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.
order and for account of a merchant residing abroad. It had before been
laid down, that to ship the goods for slave trade purposes is an offence
under the Act, if the shipper was cognizant of the intent: it is now
said, that the port is an exclusively slave trading port, and it is not
suggested that this was probably unknown, as it had before been said, to
any but the dealer in slaves and the police employed against them, nor
any account taken of the statement of the accused before the House of
Commons, which had been read in Court, disclaiming the very possibility,
as a mere shipping-agent, of any knowledge of what was to be done with
the goods: the only answer suggested is one which may give a plain and
simple account of what the merchant abroad intended to do with the goods
at such a port. It seems to follow, therefore, that the mere
shipping-agent in England is bound by the Act to be provided with such
an account; and if he does not give it, the inference, to be drawn as to
the object of the shipment from the character of the port, will not
only attach to the adventure, but will cut deeper, since if you are
bound to have and to produce a knowledge, and you do not produce it, it
seems that the account is to be held not to be producible.
The notion that the Act of Parliament must be understood, not only as
punishing a proved guilty knowledge, but as demanding from the accused
party proof of an innocent knowledge of the plans and objects of a
foreign merchant residing abroad, in respect of a transaction, in which
the former has had no other share than that of a simple shipping agency
in England, by order and for account of the latter, pervades the whole
of the proceedings, and shows itself more clearly in the remarks that
follow. “It is possible,” continues the Judge, “that this might be an
adventure, not slave trading; if so, nothing can be more simple than to
prove it: Martinez & Co. might prove that it is an honest adventure. If
it was a dishonest adventure, it could not be expected that Martinez &
Co. should be called to give evidence at all; but if it were an innocent
adventure, it would be very easy for them to be called. It is true that
persons are to be convicted, not by evidence they did not produce, but
by evidence produced against them--not on suspicion, but on conviction;
but where such evidence is offered of the trade being slave trading, as
is offered here, namely, that the vessel was loaded with goods” (in
itself, as the learned Judge had formerly stated, not conclusive of
guilt)--“that a cargo of goods was dispatched” (to which the same former
observation applies) “to a place, where slave trading is the only known
object for which vessels _ever_ go” (known to slave traders and the
police employed against them, as was also aptly remarked by his
Lordship; although one of these, Captain Denman, seems to have known of
800 tons, according to his evidence (see p. 329); and upwards of 1,000
Public-domain text, read in full here on John Shaqi.
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