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gave credence to the rest. So that the tribunal, in its final decision, rested its capital sentences upon statements which, had they lacked confirmation, it would have deemed it but duty to reject.

I, Don Jose de Abos and Padilla, His Majesty’s Notary for the Royal Revenue, and Register of this Province, and Notary Public of the Holy Crusade of this Bishopric, etc.

Do certify and declare, as much as is requisite in law, that, in the criminal cause commenced the twenty-fourth of the month of September, in the year seventeen hundred and ninety-nine, against the negroes of the ship San Dominick, the following declaration before me was made:

Declaration of the first witness, Don Benito Cereno.

The same day, and month, and year, His Honor, Doctor Juan Martinez de Rozas, Councilor of the Royal Audience of this Kingdom, and learned in the law of this Intendency, ordered the captain of the ship San Dominick, Don Benito Cereno, to appear; which he did, in his litter, attended by the monk Infelez; of whom he received the oath, which he took by God, our Lord, and a sign of the Cross; under which he promised to tell the truth of whatever he should know and should be asked;⁠—and being interrogated agreeably to the tenor of the act commencing the process, he said, that on the twentieth of May last, he set sail with his ship from the port of Valparaiso, bound to that of Callao; loaded with the produce of the country beside thirty cases of hardware and one hundred and sixty blacks, of both sexes, mostly belonging to Don Alexandro Aranda, gentleman, of the city of Mendoza; that the crew of the ship consisted of thirty-six men, beside the persons who went as passengers; that the negroes were in part as follows:

[Here, in the original, follows a list of some fifty names, descriptions, and ages, compiled from certain recovered documents of Aranda’s, and also from recollections of the deponent, from which portions only are extracted.]

—One, from about eighteen to nineteen years, named José, and this was the man that waited upon his master, Don Alexandro, and who speaks well the Spanish, having served him four or five years; * * * a mulatto, named Francesco, the cabin steward, of a good person and voice, having sung in the Valparaiso churches, native of the province of Buenos Aires, aged about thirty-five years. * * * A smart negro, named Dago, who had been for many years a gravedigger among the Spaniards, aged forty-six years. * * * Four old negroes, born in Africa, from sixty to seventy, but sound, calkers by trade, whose names are as follows:⁠—the first was named Muri, and he was killed (as was also his son named Diamelo); the second, Nacta; the third, Yola, likewise killed; the fourth, Ghofan; and six full-grown negroes, aged from thirty to forty-five, all raw, and born among the Ashantees⁠—Matiluqui, Yan, Leche, Mapenda, Yambaio, Akim; four of whom were killed; * * * a powerful negro named Atufal, who being supposed to have been a chief in Africa, his owner set great store by him. * * * And a small negro of Senegal, but some years among the Spaniards, aged about thirty, which negro’s name was Babo; * * * that he does not remember the names of the others, but that still expecting the residue of Don Alexandra’s papers will be found, will then take due account of them all, and remit to the court; * * * and thirty-nine women and children of all ages.

[The catalogue over, the deposition goes on]

* * * That all the negroes slept upon deck, as is customary in this navigation, and none wore fetters, because the owner, his friend Aranda, told him that they were all tractable; * * * that on the seventh day after leaving port, at three o’clock in the morning, all the Spaniards being asleep except the two officers on the watch, who were the boatswain, Juan Robles, and the carpenter, Juan Bautista Gayete, and the helmsman and his boy, the negroes revolted suddenly, wounded dangerously the boatswain and the carpenter, and successively killed eighteen men of those who were sleeping upon deck, some with handspikes and hatchets, and others by throwing them alive overboard, after tying them; that of the Spaniards upon deck, they left about seven, as he thinks, alive and tied, to maneuvere the ship, and three or four more, who hid themselves, remained also alive. Although in the act of revolt the negroes made themselves masters of the hatchway, six or seven wounded went through it to the cockpit, without any hindrance on their part; that during the act of revolt, the mate and another person, whose name he does not recollect, attempted to come up through the hatchway, but being quickly wounded, were obliged to return to the cabin; that the deponent resolved at break of day to come up the companionway, where the negro Babo was, being the ringleader, and Atufal, who assisted him, and having spoken to them, exhorted them to cease committing such atrocities, asking them, at the same time, what they wanted and intended to do, offering, himself, to obey their commands; that notwithstanding this, they threw, in his presence, three men, alive and tied, overboard; that they told the deponent to come up, and that they would not kill him; which having done, the negro Babo asked him whether there were in those seas any negro countries where they might be carried, and he answered them, No; that the negro Babo afterwards told him to carry them to Senegal, or to the neighboring islands of St. Nicholas; and he answered, that this was impossible, on account of the great distance, the necessity involved of rounding Cape Horn, the bad condition of the vessel, the want of provisions, sails, and water; but that the negro Babo replied to him he must carry them in any way; that they

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