health, and am, &c.

(Signed) Mey [Domingo Martinez]


NOTES

1 Andorinha (#4582), an 80-ton Brazilian yatch owned by Joaquim Pereira Marinho and

under Captain M. A. Joao Pereira. Arrived with 420 slaves in Bahia on 17 September 1847. 2 A 64-ton Spanish vessel, under Captain D. Benito D. Mayol left Bahia on 10 Nov. 1847

and returned with 230 slaves on 16 Jan. 1848 (voyage id. #3772). Also called “Calumnia.” 3 Born in 1791, d'Almeida began trading with West Africa first as a ship crew and later

importing slaves. He might be the captain of the ship Ave Maria (vide 3870) which took

slaves from the Bight of Benin to Bahia in 1844. 4 Portuguese version says June 4. Also see Verger, Trade Relations, 404. 5 Possibly the 263-ton polacca schooner Bella Miquelina (voyage id. 3773) under Captain

Henry Jose Viera da Silva, and a crew of 17, which left Bahia on 22 November 1847 and

returned with 340 slaves on 18 January 1848 Also a brig #3680, belonging to Domingo

Gomes Bello. It left Bahia on 17 February 1848 and loaded 522 slaves from Lagos on 22

April before it was seized on 29 April and sent to Sierra Leone. 6 An 80-ton yacht (voyage id. 3778) under Capt M. J. P. de Fonseca. It left Bahia on 17

January 1848 and returned on 21 March with 430 slaves. 7 Left Bahia again (voyage id. 3784) on 17 April and returned on 8 June with 500 slaves.

In May 1848, the British navy seized Andorinha [voyage id. 3676] under Capt. A. C.

Giraldis with 501 slaves on board. 8 Andre Pinto da Silveira, a Brazilian Creole, traded in the Bight of Benin from 1812 to

1846. His journey to Bahia in April 1846 on the Novo Destino and return in July on the

Eclipse accompanied by Marcos Ferraz and Jose Couto is documented in Verger, Trade

Relations, 393, 405, 422. 9 British consulate records in Bahia refer to Eduardo Gantois and his ships owned jointly

with Martinez, Pailhet and Marback. Gantois was Belgian; his first two associates were

French and the third a Briton from Liverpool. John Parkinson reported on 29 May 1836 that

the real owners of the Esperança (voyage id. 2527) and the Atalaya (voyage id. 2520) were

Gantois and Martinez, who only appeared in the papers as consignees of these ships. On 26

January 1840, Gantois and Martinez sent an agent, Manoel Joaquim Bacelar to Lagos and

gave him a commission of six dollars per each slave purchased and an additional 100

dollars for his other expenses. See Verger, Trade Relations, 399. 10 See letters #16 and #27. 11 It is difficult to make sense of words in this bold section. 12 The last two sentences are left out in the English transcript. I thank Daniel Domingues

Da Silva and Vanessa Oliveira for pointing this out. 13 Jose Joaquim de Couto. Couto was Kosoko’s military adviser. 14 Belonged to Joaquim Alves da Cruz Rios. 15 Old slaves cost less but were unattractive to buyers. 16 It is unclear if the reference is to letters or hats. 17 Ele deve ser “seu irmão escravo.” 18 Among the vessels captured in the preceding weeks was the Andorinha. See Consul

Porter to Palmerston, August 1849, FO 84/767, TNA and Verger, Trade Relations, 401.


19 19 Setembro 20 Words not decipherable 21 For evidence of Kosoko’s military preparedness, see Smith, Lagos Consulate, 18-33. 22 This is Carlos Jose de Souza Nombre, a leading Brazilian trader in Lagos who tried to

broker peace between Britain and Kosoko in late 1851. After unsuccessful negotiations with

the British, he tried to win French support for Kosoko. British soldiers destroyed his slave

barracoon in December 1851. See John Beecroft to Palmerston, 26 Nov. 1851, FO84/892,

TNA; Beecroft to Palmerston, 30 November 1851, FO84/858, TNA and inclosure 1 in no.

73, Wilmot to Bruce, 11 February 1852, HCCP, Slave Trade1852/53, Class A. 23 This is a new barracoon that Martinez created at Ibese west of Lagos. 24 See letter in John Beecroft to Palmerston, 19 February 1852, FO 84/886, TNA. 25 The original English translator misunderstood this sentence and thought that the trader

sold only 6 of the 12 packages, while the Portuguese version of the letter clearly states that

he sold “nine at 370$000” as soon as the twelve arrived and “three remained on hand.” 26 See letter #19. 27 The Portuguese version says “vallos” but this could be a miscopying of fardos or

“rollos” i.e. rolls in English. 28 American dollar valued at 20 British pence. See Jan S. Hogendorn and Maria Johnson,

The Shell Money of the Slave Trade (Cambridge: Cambridge University Press, 1986). 29 This reveals a friendship and personal acquaintance between families of Bahian and

Lagos traders. 30 A suburb of Lagos called Bariga might have been named after him. If so, this could

suggest a secret slave depot hidden from British patrol on the lagoon front or a trade post

between Lagos and hinterland traders. 31 Tapa Ladunji Osodi, a Nupe royal slave and soldier (ibiga). See Losi, History of Lagos,

24, 81 and Akintan, Awful Disclosures on Epetedo, 3. 32 On the Yoruba textile dye industry, see Judith A. Byfield, The Bluest Hands: A Social

and Economic History of Women Dyers in Abeokuta (Nigeria), 1890-1940 (Portsmouth,

NH: Heinemann, 2002) and Caroline Keyes, “Adire: Cloth, Gender and Social Change in

Southwestern Nigeria 1841-1991,” Ph.D. thesis, University of Wisconsin-Madison, 1993. 33 See letters letter #18, #25 and #27 34 Vessel belonged to Joaquim Alves da Cruz Rios, an ally of Joaquim dAlmeida,

Domingos Jose Martinez, Joaquim Pereira Marinho, Francisco Godinho and Jose Francisco

dos Santos. See Verger, Trade Relations, 402-03. 35 Verger, Trade Relations, 401 36 Perhaps J.L. Gomes, captain of Graciosa Vingativa (id. 3471) which carried 130 slaves

from Lagos in 1844. See John Whateley to Aberdeen, 30 June 1844 in General Report of

the Emigration Commissioners 20 (1844). 37 This translation also draws on a version published in Verger’s Trade Relations, 400. 38 Such as Dada Antonio (above), Akanbi also fled to Epe in 1836. Cf. Losi, History of

Lagos, 24.


39 Royal messenger 40 On navigation in the Bight of Benin, see Law, “Between the Sea and the Lagoons: The

Interaction of Maritime and Inland Navigation on the Precolonial Slave Coast,” Cahiers

d'etudes Africaines 29:114 (1989), 209-37. 41 Scala wrote in 1852: “the palace is “distinguished from the others by its roof which is

made of tiles instead of leaves, a privilege to which he [King] alone is entitled.” The first

roofing tiles were imported by Oba Akinsemoyin (1760-c1775). Oba Dosunmu rebuked

Scala for having used locally-made tiles on the roof of his warehouse at Lagos. See Smith,

ed., Memoirs of Giambattista Scala: Consul of His Italian Majesty in Lagos in Guinea,

1862 (Oxford: British Academy , 2000), 13; Smith, Lagos Consulate, 8, 74, 94, 162 and

Ajisafe, History of Abeokuta, 87 42 Perhaps the Basorun (aka Osoun-Ejidun), a Lagos war chief (abagbon). See Losi,

History of Lagos, 10. 43 Visit to Abomey confirmed in Forbes, Dahomey and Dahomians, II: 58. 44 The actual date should be 29 May 1850 and not 24 May 1850 and 29 May 1851 which

appear on the transcript. 45 Letter #33. 46 Letter #31, Godinho to Acheron, 30 April 1850. 47 Traders served as guardians to their partners children in Lagos and Brazil. It is unclear,

however, if Pereira was an Aguda with families on both sides of the Atlantic. 48 Letter #37, Franco Lopes Roiz (for Joaquim Lopes Pereira) to Cocioco, 28 July 1850. 49 Letters #37 and #38. 50 See letters #30 and #35, Godinho to Cocioco, 30 April and 13 July 1850. 51 Yellow fever ravaged Bahia between 1849 and 1850. See Franco Odair, História da

Febre-Amarela no Brasil (Rio de Janeiro: Ministério da Saúde, Nacional de Endemias

Rurais, 1969), 24-27. 52 Presumably the emigrant identified as “formerly resident in Lagos” and Kosoko’s

secretary and artillery expert. See Richard F. Burton, A Mission to Gelele, King of Dahomey

(London: Tinsley Brothers, 1864), II: 8-9 and Smith, “To the Palaver Islands: War and Dip-

lomacy on the Lagos Lagoon,” Journal of the Historical Society of Nigeria 5:1 (1969), 7. 53 Landed 400 slaves in Brazil in 1850. 54 A 135-ton schooner (voyage id. 4607), owned by Gabriel José Antônio. It disembarked

300 slaves in Brazil in August 1850. 55 Letter #46, Joaquim Lopes Pereira to Cocioco, 5 November 1850. 56 Canoes needed in pursuance of the Lagos civil war. “Your feet will not leave your

house” is a West African metaphor for “be steadfast,” “you will prevail.” 57 Avoseh was a Fon trader resident in Agoué (Togo). 58 See letter #47, Bello to Cocioco, 21 November 1850. 59 Brazil effectively ended the slave trade in 1850. Also see letters #29 and #47. 60 See Letter #45.


DOCUMENT 3:

THE SOUTHERN NIGERIA NATIVE HOUSE

RULE ORDINANCE (1901)

INTRODUCTION

Olatunji Ojo

he Southern Nigeria “Native House Rule Proclamation” scheme

had been proposed by Sir Ralph Moor,1 and had resulted in a

1901 law that abolished the status of slavery and converted slaves

into house members. The Ordinance defines a “House” (Ijo: Wari) as “a

group of persons subject by native law and custom to the control,

authority and rule of a chief, known as a Head of House.” Membership

of a House “includes any persons who by birth or any other manner is or

becomes subject to the control, authority and rule of a Head of a

House.”2

Although the system of "houses" had its roots in Kalabari

society, Moor extended the “House Rule” to Igbo, Ibibio and Edo

societies as if they had the same tradition. This Proclamation No. 26 of

1901 became Chapter CXXI of the Nigerian criminal code and is

reproduced here.3 The chief or head of a house was given legal authority

over members, thereby effectively giving the head of the house absolute

authority over house members, including slaves. The Colonial Office

waxed enthusiastic over this scheme, which has been the subject of

ridicule by Joseph C. Anene.4 Lord Frederick Lugard, upon his appoint-

ment as Governor-General of the newly unified Nigeria in 1911, presided

over the repeal of this Southern Nigeria law in 1914, the repeal taking

effect on January 1, 1915. Lugard explained that “House rule was not

thereby abolished, but the denial of the assistance of British courts in

enforcing the will of the head of the House, and of Government police in

capturing fugitive members, struck a death blow to the system.” In effect,

Lugard thus abolished the legal status of slavery in Southern Nigeria in

accordance with the policy that he had enacted in the Protectorate of

Northern Nigeria when he was High Commissioner. Among the

T

128 OLATUNJI OJO

numerous complaints concerning the system were (1) acceptance of the

uncorroborated oath of the head of a house was sufficient to convict a

vagrant; (2) arrest could be without warrant; and (3) the penalty, a year’s

imprisonment, was severe. Problems with the Proclamation are discussed

below in CSE 35/1/2 Native House Proclamation No. 26 of 1901:

Southern Nigeria, Memorandum on The Native House Rule

Proclamation, Nigerian National Archives, Enugu.

NOTES

1 Sir Ralph Denham Rayment Moor (1860–1909) was born on 31 July 1860 at The

Lodge, Furneux Pelham, Buntingford, Hertfordshire, son of William Henry Moor (c.1830–

c.1863), surgeon, and his wife, Sarah Pears. Educated privately after his father's death, he

worked in the tea trade before entering the Royal Irish Constabulary as a cadet on 26

October 1882, becoming in due course a district inspector. In January 1900 Moor became

High Commissioner for the British Protectorate of Southern Nigeria. See Adiele E. Afigbo,

“Sir Ralph Moor and the Economic Development of Southern Nigeria, 1896–1903,”

Journal of the Historical Society of Nigeria 5:3 (1970), 371-97; and John D. Hargreaves,

“Moor, Sir Ralph Denham Rayment,” in Oxford Dictionary of National Biography, 2004.

Cf. http://dx.doi.org/10.1093/ref:odnb/35086 2 See Rev. John. H. Harris, “Domestic Slavery in Southern Nigeria,” West Equatorial

Africa Diocesan Magazine 87 (1911), 110. 3 See "Report by Sir Frederick Lugard on the Amalgamation of Northern and Southern

Nigeria and Administration, 1912-1919" (1919), Cmd 468, paragraph 23; and Margery

Perham, Lugard: The Years of Authority, 1898-1945, (London: Collins, 1960), vol. II, 458.

A copy of the Southern Nigeria 1901 House Rule ordinance can be found in The National

Archives, Kew (TNA) CO 520/7, Proclamation No. 5 of 1901 and TNA, CO 520/14, Ralph

Moor to Colonial Office, 24 April 1902. Also see Percy Amaury Talbot, The Peoples of

Southern Nigeria, vol. 3, Ethnology (London: Oxford University Press, 1926), 693-707. 4 Joseph C. Anene, Southern Nigeria in Transition 1885-1906: Theory and Practice in a

Colonial Protectorate (Cambridge: Cambridge University Press, 1966), 294, 305-308.

SOUTHERN NIGERIA NATIVE HOUSE RULE 129

CHAPTER CXXI

NATIVE HOUSE RULE

(P. No. 26-1901) 1

Native House Rule 1250

1. Where a member of a House is charged upon the

oath of the Head of a House or his representative with an

offence under the last proceeding section, the Commis-

sioner before whom the charge is made may issue a

warrant directing the person named therein to arrest and

bring before him such member of the House to be dealt

with for the offence with which he is charged.

Warrant for arrest

member of House

committing an

offence.

2. Every Head of the House who neglects or refuses to

perform, or acts in contravention of, the obligation

impressed upon him by Native law and custom towards

any member or members of his House shall be liable on

conviction to a fine not exceeding fifty pounds, or to

imprisonment with or without hard labour for any term

not exceeding one year or both.

Offence by Head

of House against

law relating to

Houses penalty.

3. Any person wandering abroad or having no

apparent means of subsistence may be arrested by any

Officer of any Court within the district in which such

person is found without a warrant, and brought before

the Commissioner of such district, and questioned as to

his means of subsistence and to which House he belongs.

If it appears that he belongs to a House, notice shall

be given to the head of such House, who may thereupon

commence such proceedings within seven days after the

receipt of such notice, such person, unless he proves that

he has sufficient means of subsistence or that his want of

such means is not the result of his own fault, shall be

liable to imprisonment with hard labour for any term not

exceeding one year.

Wandering

members of

Houses and

destitute persons.

4. In any proceeding under this Ordinance, whether, it

imposes a fine or term of imprisonment or not, may

order:-

Power of Court to

order

130 DOCUMENT 3

(i) That the defendant pay to the complainant such

sum as the Court may think fit as compensation for any

loss or injury

Sustained by him by reason of the offence committed; or

(ii) That upon payment of such sum or fulfillment

of such the complainant or defendant be discharged from

further performance of all or part of the obligations

imposed upon him by Native law and custom relating to

Houses;

(iii) That the term of any arrangement agreed to by

the parties for the settlement of any question with respect

to their obligations under Native law and custom relating

to Houses carried into effect.

Any person who shall commit a breech of any order

under this section shall be liable to imprisonment with or

without hard labour for any term not exceeding six

months.

Payment of

compensation

Discharge from

obligations.

Fulfilment of

terms of

settlement.

5. Every person who resists or obstructs the lawful

apprehension of himself for any offence under this

Ordinance, or escapes or attempts to escape from

custody in which he is lawfully detained, shall be liable

to a fine not exceeding fifty pounds, or to imprisonment

with or without hard labour for any term, not exceeding

one year or to both.

Penalty for

resisting arrest

6. Any European Native (1) knowing s Native to be a

Member of a House employs such Native without the

express or implied consent of the Head of the House, or

(2) who not knowing that a Native is a member of a

House does not use every endeavour to ascertain

whether such Native is or is not a member of a House

before employing such Native, or (3) who not knowing,

notwithstanding that he has used every endeavour, that a

Native is a member of a House, employs such Native,

and subsequently discovering that he is a member of a

House fails to give notice of the fact to the Head of

House to which such Native belongs, shall be liable to a

Offences by

employee in

respect of

member of

Houses.

Penalty


fine not exceeding fifty pounds, or to imprisonment with

or without hard labour for any term not exceeding one

year, or to both.

7. (1) The Court may order any person convicted of an

offence under this Ordinance to pay all or any part of the

costs and expenses of the proceedings against him; and

(2) Where it appears to the Court that any

proceedings are malicious, vexatious, or frivolous, the

Court may order the complainant to pay all or any part of

the costs and expenses of the accused, and where the

accused has been arrested on a charge on the oath of the

complainant may order the complainant to pay in

addition to any such costs and expenses, or any of them

such sum not exceeding twenty-five pounds, as it may

think fit, as compensation.

Payment of

expenses and

compensation for

arrest

8. The Court may, at any time direct that payment of

the costs and expenses and compensation, or any of

them, ordered to be paid under the provisions of the last

proceeding section, shall be made on or before a

specified date, may also under order that if default is

made in such payment the person so directed to pay shall

be imprisoned with or without hard labour for any term

not exceeding three months, unless payment of such

costs, expenses, and compensation or any of them

ordered to be paid, be sooner made.

Imprisonment in

default of

payment

9. No imprisonment under the provisions of this

Ordinance shall operate as satisfaction or extinguish-

ments of any liability to pay any sum ordered by the

Court to be paid as such costs, expenses or compen-

sation, under the provisions of this Ordinance.

Imprisonment not

to extinguish

liability.

132 DOCUMENT 3

Memorandum on

The Native House Rule Proclamation No. 26 of 1901

Southern Nigeria2

1. In the Secretary of State’s dispatch confidential of 12th.

Dec. 1910

the question is raised as to whether the time has arrived for a careful

investigation in to the general system of House Rule and whether some

decisive step may not be taken in the direction of a system of free labour.

2. The House Rule system itself has been correctly referred to as one

of a temporary and transitional nature. The term Domestic Slavery was

undoubtedly an unfortunate one. It was bound to suggest, to a public not

conversant with its application, a system by which a race was certainly

down-trodden if not ill-used.

That such a suggestion would have been ill founded would I think

universally acknowledged by all who come into contact with it. It was a

system essentially native- and suffered, of course, like other system form

many weak points. The rough idea of Justice pervading all native

systems was however not absent. Possibilities of improving his status by

work and ability existed for each individual. Cases were not infrequent

when by good work and close attention to his master’s interests an

individual “slave” became a man of property and independence. It was

not exceptional to find that such a man had attained his “freedom”, or in

other words, become a “Member” proper of his House. When those in

authority were called upon to do away with this system expunge the

word “Slave” from the administrative dictionary, it was no easy matter to

find an adequate substitute and at the same time to uphold the traditional

authority of the Chief’s or “Heads” of Houses and the interests generally

of those concerned. The House Rule Proclamation was in the ingenious

but totally inadequate and “transitional” result.

3. This ordinance, has, however, undoubtedly had one desired result. It

has filled the gap and in many ways prepared the Chiefs for further

innovations. That it has worked harshly in many cases cannot, I think, be

denied. Not only Chiefs but all men of wealth practically “banked” in

“Slaves”. These “slaves” were well treated for the most part, well

housed, looked after sick well, and – though possibly a low one – had

status clearly defined and one which gave them a settled existence at a

minimum of trouble and anxiety.


