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.
of a vessel employed by an agent in England to carry goods, bought and
shipped by himself, by order and for account of a foreign merchant
residing abroad, if the prosecutor show a general slaving at the port of
destination.
And thus have I disposed of the last point which I proposed to
illustrate out of the summing up of Justice Maule, in order to show the
position of merchants who have intercourse of business with countries
wherein slavery, and the slave trade, is still permitted to exist.
I began by showing the facility afforded by the law to any individual
whomsoever, who may choose to undertake a prosecution, not only without
the consent, but against the recorded judgment of the Legislature, and
the known opinion of those officers of the Crown who are especially
charged with the prosecution of public offenders. I have shown, that
this may be done by any man--whether from motives of private resentment,
or of private interest, or of wanton malice--whether under a fanatical
hallucination, or from a desire of vain-glory, or from a combination of
all or of some of the very worst passions of the heart with the less
inexcusable errors of the head, it matters not: the search for the
particular motive operating in any one given instance is indeed
unprofitable, and whilst it cannot do much towards reclaiming the
perpetrator of the mischief, would but little improve the moral tone of
mind of his victim, yet the fact itself remains unaltered, _viz._ that a
prosecution of this kind, in the name of the Queen, which the forms of
justice require to be used, and on the plea of a public spirit, may be
taken up by any man in defiance of a recommendation to the contrary by
the House of Commons, upon a case canvassed and decided upon by a
Committee of that House, and against the opinion of the law officers of
the Crown. It has also appeared, that to the general and very powerful
objections which are suggested by the common sense and reason of mankind
against this practical reversion to the state of savage life in which a
man can take such means of attack upon his fellow-man as he thinks will
effect his purpose best, with this sole difference, that the
self-appointed public prosecutor may inflict even greater mischief with
the weapon of the law than the savage with the knife, and more securely,
this evil is added, _viz._ that this private avenger of public wrongs
may adopt the form of a secret information before a Grand Jury, thus
avoiding the necessity of appearing as the accuser, unless he chooses so
to do, at his own most convenient time, and always preserving the
secrets of his own statements, by means of which the first blow at all
events will have been successfully, irremediably, and fatally inflicted,
and thus placing himself above any responsibility on that account. Then
it has been seen, that at this stage of the proceedings, and under all
the ignorance as to the prosecutor and as to the depositions upon which
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