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 question resolves itself therefore into one of prudence, about which
you will be told by the learned Counsel, and properly told, that you
alone can be, and you alone must be, the judge, _viz._ whether, under
the state of the law which has been developed, it is safe to enter into
any dealings, not which you know or suspect (this is _a fraud of the
law_), but which _may be_ rendered subservient, however indirectly by
others, to a slave trading purpose. The letter of the law seems to speak
of _knowingly and wilfully_ aiding and abetting the slave trade, and so
it is expounded by the highest legal authority of the land, when
consulted upon any one case in perspective; but the practice renders
this a most _egregious fraud_ on the part of the law itself, which
presents itself under false colours; for, whilst in theory it does not
permit of any other advice being given for its observance than that just
mentioned, in practice it has been seen how the proof of your knowledge
is established, not by evidence produced against you, but by that which
you do not produce when a case of probable _knowledge_, founded upon
knowledge of others in totally different circumstances, has been made
out.
These things speak for themselves and show what is the practical
situation of merchants trading with countries in which dealing in slaves
and slave negotiations are both legal and of common occurrence. I need
not say, that the United States, Cuba, Brazils, and a large portion of
Europe, without talking of Africa, fall exactly under this description.
It has been admitted, for indeed it cannot be denied, that it is
impracticable to draw a line of separation, in order to distinguish the
illicit from the licit traffic, in countries where they both subsist,
for they are interwoven and mix themselves with, and merge the one into,
the other. This is perfectly clear, and indeed the only intelligible
account of the matter. Under such a view of the nature of the
thing--after what has been brought to light in the late proceedings as
to the mode in which a man may be attacked, with ruin staring him in the
face at the first onset, whatever the subsequent result may be, seized
on--laid hold of at any, perhaps the most critical, moment--after what
has been seen of the method in which his prosecution will be suffered to
be carried on, and the manner in which the evidence will be made to
bear, in order to prove the _knowledge_ which constitutes the
guilt--after seeing that no precaution can guard a man against the
attack, and no endeavour to ascertain the real sense of the treacherous
law, which speaks one thing and means a very different one--after seeing
that as a merchant of wealth, character, and education, he carries in
those very circumstances as many presumptions of guilt--after it has
been shown that the only thing which can save him, according as the law
is laid down and administered, is that which in the nature of mercantile
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