4. The practical effect, however, of this House Rule enactment was the

ever increasing depletion of the “banking account,” viz: the running

away of “members” from their Houses. The system of House Rule was at

its greatest force in the old River Stations: Calabar, Opobo, Bonny,

Degma,3 Brass in the Eastern Province, Warri and Sepele,

4 in the Central

Province. In up country stations the ordinance defined a somewhat vague

system rather than formed a substitute to an existing Native’s custom. In

both cases, however, the chief drawback was the same. No one suffered

more from “runaways”, for instance, than the Attah of Idah and the

“King of Owo; two of the most northernly stations in the Central

Province. In the case of the former “members” had merely to walk in to

Northern Nigeria to free themselves from all obligations, and in the

latter, in to the Western (Lagos) Province to which the House Rule

Proclamation does not apply. Speaking generally the effect of the

enactment was somewhat analogous to a European community suddenly

being told a stronger power that it was wrong, in future, to have a

balance the bank and that conditions would be laid down under which

existing balances might be spent. The “Slaves” formed a cash balance

rather than “capital”. The less desirable and possibly the majority were

liable to immediate sale, exchange or “pledge:” perhaps the greatest of

all drawbacks belong to the system.

5. The women, provided they bore children, were in a somewhat

stronger position. Regarded naturally as more valuable they asserted in

most cases a position of usefulness for themselves in child-bearing,

marketing and farming. As regards, the old House Rule stations men-

tioned in Para. 4, the usefulness of otherwise of the men chiefly in their

“trading” and general ability.

6. The House Rule is undoubtedly dying a natural death, partly for the

cause already touched upon, and partly on account of the loss of

authority consequent on substituting a “foreign” for a “native” law.

Whether the inevitable end should be accelerated is questionable.

7. It is essentially that nothing should be done to further impair the

authority of the Chiefs as such or as Heads of Houses. Their

responsibility both in their domestic and administrative capacities should

be brought home to them more rather than taken away. The local

administration is based on them. The Native Courts, whatever their

shortcomings, enable the Government to make the best possible use of

the rulers of the country. The difficulties in Southern Nigeria are peculiar

as there is hardly a Chief whose authority carries twenty miles, and in

134 DOCUMENT 3

many Courts more than one language is spoken among those presiding

over them. To uphold the “traditional” authority of the Chiefs therefore is

a sine quâ non. How to establish the “individual” and at the same time to

do this is something of a problem. Every year brings us closer to the

inevitable and much desired labour market. This must however, one

would think, come naturally. It would surely be a mistake to force it.

Already there are signs here and there of work being “wanted” – but it is

work as natives understand the term. Work fixed regular hours, day by

day, appeal to them little. When “out of work” – and there is large

growing number of half-educated who represent themselves to be so –

they can still retire on the “family” or House and live on the. It is native

custom – a universal one, I believe – that militates strongly against the

establishment of a labour market, for none need starve. In my opinion,

the only real solution of the difficulty lies in education. A large

percentage of the next generation should be able at least to read and write

and, one hopes, a still larger percentage, have knowledge of some trade.

Technical education teaches, unconsciously, individuality and this as

inevitably reduces House Rule to “Home” or Family Rule. Feudalism

must give way to Individualism as represented b family life when the

Head of the Family is working by his brains or his hands to keep the

family and no longer finds a community ready to house and feed him

should he elect to remain idle.

8. I cannot personally recall any instance of a Chief taking advantage

of the Master and Servant Proclamation to add apprentices to his

household.

9. The Nature of the rights and obligations ordinarily enforced as

between Head of a House and its members is complicated and would

probably exhaustively dealt with, fill a volume. The distinction formerly

existing between a “domestic slave” and a member in regard to their

rights is for the most part a thing of the past. In one or two respects

however nothing – short of the people themselves doing it through

education – will alter old customs. Once a “slave” always a “slave” is the

rule in regard to many rights of inheritance. A “slave” cannot under any

circumstances, as a rule, become a “Chief” who be free born. The work

of a House too is divided up. A member told off to look after the trading

portion of the work would not be sent suddenly to look after the farm. A

“House” in its perfect form is really a corporate body administered by a

committee or, if a “strong” man by the Head only, on behalf of all of its

members. There are corporate funds to which every able bodied member


is expected to contribute. These funds besides providing for the civil

establishment of the Head are used by him to for all common purposes,

such as funerals, keeping lunatics, sanitation and cleaning, old age

“pensions”, sick and poor, and so forth.

10. Twenty years ago every House could provide the necessary labour

or funds required for any particular purpose. Now-a-days the most

important Chief in either Province could not man a single war canoe,

while many find it difficult to secure enough labour for their trade

canoes. The combination of boys running away and the educated

members obtaining working Government or mercantile offices reduces

their resources materially. Those living away escape, if they can, all

payments, while quite ready to admit that by native “custom” such

contributions are expected of them. The “right” of a boy to take work

offered to him is in practise established and as a rule a Chief complains

now not of the member being away at work, nor always of the absence of

any contribution but of his never returning to his “House” to make

“service” every year. In short, the educated portion lose touch with the

House they belong to and establish a home in interests of their own. Of

the un-educated who leave the House, a large portion lose themselves in

other tribes and become subject to others, generally through debt; while

those who have any grit in them come to the top as in any other country.

There are rarely, if ever, any complaints to the nature of the duties a

member can be called on by the “Head” to carry out. The real trouble is

as indicated above where ordinance and native custom alike clash with

the natural desire of the individual to secure his own independence. In

this sense and from this point of view the House Rule cannot die too

quickly. The educated, however, at present form only a small minority

and the general security would be seriously distributed by any attempt at

“releasing”, wholesale, people who are not prepared, as yet, to stand on

their own feet.

In my opinion it would be feasible in the form of a money payment

subject to full enquiry in a Native Court presided over by a Commis-

sioner to provide for the discharge at the instance of either party of the

rights and obligations between a member and the Head of his House. I

would advocate a system of registration and certificate by which any

member can purchase his independence of a House by fixed payment to

the funds of the House- such payment being if necessary by instalments-

the independence being made good on payment of the last of such

instalments. The Native Courts are naturally not the best of tribunals in

136 DOCUMENT 3

which an action should be brought by a member of a House against the

Head of it or vice versa. I would provide for the establishment of any

alleged “rights” by a special Court, Consisting of the Commissioner of

the District with two or more Native assessors selected by him. In cases

where it can be shown that a member is living away from the House but

is in the process of being properly educated, or is earning his living

independently, the House Rule should, subject to a fixed payment as

above be inoperative.

13. To sum up: I am of the question that the House Rule Proclamation is

already from many points of view a dead letter and where it interferes

with the education or means of subsistence of any individual member it

should have no effect. That a fixed payment could be arranged fro

whereby any member could obtain this or her independence of a House.

That the obsequies of the Proclamation cannot well be anticipated or

accelerated. That the solution lies in Education, more especially technical

education, on which I believe must follow a natural labour market, the

growth of which must depend in its turn on the growing wants and higher

ideals of a better educated and more “advanced” generation.

If legislation on the subject is proposed I wore urge that in the first

place a local committee be appointed, consisting of Europeans and

Natives, to enquire fully into the whole question of the rights and

obligations of a member of a House in regard to its Head. I believe that

more definite rules governing the mutual obligations and rights of those

concerned might usefully be made. Such rules would however require

much consideration. It would be advisable, if not essential, to obtain the

advice and views of the better informed portions of the Native

community.

22 March 1911

NOTES

1 CSE 35/1/2 Native House Proclamation No. 26 of 1901, Southern Nigeria. 2 Nigerian National Archives Enugu (NAE), CSE 35/1/2 Native House Rule Proclamation

No. 26 of 1901: Southern Nigeria 3 Degema. 4 Sapele.


DOCUMENTS 4-9:

SLAVERY DOCUMENTS, PROTECTORATE OF NORTHERN NIGERIA

INTRODUCTION

Paul E. Lovejoy

he following documents provide an overview of British colonial

policy toward slavery in the Protectorate of Northern Nigeria. Sir

Frederick Lugard, first High Commissioner, instituted policies

that were intended to avoid the sudden abolition of slavery and thereby

ease the transition by which the large slave population in the conquered

territories of the Sokoto Caliphate, Borno, and neighboring areas that had

remained independent of the two Muslim states would achieve their free-

dom. As has been demonstrated elsewhere, the main points of British

policy effectively abolished the legal status of slavery without affecting

the existing relations between masters and the enslaved population. In

short, slaves were not emancipated, although the courts could no longer

uphold the rights of slave owners over their slaves. This policy inevitably

had its contradictions, particularly in relation to the status of any slaves

who decided to run away or otherwise refuse to obey their masters. The

result was what has been described as a “slow death” for slavery. In fact,

slavery continued to exist legally until 1936, when under pressure from

the League of Nations, all individuals in the Protectorate of Northern

Nigeria were declared free.

Lugard’s policies in abolishing the legal status of slavery were out-

lined in a series of memoranda, some of which are reproduced here. The

main points of these memoranda included the following:

1. Enslavement and the trade in slaves were declared illegal, criminal

offences to be tried in colonial courts.

2. Children born after March 1, 1901 were born free.

3. Otherwise, individuals were encouraged to negotiate terms of emanci-

pation based on existing Muslim practices and precedents, but other-

wise the existing social relations were considered to be continued.

T

138 PAUL E. LOVEJOY

The first document seems to be the only surviving public

declaration of slavery policy during the conquest of the Sokoto Caliph-

ate. Upon the occupation of the Emirate of Kano in 1903, Lugard

informed the defeated government that “it was not my intention to

interfere with the existing domestic slaves.”1 Although not reproduced

here, there were numerous memoranda that were exchanged among early

colonial officials debating the pros and cons of legal status abolition and

subsequently coded law and various byelaws.2 As these documents

reveal, there was considerable confusion in the minds of British officials

as to whether or not slavery was being continued or being abolished, and

whether or not this was a good idea. The subtle distinction between

abolishing the status of slaves in the courts but not actually emancipating

slaves was a difficult proposition. The policy derived from British

colonial rule in India, Burma and elsewhere in Asia as enacted in the

1850s and was similar to policies introduced in East Africa, Sierra

Leone, the Gold Coast (Ghana) and elsewhere in Africa. Whereas slaves

had been emancipated in British colonies in 1834, as is well known, this

was not the case for colonial administrative areas that were designated

“Protectorates.” In Africa emancipation of slaves only occurred in the

Colony of South Africa and the Colony of Sierra Leone, which included

only the peninsula on which Freetown is located and then later also

Sherbro Island, but not other parts of Sierra Leone that were designated

as a Protectorate.

The two most important documents were Memorandum No. 5,

initially written in 1905 and subsequently revised slightly in 1906, and

Memorandum No. 22 of 1906, which together were published for distri-

bution to colonial officials in Lugard’s Instructions to Political and Other

Officers, on Subjects Chiefly Political and Administrative (London:

HMSC, 1906). Memorandum No. 6 was entitled “Slavery Questions”

and provided a general overview of the policy of legal status abolition,

including details from various reports of the Residents from each of the

conquered provinces, while Memorandum No. 22 dealt with “The Con-

dition of Slaves and the Native Law Regarding Slavery,” which largely

drew on the views of British officials and the advice of local Muslim

jurists on how Islamic law was being interpreted in relation to slavery

questions. Both Memoranda provide invaluable information on how

British officials viewed slavery and the impact of British policy on the

very substantial enslaved population that had come under colonial rule.

Although briefly mentioned, the Memoranda do not discuss the massive

INTRODUCTION TO SLAVE DOCUMENTS, NORTHERN NIGERIA 139

desertion of slaves during the conquest and in the first years of colonial

rule, which was a vexing problem of social control that the British tried

to manage through vagrancy laws and the fiction that slaves and masters

were governed by contracts that determined the nature of work. Lugard

revised Memorandum No. 5 in May 1918, when he issued his Political

Memoranda: Revision of Instructions to Political Officers on Subjects

Chiefly Political & Administrative, 1913-1918.3

Among the problems that legal status abolition faced was the

question of inheritance, since previously masters inherited any property

accumulated by their slaves, and concubinage, that is, the status of

enslaved women who were taken as concubines by wealthy Muslims,

especially the aristocracy through whom the British colonial policy of

“Indirect Rule” was implemented. British policy can be understood

through two documents included here, the byelaws on inheritance from

1916 that show how policy was being implemented in Sokoto, and the

memorandum relating to concubinage and dowry from 1931. The

problems related to inheritance; were individuals who were deemed to be

slaves under Islamic law permitted to inherit. Moreover, women who

were taken as concubines, according to Islamic law could not legally be

free women, but since anyone born after 1901 was legally free, how were

concubines then subsequently to be obtained and what was their status?

These issues were effectively resolved, as set out in the final document

included here, which formally ended slavery by proclamation in 1936.

This does not mean that issues of inheritance and the status of

concubines disappeared, but both colonial courts and technically Islamic

courts now had to confront a situation in which not only the legal status

of slavery was abolished but also one in which all individuals were

declared to be free.

NOTES

1 Reproduced in Chinedu N. Ubah, Government and Administration of Kano Emirate,

1900-1930 (Nsukka: University of Nigeria Press, 1985), 217. 2 Over thirty memoranda and laws were issued between 1897 and 1936; see Paul E.

Lovejoy and J.S. Hogendorn, "Keeping Slaves in Place - The Secret Debate on the Slavery

Question in Northern Nigeria, 1900-1904," in Stanley Engerman and J.E. Inikori, eds., The

Atlantic Slave Trade: Effects on Economies, Societies, and Peoples in Africa, the Americas,

and Europe (Durham, N.C.: Duke University Press, 1992), 49-75; and Lovejoy and

140 PAUL E. LOVEJOY

Hogendorn, "The Development and Execution of Frederick Lugard's Policies Toward

Slavery in Northern Nigeria," Slavery and Abolition 10:1 (1989), 1-43. For a discussion, see

Lovejoy and Hogendorn, Slow Death for Slavery. The Course of Abolition in Northern

Nigeria, 1897-1936 (Cambridge: Cambridge University Press, 1993). 3 London: Waterlow and Sons, Ltd. 1919. Also see A.H.M. Kirk-Greene, ed., London:

Frank Cass, 1970.

African Economic History v. 40 (2012): 141

DOCUMENT 4:

PROCLAMATION ON THE CONQUEST OF KANO, 1903

Frederick D. Lugard

I emphatically forbade all slave raiding and all transactions in slaves, while

saying that it was not my intention to interfere with the existing domestic

slaves; but these would, like any one else in the land, at any time, have a

right to appeal to the Resident, and, if they proved cruelty on the part of

their masters, would be liberated. We recognized, I said, no less than they

did that labouring classes must exist, and I had no desire to convert the

existing farm and other labourers into vagrants, idlers, and thieves, but I

hope that they would by and by see the advantage of paid free labour,

which we considered more profitable and better than slave labour.1

NOTES

1 Chinedu N. Ubah, Government and Administration of Kano Emirate, 1900-1930

(Nsukka: University of Nigeria Press, 1985), 217.


DOCUMENT 5:

MEMORANDUM NO. 6 — SLAVERY QUESTIONS1

Frederick D. Lugard

1. From January 1st, 1900, when the Administration was

transferred from the Royal Niger Company to the Imperial

Government, up to April 1st, 1901, the only legislation regarding

slavery was the decree of the Royal Niger Company abolishing

the “Legal Status.” To explain the attitude of Government, and

the action which should be taken by Residents, several Memo-

randa had been issued prior to the enactment of “The Slavery

Proclamation” of March 31st, 1901, and these were superseded

by fresh instructions consequent on that Proclamation. The

enactment of “The Slavery Proclamation, 1904,” repealing that

of 1901, offers an occasion for again revising these Memoranda,

which are therefore cancelled.

1.

Action prior

to October,

1904

2. The observations I am about to make in this Memorandum

apply almost exclusively to the Mohammedan States. They may

be applicable in some degree to the few non-Moslem commu-

nities whom I have classed in the first group in Memo. 5, pares.

57-58, but among the uncivilized Pagan tribes, who have

practically no social grades, there is no excuse at all for the

system of slavery, and full effect can be given to the law with a

view to abolishing altogether the servile status where it exists

among them. The “Buzai” of the Asbenawa,2 however, appear to

be rather a feudatory clan than slaves in the proper sense of the

term, but the “Rengi”3 of North Borgu, though occupying

villages with chiefs of their own, would seem to be more rightly

described as Fulani Slaves.

2.

Chiefly

Applicable to

Moslems.

3. It is not unfrequently urged (especially by those who are new

to Africa) that Slavery is an institution well suited to the African,

affording conditions under which he is, as a rule, happy, and that

its supersession is a mistake. It is not possible in the compass of

3.

Reasons why

slavery is a

bad system

144 FREDERICK D. LUGARD

this Memo, to adequately discuss the reasons which have led

thinking men to condemn the system of slavery, but the

following are, in brief, among the principal ones. In the first

place, slavery cannot be maintained without a supply of slaves,

acquired under all the horrors of slave-raids, and transported with

great loss of life from their original habitation; this results, not

only in much human suffering, but also in a decrease of the

population, and consequently in a decrease of the productive

capacity of the country; secondly, no people can ever progress if

personal initiative and personal responsibility is denied to them,

as is the case with the slave class. That existing slaves may be

happy in their lot is no argument to the mind of anyone who aims

at the progress of the race in a remoter future.

4. Section 2 of the Proclamation abolishes the “legal status.”

This means that, in the eye of the law, property in persons (as

slaves is not recognized, and that a “slave” is accounted to be

personally responsible for his acts, and competent to give

evidence in Court. The institution of Domestic Slavery is not

thereby abolished, as would be done by a decree of general

emancipation, and, while as a matter of fact it gives a slave

means of asserting his freedom, it does not constitute it an

offence for a native to own slaves.4 A master is not compelled to

dismiss his slaves, and, so long as the two work harmoniously

together, the law does not interfere with their relations towards

each other. A slave has, however, the power of asserting his

freedom at any time, for, if he leaves his master, the latter can

enforce no claim to seize him, and is actionable if he resorts to

force. It should not be made a necessary antecedent to the

recognition of freedom that a slave should claim his freedom

before a British Court, and be able to show proper means of

subsistence if liberated. This has been done elsewhere in Africa,

with the practical effect of nullifying the law. The right of a slave

to assert his freedom when the Legal status is abolished cannot

be made dependent on such conditions, and no such limitation

(not sanctioned by the law) can be legally enforced. The attempt

to thus restrict the operation of the law appears to me to be

neither logical nor just, for since the law does not recognise the

Status of Slavery, it cannot detain a man in that status pending its

own act of liberation.

4.

Meaning of

the term

“Legal

Status”

MEMORANDUM NO. 6 — SLAVERY QUESTIONS 145

5. If, however, slaves were to be encouraged to assert their

freedom unnecessarily in large numbers, or if those so asserting

it, by leaving their masters without some good cause, were

indiscriminately upheld in their action by Political Officers, a

state of anarchy and chaos would result, and the whole social

system of the Mohammedan States would be dislocated. It might

even become necessary to legalise the institution under some

other name, as, apparently, has been done in Southern Nigeria. It

is, moreover, hardly necessary to point out that such a sudden

repudiation of their obligations to their employers by the mass of

the slave population would involve equal misery to the slaves

and to their masters. The former would have no immediate

means of livelihood, while the latter would be reduced to

beggary, and to detestation of British rule which had brought this

result about. The great cities would be filled with vagrants,

criminals, and prostitutes; even now the large majority of the

criminal class consists of runaway slaves. Moreover, to prema-

turely abolish the almost universal form of labour contract,

before a better system had been developed to take its place,

would not only be an act of administrative folly, but would be an

injustice to the masters, since Domestic Slavery is an institution

sanctioned by the law of Islam, and property in slaves was as real

as any other form of property among the Mohammedan

population at the time that the British assumed the Government,

a nullification of which would amount to nothing less than

wholesale confiscation. This is equally true of both household

and farm slaves. The status of the latter differs from that of

household slaves, and they appear to be rather serfs attached to

the soil than slaves, that is to say, they have certain rights as

regards produce, the houses they live in, and the hours or days

during which they are allowed to work for themselves. Their

status, privileges and duties are fully examined and described in

Memo.22, §2&4. It is important that these farm slaves or serfs

should not leave their traditional employment in agriculture, and

be induced to flock into the big cities as “free” vagrants without

means of subsistence. Residents will therefore do their best to

discourage wholesale assertion of “freedom” by such persons,

pointing out to them, when occasion arises, the liberality, and

from some points of view in present circumstances, the

advantages of the form of labour contract under which they

serve.

