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 Judicial Authority at present existing in the Forts is not
altogether in a satisfactory condition; it resides in the Governor and
Council, who act as Magistrates, and whose instructions limit them to
the administration of British Law, and that, as far as the Natives are
concerned, strictly and exclusively within the Forts themselves; but
practically, and necessarily, and usefully, these directions having
been disregarded, a kind of irregular jurisdiction has grown up,
extending itself far beyond the limits of the Forts by the voluntary
submission of the Natives themselves, whether Chiefs or Traders, to
British Equity; and its decisions, owing to the moral influence,
partly of our acknowledged power, and partly of the respect which has
been inspired by the fairness with which it has been exercised by
Captain Maclean and the Magistrates at the other Forts, have
generally, we might almost say, uniformly, been carried into effect
without the interposition of force. The value of this interposition of
an enlightened, though irregular, authority, (which has extended, in
some cases and with advantage to humanity, even to an interference in
capital cases,) is borne witness to, not only by parties connected
with the Government of the Settlements, who might be suspected of a
bias in its favour, but also by the Wesleyan Missionaries, and even by
Dr. Madden, who, objecting to its undefined extent, and to the manner
in which, in some respects, it has been carried out, yet still bears
high testimony to its practical value, to its acknowledged equity, and
to its superiority over the barbarous customs which it tends to
supersede. Even the duration of imprisonment, of which he complains,
has been usually adjudged to offences which would have incurred a
severer penalty in most civilised countries, and would certainly, if
left to the arbitrary decision of native chiefs, or to the “wild
justice” of private revenge, have been punished by death, and that
frequently of the most cruel kind. Still, however, it is desirable
that this jurisdiction should be better defined and understood, and
that a Judicial Officer should be placed at the disposal of the
Governor, to assist, or supersede, partially or entirely, his judicial
functions, and those now exercised by the Council and the several
Commandants in their magisterial capacity; but we would recommend,
that while he follows in his decisions the general principles, he be
not restricted to the technicalities of British Law, and that
altogether he should be allowed a large discretion.
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