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.
Some witnesses have argued, that this question of degree need not be
defined but may be left to be solved by the practical sense of a jury.
By what jury? In England or at Sierra Leone? Under what uncertainties
and obstructions would the most scrupulous trader deal with the Coast
of Africa, if, for the misinterpretation of such instructions, as the
nature of such a case will admit, by a supercargo, his vessel and
goods are liable to be brought some hundreds or thousands of miles out
of their course, to have the question decided by a jury, whether some
person or some factory dealt with was _principally_ or not engaged in
the Slave Trade, it being unlawful if _principally_, lawful if
_partially_, in some unknown and varying proportion, so engaged.
The question for the Legislature to consider is, whether it is worth
while to do all this, to infuse so much risk and uncertainty into a
trade which it wishes to encourage, which it looks to as one of the
main instruments for the civilisation of Africa, for the sake of
interfering with so small a proportion of the facilities which
commerce, permitted at all with Africa, under her present
circumstances, must of necessity afford more or less to the Trade in
Slaves. For unless all other countries can be persuaded to take the
same view, it must indeed be a small proportion, and little indeed
will have been done towards the object; an obstruction will merely
have been raised for such length of time as may be required for
conveying the same goods from England or from foreign countries
through other channels. It would be merely a transfer, and a transfer
to parties less friendly to the object, and less under control. We
have had ample evidence, that foreign vessels already carry on this
trade to a considerable extent; nor is there any right by existing
treaty with foreign nations, nor can it be expected, that we should
obtain it, to interrupt foreign vessels engaged in such a traffic.
But indeed, how would it be carried out? The right of search, in any
shape, is one, as we know by experience, that requires the greatest
delicacy in carrying out with the ships of friendly nations. But what
kind of search must that be, which would seek to ascertain, on board
of an apparently innocent vessel, innocent in her build and in her
equipment, and freighted with innocent goods, whether the destination
of such goods was not made unlawful by some document hidden in the
most obscure recesses of the vessel? How prolonged, how minute,
consequently how irritating at all times, how vexatious, if
unsuccessful; how likely to be unsuccessful, if not guided by more
obvious indications; how likely consequently to lead to disputes and
collisions among nations, most injurious, if not fatal to that
harmonious co-operation for the common object which is so absolutely
essential to success. It must not be lost sight of how large a share
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