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.
tons, according to his official dispatch to the Governor of Sierra
Leone, dated 12th December, 1840[2], as having been landed at Gallinas,
without being able to say that the object was slave trading)--“a
slave-mart and nothing but a slave-mart--you have a case, though it is
an answerable case; but if the answer, which if it exist could be easily
given, is not given, it may very fairly be inferred that the vessel was
proceeding on a slaving voyage, a voyage either for the purpose of
bringing home slaves, or of landing those goods for the purchase of
slaves.”
[2] Vide “Report. West Coast of Africa. Part II, Appendix,” &c. p.
460.
The learned Judge is still upon the point of the nature of the
adventure, as indicated by the nature of the trade said to prevail at
Gallinas; and as in the former observations, since the name of Gallinas
has been laid down as probably conveying no information to any but slave
dealers and the slave police, the prisoner seems to remain untouched.
But then it is laid down that an answer, which of course somewhere must
exist, could be easily given by the accused. How so? but that the law,
this special Act of Parliament, must be so understood as to require the
simple shipping-agent in England to prepare himself with a full
knowledge of the plans and the objects of the foreign merchant abroad,
who orders certain goods to be purchased and shipped for his account.
The learned Judge has not lost sight that in the universal practice of
law, a conviction is only justifiable by evidence produced--that is,
produced against, not by that which the accused party does not produce:
but he feels it his duty, under the Act of Parliament he was expounding,
to warn the Jury that the case is not so to be treated; for the
operation of that Act, when to be applied to a commission-agent in this
country, shipping goods to a place about which such evidence is offered
as that it is a slave-mart, and a slave-mart only, even although the
knowledge of that fact has been previously stated to be most probably
confined to dealers in slaves, and the police employed against them,
upon whose testimony alone it stood before the Court--in such a case,
when dealing with the 5th Geo. IV, the _onus probandi_ lies with the
accused. In the course of mercantile transactions, the commission-agent,
who buys and ships goods by order and for account of a foreign merchant
residing abroad, and to a port with which the former has no intercourse
of trade whatever, would not be supposed nor could be expected to
possess any further knowledge than that necessary to complete, in
England, his own part of the transaction; but not so for the purposes of
the Act in question. The reasoning seems to be this: here is a law which
makes a certain knowledge guilty, if the object of the party abroad,
originating the transaction be in deed and in fact a guilty one. In
order to give force and strength to the operation of this law, it must
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