Page images

the use of the cask-house, if any agent or supercargo can prove that his cask-house has been illegally entered or broken into, and any property stolen therefrom by any of the natives, the said King or headman to be held responsible for the loss.

XV. Thal any King, Chief, or trader, attempting or threatening to stop the trade of any vessel or supercargo after the usual comey has been tendered for the privilege of trading, such King, Chief, or trader shall, at a meeting of the supercargoes, be summoned before the Court to account for such stoppage, and if found guilty of illegal obstruction, shall be fined to such an extent as may be agreed upon

XVI, That any person acting as pilot, shall receive as compensation the value of one original crew for every three feet of the vessel's draught.

XVII. That whereas several boats have been frequently stopped and taken from alongside ships, and British subjects detained and maltreated, any aggression committed either on property or persons shall be visited by immediate punishment to the parties so offending; a special Court called for the occasion, and the heaviest fine inflicted allowed by the laws.

XVIII. That the regulations long existing, made by the natives, respecting intentionally watered or fomenting oil, shall still be in force.

XIX. That for any breach of any one Article of this Treaty the person or persons so offending be liable to whatever penalty the Judge of the Court may think proper to inflict, not exceeding 20 crews for a native, and not exceeding 300 crews for a master, supercargo, or agent.

XX. That any supercargo or native, their employers or followers, appearing at or in the immediate vicinity of the Court-house with fire-arms, or any other offensive weapons, be heavily fined and expelled.

Given under our hands, on board Her Britannic Majesty's steam-vessel Bloodhound, laying in the River Cameroons, this 14th day of January, 1856.

THOS. J. HUTCHINSON, H.B M.'s Consul for the

Bight of Biafra and the Island of Fernando Po. G. J. WILLIAMS, Lieutenant, Commanding H.M's

steam-vessel Bloodhound. THOS. M. SIMPSON, Secretary to H.B.M.'s Consul. [And 6 others.]


marks. [And 8 Chiefs.]

(22.)-TREATY between Her Majesty the Queen of England and the

Chiefs of Old Town, Old Calabar, for the Abolition of Human Sacrifices, the use of the Poison-nut, and the practice of killing Twin Children.- Old Town, January 21, 1856.

Tuomas JOSEPH HUTCHINSON, Esquire, Her Britannic Majesty's Consul for the Bight of Biafra and the Island of Fernando Po, on the part of Her Majesty the Queen of England, and the Chiefs of Old Town, Old Calabar, on the part of themselves and their country, have agreed upon the following Articles and conditions :

ART. I. That the practice of killing human victims in sacrifice for the dead, by poison-nut or otherwise, as prohibited by Egbo law, be from this time abolished in all parts of the country belonging to Old Town.

II. That the use of the poison-nut as an ordeal, unless by the concurrence of the Chiefs of the other towns, and the practice of killing twins, be also abolished; nor shall any child on the death of its mother be buried with her, nor allowed to perish through neglect, but be handed over to the care of the Scottish missionaries at Old Calabar.

III. That no Europeans or other persons shall ever be permitted to carry on the Slave Trade within the territory of Old Town, but that the Treaty of the 6th December, 1841,* be maintained in all its integrity.

IV. That no favour nor privilege sball be given to the ships and traders of other countries, that are not given to British traders, and that the missionaries receive every protection.

V. That the Chiefs of Duke Town and Creek Town be empowered to watch over the fulfilment of this Treaty, and hereby subscribe their names as proof of their willingness to do so; that in case of its infraction, proved before the Consul, the punishment for its transgression be left in his hands.

VI. That depending on the sincerity of the Chiefs of Old Town to keep this Treaty perfectly, Her Britannic Majesty's Consul hereby recalls the interdict which prohibited the rebuilding of Old Town on its former site, and grants full liberty for its reoccupancy.

Agreed to at Old Town, Old Calabar, this 21st day of January, 1856.


mark, [And 4 Chiefs.] * Vol. XL. Page 908.

Signed before us, at Old Town, River Old Calabar, this 21st day of January, 1856.

THOS. J. HUTCHINSON, H.B.M.'s Consul for the

Bight of Biafra and the Island of Fernando Po.
G. B. WILLIAMS, Lieutenant, Commanding H.M.'s

steam-vessel Bloodhound.
THOS. M. SIMPSON, Secretary to H.B.M.'s Consul.

(23.)—CODE of Commercial Regulations for Rio Bento, or Brass

River.- November 17, 1856. A CODE of Commercial Regulations being deemed advisable for furthering the interests of commerce, as well as for the better security of amicable connection between the British supercargoes trading in the Rio Bento, or Brass River, and the natives of the Brass country, the following Articles have been mutually agreed to by the British supercargoes, on the part of themselves and their successors, with the Kings of the territories adjacent to the Brass River, on the part of themselves and the people of their districts, sanctioned by Thomas Joseph Hutchinson, Esquire, Her Britannic Majesty's Consul for the Bight of Biafra and the Island of Fernando Po.

Art. I. That the Kings and Chiefs of the countries connected in trade with Rio Bento, duly appreciating the benefit of legitimate traffic, hereby guarantee that from this day forward they shall not engage in or sanction the exportation of slaves from their country.

