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.
5008. Who is the British commissioner of arbitration; is he a distinct
person from the British commissary judge?--Yes; the British court is
always perfect.
5009. What does it consist of?--It consists of the British commissary
judge and the British commissioner of arbitration; and the treaties
point out how any vacancy, either by death or absence, is to be
supplied; the governor in the first instance, attends for the absent
judge, whoever he may be, and after him, the chief justice, and then the
colonial secretary. It is left to those three officers; but I presume
that if those three should all be ill, or their places be vacant by
death, the office would then descend to the person next in seniority in
the colonial government there; but we never went lower than the colonial
secretary. The Brazilian court has been the only one perfect, and the
British commissioner of arbitration has always sat in my time for the
Portuguese and Spanish commissary judges. No case at all has occurred in
the Dutch court.
5010. In case a vessel taken under the colours of any other nation were
brought into Sierra Leone, how would that case be decided?--There are
other treaties than those I have mentioned. A French case is sent to the
French authorities under the French treaty, and in the treaties with all
other nations that have treaties on the model of the French treaty, the
vessels are handed over to their own judicial authorities.
5011. Within Sierra Leone?--The treaty points out where they are to be
taken; if a French vessel is taken, it is sent to Goree.
5012. Then no vessels are brought in for adjudication to Sierra Leone
but Dutch and Portuguese, and Spanish and Brazilian vessels?--Not for
adjudication by the mixed commission; but there is the vice-admiralty
court, which under the late act relating to Portugal, for the
suppression of the slave trade, takes cognizance of vessels under that
flag which are captured; and may take cognizance of any vessels under
any flag that are captured in British waters, wherever they are taken,
whether at Sierra Leone, or the Gambia, or any British settlement on the
coast, and that has been rather frequent of late.
5013. The mixed commission court has jurisdiction over all cases which
are brought within the limits of the treaty with Portugal, and the
Vice-Admiralty Court in the Portuguese cases, over which we have assumed
jurisdiction by Act of Parliament, that is to say, all cases of vessels
captured south of the Line?--Yes; it is optional still for the captor to
prosecute a Portuguese vessel, captured under the Act of Parliament,
before the admiralty court, if he chooses, instead of bringing her
before the mixed commission court, but the process is so much more
summary with us, and the expense so much less, that that option is
seldom taken.
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