In the name of the Most Merciful God! There is no power or strength but in God the High and Almighty
To the Employed who manifests in our Sheriffian Service attention and Solicitude, Drummond Hay Consul of the French [sic] Nation residing in Tangier.
which premised:
We have received the Letter you have addressed to our presence exalted of God, wherein you state that the Minister for Foreign Affairs of the Queen of your Nation has called upon you to make inquiry regarding the Trade in Slaves, if it be lawful by our beloved Law or no.
Be it known to you, that the Traffic in Slaves is a matter on which all Sects and Nations have agreed from the time of the sons of Adam, on whom he the Peace of God, up to this day-and we are not aware of its being prohibited by the Laws of any Sect, and no one need ask this question, the same being manifest to both high and low and requires no more demonstration than the light of day: But if there he any peculiar event which has occurred, inform us about it particularly, in order that the answer may be apposite to the question.
Ended the 23rd Doolhadja 1257 (4 Feb 1842)
True Copies
Henry John Murray
Vice Consul
[Inclosurc No. 21
To the Noble Prince exalted of the Lord Mulai Abd Errachman Ben Heesham Sultan of Marocco, etc., etc. Her Britannic Majesty's Agent and Consul General E. W. A. Drummond Hay-with profound respect.
I have had the honor to receive Your Imperial Majesty's Letter dated the 23rd Doolhedja, purporting to he an Answer to that addressed by me to Your Majesty on the subject of the Slave-trade: but, it would appear from some expressions in Your Majesty's Letter, that Your Majesty has not clearly apprehended the sense of the application made therein, on the part of the Government of Her Majesty my Gracious Sovereign.
That wise and enlightened Government is fully aware, that, Slavery and Trading in Slaves are not prohibited by the Law of Islam. any more than by the more ancient Law of the tribes of Israel, nay indeed Slavery and the Slave trade were nut-until a comparatively very recent period-prohibited by the Laws of even any Christian state.
Your Imperial Majesty having deigned to express a desire that if any peculiar event have occurred. I should inform Your Majesty about it particularly in order that the answer may be apposite to the question,-l now do myself the honor of presenting to Your Imperial Majesty, in as short a form as so large a subject may admit, a general view of the progress made-within some thirty four years past-in favor of suffering humanity, with regard to Slavery and the Slavetrade, which will clearly show, that many nations-and these of various religious persuasions-have disapproved and have modified and some have entirely abolished the traffic in Slaves.
The Government of Great Britain had the high honor of taking the lead in Europe for this righteous work of charity, in abolishing the traffic by British Subjects in Slaves; of whom it is computed that, for a long course of years, upward of 300,000 in all have been carried off annually by various Nations from the Coasts of Africa. conveyed thence in frightful bondage across the ocean and sold as Slaves in numerous distant lands.
Ultimately between six and seven years ago, the British Government abolished also Slavery itself throughout the vast extent of its Empire, at the cost of Twenty Millions Sterling or about $100,000,000 Dollars, for indemnification of all British Subjects possessors of Slaves; thus emancipating more than seven hundred and fifty thousand of our fellow men from Slavery; and it is not unworthy the contemplation of Your Imperial Majesty's exalted mind, that, while this glorious work of charity was performed by the British Government on a scale of munificence never heard of before in the history of mankind, the said vast sum of treasure-paid in such compensationpresent the most admirably striking instance of a liberal and just resolution to vindicate and maintain the rights of property.
Upon this grand event in British legislation, it was enacted that any Subject of the British Crown or any individual residing in any part of the British dominions, who shall engage in the Slave-trade or in the conveyance of Slaves upon the sea, shall he held guilty of the crime of Piracy-involving the punishment of death; and that anyone who shall knowingly embark capital or lend other aid of any kind to the traffic, although not personally engaged in it, shall he held guilty of felony-the punishment whereof is exile to a penal settlement.
More than 26 years ago the efforts of Great Britain, in combination with corresponding efforts on the part of her Allies, had already succeeded so far as to have induced the Representatives of Eight of the greatest Powers of Europe-assembled in Congress at Vienna-to declare unanimously, after a solemn deliberation, that the Slave-trade is repugnant to the principles of humanity and universal morality,-and that it was the earnest desire of their Sovereigns to put an end to a scourge, which has so long afflicted humanity, degraded those European Nations which have exercised that traffic and desolated Africa.
