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.
5410. _Chairman._] But it may exist?--Yes, it may exist; but unless you
can prove it, the penalties of the Act would not reach him.
5411. Do you conceive that the act of selling a vessel or goods that may
be hereafter employed, or that shall be, to the knowledge of the person
selling them, employed in the slave trade, falls within the meaning of
the Act, unless that person is to have a share in the profits of the
transaction?--Yes, I believe it does include that; I think that it
forbids aiding and assisting in every way, even as servants, or employed
in boats.
5412. Mr. _Forster_.] Then you think that a British subject selling
goods to Pedro Blanco, or any other slave dealer, with the impression on
his mind, or, in fact, the conviction on his mind, that those goods
would be employed in the slave trade, would come within the meaning of
that Act?--Yes certainly; but the difficulty would be in the proof of
the guilty knowledge. Such an act as that is certainly intended to come
within the Act; not that I would recommend that those words, “knowingly
and wilfully,” should be taken out entirely; I think it might be a
dangerous thing to do so; but I am speaking of what, in my opinion, the
meaning of the Act is, namely, that it is absolutely necessary in every
case to prove the guilty knowledge, in order to bring the party accused
within the penalties of the Act.
5413. In what way would you prove the mental impression upon the man’s
mind?--There is the difficulty.
5414. Do you think that any British Act of Parliament would impose
penalties for the mental impression upon a man’s mind?--I have stated
that I am not prepared to say whether or not the words “knowingly and
wilfully” might be advantageously omitted from the Act, but a guilty
knowledge may be inferred from particular circumstances.
5415. Then you consider that that Act of Parliament is an Act against
constructive slave trading?--No.
5416. _Chairman._] You consider it to be an Act against aiding and
abetting the slave trade in as many ways as the Act of Parliament can
reach it?--Yes; there is no Act that I ever read that is so general and
comprehensive in its terms; but unfortunately it is limited, as it must
be limited, in its application.
5417. Mr. _Forster_.] Can you quote the authority of any British lawyer
for the opinions you have expressed with respect to the construction of
that Act?--Yes, I have heard opinions expressed on the subject from the
Bench at Sierra Leone repeatedly, and by educated lawyers.
5418. In the case of a British merchant selling goods to a person who
was known to have no other means of gaining his livelihood, except by
the slave trade, the party selling the goods would in your opinion be
liable to the penalties of that Act?--It is the same thing in that case;
you must prove guilty knowledge, direct or implied.
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