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The "Atlantic" then sailed direct for Puka-puka, or Danger Island, another of the Samoan group. But before arriving there, Captain Hayes inquired of Moete what he intended to say to any natives who might come on board, and having been told by him that he should say that they had been stolen from Manikiki, he ordered Moete and all the Manikikians to go below when they got near the island, and fastened down the hatches upon them, and this course he adopted during the whole time that they lay off Puka-puka whenever any native boat approached the ship, fearing that if any communication should take place he would not be able to obtain any labourers from Puka-puka.

The attempt of Captain Hayes to obtain labourers at Puka-puka did not at first meet with much success, for the natives from some cause or other seem to have entertained some suspicion of his intentions. Through the agency, however, of the native missionary, Okotai, the difficulties were to a certain extent removed, and it was ultimately arranged that a small body only of them, nineteen or thereabouts, should in the first instance go, accompanied by their chief, Pilote; the agreement was for a period of six months to pick cotton at Voilete in the Island of Upola, but the chief was to remain with them for two months, when he was to be taken back to Puka-puka, and if satisfied with the treatment they received, Captain Hayes was promised 100 labourers.

On Pilote and the Puka-pukans coming on board the vessel was got under weigh, but it was not until she was well clear of the island that the Manikikians were allowed to come on deck. On seeing them, and hearing from Moete how they had come on board, the Puka-pukans immediately concluded that they also had been betrayed, and that Captain Hayes did not intend to carry out his engagement with them, a suspicion, I fear, which there is too much reason to believe was well founded, for although the agreement, which is to be found amongst the papers, and which purports to have been signed by all on the Island of Upola or any the natives, is to work for a period of only six months other island of the Samoan group," to which both Puka-puka and the Manikiki belong, there is very strong evidence that the agreement which Captain Hayes induced the Puka- pukans to sign, whether with or without the connivance of the native missionary Okotai, was to labour for a period of five years at Naitamber in the Fiji Islands; for both Mr. Severight and Mr. Powell, the missionary resident at Pago-pago, in the Island of Tutuila, another of the Samoan group, to which the vessel proceeded immediately after leaving Puka-puks, speak to having seen such an agreement, and the latter states that he believes that the agreement, which is amongst the papers, was forged by Captain Hayes, after his arrest by the natives, and whilst he was staying at his, the Missionary's, house as herein-after mentioned.

The "Atlantic" then proceeded to Pago-pago, where she arrived on the evening of the 14th of December, and on the following morning Captain Hayes ordered the natives, gave strict both Manikikians and Puka-pukans, to go on shore to wash their clothes, and instructions to Moete that he was not to let one of them escape. Moste, however, 800n after they had landed, proceeded to inform the Chief of Pago-pago, Manga by name, that he and the rest of the Manikikians had been stolen from their homes. Accordingly, Manga accompanied him to Mr. Powell, the missionary, when Manga stated that it was the intention of himself and his people to seize the vessel and release the natives. Mr. Powell, however, warned them against the consequences of so violent a proceeding. No sooner, however, had they left him than Mr. Severight came to Mr. Powell, and confirmed the statement that the vessel was, as it is called, a man-stealer, and that the natives on board had been kidnapped. On receiving this information, Mr. Powell suggested to the natives that they should tell the Manikikians that, if they had been stolen, they need not return to the ship, but that they had better remain on shore.

In the meantime Moete had returned with the Chief Manga to the place where he had left the Manikikians and Puka-pukans, and found that they had all returned on board. It was then arranged that he should go back to the vessel, assemble all the natives, and advise them, on his giving a signal, all to jump into the sea at once and swim ashore. He accordingly did so, and on the signal being given they all, with the exception of about ten of the more weakly jumped into the sea and reached the shore in safety.

The few who remained on board were immediately seized by Captain Hayes and his crew and thrust below the deck.

At this time the ship's boat with the mate and some of the crew were on shore taking in water, and Manga finding that some of the natives were still detained on board seized the boat and her crew. Captain Hayes then finding that his boat and crew were detained, immediately armed himself with his revolvers, and taking a native boat proceeded to the shore. Manga seeing the captain approach armed, and well knowing his desperate character, ordered some of his men to put off in another canoe with directions, when they got into shallow water, to upset the captain's boat, and thus wet his powder. The stratagem succeeded perfectly, and Captain Hayes being unable to use his revolvers wan easily overpowered and disarmed.