Subsequently, almost all the Powers of Europe have given practical effect to the humane principles, proclaimed in that memorable Declaration, by their Legislative enactments and by Treaty engagements; and in the same generous purpose have concurred a very large portion of the great States of America, both North and South.
But it is with yet additional pleasure, I acquaint Your Imperial Majesty, thataccording to information I have recently received, which, although not official seems to be perfectly authentic.-the Rulers of several Mooslem States-those namely of Muscat, of Egypt and of Tunis-have already exhibited a generous disposition to follow the Christian Governments in the same march of beneficence. Circumstances indeed are understood to have-for the present-delayed fulfilment by the Pasha Mohamed Ali of his purpose in this matter, as expressed some time since to Agents of the British Government but the Prince Imaum of Muscat, who, as Your Majesty is doubtless aware, rules over important possessions on the East Coast of Africa, as well as over a large territory in South Arabia, has abolished the external Slave-trade of his dominions;-and the Bey of Tunis has, within a few months past, taken measures for abolishing the Slave-trade within his Regency. There may be also other Mooslem Princes, who have entered the same glorious career for alleviating the afflictions of our fellow man,-but I have not at present further notices regarding them for Your Majesty's information on this most interesting subject; there do yet however remain circumstances in the present history of the World, that cannot fail to he highly gratifying to the benevolent mind of Your Imperial Majesty; namely that, a convention was just half a year since entered into with the British Government by the King of Bonny, one of the Southern regions of Soodan, not only to abolish the Slave-trade totally within his dominions,-but, as that potentate's realm occupies some extent of sea coast, the stipulation is added, that, no Slaves shall ever again be permitted to pass through or be exported from his dominions. The value of this Convention to the common cause of Charity will be better appreciated, when it is considered that-until lately-no less than 20,000 Slaves were annually exported from the Kingdom of Bonny alone.
About the same time also Treaties were concluded, by Officers of the Queen my Gracious Sovereign, for the total abolition of the Slave-trade within their dominions by the Kings of Eboe and of Iddah,-regions also of Soodan through which the great river Quorra runs to the North of Bonny, where it joins the ocean: the kingdoms of Eboe and lddah have, as did Bonny, afforded for ages hitherto vast markets for the dealers in Slaves.
Having made these statements in order to comply to the best of any power at present with Your Majesty's desire,-I would beg leave to observe to Your Imperial Majesty, that, although the Prophets and other Legislators of ancient nations had not, on account of the uncultivated times wherein they lived, held it expedient to frame any Laws for the prohibition of the traffic in Slaves; yet in no age nor in any Country of the world (except in cases indicated as of punishment for the wicked) has the Enslaving of Human Beings been prescribed as a praiseworthy usage or as one that can he grateful to the ONE All-Beneficent God,-but it appears to have been merely a practice pe
rmitted, as arising out of rude habits.
In conclusion, I crave Your Majesty's condescending attention, while I repeat this, I am commissioned-as Agent near your Majesty for the Queen my Gracious Sovereign-to inquire if (although the Law of Islam has not prohibited the trading of Slaves) there have been put forth at any time by Your Majesty or by any of Your Majesty's predecessors or by any Officers under your own or their Imperial Authority any Ordinance or Regulation, whereby that traffic was or is in any degree limited or modified and, if there have been any such ordinances or Regulations promulgated, I am to request Your Majesty to be pleased to cause me to be supplied with authenticated copies of the same.
I rely on Your Majesty's respect for the Queen my Sovereign and for the great Empire, with the care of which Her Majesty is entrusted by the Divine Grace, to accept this communication in the same spirit of friendliness, with which it is addressed to Your Imperial Majesty for a more mature consideration.
The Queen's Government, I may be allowed to add, feel so great anxiety to see the Slave-trade extinguished in every part of the World, that they are unwilling to let pass any occasion, which offers a hope of being able to mitigate that evil in any Country where it continues to exist: and the present appeared a favorable period for this inquiry with regard to the Institutions, usage and Regulations in force and affecting Slavery and the Slave-trade in West Barbary: while this fine Country is happily under the Government of a Prince so enlightened as Your Majesty, and one whose rule over his dominions exhibits Your Imperial Majesty as the kind father of a grateful People.