5.

Reasons

Against the

Wholesale

assertion of

freedom.


6. In a country in which (a) vast areas of fertile and well

watered land are lying uncultivated, and (b) the needs of the

peasantry are so small, while field labour is largely done by

women as well as men, and (c) the fertility of the soil is such that

it produces the small requirements of primitive man with the

very minimum of labour, it is conceivable that no class need

necessarily be dependent for its livelihood on employment for

wages, since every able-bodied man (or woman) could, with a

few day’s labour, build a hut and plant sufficient to maintain

himself for a year. What then should induce him to remain as a

serf or slave on his master’s land, and render a portion of the

products of his field to him, or even to work for hire as a

labourer? Under the old régime he was compelled to do so by

force, for, if he ran away, he would be recaptured, and no one

could farm land except under the protection of the powerful.

Secondly, the conquerors vested all rights in land in themselves,

and, therefore, no peasant could reclaim waste land, and build a

new village, without permission. But the security to life and

property, and the protection afforded to slaves equally with

others by Government, offer a strong inducement to farm slaves

to leave their masters, and form new communities. They are no

longer certain to be recaptured, while the rights of the Fulani in

the land have, in theory, been transferred to Government as the

Suzerain Power. It has thus become possible for farm slaves to

desert, and migrating to distant places to make new villages, or to

become traders on their own account.

6.

Inducement

to farm

slaves to

assert

freedom

7. Under these circumstances, it would, at first sight, seem

strange that so large a proportion of the slave class are still

content to remain in their former status, and that Government is

able to obtain so large a supply of labour for wages. The reasons

are, I think, to be found in a variety of causes. The adaptability to

circumstances, and disinclination to change, which prompt an

African to remain as he is and as his fathers were before him; the

facility with which the Native acquires a desire for clothing,

improved food, and other things procurable for money; his

natural aptitude for work; and, I will add, his love of being

associated with the ruling race, whether as slave or free labourer,

are all causes which operate to make him a contented serf, or, if

free, an industrious wage-earner

7.

Counter

tendencies.


8. Thus Government, by the very act of introducing security for

life and property, and by throwing open fertile lands to

cultivation, adds to the difficulty of the problem it has to solve,

namely, the creation of a labouring class to till the lands of the

ruling classes. The eventual solution lies, to a large extent, in the

application of the principles laid down in the Memo. On taxation,

and in the enforcement of proprietary rights in land. The Fief-

holder, with rights of property in the person and the labour of his

peasantry, is replaced by a District Headman, who is merely a

Government official, responsible for the collection of a

reasonable payment to the State-a payment made by each

individual according to his means, and not through a master or

owner. All communities will alike pay taxes, and these taxes,

being devoted in part to the Revenue, and in part to the Native

Rulers, will, together with the profits and rentals of their private

estates, provide the latter with the means of engaging free labour;

while the classes, who by trade or especial industry have

acquired wealth, will equally be able to pay for the labour they

need. The causes I have named will, and do, operate strongly and

increasingly to form a class willing to work for wages. These, it

appears to me, are, in brief, the embryonic conditions from which

an early stage of civilization is evolved. At a later stage the

pressure of population, leaving no fertile lands unoccupied, adds

the most powerful impulse of all to force the peasant population

to earn their livelihood by working for wages. Nor is it possible

(as has been said by Sir John Kirk,5 the greatest living authority

on the subject) for slave-labour and free-labour to exist side by

side, and I foresee that the cultivation of the estates of the upper

classes by slave-labour cannot last long. It is not the policy of

Government to hasten, but rather to retard, this inevitable

outcome, in order to prevent the estates of the upper classes from

going out of cultivation (with a consequent dislocation of the

social fabric) and to give these classes time to realise the

situation, and to substitute free labour for their failing supply of

slave-labour. This means which may be adopted to arrest too

rapid a change are dealt with in paras. 13 and 14. Residents will

do well to point these tendencies to the upper classes, and show

them how inevitable it is that the results I have described will

come to pass.

8.

Free

Labour; how

evolved


9. Meanwhile, another result is already becoming manifest.

The slave-owner, realising that he is powerless to retain or to re-

capture his slaves by force finds it necessary to treat them in such

a way as to induce them to stay of their own free will. Their

condition is thus improved, and the way is paved for the ultimate

change to free labour. “The result (writes Major Burdon6) is that

the existing slaves, having no longer the fear of sale or transfer

away from the connections they have made, have become more

contented, and less inclined to runaway; and on the other hand,

the masters having no longer the power to sell, nor the fear of

confiscation or desertion, have come to treat their slaves more as

part of the family. Desertion has become less common, and the

formerly prevalent custom of deserting in order to seek

Government employ is now very rare.” Similar reports reach me

form Kano, Yola, and many other Provinces.

9.

Amelioration

of condition

during

transitional

period

10. In order to assist the native proprietor to adapt himself to the

new regime, it is necessary to explain to him the practical

advantage of free labour over slave labour; in the theory, it is

probable that he will evince less interest, and it will suffice him

to know that it is the outcome of British rule, to which he must,

perforce, accommodate himself. The practical advantage to him

lies in the fact that, whereas the British Courts lend him no assis-

tance in compelling his slave to do his proper day’s work, or in

punishing him if he runs away—while the assistance of the

Native Courts is but a very precarious one—he can, if he

employs free labour, obtain the full assistance of the Adminis-

tration in enforcing the contract, and punishing its breach, and it

should be explained to him how he should enter into a contract

enforceable at law. It is not necessary that such contracts (in

order to be legally enforceable) should be in writing. A verbal

undertaking in the presence of witnesses is sufficient, and it may

be enforced either by a Provincial or by a Native Court. It is,

however, necessary in the first place to educate both the upper

and the servile classes to the idea of a free-labour contract

between master and servant. The Mohammedan Chiefs, whether

in the Fulani Emirates or in Bornu, are already familiar with the

idea of a contract, and merchants already engage free labour by

contract for the transport of their goods. Government, by the

employment of labourers on a free contract system, and Govern-

ment officials and other Europeans, by the engagement of free

domestic servants, have already familiarised the idea to many

10.

Advantage of

free labour

contracts.


thousands of the labouring class throughout the country. The

substitution, therefore, of this system for domestic slavery should

not be a difficult one. The chief difficulty seems to be to provide

the employers of labour with sufficient cash to pay their

employees a weekly or monthly wage; for, if payment be in kind

only, the servant is unable to save his wages to purchase when

and what he likes, and is dependent on instalments as they

become available at arbitrary valuations. In fact, the conditions

approximate to the slavery system. Here again, I see reasons for

thinking that the difficulty is one which is rapidly decreasing.

The existing cowrie currency and the rapid spread of coinage, the

fixing of rents and taxes payable in currency, and the increase in

wealth due to development and progress under British rule, will,

I trust, enable the master to meet his obligations to his servants in

the same way that he sees the British Officials doing. Nor is the

difference great between the free labour and the slave labour

contract in the case of farm slaves, since sale, already greatly

restricted by the Koran, is now illegal under Protectorate law. It

amounts to hardly more than a difference in method, rather than

in principle. Instead of allowing the slave to work for his own

profit so many days in the week, or to have a proportion of the

produce of the land, the estate owner pays the freeman for the

days on which he works, and keeps the whole of the produce for

himself, while his responsibility for faults committed by his

slave, or for the maintenance of the slave himself and his family

in sickness, ceases. Seeing, moreover, that he already finds great

difficulty in retaining him if he has a mind to go, the fact that the

free labourer can give notice at will makes but little difference to

the situation as it exists at present. A Resident, who should

successfully inaugurate the change, by inducing a few leading

men to adopt the new regime before they began to suffer by the

decadence of the old, would have conferred a great benefit on the

country, for the example would, no doubt, spread rapidly. Some

pressure could, no doubt, be exerted upon the farm slaves to

enter into such a contract under the aegis and protection of

Government. The Resident of Nassarawa (Mr. Webster7) informs

me that at Lafia a system of hired labour by piece-work obtains.

The ground is marked out into plots of 100 cowries (=1d.) worth

of work; time payment is not so common, but is recognised. The

Headmen were also anxious to adopt the suggestion of charging

rent for land taken up by immigrants, saying that the Gwaris had


the system fully developed. In the same Province slaves are also

being set free, and the Serikin Kwotto says that, out of 200

whom he has freed, one has left him. He stated that the

experiment had paid well, as the freed men do better work than

they did as slaves. These are very encouraging instances, and set

an example to the larger Emirates. In Sokoto, Nassarawa, Zaria,

Bauchi, and probably elsewhere, the system of Murgu is in

force,8 under which a slave may reside on his farm, and be

practically free, on payment of a fee and a subsequent periodical

payment until he has earned his redemption money. From this

there is but a short step to actually freeing the man and charging

him rental as a tenant (see para. 18 and Memo. 22, paras. 8 and

9). The use of draught animals for agricultural work and of

improved implements, such as ploughs, &e., as a substitute for

human labour, should also be encouraged in every way.

11. The term “household slaves,” as used in this Memo., is

intended to mean such slaves as have been born in a household,

or have been household slaves since early childhood, and are

entirely habituated to the condition of servitude. It will not be

extended to include persons who have been seized as slaves after

attaining maturity, or within the last few years. (For a full

classification of Slaves, see Memo. 22.) The position of the

household slave differs considerably from that of the farm slave

or serf, and the necessity for making the abolition of the status

very gradual is even greater in his case. The system is not, in

fact, ill adapted to the stage of development of the country, nor is

it a harsh one, if the treatment laid down in the Law books in use,

and prescribed by custom, is enforced (see Memo. 22). Since all

means of acquiring new slaves are now prohibited, and since

household slaves do not, I believe, increase naturally, but tend to

die out (though on this point I have no precise knowledge as

regards West Africa); and since manumission of a slave is held

by the Koran to be a meritorious act, and is obligatory in many

cases, as explained in Memo. 22, and is enforceable by Native

Courts for certain offences; and since children born after 1st

April, 1901, are free; and desertion and redemption cause further

depletion; the institution will die a natural death in the course of

a limited number of years. It is the policy of Government not to

hasten that event unduly, and to secure to the Mohammedan

gentry the continued service of their existing household slaves

during the period of transition. As a matter of fact, there is little

11.

(b)

Household

slaves.


tendency on the part of genuine household slaves to run away

from their masters. It means to them an abandonment of all old

associations. The lack of initiative inherent in the African tem-

perament will induce a slave even to suffer much ill-treatment

before he will take the plunge of leaving his master. In most

cases of desertion by domestic slaves, it will be found, either that

the slave has been comparatively recently acquired, or that there

has been continued ill-treatment.

12. It has been shown that the effect of the abolition of the

“Legal Status” is to enable any slave to assert his freedom; it has,

on the other hand, also been shown that the indiscriminate grant

of freedom would, in all probability, produce misery and

deplorable results. How then is the Political Officer to deal with a

question in which it would appear that he may act wrongly

whether he supports the case of either slave or master, seeing

that, as a British subject, he cannot take part in restoring a fugi-

tive slave (Slavery Proclamation, Section 3), and as a Political

Officer he may create disorder if he does not protect the master.

Undoubtedly the question is a difficult one, and each case must

be dealt with on its own merits. I propose to indicate here a few

general principles to assist those who have not had a large

experience of such cases.

(a.) In the first place, the Resident should fully question the

slave, and determine in his own mind whether the case is a

deserving and genuine one. If cruelty on the part of the master, or

an intention to sell or transfer the slave, can be shown, it would

at once establish a claim to assistance; the local Chief would

recognise its justice, and it would not act as an incentive to the

entire slave population to repudiate their status. Or, if the slave

shows a superior intelligence, or an inherent love of liberty, com-

bined with a definite purpose and intention in life, the case would

be a genuine and deserving one. Cases of the latter class will be

so rare among slaves born in servitude, as to be practically non-

existent. They may arise among those who have been

comparatively newly enslaved, and, under the operation of the

Proclamation, will become more and more rare with the efflux of

time, since it is now illegal to enslave any person. In such cases

freedom should be granted, and the Resident must use such

means as are in his power to reconcile the owner and Chiefs to

his decision. This can perhaps best be done by a frank statement

12.

Method of

dealing with

cases of

assertion of

freedom.


that it is the law, coupled with an explanation why the law has, in

this case, been put in force. But suppose that the case took place

near a very large native town; that the Resident was aware that

both masters and slaves were watching it as a test case; that his

decision to free the man might herald a break-up of the whole

organisation of the town, and even a rising which he had not the

Force to control, and that the master and Chiefs were obdurate.

In such an extreme case, it might be necessary to resort to

expediency: to connive, that is to say, at the escape of the slave,

and to avoid the necessity of giving a public decision. Finally, if

recourse to the assertion of their freedom was made by such large

numbers of slaves as to involve the dangers described, the

Resident would report with the utmost dispatch to the High

Commissioner, who might find it necessary to temporarily place

the district under special rules for the public safety. But now that

masters and slaves alike have seen the way in which the British

Law is actually enforced, it is chimerical to discuss such a

contingency as wholesale assertion of freedom accompanied by

disturbances. On the contrary, it will be found, as a rule, that

when a domestic slave desires his freedom, but has in his own

view no adequate grounds for asserting it, he will ask permission

to redeem himself (See Para. 14).

13. (b.) On the other hand, if, after enquiry, the Resident comes

to the conclusion that the slave has no good case, that there has

been no cruelty, and that the person is simply a bad character, or

a loafer desirous of escaping from work, however light, he would

discourage the assertion of freedom; more especially in the case

of farm slaves if desertion had become very prevalent in the

district, and in the case of household slaves if the case occurred

near a large native centre containing a considerable slave

population. It will usually be found that the slave who wishes to

assert his freedom is not deterred by any fear of recapture if he

runs away, but requires some specific act of assistance from the

Government, such as Government employment or to be allowed

to live in Cantonments, or to accompany the caravan of a

European. If the Resident is (according to supposition) convinced

that the man is unfit to lead an independent life, he may, while

admitting the right of the slave to freedom, withhold the special

assistance required. He may also utilise the services of the Native

Court in the manner described in Memo. 8, para. 10.

13.

(b) Unsatis-

factory cases.


14. The majority of cases of assertion of freedom no doubt take

place among the agricultural population, and the most effective

way of preventing a too sudden and premature tendency to

desertion is, as I have said in para. 6, by enforcing proprietary

rights in land. In other words, by not permitting fugitive farm

slaves to occupy land to which they have no title, nor to build

new villages at will, and by upholding the landlord’s right to

charge rents to his tenants. Government thus does not interfere

with the legal right of the serf to assert his freedom, but, before

granting him permission to acquire land, it may, if the occasion

demands it, insist on his showing good cause for his desertion of

his former work, and if he fails to do so, it may decline to grant

him the new land, the ultimate title to which is now, for the most

part, vested in Government. Residents will, therefore, inform

each other either of slaves fugitive from their own, or arriving

from a neigbouring, Province; and if, after investigation (which

could in exceptional cases be held in the presence of both

Residents), it transpires that there was no sufficient cause for

their running away, and that they have not redeemed themselves,

the Resident of the Province in which they desire to take up land

may decline to grant permission. It will, moreover, be made

known that everyone who takes up new land, without having first

obtained the consent of the Resident, will be liable to eviction,

and that Chiefs giving land to fugitive slaves will lay themselves

open to censure. The latter should, therefore, report all cases of

arrival of fugitive slaves to the Resident. Many slaves or serfs

will, unknown to Residents, attach themselves to existing

villages, but such cases will be dealt with in the same way as

new communities, and Chiefs will be forbidden to accept these

immigrants, and to grant them land to farm, without the assent of

the Resident. It must, however, be borne in mind that it is always

open to the fugitive slave to go into foreign territory, especially

from the frontier Emirates of Kano, Sokoto, and Bornu (or even

into another British Protectorate, as in the case of Illorin or Nupe

slaves going to Lagos), and that in such a case the Adminis-

tration is powerless to check desertion, nor can the Government

in any case permit, still less assist in, the forcible recapture of

slaves by their masters. It would be well for the masters to realise

this point. I think this method of placing a check upon wholesale

desertion by slaves is preferable to the method adopted in East

Africa, to which I have alluded in para. 4. Moreover, were a

14.

Assertion of

freedom

(a)—by farm

slaves.


notification to be made that slaves must claim their freedom

before a British Court, it would probably be understood as a

declaration that all slaves should come and be freed, and would

thus hasten, instead of retarding, the process. The policy I have

described constitutes an arbitrary interference with natural laws

tending to progress and to the better development and cultivation

of the country, and it is suited, therefore, only to a period of

transition, and intended only as a check on a too rapid change. It

will not arrest that change, which is daily taking place.

15. It will, in practice, probably be found that the majority of the

applicants among household slaves are women, who desire to

leave a master to whom they are in the relation of wife or

concubine, in order to marry another man. In such cases, if the

woman is the legal wife and also the slave of her husband (which

would be rarely if ever the case), he will have paid the Sadaki9 to

her (see Memo. 23,§ 10), and she or the man whom she desires

to marry must, in accordance with Moslem law, return it. If she

or he can be induced in addition to pay the redemption money to

the master, that course should be encouraged just as in the case

of men, but if they decline to pay it, it cannot be enforced. She

has in fact under the Slavery Procl. asserted and obtained her

freedom, and it is in point of fact constantly recognized in the

Native Courts that in such cases it is futile to attempt to keep a

woman who has made up her mind to go. But if, as is usually the

case, the woman being a concubine to her master, and not his

legal wife, no Sadaki has been paid to her, the intending husband

is liable for it, and must pay it to her, and she can then use it to

pay her redemption money. The important point is that in all

cases (except when a slave-girl marries a fellow-slave and both

continue in their status of slavery), the woman on marriage must

be declared free before the Alkali. The man, in favour of whom

the woman has left her master, marries her as a free-woman, and

is amenable for slave-dealing if he subsequently treats her as a

slave concubine. The same rules apply if the girl is a bachucheni

who has not become her master’s concubine. The intending

husband must pay her the Sadaki, out of which she can make a

contribution to her master in return for the maintenance and

home she has had at his hands, since in her case ransom money is

not demanded—but this contribution would be optional, and in

any case she is formally declared free. The Native law in these

matters is liberal, and is fully discussed in Memos. 22, § 5 and

15.

(b) By

Household

Slaves—

women.


23, § 10. A Resident need only intervene to the extent of seeing

that the woman is declared free (with or without the payment of

ransom), and that the dower is devoted to her own use, as is

customary in the case of a free-born woman.

16. The entry in Native Court returns “Ransoms and marries her,

paid—,” is now a very frequent one, and Residents should be

very careful to see that these are genuine cases, and not merely a

transaction in slaves disguised in this form. The Alkali of Bida, a

noted jurist, frankly lays down (according to Mr. Duff10

) that “all

concubinage proceeds from sale, and that anyone who procures a

concubine and pays a monetary consideration for her, in fact

buys her, whether she is a free woman, a slave or a bachucheni,

and the conditions of such a marriage are virtually concubinage.”