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Notwithstanding this man's previous condnot the natives seem to have treated him with the greatest kindness and consideration; they took him to Mr. Powell's house and there lodged him, and Manga immediately wrote off to Mr. Hunkin, Her Majesty's Consular Agent resident at Leone, the capital of this Island of Tutuils, and which was about 15 miles distant, stating what he had done and requesting his immediate attendanes Mr. Hunkin, however, at first declined to attend, as he was under the impression that the "Atlantic" was an American vessel, but on receiving other more urgent letters from Mangs, and a letter from Captain Hayes himself saying that, although he was an American-born citizen, the vessel was British, and claiming his intervention, Mr. Hunkin proceeded in a native boat to Pago-pago. He arrived there early on the 18th of December, and found Captain Hayes still a prisoner, but well treated, and after vaxinn negotiations, but with which it is not necessary to trouble your Lordships, it was agreed that Captain Hayes and the vessel should be released to enable her to progeed to Apia, there to have the matter decided by the British Consul; but as the natives refused to trust themselves within his power, it was arranged that they should remain Pago-pago pending a reference to the British Consul.

It was thought then that everything was arranged; but here the difficulty arose on the part of the crew of the "Atlantic," who likewise feared to remain on board with the captain, believing that once released he had not any intention of going to Apis. Under these circumstances, Mr. Hunkin determined to take upon himself the responsibility of sending the vessel under the command of the mate to Apia to receive the Consul's directions, retaining Captain Hayes with him, and to save appearances Captain Hayes requested that it might be given out that he remained as Mr. Hunkin's visitor. The natives also remained at Pago-pago.

The "Atlantic" arrived at Apia on the 24th December, in charge of Mr. Hussey, the mate, when Mr. Williams, the British Consul, immediately determined to take the vessel to Pago-pago, and to bring the master and natives in her to Apia.

Accordingly, on the 9th of January following, Mr. Williams returned with them all Lo Apia, and on the 12th of that month opened a Court of Inquiry into the ciroum- stances. The inquiry continued from that day until the 23rd of the same month, when owing to Captain Hayes having had a fit, which confined him to his bed, it was necessarily suspended for some days. Ultimately, the inquiry terminated on the 14th of February, and the conclusion to which the Consul came was, that Captain Hayes was guilty of the charges which had been preferred against him, and that the best course for him to pursue was to refer the whole case to Sydney. Knowing, however, the desperate character of the man, and having no place in which to confiue him, and being fairly convinced that as soon as he knew what the decision was he would immediately make his escape, he delayed giving judgment, and in the meantime, and as no one could be found sufficiently bold to take charge of the "Atlantic" to Sydney with Captain Hayes on board, Mr. Williams addressed a letter to Commodore Lambert, requesting his resistance for that purpose; Captain Hayes, however having some suspicion that it was intended to send him to Sydney, and being out on his parole, thought it best to make his escape, and Pioneer" of on the 1st of April following he left the island in a brig called the " Shanghae.

It should here be added that, after Captain Hayes' departure, the vessel seems to have remained in the Consul's hands, the owner, Mr. Betham, having refused to accept her on the conditions proposed by the Consul in a letter from him dated the 10th of March last. And by a letter from Mr. Williams, dated the 7th of March, it seems that between the 12th of January and that day, no less than seven of the Puka-pukans, or more than one- third of the whole number, had died, and that others wore then very ill from the change of diet-their food in their own islands consisting ontirely of cocoa-nuts and fish. How many of these poor creatures still survive, and what has become of them, there is nothing in these papers to show.

Such, then, are the facts of this unhappy case; and after a very careful perusal of the whole of the evidence, which is extremely voluminous, I think there can be no doubt that the charges preferred against Captain Hayes have been fully established.

Those charges were, as regards the Manikikians, that he had taken them away against their will, with the intention of disposing of them in the Fiji Islands; and, as regards the Puka-pukans, that he had entered into au engagement with them to labour for six months in an island of the Samoan group, and that he was carrying them also away to the Fiji Islands.