Dated at Tangier this 26th day of February in the Year of Jesus Christ the Messiah 1842-(16th Moharrem the first month of the year 1258)
Drummond Hay Her Britanic Majesty's Agent and Consul General in Marocco.
[Arabic documents from the Thaleb Hamed Ben Yahia regarding Slavery and the Slave Trade in Morocco.
Inclosure No. 3, in Despatch marked "Slave-trade No. 2 of 12th. March.. 1842 from Cons. Gen. Drummond Hay to the Earl of Aberdeen]
[English translation of Arabic documents from the Thaleb Hamed Ben Yahia regarding: Slavery and Slave-trade in Marocco. Inclosure No. 4, in Despatch marked "Slavetrade No. 3 of 12th Mar 1842 from C. G. [Consul General] Drummond Hay to the Earl of Aberdeen.]
Translation of Arabic documents received by Consul General Drummond Hay at Tangier 2nd March 1842 from the Thaleb Hamed Ben Yahia of that place.
In as much as the Consul General Agent for the Queen of the English Nation, at this present time in Tangier, has asked me what are the ordinances of the Law regarding Slaves or Bond-servants, and if there be anything in our Law which alleviates their condition of bondage: I replied in the words of the Shehk, the Imaum, the most learned Seeyed Mohamed Ben Ismael al-Bokhary, in his book entitled Jamea G Sahih`'
"The Apostle of God, upon whom be the blessing of God said-(a class of) your brethren are given to you for doing service, God has set them beneath you. To him whom God has placed beneath his brother let the same meat and drink be given of which he partakes himself and let the same clothing be given as that with which he himself is clothed, let him (the master) fear God in respect to him (the slave) and not force him to do more than he can." Peace.
Be it known to you that, as to the question regarding the sale of Slaves or Bondservants no Sultan of the Gharb nor any other Authority has enacted any ordinance respecting them, except that which is ordained by the Religion of the Apostle of God, on whom be the Blessing of God, since he was in life now 1258 years,-as said the Shehk, the Imaum, the most learned Aboo Ahd Allah Seeyed Mohammed Ben Ismael al Bokhary in his book entitled Jamea E'Sahih
"The Apostle of God, on whom be the Blessing and the Peace of God, hath saidwhosoever sets any person free God will set his soul free from the fire (of Hell)."
(No. 3) (Extracts from the work of Shehk Khalil wuld Isaac, called Moktassar Khalil or Khalil's compendium.)3
The Shehk Khalil, to whom God be propitious, states the following in his abridgement of the chapter regarding Sales.
"It has been prohibited to sell a Mooslem, the sacred misshaf [Qur'an] and a young person to a disbeliever; that is to say, to any who do not profess the Faith of Islam, whether Christian, Jew or Majoosy:4 to make a present (of the same) or to give as in alms is held in the same light as a sale"
Praise be to the One God!
The Said Shehk Khalil states in his aforesaid compendium. in a section of the chapter regarding Emancipation, that-
"(A Slave) is emancipated by the Law if illtreated: that is to say if he (the master) intends to illtreat the Slave or actually does so. Whether he (the Slave) can take with him what he may possess of property or no, is a matter yet undecided by the Doctors of the Law" Peace!
true translation from the Said Arabic documents as certified to me.
E. W. A. Drummond Hay
Her Majesty's Agent and Consul General in Marocco
[Consul General Drummond Hay
Slave Trade No. 3
One Inclosure
Received 11 Apr.
by Sea via Gibraltar
Inclosing the Translation of a Letter from the Sultan of Marocco]
Slave Trade No. 3
Tangier 27th March 1842
My Lord
I have the honor to inclose a translation of a Letter I have received from the Sultan of Marocco, in reply to that dispatched upon the 11th instant to this potentate on the subject of Slavery and the Slave Trade: of which my Letter I sent your Lordship the English version in a Dispatch marked "Slave Trade No. 2" and dated the 12th instant.
I have the honor to be, with the highest respect. My Lord, Your Lordships most obedient very humble servant,
E. W. A. Drummond Hay
Translation of a letter received from the Sultan of Marocco on 23rd March 1842, in reply to the last of Consul General Drummond Hay, respecting Slavery and the Slave Trade.
