Trial of Pedro de Zulueta, jun., on a Charge of Slave Trading, under 5 Geo. IV, cap. 113, on Friday the 27th, Saturday the 28th, and Monday the 30th of October, 1843, at the Central Criminal Court, Old Bailey, London: A Full Report from the Short-hand Notes of W. B. Gurney, Esq.Zulueta, Pedro de
History
Trial of Pedro de Zulueta, jun., on a Charge of Slave Trading, under 5 Geo. IV, cap. 113, on Friday the 27th, Saturday the 28th, and Monday the 30th of October, 1843, at the Central Criminal Court, Old Bailey, London: A Full Report from the Short-hand Notes of W. B. Gurney, Esq.
Zulueta, Pedro de
Slave trade -- Africa; Slave traders -- Africa; Trial transcripts -- England -- London; Zulueta, Pedro de -- Trials, litigation, etc.
5392. Mr. _W. Patten_.] In that Act of Parliament, does the word
“knowingly” apply to knowledge of the fact that the parties are slave
dealers, or of the fact that the goods so sold are to be employed in the
slave trade?--To the latter. The second clause of that Act declares that
it shall not be lawful to ship, tranship, and so on, or to contract for
the shipping or transhipping to be employed in accomplishing any of the
objects or the contracts in relation to the objects, which objects and
contracts have hereinbefore been declared unlawful; but by the 7th and
10th clauses penalties are imposed only upon a party upon its being
shown that he “knowingly and wilfully” shipped and laded goods to be
employed in the slave trade.
5393. It does not apply to his knowledge of the fact of the man being a
dealer in slaves?--I am not aware that it does; a great deal may come
under the general term of “aiding and abetting” the slave trade; but in
all the penal clauses of that Act the words “knowingly and wilfully” are
introduced.
5394. How do you account for the governor of a British colony commencing
his proclamation with these words: “Whereas by the laws of Great
Britain, and more particularly by the provisions of the Act of
Parliament passed in the fifth year of the reign of his late Majesty
George the Fourth, all British subjects are prohibited in the most
express and positive terms, and under the most severe penalties, from
aiding, abetting, or trading with, directly or indirectly, all or any
vessels or vessel engaged, or about to be engaged, in the slave trade,
or fitted with that view and purpose”?--The prohibitory clauses of the
Act are very strong indeed; they would seem to comprehend every kind of
dealing with slave traders; but it is the penal clauses which would
prevent convictions.
5395. _Chairman._] If you could convict the party selling the vessel to
the slave dealer with a guilty knowledge of the purpose to which the
vessel was to be appropriated, you have in the Act of Parliament all
that can be required?--Yes.
5396. Mr. _W. Patten_.] Does the same observation apply to goods?--To
every part of the Act. I believe in every instance where prohibitions
are given in the Act the penal clauses referring to the prohibition
contain the words “knowingly and wilfully.”
5397. _Chairman._] Therefore those acts are all of them unlawful, but
the difficulty is in proving the guilt?--Yes. You may possibly prove the
guilty knowledge by letters found on board the vessel.
5398. If you could ascertain that any merchant at Sierra Leone sold
vessels or goods to a party, knowing that such vessel was to be employed
in the slave trade, he might be convicted under the Act of
Parliament?--Yes; he would be prosecuted and convicted under the 5th of
Geo. 4.
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