II. That the pilotage of vessels entering the river shall be 16 pieces of cloth, or 80 bars of other merchandize; and of vessels leaving the river, 20 pieces of cloth, or 100 bars of other merchandize; and any vessel detained for want of a pilot after being ready for sea, all her just debts and her pilotage paid or tendered, though not taken, shall be entitled, as compensation for delay, to half a puncheon of oil per day, from the Chiefs who receive comey, who, on their part, are to reclaim such penalty from the pilot causing this detention.

III. That the comey of vessels entering the river for the purposes of trade be, for vessels of two masts, to pay two puncheons' worth of goods. Vessels of three masts to pay three puncheons' worth of goods to each King (Kayo of O'Bullamaby and Orishima of Bassamby); that boats or vessels coming here with cargo and bringing no produce away are to be excepted; and that for each

ship taking part produce out of the river as tenderage to complete her cargo elsewhere, the comey be five bars for each cask.

IV. That should such comey not have been demanded on cr before the fifth day from the arrival of the vessel, the master may hoist his ensign or fire a gun as a notification of bis being prepared for trade, when all traders or other Brass men are to be at liberty to visit the vessel for the purposes of transacting business, equally as if trade had been broken formerly by the Chiefs in person, but without prejudice to the subsequent payment of comey when demanded.

V. That this settlement of comey is not to nullify existing agreements between supercargoes and Chiefs, nor to preclude the making of arrangements to suit particular cases, as in the instance of British mercantile houses who may establish factories in the Brass; such special agreement to be subjected to the approval of Her Britannic Majesty's Consul, and when confirmed to be as binding upon the parties concerned therein as though embodied as separate Articles in this Treaty.

VI. That the custom bar shall be collected by the Chiefs them selves, and at their own expense and trouble.

VII. That the comey and pilotage being paid, no other tax or payment is to be demanded under any pretence whatever; water is not to be refused in the pilot's town called Twaw, nor is any demand to be made for the privilege of watering. Ground for the erection of houses, and for the storing of casks and goods, is to be granted free of all charges, and is to be considered whilst in the occupation of any British subjects as British property, and the occupant for the time being is authorized by the parties hereto subscribing to expel trespassers, and to maintain his right of occupancy and to defend himself and property against any unlawful aggression.

VIII. That it shall under no circumstances be compulsory on master or supercargo of a vessel to give goods on trust, but when trust is taken, that it shall be incumbent on the Kings and Chiefs, and those to whom comey is paid, to see that no losses accrue to British supercargoes from defaulting debtors.

IX. That a limit of time to pay in debt be given to each trader, to be settled by private contract.

X. That should any trader or gentleman being indebted to a vessel in the river fail to pay his debt when it becomes due, a notice of the same is to be given to the Chief of the town where such trader resides, who is hereby required to see justice done to the British supercargo, and if necessary is to take possession of the trader's oil or other property, and therewith liquidate the debt.

XI. That any Chief of a trading town neglecting to act in conformity herewith, he held personally responsible for the debt. The Chiefs receiving comey are required and engage to see this Article executed.

XII. That long detentions having heretofore occurred in trade, and much angry feeling baving been excited in the natives from the destructions by white men, in their ignorance of the superstitions and customs of the country, of a certain species of boa-constrictor that visits the cask-houses, and which is "jew-jew," or sacred to the Brass men, it is hereby forbidden to all British subjects to barm or destroy any such snake; but they are required, upon fiuding the reptile on their premises, to give notice thereof to the Chief's man in Twaw, who is to come and remove it away.

XIII. That should, unfortunately, any casualty of said reptile's death again occur, the master or supercargo who, by himself or bis people, has been guilty of causing the same, shall pay a fine of one puncheon of palm oil, and his trade shall suffer no stoppage. Any detention occurring after this amount has been tendered, will render the Chiefs liable to a fine of one puncheon of oil per day, as in the ensuing Article.

XIV. That in the event of any vessel's trade being stopped, either directly by the Chiefs, or indirectly and secretly by their connivance, without just grounds for such proceeding, the authorities receiving comey will be held responsible for the said stoppage of trade, and a fine or penalty of one puncheon of oil per day will be levied from them, as compensation for the vessel so detained during the period of such detention.

XV. That any supercargo or master having cause of complaint against a Chief, or native trader, or Brass subjects, shall give notice thereof, to the supercargoes and masters at that time in the river, who shall conjointly inform the Chiefs thereof, and require their presence, either on shore, or on board some one of the vessels; and the Chiefs and gentlemen, on their part, consent and agree to assemble when so required, unarmed, and without hostile preparation, and then and there discuss the matters brought before them, in friendly conjunction with the white men present. The Brass Chiefs and others are to act in like manner when they feel themselves aggrieved by any British subject; and the supercargoes and others are to meet the Brass men when called upon so to do.

XVI. That the supercargoes and masters on the one hand, and the Brass Chiefs and gentlemen on the other, being assembled to remove grievances, and discuss matters of complaint existing between them, do, on their several parts, engage to adjudicate thereon

« ՆախորդըՇարունակել »