Race and Slavery in the Middle East: An Historical Enquiry (39 page)

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 permitted, 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!