Mixed Commission Court

Last updated

A Mixed Commission Court was a joint court set up by the British government with Dutch, Spanish or Portuguese representation following treaties agreed in 1817 and 1818. By 1820 there were 6 courts: [1] This occurred during a period often referred to as Pax Britannica, a period of British hegemony following the defeat of the Napoleonic Empire.

Contents

Courts

Anglo-Portuguese Courts

During the Congress of Vienna on 21 January 1815 the British agreed to pay the Portuguese Prince Regent £300,000 in reparations for Portuguese ships seized by the British "cruizers" prior to 1 June 1814, on the basis that they were engaged in the slave trade. [5] :73 The next day they entered into a further treaty which prohibited Portuguese ships from engaging in the slave trade along the coast of Africa north of the equator. [5] :77This was tied to a loan of £600,000 and the treaty was to be ratified within five months. [5] :79 Over two years later on 28 July 1817 an Additional Convention was added which included the first provision for Mixed Commissions formed of an equal number of individuals of the two nations. One was to be located in a British possession and the other in a Portuguese possession, with one on the coast of Africa, and the other on the coast of Brazil. [5] :89 A further Mixed Commission was also set up on a similar basis in London. While the treaty allowed Portuguese slave traders to continue their business south of the equator, the trade was forbidden to the north. The £300,000 mentioned in 1815 had not been paid, but the British agreed to pay it in two instalments of £150,000, as well as 5% interest since the earlier convention in January 1815. Full documentation of the treaty was to be available in English and Portuguese on all British ships. Further regulations governing the Mixed Commissions:

Anglo-Dutch Courts

These were established by the Anglo-Dutch Slave Trade Treaty of 1818. The Mixed Commission Court in Freetown sentenced in total 22 Dutch vessels during its existence between 1819 and 1862. [6] The Mixed Commission Court in Paramaribo sentenced only one vessel during its existence between 1819 and 1845, namely, the Nueve of Snauw in 1823. [7] [6]

Related Research Articles

Sierra Leone first became inhabited by indigenous African peoples at least 2,500 years ago.The Limba were the first tribe known to inhabit Sierra Leone. The dense tropical rainforest partially isolated the region from other West African cultures, and it became a refuge for peoples escaping violence and jihads. Sierra Leone was named by Portuguese explorer Pedro de Sintra, who mapped the region in 1462. The Freetown estuary provided a good natural harbour for ships to shelter and replenish drinking water, and gained more international attention as coastal and trans-Atlantic trade supplanted trans-Saharan trade.

<i>United States v. The Amistad</i> 1841 U.S. Supreme Court case on the legality of the Atlantic slave trade

United States v. Schooner Amistad, 40 U.S. 518 (1841), was a United States Supreme Court case resulting from the rebellion of Africans on board the Spanish schooner La Amistad in 1839. It was an unusual freedom suit that involved international issues and parties as well as United States law. The historian Samuel Eliot Morison described it in 1969 as the most important court case involving slavery before being eclipsed by that of Dred Scott in 1857.

Blockade of Africa

The Blockade of Africa began in 1808 after the United Kingdom outlawed the Atlantic slave trade, making it illegal for British ships to transport slaves. The Royal Navy immediately established a presence off Africa to enforce the ban, called the West Africa Squadron. Although the ban initially applied only to British ships, Britain negotiated treaties with other countries to give the Royal Navy the right to intercept and search their ships for slaves. The 1807 Act Prohibiting Importation of Slaves abolished the intercontinental slave trade in the United States but the ban was not widely enforced.

Bunce Island Port Loko, Sierra Leone

Bunce Island is an island in the Sierra Leone River. It is situated in Freetown Harbour, the estuary of the Rokel River and Port Loko Creek, about 20 miles upriver from Sierra Leone's capital city Freetown. The island measures about 1,650 feet by 350 feet and houses a castle that was built by the Royal Africa Company in c.1670. Tens of thousands of Africans were shipped from here to the North American colonies of South Carolina and Georgia to be forced into slavery, and are the ancestors of many African Americans of the United States.