Mr. Duff adds that “in the case of slaves becoming concubines,

the dowry is nothing more nor less than purchase money.” There

appears to be here a misconception regarding the dower. It is

paid to the intended bride, and not to the master or parents—

unless through them for her sole use. This is clear from the

Risalah (See “First Steps,” chap.1 and Memo 23, § 10). It cannot

therefore be “purchase money,” but the woman may use it for

self-redemption if she desires to do so. The effect of the Bida

Alkali’s interpretation and of what I have written is far-reaching.

It amounts in fact to an abolition of the slave-concubine class

(except in the case of a slave-girl who is voluntarily her master’s

concubine), and of a decree of emancipation for all women on

marriage, except in the case of a woman slave who marries a

fellow-slave. This would seem at first to be revolutionary, but a

study of the law regarding women slaves (See Memo. 22) will, I

think, show that it does not in fact go much beyond the present

liberal interpretation of the law in Northern Nigeria by the Native

Courts. For it is already held that a bachucheni11

cannot be sold,

and since women can no longer be obtained as slaves and concu-

bines from Pagan tribes, it follows that practically all women are

already emancipated. The law as it exists also recognizes that a

slave woman who bears a child to her master is not only free at

his death, but practically so during his life, and that even if she

bears no child but is well behaved she is free at her master’s

death. The step is advance which would be involved by recog-

nition of the fact that, under the law of the Protectorate, no man

might purchase a concubine (under the disguise of a so-called

16.

Acquiring

concubines.


dowry) without first liberating her, would, in effect, be that the

man who desired the woman, must formally ransom her and

declare her free before marriage, instead of later on. The ransom

money would be the equivalent of the purchase money, and he

need not pay an additional Sadaki, since, in theory, he pays the

ransom-money to the woman as her dower, and she redeems

herself with it; the only practical difference would be that as a

free woman he would have somewhat less power over her. This

does not appear to me, looking to the existing conditions, to be

too drastic an innovation. Nor does there seem any good reason

why a man of wealth and position should not give her freedom to

any woman whom he desires to marry; and there appears rather

less excuse in buying a girl as a concubine, than in buying a man

to till his land. Since all children born subsequent to April 1st,

1901, are free, it follows that in another seven or eight years all

young (marriageable) girls of 14 or 15 will be freeborn. The

Resident Muri observed (in 190312

) that “slave-girls for

concubines are plentiful and cheap, while free-born women are

costly, scarce, and troublesome.” If, however, on the one hand

the girl is really a slave, her acquisition, unless liberated, by a

new owner is clearly a “transfer,” and hence illegal, even if no

purchase money in the form of a so-called “dower” was made. If,

on the other hand, she is a newly enslaved Pagan, the offence is

still worse, for the man who acquires the slave-girl, whether by

giving a “dowry” (which is a misnomer and a fraud, since it

never reaches the bride) or purchase money, continues the illegal

act of enslaving, and is guilty under charge. The sale of a girl,

often immature age, for the purpose of forcible concubinage with

a man whom she may fear and loathe, is one of the worst aspects

of slavery; and it must also be borne in mind that the purchase of

slave concubines by the powerful and wealthy classes to gratify

their own desires, deprives the class from which these girls are

drawn of their proper complement of women as wives. Though

the enforcement of the law in this matter may result in the

immediate emancipation of all slave-women except those who

marry or are concubines to their own masters, and those who

marry a fellow-slave without transfer of ownership, I am, after

careful thought, of opinion that the step is one which is

demanded by the existing law, and is feasible and practicable

under existing circumstances. It is possible that the immediate

result may be a relaxation of the control over wives and


concubines, with a resulting increase in immorality (as I believe

was the case in East Africa), but reforms very commonly result

in an initial evil, which rights itself before long. The

emancipation of women at marriage will, moreover, tend to give

a woman more choice, and thus to greatly improve the condition

of women in the country. The Koranic law does not compel a

man to free a concubine, but the precepts of the Koran as regards

slavery are superseded by British law, and the interpretation to be

put on that law is, that whenever a woman whose status is that of

a slave marries a man, and any “dowry” is demanded by the

owner of the woman, it must be regarded as purchase money,

and the transaction is consequently illegal. It may, however, be

paid as redemption-money, provided that the woman is first freed

with all proper formalities by the Native Court.

17. If a slave woman leaves he master to live with a soldier or

constable, and she can be taken on the roll under the conditions

laid down in G.S.O. 1, § 50 and § 96 (3) — with which every

Resident should be familiar—the soldier’s Commanding Officer

will request the Resident to arrange the matter as an ordinary

question of Native marriage, on the principles I have just

described. If, however, the master (as husband or guardian) will

not consent to the marriage (after liberation), she may not be

taken by force, but will be sent back to her husband or guardian.

Boys and old unmarriageable women, who desire to become

servants to soldiers and are admissable under the Standing

Orders quoted, must be redeemed and declared free in the

presence of the Alkali before being allowed to take service with a

soldier or constable. A soldier’s Commanding Officer, or a

District Superintendent of Constabulary, will use his discretion

as to advancing the redemption money, according to the man’s

character, precisely as he would if an advance were required for

any other purpose, and the full formalities of declaring the person

free must be gone through in the Native Court, and a freedom

certificate given, and the slave’s name changed, before the

soldier or constable may marry the ex-slave or accept his or her

service as a servant. In the latter case some small wage should

also be fixed. Care will thereafter be taken that the soldier does

not dispose of the servant or of the woman he has married. If

either should desire a divorce, the case will be brought before the

proper Court, and dealt with in accordance with Native law and

17.

Marriage or

service with

government

employees.


custom. These instructions apply equally to all Government

servants, civil and military. The Resident will, of course report

all such cases in his monthly return of Freed Slaves. These

instructions refer solely to slaves who have deserted their

masters. In the case of slaves liberated by British Courts, I

cannot, even with these safeguards, approve their marriage (or

employment as servants) with soldiers, police or Native civil

employees of Government, for it is apt to be misunderstood on

both sides. Major Festing, when Acting Commandant, reported

that soldiers, who have been allowed to “marry” a woman who

had been thus freed, have asked why, if they were allowed to

obtain a slave from Government, they should not be allowed to

sell. Even if every precaution is taken during a soldier’s (or other

employees) service with Government, what is to prevent him,

when time-expired or discharged, from selling at some distant

place the woman or servant thus supplied to him by a British

Government obtained if, owing to the frequent changes and the

constant interest of various officers with no previous experience

or knowledge of Alkali subjects, or to laxity, the orders laid

down in G.S.O 1, are not strictly enforced, what difference in

principle would be in this transaction and a transaction in slaves?

Or what would distinguish the Resident’s Court, which assigned

the woman to a Government employé or to a soldier (if the

dower were allowed to be paid to the owner, and the slave was

not formally freed), from a slave market presided over by a

British Official? If, however, the instructions are observed, it is

clear to all that the hands of the Government are clean in the

matter. The redemption money goes to the master, and not to the

Government, and the freeing of the slave is witnessed by the

Native Alkali. If the soldier or constable should be convicted of

subsequently selling the ex-slave, he is liable to a long term of

imprisonment. The transaction in the case of a fugitive slave is

generally one of Native marriage, and presumably, adds to the

happiness of the slave woman who ran away from her master.

But the question of slaves liberated by the British Courts stands

on a different basis, and in no case will a slave so liberated be

given to a Native in Government employ, whether as wife or

servant except with the express consent of the High Commis-

sioner. (See G.S.O., 60, § 10 (c).) The Rules for the Freed Slaves

Home13

in that G.S.O., § 11, provide that Europeans and other

Non-Natives of standing may become Guardians of freed slave


children under certain conditions. If such a person committed a

felony by dealing in slaves, he would be liable to 14 years’ penal

servitude—a sufficiently deterrent punishment.

18. Self-redemption is recognized by Mohammedan law, and

facilities are given by masters, and by the Native Courts, These

are fully discussed in Memo.22. The Emir and Alkali of Sokoto

have, however, gone beyond the strict interpretation of the law,

and have proclaimed the right of a slave to purchase his freedom

even against the will of his master. “The Native Court now

receives all such applications, fixes the amount of the ransom

and the time, and makes what arrangements it can for enabling

the slave to find the money.” From Kano also, as from most

other Provinces, it is reported that ample opportunity is given,

and there is no difficulty in purchasing freedom. Liberation by

ransom or self-redemption is thus considered fair and just, it is,

in fact, doubtful how far arbitrary liberation by British Courts is

looked upon as really removing a man out of the slave class, for

cases have occurred in which slaves freed by Government have

preferred to pay the redemption money, and so gain the

recognized status of a free man in Native opinion. In an

interesting case at Bida, a discharged soldier (already freed)

insisted on paying redemption money, stipulating that it should

not be too small a sum, as he had been well-treated by his master,

and would not be regarded as really free if he paid too little. In

my view, it is most desirable to encourage such an arrangement,

since, on the side of the master, it enables him to realise money

which he in all probability actually paid for the slave under a

régime when such an investment was not illegal, and, on the side

of the slave, it probably tends to make him value what he has

purchased by his own efforts. Residents should, therefore,

promote such arrangements under the following conditions:—

The sum fixed must vary with the age and sex of each person,

but they will see that it is a fair one, and endeavor to have it fixed

as low as possible. Enhancement in the value of slaves, due to

their present scarcity, must not be allowed to operate in fixing the

amount of the redemption money. If the slave remains with his

master, he must have a fair opportunity of realising it (either by

working on the days set apart for his own use, or by other

recognised means) within a reasonable time, which should, in no

case, exceed a year. It is, however, I think, the invariable custom

for a slave who agrees to pay redemption money to remain under

18.

Self

redemption


his master’s protection, while he works on his own account for

wages. The master might, in such a case, claim to be absolved

from all responsibility of maintaining the slave or his family if he

fell sick, but it is a proof of the liberal treatment shown by a

master to his slave, that the latter is allowed to remain on the old

terms till he has earned the money to free himself. (See Memo

22, para. 8.) This system of self-redemption, so universal in the

Fulani States, is I am informed, not recognised in Bornu. It will

be introduced judiciously in accordance with this Memo, and it

can be pointed out to the owners that the process (known as

“Kitabah”) is founded on the teaching of the Koran, Surah 24,

33. [Hughes’ Dictionary of Islam.] The system of self-

redemption known as Murgu has been alluded to in para. 10, and

is described in Memo. 22, § 8. It is one which is especially

worthy of encouragement. Even in those cases where a slave is

allowed to work independently on payment of a fixed periodical

sum without any view to redemption, it is valuable as teaching

independence, the more so that the master will be anxious to

obtain the slave’s labour for hire on payment, but it is not so

satisfactory as the commoner system of Murgu with a view to

redemption, since the master still retains rights of property in the

slave, and may secretly sell him.

19. Work can be provided by Government for slaves intending

to redeem themselves, on the understanding that they agree to a

monthly deduction from their wages for the purpose. When the

total is realised, the owner and the slave will both attend before

the Native Court, and the arrears of pay will be paid over to the

latter, who will himself, of his own free will, pay the sum agreed

upon to his master, who will then give him a certificate of

freedom. If there is no proper Native Court, the transaction may

take place before the Provincial Court, but in that case the Court

will not recognise the transaction as being between master and

slave, but as a voluntary adjustment of reciprocal claims and

obligations, which have not been assessed, or adjudicated upon,

by the Court. The latter only witnesses the payment, and sees that

a proper receipt is given. Whenever practicable, however, the

services of the native Alkali should be utilised for the reasons

given in the last paragraph, and because he is better able to carry

out the formalities of re-naming the freed slave, and himself thus

becomes charged with the responsibility of seeing that the

liberation is effective, and of taking action if the freed slave

19.

Limitation to

government

action.


should again be enslaved. The scheme of self-redemption is, of

course, only applicable to slaves born or long held in servitude,

and not to newly-captured slaves or to others illegally held.

20. The question of purchase for the purpose of liberation or

bona fide adoption is one which merits consideration here. This

is, undoubtedly, an offence under the Slavery Law, and must be

dealt with as such, but, if the slave was a bona fide domestic

slave, punishment need not, as a rule, be inflicted. Thus, if a

person, on the death of a relative owning slaves, were to pur-

chase one, in order to at once manumit him as an act of piety or

affection, there would be a technical breach of the law, but only

its letter, and not its spirit, would be violated. In any such case,

the Resident would see that the procedure laid down with respect

to liberation by redemption was carried out before the Native

Court. The purchase of children, who had been kidnapped or sold

into slavery, even though they be freed and adopted, is, on the

other hand, a continuation at the time of purchase of the act of

“enslaving”—a much more serious offence than the transfer of a

domestic slave. Even the subsequent act of adoption does not

justify this, while the whole transaction breaks the spirit, as well

as the letter, of the law, by increasing the demand for slave chil-

dren, and so creating a market for the slaver. I understand that

many tribes in Southern Nigeria destroy, or do not breed, their

own children, relying on the opportunity for purchase. Purchase

of enslaved children, therefore, for adoption will be treated as a

serious offence, though leniency may be shown where it is

proved that the person was bona fide ignorant that an offence

was being committed.

20.

Purchase

with a view

to liberate

21. It has become a common practice in some districts for slaves

to refuse to do any work, and to threaten to run away, unless

bribed by presents from their masters, who complain that they

have no longer any discipline over their slaves. That slaves

should thus demand, and masters be compelled to pay, what, in

effect, amounts to wages, is, of course, the solution at which we

aim; but I have given reasons in para, 5 for not hurrying the pro-

cess too quickly. The assertion of freedom is, however, a wholly

different matter from idleness whilst still continuing to live as a

slave at the master’s expense, and when therefore slaves refuse to

work and make such demands, or when for other indisputable

reasons it appears advisable to support the authority of the

21.

Slaves

Refusing to

work.


master, the Native Court may be allowed deal with the case. It

would, however, be advantageous to point out to the master that

when “presents” are demanded and given, they should, in future,

be treated as definite payments, an equivalent amount of work

being agreed upon, the obligation to perform which is enforce-

able in a British Court. When once the owner has learnt this, the

difficulties of “the slavery question” will largely disappear.

22. If a Native Court summons a runaway slave, with a view to

investigating his case—the slave being a bona fide domestic

slave—and the summons is disobeyed, it may be enforced like

any other, in the last resort by the Administration. If, however,

the fugitive offers redemption money, it must in such a case,

always be accepted. It must be clearly understood, however, that

the summons of the Native Court does not mean that the question

of the rendition of the runaway is prejudged and will necessarily

be ordered, but that the Court will investigate the circumstances

and decide equitably whether there is any debt or obligation due

from the fugitive. In no case may a Provincial Court assist in the

capture of a runaway slave, in order that he may be surrendered

to his owner in virtue of any claim to his person arising solely

from his status as a slave. In many cases where the fugitive is a

woman it will be found to be a domestic quarrel, and the woman

may be glad to return and be forgiven. When a woman, however

declines to return the Native Court hardly ever, I think, insists on

her doing so, and time is granted for her to collect ransom

money.

22.

Powers of

Native

Courts to

investigate

23. In Cantonments, where there is adequate means to fully

enforce the law, where the conditions are analogous to those of a

British Colony, and where vagrants and thieves can be dealt with

as in a civilised community, the fullest exposition and the most

liberal practice would be given to the law regarding slavery, and

not only will no man or woman remain in slavery, except at his

or her own desire, but the means of asserting freedom should

fully made known. The permission to reside in Cantonments,

which the Cantonment Magistrate issues under sec. I8 of the

Cantonments Proclamation, will never be granted to a fugitive

slave without the approval of the High Commissioner, and prior

reference should be made to the Resident of the Province from

which the fugitive came. Cantonment Magistrates will make full

enquiry into the antecedents of all persons, before granting

23.

Slavery not

allowed in

Cantonments


permits to reside, with a view to ascertaining whether they are

fugitive slaves.

24. The Proclamation of 1901 did not make the dealing in slaves

illegal, for it would only have been a “pious resolution,” which

the Government had no power at that time to enforce, more

especially in the Emirates not then under Administrative control.

At the time, however, of the installation of the Emirs of Sokoto,

Kano and Zaria (March, 1903), it was fully explained to them

that in future all transactions in slaves would be illegal, and that

they held their appointments subject to the fulfillment of the

conditions imposed. The new Proclamation, therefore, makes all

transactions in slaves illegal. Slave-raids are, I trust, entirely a

thing of the past. Should anything of the sort occur, it would be

at once suppressed by force, and the leaders brought to trial. (If

any person had been killed in the course of such a raid, the

charge would be one of murder against each person concerned in

it).

24.

Slave dealing

now illegal.

25. The principal forms of slave-trading at the present time

are:—

(a.) Caravans of slaves purchased in German Territory, and

imported chiefly into Bornu (for disposal in French territory to

the North) and, to a less extent, into Yola.

(b.) Export of slave children to Southern Nigeria and Lagos

from the Benue Provinces (these also come largely from German

territory).

(c.) Kidnapping and purchase of persons (chiefly children) from

Pagan tribes. In the early days of the Administration, I was

inclined to be lenient of these slave traders, on the assumption

that they were ignorant of the law, but the precautions now taken

to avoid capture show that these people are well aware that they

are breaking the law, and increasingly heavy penalties should be

inflicted in order to put a stop to this traffic. Chiefs of villages

also, who supply these slave-traders with food and give no

information to the Resident, will be warned that they will be

liable on conviction to punishment as accessories (Sec. 7 of

Procl.). A bona fide trader, who has slave wives or servants, does

not, of course, violate the law by taking the with him on a

journey, provided that he does not do so with intent to sell, give,

or transfer them. A Resident must exercise discrimination in

25.

Slave

Trading.


dealing with cases of “Kidnapping,” for it occasionally happens

that when a trader traverses a district where famine is prevalent,

children and even adults will attach themselves to his party of

their own accord, in the hope of obtaining food in the district to

which he is going. Similarly mothers may be willing to sell their

children to procure a little food for themselves, and in preference

to seeing them die of starvation. Traders should be instructed in

such circumstances to acquaint the Resident fully on arrival, and

warned that if they retain the persons as slaves they will be

prosecuted. On the other hand, it is always possible that the

trader may not have taken them as slaves, but may merely have

given them a free conduct from motives of humanity. The mere

presence, therefore, of persons with a trader’s caravan, who

appear to be newly-acquired slaves, should not be considered

conclusive evidence, and the fullest investigation into the mode

of acquisition should always be made. Enslaving is, obviously, a

more serious offence than slave-trading, and dealing in raw

slaves is enslaving (since it continues the act), and is more

serious than the sale or transfer of a domestic slave, and should

be punished accordingly. It is, of course, necessary to prove that

the person alleged to have been enslaved was previously free

(see Memo. 4, § 9), and in this case (as in the case dealt with in

para. 33 and 34), British Courts must in equity take cognizance

of the status of slavery, although it is in theory a status unknown

to law. To steal a slave (a very prevalent crime in some districts)

is an offence against the Slavery Proclamation. It is a “transfer”

of the slave to the thief, and is, therefore, a “transaction in

slaves.” It will require very careful efforts on the part of

Residents to put a stop to the practice of slave-dealing, and they

must be constantly on the look out for smuggled slaves. It was,

for instance recently reported to me that slaves could be sold

with greater ease at Lokoja than in any other part of the

Protectorate.” How far this is true I am unable to say, but there is

little doubt that Lokoja, originally a freed-slave settlement, and

the sub-capital of Northern Nigeria, is the objective of many of

the slave-traders who bring slaves from Bornu and the Benue

districts.

26. The system, so prevalent in this country, of holding persons

in pawn for debt is closely analogous to slavery, and the pawn

often becomes a life-long slave. The subject will be dealt with as

follows: — (1.) When the person pawned has, of his own free

26.

Holding a

person in

pawn.


will, pledged his or her labour for a limited time in redemption of

debt, the contract will not be considered illegal, but, in all cases,

the labour rendered will count in liquidation of the debt. Three-

pence per diem if the pawn is fed and housed by his creditor, and

4d. per diem if he is not, will be taken as the value of a full say’s

labour. If the creditor dies, the obligation will be liquidated to the

heir.

