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.
The first consideration which presents itself is the nature and
definition of the offence. In the outset of his summing up, the learned
Judge stating the nature of the charge, alluding to the vessel which the
prisoner is alleged to have employed, lays down, “that it was not
necessary to be proved that the ship in question (the Augusta) was
intended to be used for the conveyance of slaves from the coast of
Africa. If there was a slave adventure--if there was an adventure, of
which the object was that slaves should be brought from the coast of
Africa, that there should be slave trading there--and if this vessel was
dispatched and employed for the purpose of accomplishing that object,
although it was intended to accomplish that object otherwise than by
bringing home the slaves in that vessel--that is within the Act of
Parliament. So, if the goods were loaded for the purpose of
accomplishing the slave trade ... the crime charged in this indictment
would be committed, the allegations in the indictment would be
supported, and the prohibition of the Act of Parliament would be
violated.”
Such is the nature of the offence. If there is a slave adventure in the
port of destination of the vessel and goods which you dispatch, for the
purpose of accomplishing which they may be said to have been intended,
the prohibition is violated; but as, in the case of the vessel and the
goods in question, no attempt was even made to prove the existence of
any such adventure, but only a general slaving character of the port of
destination, it follows that not even the existence of such particular
slave adventure is necessary to be proved in order to support an
indictment under the Act, but it is enough if a general slaving
character of the trade at the port of destination is proved, in order to
lay the ground of an indictment. Let this general slave trading
character be discovered by any one of a port in Africa, to which you may
have sent goods--and of course, if a port not in Africa is (as may very
well be) largely concerned in the trade, the case is not very much
altered--and you stand open to a charge under the Act, for the crime has
been committed. It is as when a man is found murdered in the street--the
crime has been committed--the only thing is to find out the criminal.
How this is done under the Act of Parliament on the slave trade is the
next thing to be seen.
Public-domain text, read in full here on John Shaqi.
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