Sherbro Island Place in Southern Province, Sierra Leone

Sherbro Island is in the Atlantic Ocean, and is included within Bonthe District, Southern Province, Sierra Leone. The island is separated from the African mainland by the Sherbro River in the north and Sherbro Strait in the east. It is 32 miles (51 km) long and up to 15 miles (24 km) wide, covering an area of approximately 230 square miles (600 km2). The western extremity is Cape St. Ann. Bonthe, on the eastern end, is the chief port and commercial centre.

Îles de Los Island group off Conakry in Guinea

Îles de Los are an island group lying off Conakry in Guinea, on the west coast of Africa. Their name is derived from the Portuguese: Ilhas dos Ídolos, "Islands of the Idols". They are located about 2 kilometres (1.2 mi) off the headland limiting the southern side of Sangareya Bay.

West Africa Squadron Military unit

The British Royal Navy established the West Africa Squadron at substantial expense in 1808 after Parliament passed the Slave Trade Act of 1807, an Act for the Abolition of the Slave Trade. The squadron's task was to suppress the Atlantic slave trade by patrolling the coast of West Africa. With a home base at Portsmouth, England, it began with two small ships, the 32-gun fifth-rate frigate HMS Solebay and the Cruizer-class brig-sloop HMS Derwent. At the height of its operations, the squadron employed a sixth of the Royal Navy fleet and marines. In 1819 the Royal Navy established a West Coast of Africa Station and the West Africa Squadron became known as the Preventative Squadron. It remained an independent command until 1856 and then again 1866 to 1867. Between 1830 and 1865, more than 1,500 British sailors died on their mission of freeing slaves with the West Africa Squadron.

The Liberated Africans of Sierra Leone were illegally enslaved Africans rescued from slave ships intercepted by anti-slaving patrols in the Atlantic Ocean and near coastal trading stations on the African Coast after 1808. Born and enslaved throughout West and West Central Africa, the rescued Africans were liberated by British naval courts or bilateral tribunals established in Freetown, capital of the Sierra Leone Colony and Protectorate. Following liberation, most liberated Africans were then consigned to a variety of unfree labor apprenticeships in Freetown and the interior. Some Africans liberated in Freetown were later resettled as agriculturalists or colonial militiamen in British colonies in Guyana and the West Indies. Approximately 3,000 were forcibly migrated to British settlements along the Gambia River. Smaller numbers were settled in Liberia, a colony established by the United States.

Cape Mesurado Headland in Liberia

Cape Mesurado, also called Cape Montserrado, is a headland on the coast of Liberia near the capital Monrovia and the mouth of the Saint Paul River. It was named Cape Mesurado by Portuguese sailors in the 1560s. It is the promontory on which African American settlers established the city now called Monrovia on 25 April 1822.

The Treaty between the United States and Great Britain for the Suppression of the Slave Trade, also known as the Lyons-Seward Treaty, was a treaty between the United States and Great Britain in an aggressive measure to end the Atlantic slave trade. It was negotiated by U.S. Secretary of State William H. Seward and British Ambassador to the U.S. Richard Lyons, 1st Viscount Lyons. The treaty was concluded in Washington, on April 7, 1862, and was unanimously ratified by the U.S. Senate on April 25, 1862. Ratifications were exchanged in London, on May 25, 1862.

Rear Admiral Joseph Denman was a British naval officer, most noted for his actions against the slave trade as a commander of HMS Wanderer of the West Africa Squadron.

HMS Tigress was the American merchantman Numa and then French letter of marque Pierre Cézar that the Royal Navy acquired by capture and put into service as the gunbrig Tigress. She spent some time on the West African coast in the suppression of the slave trade. The Admiralty later renamed her as Algerine. She was broken up in 1818.

HMS Brazen was a Bittern-class 28-gun Royal Navy ship sloop, launched in 1808.