(2.) When the person has been seized and held in servitude

against his or her will: —

(a.) If the pawn is the debtor, he or she will be released, and the

amount of time during which he or she has been detained will

count in liquidation of the debt, the remainder of which can be

recovered by an action in the Native Court.

(b.) If the pawn is not the debtor, but a friend, relation, or

tribesman seized by the creditor, the case will be dealt with as

though the person had been seized as a slave. If previously free,

the pawn will be liberated, and the seizer will incur like penalties

as for enslaving a person, and his claim to repayment of the debt

will be cancelled. If the pawn was already a slave, he or she will

be liberated from the seizer and declared free, and the claim to

repayment will be cancelled. If the seizure has involved separa-

tion of mother and child, or other close relationships, the seizer

may be punished for a transaction in slaves (viz., “transferring”),

but has not, of course, enslaved the person. If, however, the

seizer were ignorant of wrong-doing, and the detention has been

short and the debt of old standing, the Resident, though setting

free the slave or pawn, will use his discretion as to whether some

portion of the debt should not still be claimable. If in these

circumstances the claim of the creditor is cancelled, wholly or in

part, the obligation of the debtor is not extinguished, and he may

be ordered to pay into Court, all, or such portion, of the debt as

the Court thinks just, and the Court may award therefrom any

compensation to the person seized, as may appear just, and the

balance will be paid to the Charity Fund.

27. In the enforcement of the Law prohibiting transactions in

slaves, a number of persons, chiefly women and children, who

have been transported great distances from their homes, are

necessarily set free, and Government incurs the responsibility of

their disposal. It is, in my view, of very great importance that the

27.

Disposal of

Freed Slaves.


motive of the Government in liberating slaves should not be

liable to misinterpretation. It is so difficult for Natives to under-

stand our point of view in this matter, that they are apt to think

that we wish to retain for ourselves the slaves we seize, or to sell

them, or to forcibly convert them to Christianity. I have already

(para.17) alluded to the difficulty experienced by soldiers in

understanding our methods, and this difficulty is likely to be

even greater among Natives who have been brought into contact

with Europeans at all.

28. Restoration to their homes is, of course, the most desirable

method of dealing with freed slaves, and this will be done

whenever possible, except in the case of children sold by their

own parents, who, if restored, would only be sold again, while

the parents pocketed the double profit. But since there is,

unfortunately, a great danger lest persons (especially women) set

free, and told to return to their homes at some distance, would

again be enslaved before they reached their destination, care will

always be taken to let them avail themselves of the opportunity

of an escort, and they should, if possible, report their safe arrival

to the Resident of the Province in which their home is situated.

By far the greater number, however, cannot be repatriated, either

(a) because they come from German territory, and to send them

back, were it possible, would mean their re-enslavement, or (b)

because they are small children, who do not know where their

homes are, or (c) because they have been sold by their own

people, and, if returned, would, presumably, be sold again.

28.

(a)

Repatriation.

29. In these cases, the course to be adopted will be as follow: —

The slave-name of the liberated person will, at the time of

liberation, be changed to a free-name. This should always be

done with all the usual formalities by the Alkali in the Native

Court. He should also be required to attend any important slavery

cases in the Provincial Court, and informed of the reasons for

liberation. (a) Men .—If the slave is a man, he will be given a

paper of freedom at the same time that he receives his new

(freeman’s) name from the Alkali, and he will be entered on the

roll, with marks for identification. He will be allowed to follow

his own inclinations and if work is available, he should be

offered it. The local Chief and the Alkali who witnessed his

liberation will be held responsible that he is not re-enslaved. (b)

Children.— When, in the circumstances described in the last

29.

(b)

Procedure in

other cases.


paragraph, it is not feasible to restore children to their homes,

they will be sent to the Freed Slaves Home at Zungeru (except

those released in Bornu, who will go to the local Home there),

unless their mother is with them, in which case they will remain

with her, vide (c.) Children sent to the Homes will be re-named

on arrival by the Native Court at Maifoni or at Zungeru. If there

should be no Native Court, the ceremony will take place in the

Cantonment Magistrate’s or other British Court in the presence

of the leading Natives. Great care will be taken to verify the

claim of any persons representing themselves to be the parents of

freed children, and, if it can be proved that they sold them, the

children will not be restored, and the parents will be tried for

enslaving. If, on the other hand, they prove to be no relation to

the children, but merely wished to fraudulently acquire them on

the plea of relationship, they will be tried under Sec. 6 of the

Proclamation for attempting to commit the offence of slave deal-

ing. Boys over thirteen should, if possible, be given employment

locally as servants to Non-Natives (on a regular wage), and not

sent to the Home, but if it is not possible to so employ them, they

may be sent to Lokoja or Zungeru to be apprenticed to traders, or

trained as domestic servants. They will not be inmates of the

Home over the age of thirteen. Unmarried girls may be sent to

the Home, or in rare cases they may be given to a thoroughly

reliable Native Chief or Native of position (after public liberation)

to be adopted as a child of his family, never as a concubine. This

course, however, is so liable to abuse and to be misunderstood,

that it should only be adopted in the rarest cases, where the

Resident has complete confidence in the Guardian, and can

himself keep an eye on the result. The same course may in like

cases be taken with regard to small children. In all cases of

guardianship, whether by Native Chiefs or by Non-Natives, the

rules contained in G.S.O. 60 will be strictly enforced, and the

freed slave will be liberated and re-named with all formality, and

the case fully reported in the Resident’s report. Children will

always be sent in charge of a reliable person (a European if

possible), who will see that they each get their full ration of food

daily, and that the stronger ones do not appropriate the share of

the others. Emaciated children will not be sent down till they

have recuperated, and in all cases they will be certified as fit to

travel by the Medical Officer (See G.S.O. 60, § 14). When

practicable, children should be detained till they can be sent by a


steamer. Adequate notice of the date of dispatch, and the date on

which they should arrive, will be sent to the Cantonment

Magistrate of Lokoja (if they have to pass through that place),

and to the Cantonment Magistrate of Zungeru, in order that they

may be met on arrival, and arrangements made for their

temporary accommodation, pending medical inspection and

reception into the Home. (c) Women. Adult women who have

been married will not be sent to the Zungeru Home, unless in

exceptional cases, for experience has shown that they are most

unmanageable, and apt to become prostitute in barracks.

Moreover, in many cases, no one can be found who can speak

their language. Now that the Administration is extended over the

whole Protectorate, it will, I hope, be possible to restore to their

homes all women who have been enslaved within the Protec-

torate, while those from German territory appear to have done

well in the Bornu Home. But, if it is not feasible to repatriate a

woman, and (in Bornu) she does not desire to go the Freed

Slaves Home, or proves troublesome there, she can, in Bornu, be

sent to the Freed Slaves Village, and elsewhere can be employed

on garden work, or other suitable tasks, in the Government

grounds, and paid for her labour at, say 3d per diem, until she , of

her own free will, elects to marry some local Native of good

character who is not in Government employ (See para. 17.) The

Resident will keep a roll of men who have thus married freed

slaves, and will take an opportunity of satisfying himself from

time to time that the woman is well-treated, and has not been

sold or transferred, and he will of course see that she has been

publicly liberated, and that her husband accepts her only on the

conditions of marriage with a free woman. If the woman desires

“to follow her own inclinations,” she cannot be detained by

force, but she will not be allowed to live in the Government

station, unless she has some proper means of livelihood, and she

will not be allowed to live in or near barracks. I am aware that it

is frequently, or generally, the woman’s own desire to “marry” a

soldier or civil official, but this desire must, in future, be over-

ruled, in view of what I have said in para. 17. Expenses incurred

in payment for work done by such women, or for maintenance if

unable to work, will be debited when possible to whatever vote

for works a Resident may have at his disposal, but if there is no

available fund it may be charged to the sub-vote for freed slaves

(food and transport) under the Political Vote.


30. The rules for the disposal of the inmates of the Freed Slaves

Home are laid down in G.S.O. 60, and they will be applied to

any cases to which they are applicable under this Memo. (e.g.,

boys retained as domestic servants, etc.). Idiots, blind persons,

lepers, or other cripples, will not be sent to the Freed Slaves

Home. All cases of liberation, whether by the Provincial Court or

by a Native Court, or by self-redemption or voluntary manu-

mission, or in consequence of military operations, etc., will be

entered in the Provincial Freed Slaves Register, and included in

the quarterly return (Memo. 2, para. 13).

30.

General

Rules re

Liberation.

31. Messengers sent to the Resident must never be seized by

persons claiming them as slaves. The person of a messenger,

especially from a neighbouring Resident, is priviledged. No

Resident will, under any circumstances, send a Government

emissary to seize slaves for the purpose of rendition to their mas-

ters, or assist in any other way in the surrender of fugitive slaves.

Any British subject who does is liable under British law to 14

years’ penal servitude, and Sec. 3 of the Slavery Proclamation

extends this liability to all Non-Natives. It has been reported that

Chiefs and others in outlying towns or on important roads

receive bribes or rewards for capturing fugitive slaves. In such a

case, the slave has asserted his freedom, as he has a legal right to

do, and if the Resident, after enquiry, finds that it is a meritorious

case, as described in para.12 (a), the seizer is liable to punish-

ment for re-enslaving the person. If it is not a satisfactory case, as

described in para.13, the Resident can abstain from interference,

or, if an appeal is made to him by the slave, can act as suggested

in that paragraph.

31.

Seizing of

Slaves.

32. The fact that all children born after March 31st, 1901, are by

law free (Proclamation 27 of 1904, Sec.4) must be promulgated.

A difficulty has been assumed in the fact that such children have

probably been brought up in the houses of their parents’ master,

and, to some extent, it may be said, at his expense. I do not

myself see much force in this contention, since the expense to the

master is rather imaginary than real, and the master has presu-

mably had the services of the parents as his slaves, but, a child so

brought up should liquidate any real obligation which in Native

opinion may exist, when he attains maturity; he is, however,

legally free-born and the compulsion to do so must arise from

Native public opinion, and may take the form of free service for

32.

Children

born after

March 31st,

1901.


a year or more as an apprentice. The obligation is in fact of the

same nature as that owed by a son to the parents who have

brought him up.

33. I have said that the “Abolition of the Legal Status of

Slavery” means that the Law cannot recognise any rights of

property in slaves. This is not literally the case, for in matters of

administration of estates of deceased persons and of probate, an

injustice would be done were the Law to decline to recognise the

equivalent value of a slave, who may be said to have been

hitherto a form of currency in the country. It is necessary,

therefore, to determine, not only what action the British Courts

may take, but also how the family of a deceased slave-owner

may deal with the matter without rendering themselves liable for

slave-dealing. In the division of estates then, the following rules

will be observed. Slaves may not be transferred from the family,

and may be inherited only by the near relations of the deceased.

If these live at a distance, it would not be permissible to break up

the family of a slave for purpose of division. Joint ownership of

the same slave should not be allowed. Where division is not

feasible, and there is not sufficient other property to balance the

value, it would, I think be within the common-sense and just

interpretation of the Law to allow one person to inherit, and pay

the other his share of the value of the slave in money or goods.

Thus, if two sons inherit an estate consisting of one slave only,

one would take the slave and pay the other half-value; such

payment would not be in any sense purchasing a slave. No part

of the Gado (death duties), or the fees of Court in administration,

must be paid in slaves, nor may a man bequeath his slaves out of

his own family. The slaves of a person dying without heirs will

be set free. If the Native Court is not reliable, and the parties

disagree as to the value of a slave, the Resident should adjudicate

with a view to carrying out these rules. The object of the Law is

thus carried out, viz., not to interfere with existing slaves, while

safeguarding the slave from being separated from his family by

sale, gift, or transfer. Legacies, death duties, and Court fees, &c.,

must be paid out of the other property.

33.

Inheritance

of Slaves.

34. If, in the accounts of a deceased person, it appears that

various persons owed him so many slaves, is the debt to be held

a valid one? Most certainly it should— the slaves of course being

translated into their equivalent value at the time the debt was

34.

Equivalent

value to be

recognised in

probate.


incurred. It may even be that no transaction in slaves was ever

intended to take place, and that the term “slave” was used as an

expression or measure of value, merely as a term of currency. In

any case, the debt, was a just and lawful one, if contracted before

the Law made transactions in slaves illegal (viz., on October 1st,

1904), but debts recorded in slaves subsequent to that date will

not be recognized as recoverable. An Emir on accession may not

claim a gift of slaves from any person.

35. Regarding the enlistment of slaves as soldiers or police: — It

has in the past been a not infrequent occurrence that slaves have

been enlisted, clothed, and trained for some weeks, and have then

been claimed by their owners. Enquiry from the would-be recruit

generally results in a denial that he is a slave. To submit recruits

to examination by possible masters would be somewhat

undignified, and probably not effective, since the slave would

run to a station where his master would not be present to identify

him; nor could attestation be postponed for many days if the

master were not present. But, in spite of these drawbacks, identi-

fication before enlistment, with a consequent refusal to enlist the

man if he is a slave, is to some extent possible, and should

always be done when practicable. To fix a time-limit for identifi-

cation is, it appears to me, in every way unsatisfactory. First,

because there is no logical reason why a master should be

allowed to identify a slave whose services he had only lost for a

short time, and not be allowed to identify one who had run away

for a longer time, though no effort of his own could have given

him the opportunity of identifying him sooner. Secondly, while it

is perfectly feasible to refuse to enlist a slave (no steps of course

being taken to surrender him to his master), it is a wholly

differrent matter to discharge a man (who has taken the Oath of

attestation and allegiance to His Majesty) for no fault of his own,

and merely because a slave-owner claims him as his property.

Such a course of action would, on the one hand, be a violation of

the spirit of the contract between the soldier and Government at

the time of his enlistment, and, on the other hand, would be

almost equivalent to surrendering a slave— an illegal act for a

British subject. Thirdly, as the soldier would have been clothed,

drilled, and trained for a longer or a shorter period, Government

would be at a serious loss and inconvenience. The best way out

of the difficulty appears to me to be as follows :—(a) every

recruit on enlistment will be told that, if it is subsequently proved

35.

Enlistment of

Slaves.


that he is a Fugitive Slave, he will be called upon to redeem

himself at a fixed sum. (b) Steps will be taken to let it be known

in the Native cities that, while it is not the intention of

Government to afford facilities to slaves to dessert their masters

indiscriminately (See paras. 5 and 13), the question of enlistment

is a matter apart. Government requires some 800 recruits per

annum (not a large number if distributed over the whole of this

great Protectorate), and must take the men who are eager to

volunteer, and most eligible in point of physique, etc. Of this

number only a small proportion will be fugitive slaves. In

recognition, however, of rights antecedent to the establishment of

the British Administration, Government is willing to make it a

condition before enlisting any man that, if it should be proved

that he is a slave, he shall be called upon to redeem himself at a

fixed sum, and will see that this sum is paid on proof of pre-

existing claims. In doing so, it will be made clear that Govern-

ment does not recognise the right of the owner to any such

compensation or redemption money, but has only consented to

enlist the man on his own voluntary agreement to settle any such

argument on a fixed basis. Should the master at any time be able

to prove his title to consideration under this arrangement, he will

be free to do so, and every facility will be given him. (c) The

general value of an able-bodied man, such as would be consider-

ed suitable for enlistment, appears to be from £5, to £15. I think

the sum might be fixed at £5, payable by installments after it has

been earned. It will not be paid as an advance by Government—

first, because Government takes no direct part in the transaction,

and, secondly, because the man might desert (possibly in

collusion with his master) before the debt to Government had

been liquidated. If the soldier has already earned the sum as

deferred pay, it may be paid with his consent out of the amount

due to him on that account. On receipt of the money, the master

will give him a freedom paper through the native Alkali. A man

enlisting as soldier proves, by that very act, that he is not an idler

or a vagabond. He was, therefore, a valuable slave, and I think

that the redemption rate I have named is a low one for him. It is,

at the same time, not an unfair one to the master, and as much as

he can reasonably expect Government to do in the matter, in

view, on the one hand, of its known antislavery policy, and, on

the other hand, of its declaration that it will not interfere with the

existing domestic relations more than can be helped in this


transitional state, and that it desires to preserve to the native

gentry the services of their existing slaves. I think, however, that

for the good of the Force itself (in order to popularise service

with the better classes) slaves should not be enlisted when free

recruits are obtainable; but this question has nothing to do with

the subject of this Memo.

36. Since the Government has placed restrictions on Slavery, it

would be inconsistent to pay a slave-owner for the use of his

slaves. In my opinion, every man’s wage should be paid to the

man himself, and, if he is a slave, he can make what arrange-

ments he likes with his master, see G.S.O. 41, § 4 & 5. The

payment, therefore, of Chiefs for the labour of their slaves, or for

contracts for labour, if the Contractor employs slave-labour, is

prohibited by G.S.O 41, unless by special sanction of the High

Commissioner. If however, the slaves are employed and indivi-

dually paid by Government, as may be paid as a “Headman of

labour,” according to the value of his services. It would be pre-

ferable to import labour into a Province where only slave labour

could be obtained (e.g., Sokoto), and to point out to the Chiefs

that the money paid is thus being lost to the Province. Major

Burdon argues that all labour is “forced” or slave-labour in the

Sokoto Province, and can only be obtained through the Emir.

Labourers or carriers are supplied by Headmen at the order of the

Emir, who assigns to each, “by a sort of roster,” the number he

must produce. These are for the most part slaves, and he urges,

with some show of reason, that as their labour belongs to their

master in return for the food and housing, &c., which he

supplies, the payment for their work should be his, for he is

deprived of their services while they are employed on other

tasks. Without disputing the logic of this argument, so long as the

contract between employer and employed is one of master and

slave, it is clear to me that Government cannot rightly become a

third party in such a contract when its policy is avowedly

opposed to slavery, and its Courts are prohibited from recogni-

sing the Servile Status or its obligations. Government in such a

case must therefore, as I have said, pay the labourers direct,

taking no cognizance of their status, whether slave or free, and

leave it to the master to enforce his own rights, if necessary

through a Native Court. The difficulty is not, I think, so great in

any other Province. With regard to the further question whether

labour so provided is “forced” in the sense that it is performed by

36.

Employment

of slave

labour by

Government.


order, and not by voluntary service, the primary meaning which I

have attached to the term “forced” labour in this and other

Memos., &c., is labour without payment. If payment is made to

the labourer himself, the worst feature of compulsory labour is

avoided. I would wish that, if possible, there should be no

compulsion (even though payment be made), but this is not

always possible in the present circumstances of the country,

especially in those alluded to at Sokoto. Even in a country where

labour is wholly free, a contractor directs his “hands” to engage

in whatever task he has contracted for, and in this country,

whenever labour is unavoidably engaged through a Native Chief

as contractor, or where in cases of emergency or essential public

works pressure has to be exerted to provide labour, Government

must pay the labourer himself his full wage. The action of

Government in this case has a certain analogy in the custom

approved by Koranic law of allowing a slave to work for his

redemption, for in that case also the services of the slave are lost

to his master while he is earning money to buy his freedom.

NOTES

1 Frederick D. Lugard, Instructions to Political and Other Officers, on Subjects Chiefly

Political and Administrative (London: HMSC, 1906). 2 Asbenawa refers to the Tuareg of Adar and the Air Massif. 3 Ringi people near Mokwa. 4 This is an attempt by Lugard and the British officials to support both sides of the slavery

debate—to end the institution of slavery without disrupting existing socio-economic

practices. For details, see Paul E. Lovejoy and Jan Hogendorn, Slow Death for Slavery: The

Course of Abolition in Northern Nigeria, 1897-1936 (Cambridge: Cambridge University

Press, 1993). 5 John Kirk (1832–1922) was a Scottish physician and British administrator in Zanzibar. 6 Major Sir John Alder Burdon (1866-1933) was Governor-General of British Honduras

(now Belize) from 1925 to 1932. In early 1900 he was appointed Assistant Resident in

Northern Nigeria. 7 G. W. Webster. 8 On murgu, see Lovejoy, “Murgu: The Wages of Slavery in the Sokoto Caliphate,”

Slavery and Abolition 14 (1993), 168-85. 9 Money given by the bridegroom to his bride before the marriage ceremony is

performed. 10 E. C. Duff. 11 bacucane; bacuceni, someone born in slavery of slave parents.