The natives, many of whom were examined by the Consul, appear to me to give a very clear and consistent account of the whole transaction.

Their evidence is supported by that of Mr. Severight, of Mr. Powell, and, in a measure, by that of some of the witnesses produced on behalf of Captain Hayes. Indeed Captain Hayes appears to me hardly to deny the charges preferred against him. He does

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not deny that his agreement with the Manikikians was to take them with their cocoa-nuts to Rakahana, and yet, instead of so doing, he sailed away with them to Puka-puka.

The excuse that the natives were too few to land the cocoa-nuts, and that they had only brought one boat instead of two for the purpose, is a mere pretext, for it could never justify the carrying away of these young people from their homes.

It is admitted by all the captain's witnesses that when the Manikikians came on board they were under the impression that they were going to Rakahana; that Captain Hayes ordered Jordan to take all the young people down into the cabin; and that it was then, and then only, that they learnt for the first time that they were not going to Rakahana. It is impossible, therefore, to believe that these children went voluntarily in the ship, and that they were not carried off against their will.

The agreement, too, which was produced by the captain, and to which their names purport to have been signed, is, so far as the Manikikians are concerned, confessedly a forgery, for it is admitted by every one that they were not allowed to have any commu- nication with the shore at Puka-puka, but were always sent below when any boat approached; and yet Okotai, the native missionary at Puka-puka, whom they never saw, purports to be one of the attesting witnesses to their signatures.

The statement, too, of the mate and others of the crew of the "Atlantic," that Moete had brought the two young girls on board, saying that they had been sent by the missionary Taiti, in whose house Captain Hayes had been staying during his residence at Manikiki, to do what he liked with them, if true, would no doubt seriously compromise the characters both of Moete and of the missionary; but I do not see how it would justify the carrying off those people from their homes.

On the whole, looking at the facts of the case, seeing that the object of the voyage was to obtain native labour, and that Mr. Severight, who was on board for the purpose, required that labour for the Fiji Islands; looking also at the evidence given by Mr. Powell of the existence of an agreement, which Captain Hayes had fraudulently induced the Puka-pukansto sign, to work forhim at the Fiji Islands; remembering too the unscrupulous character of Captain Hayes, who is described by Mr. Williams, the British Consul, as being a man of desperate character," well known throughout the Colonies, San Francisco, Sandwich Islands, and China," and whose career has "been one of roguery," so that "there are but few parts of the world where he can go without being apprehended by the law,"-I think that there can be little doubt that his intention was, as Mr. Williams says, to take the natives, Manikikians as well as Puka-pukans, against their wills to the Fiji Islands, there to force them to labour; and had he succeeded in his object it may well be doubted whether any of them would ever again have returned to their homes.

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If then the charges preferred against Hayes be established, I think there can be little doubt that he is deserving of the most severe punishment which the law allows.

The offence with which he is charged, although not what is ordinarily called the Slave Trade-by which I mean the African Slave Trade-is in effect slave-trading in the larger sense of the term; it is the forcible or fraudulent carrying off persons against their wills to be used and dealt with as slaves. And the question which has now to be considered is, whether the offence is one which the lawe of this country can reach?

It is certainly much to be regretted that the Bill which it was proposed to bring in, and which formed the subject of my Report to your Lordships of the 8th June last,* has not been passed, as it was expressly designed to meet a case of this kind, and there would then have been no doubt as to the legality of the Consul's proceedings, or as to the punishment which would have awaited Captain Hayes. It may, however, be well to inquire whether there is anything in the existing Slave Trade Acts which would meet such a case as the present.

In advising upon this point I shall do so with the utmost reserve, as I doubt not that your Lordships would prefer in a case of this description to have the opinion of the Law Officers of the Crown, the questions involved being of great importance.

My duty will be confined simply to calling your Lordships' attention to those provisions of some of the Slave Trade Acts which appear to me have a bearing on

the case.

The first Act then, to which I will call your Lordships' attention, is the Slave Trade Consolidation Act, the 5th Geo. IV. c. 113. Now, although there is no doubt that this Act was expressly directed against the African Slave Trade, its provisions would seem to have a more general application, and to have for their object, so far as British vessels are concerned. the entire suppression of the Slave Trade wheresoever carried on, and to

* No. 645.