African Institution Early 19th century society formed to create a refuge for freed slaves in Sierra Leone

The African Institution was founded in 1807 after British abolitionists succeeded in ending the slave trade based in the United Kingdom. The Institution was formed to succeed where the former Sierra Leone Company had failed—to create a viable, civilised refuge for freed slaves in Sierra Leone, in West Africa. It was led by James Stephen and William Wilberforce. From 1823, its work was mostly taken over by the Society for the Mitigation and Gradual Abolition of Slavery Throughout the British Dominions, and it ceased to exist sometime between 1826 and 1828.

HMS Nimble was a Royal Navy 5-gun schooner-of-war. She was employed in anti-slave trade patrol from 1826 until 1834, when she was wrecked on a reef with the loss of 70 Africans who had been rescued from a slave ship.

Donna Marianna was a vessel that left Liverpool in 1809. On 22 May 1810 HMS Crocodile seized Donna Marianna for breach of the Act for the abolition of the slave trade. The Vice admiralty court at Freetown, Sierra Leone, condemned Donna Mariana and her owners appealed the decision. The result of the appeal was a finding against the owners in a case that became an important milestone in the suppression of the slave trade.

Dart was launched in South America under a different name. She was taken in prize circa 1806. Once under British ownership she performed one voyage as a South Seas whaler. She then traded as a merchantman before in 1810 receiving a letter of marque. As a privateer she did something quite unusual: she made a voyage to Africa where she captured five slave ships. After this Dart returned to normal trading, this time with South America. In 1813 as she was returning to London from Buenos Aires she stopped at Pernambuco, where she was condemned as unseaworthy.

The Anglo-Dutch Slave Trade Treaty was a treaty signed between the United Kingdom and the Kingdom of the Netherlands signed on 4 May 1818, aimed at preventing slave trade carried out through Dutch vessels. The treaty allowed both parties to search vessels of the other for on-board slaves. Among other things, the treaty established two Mixed Commission Courts, one with a seat in Freetown, Sierra Leone and another in Paramaribo, Suriname, which had the power to sentence slavers.

Charles William Maxwell was a British soldier and colonial administrator.

HMS Esk was a Cyrus-class ship-sloop launched at Ipswich in 1813. During the War of 1812 she captured one United States privateer, and fought n inconclusive action with another. Between 1825 and 1827 Esk was part of the West Africa Squadron, engaged in suppressing the trans-Atlantic slave trade, during which period she captured a number of slave ships. A prize she had taken also engaged in a notable single ship action. The Royal Navy sold Esk in 1829. Green, Wigram, and Green purchased her and between 1829 and 1845 she made four voyages as a whaler in the British southern whale fishery.

References

  1. Adderley, Rosanne Marion (2006). "New negroes from Africa" slave trade abolition and free African settlement in the nineteenth-century Caribbean. Bloomington: Indiana University Press. ISBN   978-0-253-21827-8.
  2. Davis, P. "Background". William Loney RN. P Davis. Retrieved 18 May 2016.
  3. Helfman, Tara (2006). "The Court of Vice Admiralty at Sierra Leone and the Abolition of the West African Slave Trade". Yale Law Journal. 115 (5): 1122–1156. doi:10.2307/20455647. JSTOR   20455647 . Retrieved 27 February 2016.
  4. Shreeve, Whittaker (18 June 1847). "African Trade, the Horrors of Slave Trade Aiding, Abetting etc". The South Australian: 4. Retrieved 6 September 2014.
  5. 1 2 3 4 5 6 7 8 Hertslet, Lewis (1820). A Complete collection of the treaties and conventions at present subsisting between Great Britain & foreign powers, so far as they relate to commerce and navigation, to the repression and abolition of the slave trade Vol II. Whitehall: T Egerton, bookseller to the Ordnance.
  6. 1 2 "Verbod van slavenhandel". ANDA Suriname. Retrieved 13 March 2017.
  7. Emmer 2011.