12 Dr. Featherstone Cargill. 13 On Freed Slaves Homes, see Gabriel O. Olusanya, “The Freed Slaves' Homes—An

Unknown Aspect of Northern Nigerian Social History,” Journal of the Historical Society of

Nigeria, 3.3 (1966), 523-38; and Chinedu N. Ubah, “The Colonial Regime and the Problem

of Freed Slave Children in Northern Nigeria,” Slavery and Abolition 14 (1993), 208-233.


DOCUMENT 6:

MEMORANDUM NO. 22

THE CONDITION OF SLAVES. AND THE NATIVE LAW

REGARDING SLAVERY IN NORTHERN NIGERIA

Frederick D. Lugard

1. The joint authors of the excellent little treatise, entitled

“First steps in Muslim Jurisprudence,”1 point out that the

Mohammedan law in operation on the West African Coast, as

also over most of the North-West of the Continent, is almost

universally founded on the doctrines of the school of Maliki. The

Mohammedans of West Africa are exclusively Sunnis, and this

sect is divided into four distinct schools or rites, viz., Hanafi,

Maliki, Shafii and Hanbali. The Maliki School was founded by

Malik of Medina, and a compedium (Mukhtasar) of its tenets is

contained in the Risalah of Abu Zayd. Some parts of this have

been translated in the little book I have alluded to, but

unfortunately “all references to the institution of slavery have

been omitted, as being without general utility at the present day

in British Colonies or Protectorates.” (sic.) Pending a translation

of the whole Risalah into English, I had intended to compile a

few notes on the interpretation of the Law by the chief Jurists of

the Protectorate, and I had hoped, with this end in view, to

assemble a Conference of the leading Alkalis. The disturbances

at Sokoto in the first place, and the subsequent termination of my

own connection with Northern Nigeria in the second place, have

frustrated this intention, to my great regret. In default of a more

thorough exposition, I have put together in the following notes

such rulings by Alkalis of acknowledged authority, as have

reached me from Residents of different Provinces in reply to

circular questions. This I have done rather as a basis for enquiry

and verification by each Resident, than as an authoritative

statement, since (as will be seen) the statement of two different

Residents from the same Alkali are occasionally divergent,

1.

The Moham-

medan law

on slavery in

Nigeria


owing probably to inaccurate interpretation, and, as one reliable

officer observes, “it is difficult to convince the informants that

their information is not wanted in order to incriminate them un-

der the Slavery Proclamation.” In consequence their statements

may, perhaps, occasionally be guarded and incomplete.

2. Captain Ruxton (Gando)2 supplies the following notes:-

“(a.) The Bawan Gandu is the slave of the highest rank,

often of wealth and influence. He is the headman of his master’s

other slaves, and has authority over them. He lives in his own

house, and, as long as he retains his master’s favour, is not

interfered with in any way. He enjoys, however, no greater rights

than any other slave, his property is his master’s, his children by

a woman given him by his master or procured by himself are not

his own, but form part of his master’s estate at death; and if his

children are by another master’s slave, they belong to that

woman’s master. Such a slave would not be sold on being

inherited by another master, except at his own request; he would

then be deprived of all that he had, in much the same way as the

estate of an office-holder reverts to the State on his death, in so

far as the property was acquired by virtue of the perquisites and

the influence that office had brought him. Slaves of this class in

Jega do not seem to have special functions beyond those of

supervising the work of the other slaves.

In the Emir of Gando’s household, three of them are in

charge of the stores and personal belongings of the Emir. A slave

of this class might be appointed guardian to minors, should his

master have died leaving no near blood relations.

(b.) Bawan gida, “the slave of the house,” e.g., domestic

slaves, consisting for the most part of women and children.

(c.) Bawan gona, farm slaves; this class in Gando comprises

almost the entire agricultural community. The farm slave is given

a piece of his master’s land, from which it may be said in most

cases he is by custom inalienable. If he has been manumitted, he

is usually allowed to retain his house and crops, though of course

they do not legally belong to him.

Farm slaves as a rule are supposed to work from soon after

sunrise to about 2 p.m. Friday is almost universally given as a

holiday. The gleanings of the master’s field are considered the

perquisite of the slaves, and a small percentage of the crop itself

is also often given.

2.

Classifica-

tion of slaves.

MEMORANDUM NO. 22 — THE CONDITION OF SLAVES 179

Should such a slave desire to free himself, he approaches his

master with a small present, he is told what his freedom will cost

him, and, if he possesses at least half the money, he pays it and

continues to work until he has amassed the whole. On getting his

freedom he would still probably continue to live on his master’s

land, and in some cases will enter into a sort of partnership with

him.

Among the Fulanis on the Benue, manumission is practically

unknown, and they never give their slaves the chance of working

for themselves. There is no doubt they make far worse masters

than the other more indigenous races.

(d.) Bawan murgu consist of those slaves who, on condition

of bringing in a certain amount per diem, are allowed to do as

they please. This class is now probably on the increase.

(e.) Bawan yerdede are the Winnaboes or “trade-boys” of

the rivers. They are the trusted slaves who are sent away on

trading expeditions. In Gando, owing to the lack of capital, this is

a small class.

(f.) Sabon bawa. This comprises newly-acquired slaves and

all those who used to be bought for barter. The supply having

ceased, the class is now barely discernible in this Province.

(g.) The Bachucheni are the children of domestic or farm

slaves, and, in practice, were seldom sold by their masters. It

often occurred, however, that a chief would seize all the property

of a subject, including slaves of this class, and then sell or

dispose of them.

A master’s power over bachucheni appears to be little more

than that over his sons; they probably form a large majority of

the criminal class in the purely Native towns, though a criminal

class in the European sense can hardly be said to exist.”

This resumé gives a good general classification of the slave-

class. The rights and privileges of the farm slaves and others are

those in force in Gando. It will be seen from subsequent para-

graphs that these rights and privileges, and the general conditions

of slavery, vary much in different Provinces.

3. Mr. Vischer3 supplies some interesting notes on the

comparative value of slaves in Bornu. When sold, slaves were

divided into classes according to length of body, physical ability,

and sex. The most valued were the Eunuchs (Maibe). As it is

forbidden by the Koran to castrate males, these slaves were

chiefly derived from Baghirmi and Wadai; but it would seem that

3.

Values of

Slaves, &c.

(a) Eunuchs


powerful Chiefs often castrate slaves who were caught in the

harem, and if they survived, they were kept as eunuchs. Mr.

Hewby4 adds that about 80 per cent; died under the operation.

There were five eunuchs of high rank in Bornu (of whom four

remain), two of the second grade, and about ten younger ones.

Castration is not practised in Bornu itself. Regarding Eunuchs

among the Pagans in Bassa, see Memo 23 para. 10 (g).

Male slaves were measured from the ankle-bone to the

shoulder. Those measuring from 4 to 6 spans were counted as

boys; 7 spans as young men (samari.) The last two classes were

adults (with beard) and old men. Boys of 6 spans commanded the

highest price; then young men, but these were not regarded as so

safe an investment as boys, as being more likely to run away. For

this reason adult men were of much less value than the others.

Old men were valued lowest.

Girls of ages corresponding to the boy-class were priced

more highly than males, and those of an age corresponding to the

young man class (Debugu) were the most valuable of all. All

above this age were in one class (Kanu), and were of greater

value than men slaves

(b) Males.

(c) Females

4. In Bornu a farm slave has to work five days in the week,

and has two to himself, on which he can earn money privately or

farm for himself, and out of these earnings he has to clothe,

house, and feed himself. He has, in addition, to make certain

small gifts to his master, e.g., a portion of the produce of his own

farm before sale at market. On the other hand, he is entitled to a

small allowance of grain when it is being stored. He may own a

farm of his own, and sell its produce, but pays dues to the Village

Headman for it. Such slaves belong to their master, and do not

pass with the transfer of the land. By law their property is their

master’s but by custom it is seldom confiscated. Similarly a slave

could formerly be sold or pawned, but this was never done unless

the master was in great straits, or the slave was incorrigible. The

slave often became very prosperous and owned cattle, &c., being

sometimes in a position to help his master with a loan. (Gall.)

Mr. Vischer adds that the slave’s plot of land was given him by

his master, and he could hire additional land. He was, as a rule,

married. Household slaves were treated as members of the

family, but could not leave at will. They could sell a part of any

wood, &c., which they collected, and if they had no land or other

means of acquiring private funds, the owner was responsible for

4.

Conditions of

work and

privileges

(a) Bornu


their food and clothing. The master had the absolute right to sell

any of his slaves whenever he pleased.

Major Burdon5 writes as follows:- “Mohammedan law

forbids the sale of a female slave who bears a child to her master,

orders the manumission of a slave chastised by his master

without cause, lays down penalties for the murder of a slave, and

gives the slave the right to sue for damages in the Court. With

these exceptions the slave has no legal rights in Islam, nor

security against sale at any period of his servitude. The Koran

lays down generosity and consideration towards slaves, and

Mohammed inculcated kindness, forebearance, and equal libera-

lity in the matter of food and raiment, as to the free members of

the household. But neither the Koran nor the traditions are law

except so far as they embodied in the various codes. And it is

important to remember that the humane treatment, which is so

usual in this country, is due to personal or national character,

custom, public opinion, and the danger of loss by desertation,

and cannot be enforced by Mohammedan Courts of Law.6

The hours of work for a farm slave are supposed to be from

daylight till midday, but this depends very largely on the

character of the master. A hard man will keep his slaves at work

till the afternoon or evening, and will, moreover, neglect to

provide them with food whilst working for him. But the slave’s

remedy and the master’s punishment lay in the ease with which

an adult slave could desert. In Bida, I think, the slave had two

whole holidays a week, Sunday and Thursday; here (in Sokoto)

there is only one, Friday. The farm slave is always given land to

farm for himself, the produce of which provides for himself and

his family, and enables him to lay by money for the purchase of

his freedom. The master is supposed to provide food, and good

food, for his slaves whilst they are at work on his farm. Sensible

men provide such good food that the slaves regard it as a feast,

and work with a will. A diet of nothing better than beans is

answerable for many a desertion.

In a country where no private proprietary rights in the land

are recognized, even amongst free citizens, it is impossible to

expect that the slave should be considered to own either his

house or his farm. A master must necessarily, and in his own

interest, provide his slave with land to cultivate, and to give him

either a house, or materials and opportunity for building it; but

the master can always evict the slave from both, giving others in

(b) Sokoto


exchange elsewhere to suit his own convenience, just as the Emir

can similarly treat the master.

The slave, whether farm or domestic, has no right at law to

hold property of any kind. Being himself the absolute property of

another, all that he possesses, wives, children, slaves, horses,

belong to that other, and delivery in whole or in part can be

demanded at any time. I cannot say to what extent this used to be

done, but it does not appear to have been very strongly

condemned by public opinion, or very actively resented by the

losers. I think (I have no definite grounds for the opinion) that

probably the constant vague rumours of extortion round Bida

may have arisen from an attempt to enforce this former right. In

view of the action of Government towards slavery, and the

consequent ever recurring losses of the masters, they would

naturally think themselves justified, if they must lose the slaves,

in at any rate taking steps to prevent the loss of such of their own

property as the slaves held. And the slaves, though they might

discuss their grievances with the servants- themselves ex-slaves-

of some passing white man, would not dare to bring a complaint

to the Resident about what they would be accustomed to consider

as their master’s natural right.

The affection, humane treatment, and equality with the free

members of the household, in the matters of clothes and food,

accorded to slaves, are well known; they are fully described by

Clapperton.7 A favourite slave receives frequent gifts during his

master’s life, and is very often a legatee at his death. But the

slave himself, as I have said, has no testamentary powers.

For crime, misconduct, or refusal to work, a slave is saleable

at any time. For the first he would be sold to a dealer, with the

object of getting him traded out of the country. The Court, before

which the crime was tried, would use pressure to ensure this.

Otherwise the offending slave would be sold to a fellow-citizen,

given in part payment for a horse or some similar purchase, but

not sold to a trader as a general rule. Apart from the above

legitimate reasons, the sale of a slave, who after a period of

probation has proved himself a satisfactory worker, is most

unusual, and contrary to the dictates of public opinion.

Should a master be compelled by poverty to sell an old and

faithful slave, it would be done with the slave’s consent; he

would be allowed to choose for himself the master who should

buy him, and even go to him to arrange for his purchase. In


Nupe, should a master try to effect the sale of such a slave

without his consent and without giving the choice of his new

master, the slave could obtain redress from the Headman of his

town. This is not the case in Sokoto, where no one is “held to

have the right to interfere with an owner in the disposal of his

property. Public opinion, however, would never allow such a

slave to be sold into a trader’s slave gang, or out of the country.”

Mr. Hillary8 adds that “slaves often rise to considerable

positions by the favour of their masters, such as ‘Kofa’ to a town

or district, or important household positions.” It is Important to

note that, in this Province, slaves may sue their masters, and are

themselves liable to imprisonment.

Farm serfs may buy and hold farms of their own, and in

some cases are given one day in the week for their own farm

work; in other cases they are allowed from 2 p.m. to 4 p.m. for

themselves. In Katagum they have two free days. The whole

produce of this land is their own, provided they pay the tax.

Trusted slaves are allowed to engage in trade. There is no

difficulty in self-redemption. The relations between a master and

his slaves are often very intimate, and it is not uncommon for a

master to will property to a slave. No serf, or child of a serf, ever

enjoys immunity from sale, however long in the service of his

master. The only exception is the case of a slave concubine who

has borne her master a child (Cargill). Slaves may marry a free

woman, if they pay the dowry (Bailley). In Katagum a household

slave does not get any land for himself.

Captain Orr9 writes:

“I cannot find any instance of slaves being attached to land

with any rights in it, or of remaining on it permanently. On the

contrary, my informants assert most positively that in every case

a master had an invariable and inalienable right to sell any slave

at any time, even those born in his house, i.e., so-called

‘domestic slaves.’ If land was sold, the slaves living on it were

not included in the bargain. A slave, however, could—and often

did—own land, and was allowed at least one day a week to

himself to work for himself. Indeed, a slave might be allowed to

reside altogether on his own farm, on condition of his paying his

master a certain sum yearly. Sometimes a slave was given land

by his master; sometimes he bought it.” The affection of owners

and slaves is often great, and a master will often leave property

to his slave in his will.

(c) Kano

(d) Zaria


Mr. Goldsmith10

states that in Nupe:

“If a slave is purchased in the first place, he can always be

sold again, no matter how long the purchaser has kept him. The

only redress a slave has is to redeem himself by payment of

purchase money. The master naturally would not sell a slave, if

he was a good worker. If he a slave is a good worker and loyal to

his master, his name is changed, and he becomes more or less as

one of the family- a wife is given to him, and any offspring as the

outcome of the marriage are called bachucheni, and cannot

according to Mohammedan law be sold. Even after this change

has been effected, the slave cannot legally leave his master; he is

still his master’s purchased property. He farms his master’s land,

and is often given a small plot of land by his master for his own

use. There is no voluntary gift to the master from this small plot

of land that I know of.”

Mr. Gollan,11

from conversation with the Alkali at Bida, reports

that: —

“A master can sell a newly-acquired slave, but should not,

unless he has been guilty of misconduct, part with him to a dealer

in slaves. When a slave has been in a house or a farm for a year

or two, he cannot, unless for misconduct, be sold to a dealer. If

his master tries to do so, he can appeal to the Seriki, who will

force the master to forego the sale. If an owner is forced by impe-

cuniosity to sell such a slave, he must give the slave a chance of

finding a master for himself. If a master allowed two of his

slaves to marry, his friends would curse him if he sold either.”

Mr. Upward12

stated that the law in Lokoja was the same as

that in Nupe. He says that, if a slave remains with his master for

a year or two, he cannot be sold except at his own request. He

could appeal to the Alkali against such a sale, but the master

could effect it if he persisted—as, for instance, if he were in debt.

He is entitled to sell him to a dealer, but if fond of him he would

let him seek for a good master. “Generally speaking (he adds) the

slave of five years cannot be sold, but must be given the chance

to find money to redeem himself, but the master can sell the

slave if forced by pressure of debt. The father cannot sell his

child. If a master allows two of his slaves to marry, he does not

lose the right to sell either of them.”

Capt. Larymore13

states that “a master regards his farm

slaves as saleable (if considered unsatisfactory) for two or three

years after their purchase. At the expiration of from four to five

(e) Nupe

(f) Kabba


years, when it has been decided that owing to good behaviour

and personal affection the slave shall become a member of the

household, the chief distinction made is to give him a new name.

His old slave name is from that day forgetten and never

mentioned. Once this change has taken place, the man cannot be

sold, and may, if he wishes, leave his master, but he invariably

decides to remain. He farms on his own account, giving volun-

tarily a share of his farm produce to his old master. The affection

between owners and slaves of this kind is very great at times, and

I am assured that it is of common occurrence that at death an

owner will leave a favourite individual of this description the

bulk of his property. The children of such serfs enjoy absolute

immunity from sale.”

Mr. Dwyer14

says that the same principles hold good in

Illorin. He adds, that if a slave wishes to learn Mohammedan

law, money is granted from the Charity Fund to enable him to do

so. A farm slave is required to make 200 yam heaps a day (by

working hard he could do a 1,000), or to work up to 11 a.m. each

day; he can till a piece of land for himself (seed and hoes being

supplied by his master), and with the proceeds can buy his

freedom or a wife. He is fed, clothed and housed as one of the

family, and is rarely sold unless idle. Children formerly were

sold, but this is now stopped.

Mr. Webster15

says that in Nassarawa there are two forms of

contract for farm slaves. Under the first form “a serf receives a

house and farm for himself, which he can work on two days in

the week, and on any other days if he has time to spare, but his

master can claim all his time on the other five days. If the

produce of his farm is not enough, the master must contribute to

his support. The slave must keep his house in repair, and do any

building work required. The master supplies clothes and tools,

also incidentally a wife. In case of sickness or absence, the

burden of the support of his family lies on the master. These serfs

are grouped in villages, usually under a freedman of their owner,

in the first generation, though after that they may be allowed to

elect their own chiefs, who still remain serfs in name though

having all the privileges of a freeman. This class of serfs is not

immune from sale in the first generation, but the second

generation having been born on the farm are “sons of the house,”

and, though the law does not protect them, it is considered a

(g) Illorin

(h)

Nassarawa


disgrace to sell them except in two cases, i.e. (1) an incorrigible

runaway is sold—generally I gather to the man to whom he

wishes to run—in order to avoid loss of capital; (2) a serf is

liable to be sold as a punishment for adultery. The native law

lays down death as the punishment, but I gather that the general

feeling had turned against this lately, and that sale into slavery

and flogging were generally substituted The second form of

serfdom is even lighter. The serf under this contract can take up

as much land as he chooses, paying a rent in kind, usually a tithe

of the produce. Besides this he has presents to make at the “Sala”

festival and whenever the owner visits the settlement. The serf is

also his master’s banker, i.e., if his master wants money, he

simply calls on these serfs to supply it. In certain years when

there are no drains on the master’s purse, therefore, the serf

enjoys nearly the whole produce of the farm; in others, when the

master requires money, they may have little more than enough

for their own support. Nominally, these men are bound to the

land, but in practice they are allowed to move if they choose.

They are treated as freemen, choose their own Seriki and head-

men, and their “Gado” is that of the freeman. They cannot be

sold, and are absolute owners of their land. In short, they are to

all intents free men, holding their farms on an uncertain rent,

fixed only by the requirements of the owner’s purse.”