In the name of the Most Merciful God! There is no strength or power but in God the High and Almighty!
To the Employed who has in our Sheriffian Service diligence and solicitude, Drummond Hay, Consul for the English nation residing in Tangier the Protected.
which premised:
We have received your Letter explaining the object of the Minister of the potentate of your Nation, with reference to his inquiries respecting Slaves,-and we have made ourself acquainted with the proceedings had in that matter, as well as with the expenditure incurred in the purchase from their Masters of all those in your dominions; (we learn) also that, in Soodan and other parts that example had been followed.
Be it known to you that the religion of Islam-may God exalt it-has a solid foundation, of which the corner stones are well secured and the perfection whereof has been made known to us by God-to whom belongs all praise-in his book Forkun' which admits not either of addition or diminution.
As to what regards the making of Slaves and Trading therewith, it is confirmed by our Book as also by the Sunna of Our Prophet, on whom be the blessing and the peace of God-and furthermore there is not any controversy between the Oolamma' on that subject, and no one can allow what is prohibited or prohibit that which is made lawful.
By whomsoever innovation be attempted contrary to it (the Law) the same shall be rejected, inasmuch as our sacred religion is not regulated by mens' counsel or deliberation, for it proceeds out of Inspiration from the Lord of all creatures, through the tongue of our Faithful Prophet, on whom be the Peace and Blessing of God!
Ended the 5th Safar 1258 (18th March 1842)
True Translation as certified to me
EWA Drummond Hay
Notes
1. Mawlay `Abd al-Rahman ibn Hisham (reigned 1822-59). See EI , s.v. (by Ph. de Cosse Brissac).
2. AI-Jdmi' al-Sahfh, the standard collection of had ths, by al-Bukhari.
3. The Mukhtasar, "Abridgement," a standard legal work by Khalil ibn Ishaq.
4. Majusf, "Magian." Originally used of the Zoroastrians, later also of the Vikings and other
pagans.
5. Furqan = Qur'an.
6. 'Ulama'.
5. Report on Slavery from the Persian Gulf (1842)
To
Lieutenant Colonel Robertson
Off[iciatin]g Resident, Persian Gulf
Harrack 8th July 1842
Sir,
Agreeably to your wishes, that I should frame full answers, to the Questions on the subject of Slaves, conveyed in Colonel Sheil's letter dated June 30, I beg now to offer the result of my endeavours in collecting the required information.
Before entering respectively into the answers to each [of the] questions, It maybe as well to premise,
lst That Slaves imported into the South of Persia, are of two kinds, Seedee or African, from the Coast of Zanzibar, principally the territory of the Imaum of Muscat; and Hubshee or Abyssinian, from the shores of the Red Sea.
2[d] That slaves are seldom kidnapped by the crews of Boats or by the slave Merchants but by Men employed for that purpose in the interior. A proportion are prisoners made in their petty war.
3d That Muscat and Soor are the principal, if not only primary ports, to which all slaves, from whencesoever shipped, whether Zanzibar, or the Red Sea, are brought, and whence they are eventually carried into Turkey, Persia, Scinde, the Arab States, and even our own territories, the Western Coast of India, by boats belonging chiefly to the Eastern Coast of Arabia, which are not bound for any particular ports, but make coasting voyages selling as they touch. Of the above Countries, Turkey consumes by far the greater proportion. Bussorah and Bagdad being the largest Marts, of the Persian ports send vessels direct to Zanzibar, with the exception of Lingah-whence three or four boats are annually dispatched, each returning with about 70 slaves.
The season for the Gulf Traffic in slaves is from the 1st August to 1st December.
In Bushire, and the other Persian ports, there are no places established as Markets or days fixed for the Sale of Slaves. But on the arrival of a Boat, the owner takes his Cargo to a hired dwelling, where they are either sold privately, or whence they are taken and publicly exposed for Sale, at one of the caravanceries of which there are several. Should the Market be overstocked, and thus the owner be unable expeditiously to gain his profits, they are re-shipped and taken either to Bussorah, Mohumra, or Bagdad at any of which places there is a certainty of a ready sale.
Race and Slavery in the Middle East: An Historical Enquiry Page 24