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whatever country the slaves, or the persons to be treated or dealt with as slaves, may belong. The 2nd section of that Act provides "That it shall not be lawful for any person "to deal or trade in, purchase, sell, barter, or transfer, or contract for the dealing or trading in, purchase, sale, barter, or transfer of slaves, or persons intended to be dealt "with as slaves; or to carry away or remove, or to contract for the carrying away or "removal of slaves or other persons, as or in order to their being dealt with as slaves;"

such

&c. any persons, or to import or bring into any place whatever, or to ship or embark

The 3rd section imposes certain penalties for dealing in slaves, or exporting or importing them, or shipping them for the purpose of exportation or importation; and the 4th section declares that the ship, vessel, or boat which shall be found employed in such a trade shall, together with any property on board belonging to any owner or part owner of the vessel, be forfeited to the Crown.

And then the 9th section proceeds as follows: that if any British subject, or any per- Bon resident within Her Majesty's dominions shall upon the high seas, &c., "Knowingly " and wilfully carry away, convey, or remove, or aid or assist in carrying away, conveying,

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or removing any person or persons away as a slave or slaves, or for the purpose of his, her, or their being imported or brought as a slave or slaves into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, "transferred, used, or dealt with as a slave or slaves" or if any person shall "knowingly "and wilfully ship, embark, receive, detain, or confine, or assist in shipping, embarking, receiving, detaining, or confining on board any ship, vessel, or boat any person or persons "for the purpose of his, her, or their being imported or brought as a slave or slaves into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, "or their being sold, transferred, used, or dealt with as a slave or slaves," then and in every such case the person so offending shall be deemed to be guilty of piracy, and shall be punished accordingly.

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The 10th section provides that any person engaging in any such trade, as well as the master, supercargo, or any officer of the vessel, shall be deemed guilty of felony.

And the 11th provides that any petty officer or seaman serving on board any such vessel shall be deemed guilty of a misdemeanor.

Now in all these sections there are no words which limit the operation of the statute to the African Slave Trade, the provisions are perfectly general, and would seem to include any act of slave-trading by British subjects, or by persons subject to British jurisdiction, wheresoever carried on and whatever may be the nationality of the slaves or persons used or dealt with as slaves.

There is another Act to which it may be well also to call your Lordships' attention, the 6 and 7 Vict., cap. 98, the 1st section of which extends the provisions of preceding statute to the case of British subjects resident in foreign countries; and the 2nd section declares "That all persons holden in servitude as pledges for debts, and commonly called pawns, or by whatever other name they may be called or known, shall for the purposes "of the said Consolidated Slave Trade Act, &c., be deemed and construed to be slaves,

or persons intended to be dealt with as slaves."

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Looking at the general terms of these statutes, I am inclined to think that they would reach the present case; that the "Atlantic "if proceeded against would be forfeited, and that Captain Hayes, if arraigned before a British jury, would meet with the punishment which he so richly deserves.

But whether the prosecution were successful or not I think that it should be under- taken; the offence of which Captain Hayes is accused is of so heinous a nature, and the evidence against him appears to me to be so strong that it would be a cause of much regret if he were to escape with impunity. I should add that the fact that Captain Hayes was apparently a citizen of the United States would make no difference; he was at the time master of a British vessel, sailing under the British flag, and as such would be subject to a British jurisdiction: indeed, in writing to the British Consular Agent in Tutuila, he admits his status of a British subject, claims the Consul's protect as the master of a British vessel, and as being in the same position as if English born.

As regard Mr. Williams, the British Consul at Apia, respecting whom Lord Granville has asked your Lordships' opinion, it appears to me that he was right in seizing this vessel, and that he would have been fully justified in sending her as well as her master for adjudication before the Courts at Sydney. And if the vessel still remains in his custody, I would, subject to the opinion of the Law Officers of the Crown, venture to suggest that proceedings should forthwith be instituted for her condemnation.

Captain Hayes, it appears, has escaped; but should be at any time again come within British jurisdiction, I venture to suggest, with the same reservation, that he should be arrested and at once placed upon his trial.