Major Blakeney16

writes:—“Slaves are kept in every

village and town, and their condition differs little from that of

their own proprietors. A farm slave is given a separate plot of

land for his own, and is allowed to sell the produce of it, after his

master has sold his own. He is allowed to purchase as many

wives as his means allow, and is as a rule as well housed as his

master. He has one day in the week to work on his own land.

Many farm slaves become rich, and own many slaves of their

own. Household slaves are given land in or near the town, and

can devote two days a week to it, as well as all their other spare

time. There is also a system by which slaves can hire themselves

from their masters by paying 50, 100, or 300 cowries a day; they

are then free to follow their own trade, and earn their own

money. The masters have the right, however, to refuse to sanc-

tion this arrangement. A slave by paying his master the sum of

5,000 cowries is free for a whole year.”

Major Sharpe17

says that in Kontagora, a slave-owner can sell

any farm slave, whether satisfactory or otherwise. He remarks

(i) Bauchi

(j)

Kontagora


that he has never heard of a case of property being left by will to

a slave or ex-slave and doubts whether a will in this sense would

be given effect to, to the exclusion of relatives. Slaves are

allowed two days in the week to work for themselves, and are

entitled to leave a master who cannot feed them properly.

Mr. Elphinstone18

reports that slaves are given two days in

the week free, but are as a rule lazy and well treated, and take as

much time for their own work as they see fit, except household

slaves who are under their master’s eye on the home farms. They

pay a tithe of their own produce to their master, and he does not

include this in his account of Zakka. They are never sold unless

useless.

I do not propose to discuss the condition of slaves in Pagan

communities, since, as I have said, the Government does not

recognise the institution in any way among such communities. It

has, however, been practised among the Okpotos, Yergums, and

many other, if not all, Pagan tribes hitherto. The Yergums do not

allow one of their own tribe to be held as a slave, but the Angass

buy and sell their own people freely. A male slave among the

former was valued at about £4 10s., a woman at £3. All male

slaves became free on the death of their owner, but female slaves

were never freed under any circumstances. Free and slave

women, however, do the same work in the fields. A female slave

could marry a freeman (Lobb).19

(k) Yola.

(l) Pagan

slave

5. The following appear to be the principal rules applicable

to sexual relations between a master and his female slave:—

A slave concubine cannot be sold if she has borne a living

child to her master, and becomes free on his death (Hillary)20

;

otherwise she maybe, if guilty of theft or adultery. Even in that

case a pious man would prefer to marry to a male slave or to sell

her to a master of her own choosing, and not to sell her to a

dealer. If she has borne a child she is practically free, and if her

master were to sell her he would be liable to punishment as for

selling a free woman. If he ill-treats her, she has the right to leave

him without redeeming herself. Some say that she is freed on the

third occasion on which he beats her. If not with child, the Alkali

can marry her to another man, and she is given a paper of

freedom. Her children by her master remain with him as his

property, and are “bachucheni” (vide para 6). Others again say

that she can leave her master at any time, and he has no redress,

5.

Marriage

and

concubinage.


but retains the children. If a master dies, his heir cannot sell a

concubine who, though barren, has behaved well, and of course,

cannot sell one who has borne a child.

Mr. Duff21

gives the following notes:—if a concubine with

child runs away with another man, this man must pay the

husband as damages the “dowry,” and must return the child to its

father. If a concubine is freed by her husband and runs away, she

cannot be forced back, for she is a free woman and is under no

man’s authority. The child alone belongs to the father. The

woman cannot be sued for the dowry or purchase-money paid for

her before she was free. And the co-respondent cannot be forced

by the Alkali to pay as compensation or damages any redemp-

tion, or dowry or purchase-money originally paid for the woman.

If a slave concubine after bearing a child to her husband

takes a violent dislike to him, although he does not ill-treat her,

she is allowed to find someone else who likes her well enough to

repay to her husband the original money paid for her. If the

whole of the money cannot be procured, the Alkali may decide

whether a portion thereof shall be deemed full compensation.

The man who provides the money does not purchase her, for she

has borne her husband a child, and she cannot be sold. She is, if

not regularly, married, treated somewhat as a concubine. If a

slave concubine runs away and afterwards agrees to redeem

herself, but does not do so, the man with whom she is stopping

can be forced to pay the debt. If he marries her, knowing her to

owe money, and does not first pay the debt, the punishment is

fifty lashes.

Captain Orr says that in some cases, when a female slave

married, she might go and live with her husband on condition a

certain sum of money was paid annually to the master; but all

children were the property of the master, and if the annual sum

was not paid, the slave was taken back by the master.

In an interesting case from Bida, an appeal from the Agaie

Court was decided as follows:—A girl who was a bachucheni

desired to marry a man and her parents consented, but her owner

refused. The Court ruled that the suitor had the right to ransom

and marry the girl. The Appeal Court upheld this decision on the

ground that she was not a mere slave (being a bachucheni), but

the suitor should first have asked the owner, and taken action

only after his refuse.

Freedom of

choice


6. Children of a master by his slave concubine are free and

cannot be sold; they are called Bachucheni, as also are children

of slave parents borne in the house or farm. These latter may in

strict law be sold, but this is very rarely done, and is regarded

almost like the sale of a man’s own child. Only extremely

pressure of debt would induce a man to sell such children, and

public opinion would condemn him. The Fulani occasionally do

it, the Hausas practically never. They, however, remain slaves,

and are the property of the owner of the mother; children of a

freeman and a slave woman are the property of owner of the

mother (Vischer). A bachucheni is not taught slave—work, and

should not be given a slave name-this is the rule in Lafia but not

in Keffi—but is brought up just like the master’s own children,

and on reaching maturity is given every chance to work for

himself by farming or trading, so that he may redeem himself.

He cannot be sold, even if he commits a crime (Blakeney). If an

owner gives his female slave to another (free born) to marry, the

woman remains a slave (unless redeemed before marriage), and

all her children are slaves and must each be redeemed. They are

the property of her master, and not of her husband (a free-born

woman’s children are regarded as the property of her husband).

If redeemed before marriage, her children are free born and are

her husband’s. (Sharpe). If a male slave marries a free woman,

the children are free. If a male slave marries a female slave and

the father is afterwards freed, the children still remain the slaves

of the woman’s master. If both man and woman belong to the

same master, their children are (as already said) bachucheni, but

the father can claim to ransom them. (Orr). If a bachucheni (girl)

marries, the husband gives her a dowry, and may by custom (not

by law) give a small present to her owner, who acts as her

guardian. If divorced, she would return to her guardian. If she

marries a slave, her children belong to her master or guardian

(Duff).

“When talking over slavery with the Headmen of Lafia”

(writes Mr. Webster), “I reminded them that all children born

since the Proclamation of April 1st, 1901, came into force were

free. They said they had not understood that was enforced by

law, but it made no difference as no self-respecting man would

have a slave born in his house; he became the master’s son, and

was given the name of his brother of father. They said that, in

consequence, they did not fear the day when slaves would cease

6. Children.


to exist, which they saw was coming, as the bonds that bound

their retainers to them were bonds of relationship.”

7. The following (according to Mr. Duff) are the rules

which were recognised by native law regarding the pawning of

persons in Nupe. If a freeman pawns himself of his own free

will, and agrees to work on a farm or elsewhere, he is Freedom

of choice. Paid at the rate of 1,000 cowries, (viz., 4d.) for a full

day’s work of twelve hours, or about 84 cowries (viz. 1/3 d.) per

hour for any less period. (3,000 cowries = 1/- in Bida).

The value of this wage is daily subtracted from his debt,

after deducting the value of his food, which is reckoned at 600

cowries per diem. Thus, in Bida, the net wage for a full day’s

work would be one and three-fifths of a penny.

The pawning of a child is not generally allowed, but if a man

owes debt in a town, and has property in another town which he

wishes to realize in order to discharge his debts, he is allowed to

leave his child as security until he returns. In times of war, if a

man’s child has been enslaved, the father is allowed to free it by

pawning it with another man, till he can repay the debt.

If a creditor keeps a debtor in pawn after the debt is dis-

charged, the wages are carefully calculated, the excess paid to the

debtor, and the creditor is awarded lashes. With Pagans the wages

of a pawn are not reckoned to discharge the debt In Kano the law

is that a man who had pawned himself was allowed, when his

creditor died, a certain time in which to find the money without

being handed on; if he was unable to pay then, he could apply to

the Alkali, who would hear the case and sometimes allow more

time, and sometimes reduce the amount, taking into consideration

the length of time he had worked as a pawn. In Bornu the system

of pawning is practically unknown. Small debts are worked off by

a few days labour on the creditor’s land. (Howard).22

The following law was promulgated by the Emir of Nupe at

the Mohammedan festival on November 28, 1905, in order to

enforce the orders of Government:-

“In these days there is no more war in the land of Nupe, and

the law of the Koran must be established and must be followed,

and the bad customs of the land of Nupe must be abolished.

If a man incurs a debt he can only place himself in pawn, he

has no right to place anybody else in pawn, neither his son nor

his brother, nor his wife, he must not put them in pawn, for thus

saith the Mukhtasar.

7.

Pawning of

Persons.


The custom of the heathen in the matter of pawning is this: if

a man is in pawn and works for his creditor, he receives nothing

whatever for his work, whether he works for one year or for ten

years: this is the heathen custom: it is a bad custom and must be

abolished, and what is laid down by law must be carried out.

If a debtor works for his creditor, his day’s pay is reckoned

at 400 cowries (one and three-fifths of a penny), in addition to

the value of the food given him; thus, if he works for one year,

his wages will amount to 8 bags (£2 8s. 8d).

If a creditor keeps his debtor in pawn after the debt has been

discharged, and refuses to let him go, we will punish him.

All the above is set forth in the Mukhtasar, and I desire that

you should hold to it, that you should work by it, and he who

refuses to follow it, I, Mohomadu, Emir of Nupe, son of Umoru

Majigi, who was also Emir, I shall judge him.

Again, if anyone has a debt owing to him and the debtor

refuses to pay him, let him bring a complaint to the Alkali, who

will surely help him

8. A slave with his master’s consent - which was rarely

withheld - could purchase his freedom. The sum to be paid

(“pansa”) is usually fixed by the Alkali, but may be fixed by the

master who has the right to do so if he wishes; by custom it is

usually twice the value of the slave. In certain cases the slave can

claim to purchase his freedom as a right, or some person may

claim the right to ransom him. Thus, if a slave has been with his

master for five years, and the latter had tried to sell him, the slave

on appeal could claim to have six months or more in which to

earn the money for self-redemption, during which time he would

be free from any work for his master (Gollan), but he must pay a

sum as earnest money, usually about 15s. This right is somewhat

parallel to that of “Murgu.” (See below). Again, if a slave offered

a more than adequate sum and the master refused, the Seriki has

power to order the master to accept. (Upward). A slave of twenty

years’ service could, in Illorin, appeal for liberation, and money

for the purpose was granted out of the Charity Fund. Three-

quarter of this was given to the master, and one quarter to the

slave to enable him to start life as a free man. A slave had to

redeem himself in the presence of twenty persons. (Dwyer).

Instances of the right to redeem slaves born of a union between a

freeman and a slave woman, &c., have been given under para. 6.

Bachucheni could earn their liberation at a lower price than other

8.

Redemption

and ransom


slaves. Thus, in a case at Bida, a slave who was bachucheni to

one of the principal men applied to go and farm on his own

account, with a view to self redemption. His value was assessed

by the Dilali23

accordingly, but was reduced by the Alkali by a

half on account of his status as a bachucheni. Major Burdon and

Mr. Hilary describe the process known as “Murgu” in Sokoto.

This was an arrangement between master and slave, by which the

latter on payment of a fee—which was not an instalment of the

agreed price—was allowed to quit entirely his master’s service

for a year, in order to earn his redemption money. Until the time

had expired the master had no power over the slave, and all he

earned was his own property, and he could go away and trade.

Mr. Webster describes a variation of the same thing in Nassa-

rawa, whereby a slave was free from all service to his master, in

consideration of a weekly payment (for board and lodging)

varying from 4½d to 1s. In a case before the Court the ransom

had been fixed at £7, and the slave was ordered to pay weekly

instalments of 4½d as Murgu for board and lodging, and be free

to do as he pleased. Mr. Duff states that, if a runaway slave is

caught and agrees to pay ransom, and is consequently freed, the

debt can be enforced in Court, provided that he reiterated the

promise of his own free will after liberation.

In Illorin four farms belonging to the Emir are set aside for

slaves to work on, who are redeeming themselves. In Zaria a

slave might work a separate farm, and pay an annual sum to his

master. In Bauchi the “Murgu” was fixed at from 4d. to 2s. per

week, or 5s. per year. (sic) (See Memo. 6, paras, 10 and 18).

There appear therefore, to be two systems, the first consists (as in

Sokoto, &c.) of paying an earnest fee and then earning the

redemption money without further payment till it was complete.

The second, a system of independent work (not necessarily with

a view to redemption), in consideration of a periodical payment.

9. Liberation of slaves, without payment, by the voluntary

act of the master is not uncommon, being enjoined by the Koran as

an act of piety. The gift of freedom is generally made at one of the

festivals, the commonest form being the presentation of a certi-

ficate of freedom to take effect at the death of the master. This

posthumous manumission is always binding on the heirs. The

certificate is drawn up by the Alkali, and is an undisputable legal

instrument (Burdon). In a case at Bida, a slave was liberated even

in opposition to the claim of the Emir. Whenever a slave was

9.

Manu-

mission


liberated, either by ransom or by voluntary act, his name was

changed from the class of names owned by slaves to that owned

by free men. In Nupe, Kabba and Illorin it is reported that a slave

of four or five years’ good service would have his name changed,

though still remaining a slave (vide para. 4, (e) and (f), but in all

the other Provinces it appears never to have been done until the

liberation had been actually effected. (Burdon, Cargill, Sharpe,

&c.) A slave in some cases was allowed to redeem himself by pur-

chasing another slave to take his place (Elphinstone) Liberation

was usually made in the presence of a number of householders and

mallams; the Fatiha was recited, and a written certificate of

freedom given to the slave. (Vischer.) A slave once liberated

becomes a free man in every way. In a Native Court at Yola a

penalty of two months’ imprisonment and 100 lashes was passed

upon a woman for re-enslaving a girl liberated by her deceased

sister. Slaves, after liberation, remain friends of their late master’s

family, and frequently great affection exists between them. Free

men in Yola are reported to work for hire, viz., food and lodging

while at work. Capt. Orr reports that it was especially common for

Fulani owners to free their slaves, and in certain parts of the Zaria

Province there are whole towns peopled entirely by ex-slaves freed

by the Fulani. The absolute freedom accorded to a liberated slave

in Nigeria is another instance of the liberal treatment of the slavery

question in this Protectorate. In Zanzibar the theory is, I think, that

the owner who frees a slave is like the father who calls a child into

being. Until freed he had no existence as a man, and when freed

the master stands in loco parentis, and has power over him as the

power of a father, and is heir to any property he may acquire.

10. If a Jihad (religious war) is declared, it is lawful to seize

all those who refuse to become Moslems, and to sell them as

slaves. Some Alkalis are reported as saying that there is no law

preventing a Mohammedan from being enslaved, but a pious

Moslem will not sell a co-religionist. Others say that no Moham-

medan can be made a slave.

Anyone who steals a free-child, and restores him on demand,

is fined £8. If not restored, the fine is doubled. Anyone who

steals a slave is fined a like amount, whether the slave is restored

or not. In either case the fine is in lieu of amputation of one or

both hands. (Duff.) If a slave stole another slave in Illorin, he

was given three years’ imprisonment. If he sold a free man, he

was condemned to death or imprisonment for life.

10.

General

notes.

(a) Enslaving

(b) Slave

stealing.


Regarding the recognition of a slave as a person competent

to give evidence in Court, and to sue and be sued, See Memo. 23,

para.4 (a); re crimes of murder of, or by, a slave, See Ibid, para.

6.

No man may harbour a fugitive slave without at once

reporting the matter to the Headman of the town, who would

return the slave to his owner. The latter would have to pay a

reward to the captor. The slave would probably be punished by

flogging.

A curious custom is reported from Bornu (Vischer.) If a

slave desires to leave his master and go to another, he runs away

to the house of the man to whom he wishes to be transferred, and

cuts off the ear of a horse, or slits the ear of a child or slave,

belonging to the master he desires. The latter then prosecutes the

owner for damages, and the slave is paid in part or in the entire

discharge of the award. The owner may, of course, retain the

slave and pay the damages assessed, but rarely does so lest the

slave should repeat the act. On the other hand, the slave risks a

heavy punishment instead of the desired transfer. Compare

Exodus, chap. 21, vers. 6

(c) Position

of slaves and

owners in

Native

Courts

(d) Escape

of slaves.

(e)

Changing

Masters.

11. I have compiled this resumé from such notes as

Residents have from time to time made on the subject, with the

object rather of prompting the collection of fuller and more

accurate information by each Resident, than for their intrinsic

value, for it will be seen that the statements of different Residents

are occasionally contradictory. Of course the laws and customs

regarding sale, pawning, &c., refer only to the pre-existing

règime, and all transactions in slaves are now illegal—as also

any discrimination in the punishment of slaves. From the prac-

tical Administrative point of view, my object has been to learn in

what particular each Province has adopted some especially libe-

ral treatment. Residents should, therefore, study the procedure of

their own and of other Provinces, and note any point upon which

there exists elsewhere an interpretation of the law or a custom

more liberal than that which obtains in their own Province, and

should bring pressure to bear upon the Native Courts and Emirs

to adopt it. This is, so to speak, to apply the principle of “the

most-favoured-nation clause,” and to level up every Province to

the most liberal treatment accorded in each particular in any

other Province. Thus it appears that in most Provinces the slave

is allowed two days in the week to work for himself—this should


become universal. In some Provinces (e.g., Sokoto) the master is

compelled to liberate the slave who desires to redeem himself,

and at a fair rate. This provision should similarly be adopted

throughout the country, and the rate should be fixed by the Alkali

and not by the master, and should be only the reasonable value of

the slave, and not twice the value, and the master should (as is

generally the case) maintain the slave while he is working for his

ransom. The slave, who is refused the right of redemption,

should be encouraged to appeal to the Courts. But above all the

system of “Murgu” should be encouraged, for it has an educa-

tional value in the transitional stage from slave to free labour,

more especially that form of the system which allows a slave

complete freedom, provided he pays a weekly sum to his master.

The step from this system to one of a recognized freeman paying

a small rental for his holding is but a small one. Native Courts

should be encouraged to award liberation freely in cases of ill-

treatment.

F. D. LUGARD

High Commissioner

September, 1906.


