that to punish is far less difficult than to prevent. The analogous question of the legality of selling condemned slave goods repels back to "I have dealers, or selling them lawful food &c. & the aftertrwards employed in buying for Planes" (whether circuitously or directly) has been much the subject of anxious consideration in Parliament, and the possible prevention by further legislation of the "diminishing of those very considerable facilities for the slave trade". The opinions of the present Chief Baron (at that time Attorney for England) & of Mr. Justice Wightman, at that time Counsel to another public Department, were taken; the former on July 8/40 and June 8:/42.
As to "clandestine dealings for Fresh Pollack" the former was of opinion that "An English owner, or charterer, or Supercargo, or other person who engages in such Commercial 'dealing', as above described, is not guilty of any offence, nor subject to any punishment." Mr. Wightman was more guarded, opining that "Unless the merchant knew when the sale of the goods was made, that they were used for the slave trade, he (or W.) was not guilty of felony": "that the question of knowledge would depend upon the evidence" and that "the Governor could hardly do more than warn merchants not to deal in articles used for bartering for slaves with suspected people, upon peril of the consequences!"
The Committee of the House of Commons reluctantly "came to the conclusion" (vide Report dated April 1842) that they had not "prepared" a recommendation that such dealing should be made illegal by new enactment, stating that "provision is difficult to be carried out, so legislation, & yet so ineffectual for its object, should be made the subject of legislation".
I am of course aware that Piracy on the High Seas is a felony of a very different kind; & that what might not have been illegal on the part of British dealers with West African Slave Dealers may be, ergo, absolutely illegal on the part of Confederate Privateers.
But the difficulties are not less in respect to prevention than those stated in the foregoing Report, & I cannot advise this course.
Signed,
Herbert Ansley