NOTES

1 al-Kairuwani Abd Allah ibn Abi Zaid, Alexander D. Russell and Abdullah al-

Ma'mun Suhrawardy, First Steps in Muslim Jurisprudence, consisting of Excerpts from

Badurat-al-Sa'd ofIbn Abu Zayd (London: Luzac and Co., 1906). 2 Upton F. Ruxton, Resident of Gwandu. 3 Major Hans Vischer was born in Switzerland in 1876 and became a naturalized

British subject in 1903. He first went to Nigeria as a missionary in 1901 and in 1903 was

appointed to the Northern Nigeria Administrative Service, subsequently becoming

Director of Education in Northern Nigeria. 4 W. P. Hewby, the first British civilian administrator for Borno. 5 John Burdon. 6 It would perhaps be more correct to say that the Courts were not bound by the Shari’a

to enforce them. 7 Hugh Clapperton, a British naval officer who visited the Sokoto Caliphate twice

between 1824 and 1827. He died in Sokoto in 1827. See James Bruce Lockhart and Paul

E. Lovejoy (eds.), Hugh Clapperton into the Interior of Africa: Records of the Second

Expedition 1825-1827 (Leiden: Brill, 2005) and Dixon Denham, Hugh Clapperton, and

Walter Oudney, Narrative of Travels and Discoveries in Northern and Central Africa

(London: John Murray, 1826). 8 H. R. P. Hillary, Acting Resident Sokoto Province 9 Charles Orr. 10 Herbert S. Goldsmith, Resident of Nupe Province 11 Henry Cowper Gollan, Chief Justice of Northern Nigeria until January 1905 12 Allen Upward, Resident administrator in Kabba. 13 Henry D. Larymore, Resident of Kabba Province. 14 Pierce M. Dwyer, Resident of Kabba Province. 15 G. W. Webster. 16 J. E. C. Blakeney 17 Major W. S Sharpe. 18 Kenneth Vaughn Elphinstone. 19 Reginald Popham-Lobb, one of Lugard’s staff members in early colonial Northern

Nigeria. 20 H. R. P. Hillary. 21 E. C. Duff. 22 Oliver Howard, Senior Resident, Bornu Province. 23 broker, mediator.

https://archive.org/search.php?query=creator%3A%22%27Abd+Allah+ibn+Abi+Zaid%2C+al-Kairuwani%2C+922+ca.-996%22

https://archive.org/search.php?query=creator%3A%22Suhrawardy%2C+Abdullah+al-Ma%27mun%22


DOCUMENT 7:

NATIVE COURT BYELAWS OR RULES,

SOKOTO PROVINCE (1916) 1

Rules and Byelaws made under Native Courts Ordinance Section 24 for

Gando Emirate, by the Sarkin Gando in Council and consultation with the

Alkalin Gando.

Slavery. 1. Any man who ransoms a slave except before the Alkali

commits an offence; his punishment is imprisonment at the discretion of the

judge up to 12 months and £10 fine.

2. All children born since the 31st March, 1901 A.D. are free. Any Alkali

who ransoms a slave without seeing it commits a crime and will be dealt

with by the Judicial Council.

Signed Sar. Gwandu Muhamadu and G. Malcolm2

Native Court Rulings, forwarded by Malcolm, 14 July 1917

Rules made under the Native Courts Ordinance Section 24 for Argungu

Emirate, drawn up by the Sarikin Kebbi in Council and in consultation with

the Alkalin Argungu.

Slavery. The object of this Law is that all people born since 31st March,

1901 shall be free.

(a) Any person who holds in slavery or accepts ransom money for a child

born since March 31st, 1901, has committed an offence, and is liable to

imprisonment up to six months with or without a fine not exceeding ten

pounds.

(b) Any person who ransoms a slave without reference to a Native Court

has committed an offence and is liable to imprisonment up to three months

with or without a fine not exceeding five pounds.

198 NATIVE COURT BYELAWS, SOKOTO PROVINCE

(c) Any person who deals in any slave or reduces a free person to slavery is

liable to imprisonment up to one year with or without a fine not exceeding

ten pounds.

Signed Hailu, Emir of Argungu, 6 July 1917.

Translated as:

Bayi da Fansa

1. Kowane mutum wanda ya damra fansan Bawa ko Baiwa ba Gidan

Alkali ba ya yi laifi; shariyan sa damri iyankansa shekara guda da tara pam

goma asma da rangamin Alkali.

2. Duka yara da anka haifa tun zakuwan Turawa wato ran lahadi goma ga

watan Zulhija shekaran Hijra dubu da dari usu da goma sha takwas diya

suke. Kowane Alkali wanda ya ba da damrin fansa bai ko gani wanda ake

fansa ba ya yi laifi; shariyan sa sai Sarkin Gando da maajelissan nai.

NOTES

1 SNP 769p/1916, Nigerian National Archives, Kaduna. 2 Resident, Gwandu.


DOCUMENT 8:

MEMORANDUM ON CONCUBINAGE AND DOWRY1

P. G. Butcher2

No. 14841/24/2

Keduna, 17 October, '31

FROM THE SECRETARY, NORTHERN PROVINCES,

TO THE RESIDENT SOKOTO PROVINCE.

Advisory Council, 1931

Concubinage and Dowry.

I am directed by the Lieutenant-Governor to inform you that it is

proposed to raise the question of concubinage, with the allied subject of

dowry, at the forthcoming meeting of the Advisory Council in order to

discuss the trend of public opinion brought about by the changes intro-

duced into the social system caused by the slavery policy introduced with

our administration of the country.

2. Owing to the fact that by reason of this policy all children born

after the 31st of March, 1901 are freeborn, it can be said that there is not

a virgin slave of age to be taken as concubine in the country. By the letter

of the Moslem law, as interpreted in Nigeria as well as in other countries,

a man can have only four legal wives by an unlimited number of slave

concubines, though it may be held by authorities that only four wives or

concubines may be maintained on legal status. It is perhaps possible that

the custom of concubinage is dying out, but if not, it is difficult to see

what way the new social order will evolve. A man with free-born concu-

bines must by legal purist be considered as living with them in an extra-

legal relationship. If concubinage however should continue this would

lead to an impossible situation and some: legal fiction or adjustment of

the law would appear to be necessary. How then is the Moslem

conscience moulding public opinion on this question?

200 P. G. BUTCHER

3. It has been said that the prevailing moral laxity as regards

marriage and divorce has been contributed to largely by the falling into

desuetude of the giving of a substantial dowry. It is also said that the

custom of “deferred” dowry was once in force in certain parts of the

country and it is suggested that the question might be discussed with a

view to ascertaining the opinion of the Chiefs as to the extent to which

the above matters have influenced the situation and as to whether the

practise of “deferred” dowry would have a restraining effect on capri-

cious divorce.

4. A footnote to page 56 of Russell’s “Muhammadan Law of

Marriage” reads as follows:-

“In theory the marriage is complete as from the conclusion of the

contract and the rights of the parties rest thereon, so that the woman is

entitled to the immediate payment of her dower; but in most Moham-

medan countries custom authorises postponement of payment of some

portion at least of the dower until after consummation, or even until after

the husband’s death: any portion paid at once is called “nakd”, that

which is deferred is called “kali”.3

5. Syed Ameer Ali in his “Mohammedan Law” writes on page 498:4

“As there is nothing in the Koran or in the traditions tending to show

that the integral payment of the dower prior to consummation is

obligatory in law, the later jurisdiction consults have held that a portion

of the “mahr” should be considered payable at once or on demand and

the remainder on the dissolution of the contract, whether by divorce or

the death of either parties. Generally speaking, among the Mussulmans

of India, the deferred dower is a penal sum, which is allowed to remain

unpaid with the object of compelling the husband to fulfil the terms of

the marriage-contract in their entirety."

6. The subject of the punishment of Adultery in some Native Courts

might be here referred to. The Divisional Officer Wukari writes:-

“The punishment of adultery, in the Jukon tribe, prior to the British

Administration is said to have been flogging of both the man and

woman. On the advent of the British the flogging of the woman was

replaced by a fine. Some years later the normal punishment became

imprisonment for the man and a fine for the woman. This still remains

the normal punishment in the Wukari, Takum and Donga Native Courts

but of course the severity of the punishment varies according to the

circumstances in particular cases.”

MEMORANDUM ON CONCUBINAGE AND DOWRY 201

“My personal opinion is that it is inadvisable to interfere too much in

cases affecting the control of women. According to native opinion the

British have already been responsible for loosening considerably the

control over their women folk. At present each case comes under

review by the Divisional Officer, who with a full knowledge of the

circumstances can exercise his discretion where any sentence appears

to be unnecessarily severe. I see no reason to lay down any hard and

fast rules."

His Honour has minuted that he is in agreement with the view

expressed in the second paragraph of the extract.

P. G. Butcher

For Secretary,

Northern Provinces

NOTES

1 Sokprof 1640, Northern Nigerian Archives, Kaduna. 2 Percy George Butcher. 3 A. D. Russell and A. A. Suhrawardy, TheMohammedan Law of Marriage (London:

Kegan Paul, 1913), from the Mukhtasar of Sidi Khalil. 4 Syed Ameer Ali was an Indian jurist, a political and social reformer, and a scholar of

Islam. The reference is to his Mohammedan Law (Calcutta: Thacker, Spink & Co., 1892),

2 vols.


DOCUMENT 9:

STATUS OF SLAVERY [1936]1

G. W. Izard

NIGERIA DOWNING STREET

NO. 573 4th May, 1936.

GOVERNOR SIR BERNARD BOURDILLON, K.C.M.G., K.B.E.

Sir,

I have the honour to acknowledge the receipt of your despatch No.

50 of the 17th of January, enclosing a memorandum on the subject of

slavery in Nigeria. This report has been read with interest and a copy has

been forwarded to the League of Nations for the information of the

Advisory Committee of Experts on Slavery.

2. I observe that although the legal status of slavery does not exist in

the Protectorate or in the Cameroons, the distinction drawn in Chapter 83

of the Laws between persons in the Southern Provinces and in the

Cameroons and those in the Northern Provinces remains, and that it is

still the policy of your Government not to interfere with the relation of

master and slave so long as the relation is voluntarily maintained by both

parties in districts which recognise Moslem law and are the jurisdiction

of Moslem Courts.

3. I have no doubt that there was ample justification for that policy in

the past when the adoption of too precipitate action would have resulted

in large numbers of "ex slaves" being thrown on the labour market with

unfortunate consequences to the whole social framework. With the pas-

sage of time, however, and when the number of "slaves" now remaining

must be comparatively small, the continuation of this policy is open to

question. In the memorandum enclosed in your despatch it is stated that

these people are well aware that they can assert their freedom if they

choose and that their position bears no relation to slavery in the ordinary

sense of the term. If this is in fact the case, then there would appear to be

204 G. W. IZARD

no adequate reason why the persons concerned should continue to be

denied the status of "free" persons.

4. I have accordingly to request that you will carefully consider

whether the time has not now arrived for the legislation relating to

slavery in Nigeria to be amended so as to include in the declaration of

freedom contained in Section 3 of Chapter 83 all persons in the Northern

Provinces and not only those "born in or brought within" those Provinces

after the 31st March, 1901.

5. It is not unlikely that this matter will be raised in the near future

by the League of Nations Advisory Committee of Experts on Slavery. I

should therefore be obliged if you would furnish me with a reply to this

despatch as soon as possible.

I have, etc.,

(Sgd.) J. H. THOMAS

MEMORANDUM

No. 834/5.

20th June, 1936

From: THE DISTRICT OFFICER To: THE RESIDENT

I/C GWANDU DIVISION SOKOTO PROVINCE

BIRNIN KEBBI SOKOTO.

Slavery - Status of.

With reference to your endorsement No. 4277/4 of the 9th of

June, 1936, the Emir and Council are unanimously of the opinion that the

freeing, by administrative decree, of all slaves would meet with no

difficulties.

2. Even now it is the rule for the near relations and not the

master, of a slave to inherit a deceased slave's property. The master only

inherits when there are no close relatives. Any doubtful case would be

referred for decision to a competent Court, but it is thought that this

would be a rare occurrence and that no special regulations are required

on this point.

Disctrict Officer,

i/c Gwandu Division.

STATUS OF SLAVERY 205

MEMORANDUM.

FROM THE SECRETARY, NORTHERN PROVINCES No. 20216/92

TO Kaduna,

THE HON. THE CHIEF SECRETARY, LAGOS 25 June, 1936.

Slavery - Status of.

With further reference to your endorsement No. 11799/371 of the

28th of May and to my memorandum No. 20216/371 of the 6th of June, I

am directed by the Acting Chief Commissioner to inform you that

Residents and Native Authorities in general see no great objection to the

proposed amendment of the law and think that it would have little effect

in the territories with which they are concerned.

2. Certain objections however have been put forward on various

grounds. The Resident, Kano Province, states the relationship of slave to

master does not now exist except possibly nominally among a few

elderly domestics. In his opinion and in that of the Waziri of Kano the

proposed amendment would merely have the effect of raising

troublesome and unnecessary claims for restitution of property, which at

present is held by such persons or inherited by their children without

interference and in the ordinary way. Complicated cases would also be

likely to occur amongst the Arabs settled in Kano. The Resident points

out that the community has virtually accepted the abolition of the slave

status and that the proposed declaration of freedom would have the effect

in native minds of suggesting that rights of property held by certain

persons who were formerly slaves might after all be challenged. Similar

representations have been received from the Resident Ilorin Province.

3. The Resident, Bauchi Province, states that the proposal has not been

very well received in Bauchi Province, though the Native Administrations

would of course carry out loyally any order that might be given. It is

thought that property rights would cause difficulty. Ransom-money would

have to be foregone by those standing in the relation of master to persons

who had not yet obtained a declaration of freedom in accordance with

section 4 of the Slavery Ordinance (Cap. 83). The practice of claiming

"murgu", i.e., a fee paid by slaves to their master for permission to work on

their own account, would also have to be foregone.

4. The Acting Resident, Adamawa Province, considers that the

proposed amendment will no doubt produce complications with regard to

inheritance and the holding of property but these should not prove

insurmountable and do not constitute a valid objection.

206 G. W. IZARD

5. On the other hand the Sultan of Sokoto and the Emir of Gwandu

both think that disputes regarding property will not arise in practice

except in a few farm cases which will present no difficulty in settlement.

It is already the practice in Sokoto and Gwandu to grant inheritance to

children of "slaves" and not to their "masters". The Emir of Gwandu

considers the proposal not only acceptable but desirable as finally ending

any question of slave status and the Resident agrees.

6. The Acting Resident, Bornu Province, points out that the proposed

amendment is already law in Dikwa Division (Mandated Territory) and

he states that no difficulties have been experienced there. Local Moslem

lawyers foresee no increase in such disputes arising out of the suggested

amendment.

7. The Resident, Katsina Province, after consulting the Emr of

Katsina and Council, has come to the conclusion that the change could

be introduced without any serious effects. There may, he thinks, be a few

cases of hardship at first but these would be dealt with sympathetically

by the Courts.

8. The Resident, Zaria Province, states that the proposed amendment

would merely give legal effect to what is already established by custom.

The children of slaves inherit in the same way as ordinary persons and

houses which have been allotted by their masters o slaves are retained on

their (the slaves') death by their heirs of the slaves.

9. The Residents of the Benue, Plateau, and Kabba Provinces have

no objections to the proposals as far as their Provinces are concerned.

10. His Honour considers that the enlightened attitude taken by the

Sultan of Sokoto and the Emirs of Zaria, Gwandu and Katsina coupled

with the experience gained in Dikwa and the opinion of Moslem jurists

in Bornu, outweigh the more cautious and conservative considerations

presented by the Kano, Bauchi and Ilorin Provinces. The Native Courts,

in His Honour's opinion, are generally well able to decide any questions

which may arise on equitable grounds and the provisions of the Native

Courts Ordinance, particularly section 25, are wide enough to ensure that

any decision of a Native Court, which caused hardship through too strict

an adherence to the letter of Moslem Law, would be modified to accord

with the position established by present-day custom.

(Sgd) G.W. IZARD2

Secretary, Northern Provinces

STATUS OF SLAVERY 207

No. 19 of 1936 Slavery (Amendment).

Short title. 1.This Ordinance may be cited as the Slavery (Amen-

dment) Ordinance, 1936

Amendment

of section 3 of

Chapter 83.

2. Section 3 of the Slavery Ordinance is hereby amended

by deleting the words “born in or brought with the

Northern Provinces after the 31st March, 1901,” and

substituting therefore the words “heretofore or hereafter

born in or brought within the Northern Provinces.”

NOTES

1 Sokprof 4277, Nigerian National Archives, Kaduna. 2 Godfrey Wallace Izard.

CONTRIBUTORS

Yacine Daddi Addoun is Assistant Professor of African & African-

American Studies, University of Kansas. He received his PhD from York

University, Toronto, his MA From l'INALCO in Paris and his BA from the

University of Algiers in Algeria. His research focuses on issues of slavery

and its abolition in Algeria. He is the co-editor of SHADD (Studies in the

History of the African Diaspora Documents) of the Harriet Tubman

Institute for Research on Africa and Its Diasporas. [email protected]

Paul E. Lovejoy is Distinguished Research Professor and Canada

Research Chair in African Diaspora History at York University. In

addition to editing African Economic History, he is a Fellow of the

Royal Society of Canada, and is the former Director of the Harriet

Tubman Institute at York University. He has published over 30 books

and 100 articles and book chapters on African history. His research

interests include African social and economic history, culture studies,

race and racism, and Latin American and Caribbean history. He recently

published New Directions in Teaching Slavery and the Slave Trade with

Benjamin Bowser. [email protected]

Olatunji Ojo teaches African History at Brock University in St.

Catharine’s, Canada, including African History and seminars on slavery,

economic and women history. Prior to joining Brock University, he

taught at the University of Ibadan (Nigeria), Ohio University and

Syracuse University. His research interests include slavery, ethnicity and

identity formation, religion and gender, centering on the history of social

and economic change. [email protected]

http://harriet.tubman1.yorku.ca/shadd_studies_in_the_history_of_the_african_diaspora_documents




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The Harriet Tubman Institute, York University, Toronto Canada The Harriet Tubman Series explores the African Diaspora in historical and

contemporary times. It is named after Harriet Tubman (c. 1820-1913), who as

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The Harriet Tubman Series on the African Diaspora

Paul E. Lovejoy and Toyin Falola, eds., Pawnship, Slavery and Colonialism

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Donald G. Simpson, Under the North Star: Black Communities in Upper

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Paul E. Lovejoy, Slavery, Commerce and Production in West Africa: Slave

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José C. Curto and Renée Soulodre-La France, eds., Africa and the Americas:

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Paul E. Lovejoy, Ecology and Ethnography of Muslim Trade in West Africa,

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Naana Opoku-Agyemang, Paul E. Lovejoy and David Trotman, eds., Africa

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Boubacar Barry, Livio Sansone, and Elisée Soumonni, eds., Africa, Brazil,

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Behnaz Asl Mirzai, Ismael Musah Montana, and Paul E. Lovejoy, eds.,

Slavery, Islam and Diaspora, 2009

Carolyn Brown and Paul E. Lovejoy, eds., Repercussions of the Atlantic

Slave Trade: The Interior of the Bight of Biafra and the African Diaspora,

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Ana Lucia Araujo, Mariana P. Candido and Paul E. Lovejoy, eds., Crossing

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Ute Röschenthaler, Purchasing Culture in the Cross River Region of

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Ehud R. Toledano, ed., African Communities in Asia and the

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Edmund Abaka, House of Slaves and “Door of No Return”: Gold

Coast/Ghana Slave Forts, Castles and Dungeons and the Atlantic Slave

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Audra Diptee and David V. Trotman, eds., Memory, Public History &

Representations of the Past: Africa & Its Diasporas, 2012

Christopher Innes, Annabel Rutherford and Brigitte Bogar, eds., Carnival –

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Joel Quirk and Darshan Vigneswaran, eds., Slavery, Migration and

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Paul E. Lovejoy and Benjamin Bowser, eds., The Transatlantic Slave Trade

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Hakim Adi, Pan-Africanism and Communism: The Communist

International, Africa and the Diaspora 1919-1939 2013

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Bruce Mouser, The War of 1812 and Slavery in West Africa: The Scheme to

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Modesto Amegago, African Drumming: The History and Continuity of

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Johnston Akuma-Kalu Njoku, From Freedom to Freedom: Journeying Back

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Waibinte E. Wariboko, Elem Kalabari of the Niger Delta: From Slave

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Paul E. Lovejoy and Suzanne Schwarz, eds., Slavery, Abolition, and the

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the British Imperial World, 2015

Editorial Board

Edward Alpers, UCLA

Carolyn A. Brown, Rutgers

Rina Cáceres, Universidad de Costa Rica

Myriam Cottias, CNRS

Mohammed Ennaji, Université Muhammad V

Toyin Falola, University of Texas

Naana Opoku-Agyemang, University of Cape Coast

Elisée Soumonni, Université Nationale du Bénin

Ibrahima Thioub, Université Cheikh Anta Diop

Ehud Toledano, Tel Aviv University

David V. Trotman, York University

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