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.
5056. Where?--In Gallinas, principally, New Sesters, Sherboro’; those
are the principal ports in that part; there are others smaller.
5057. For all those ports, of course, Sierra Leone you consider to be
the most advantageous position?--Certainly.
5058. Mr. _Forster_.] But in speaking of the amount of slave trade
carried on at those places which you have just named, do you speak of
those in comparison with the bights, and also with the Spanish and
Portuguese settlements to the south of the Line?--I speak of the amount
of captures that have been made there. The south was left very nearly in
the same state in which the north was. The cruizing of the squadron was
almost entirely confined to the bights.
5059. To the south of the Line they could not cruize, could they?--Yes,
they could cruize near the Portuguese settlements, for the court
practically got over the article in the treaty under which captures were
forbidden to the southward of the Line, by establishing, which they did
in 1838, the principle, that the national character of any vessel was to
be taken from the residence of the owner, the place where he carried on
his mercantile business, and also from the course of trade in which the
vessel was engaged; and as there could be no foreign Portuguese slave
trade, for Portugal has no colonies to supply with slaves, we were sure
to make the vessel either Brazilian or Spanish. She was captured under
Portuguese colours, and with Portuguese papers, but the treaty had given
us a right to search her any where, either north or south; it had not
given us the right to detain her south of the Line, if she was _bonâ
fide_ Portuguese; but if captured as a Portuguese vessel under the
Portuguese flag, and with Portuguese papers, she was sent up to Sierra
Leone, and was almost certain to be condemned either as a Brazilian or a
Spaniard.
5060. That decision was come to in 1838?--Yes.
5061. Before that time the impression had prevailed that the slave trade
from the Portuguese settlements was protected?--There was no seizure to
the south of the Line to render a decision necessary; vessels were
seized immediately close to the Line, in several cases, and it was never
thought of; that was before the Portuguese flag was so much used, and
the cause of the Portuguese flag being so much used by slavers, was the
Spanish treaty having given the right to seize, on the ground of
equipment; that did not take place till 1836. I was at home in that
year, and on my return in December 1837, I found that almost every
vessel on the coast was sailing under Portuguese colours, and then we
met this new circumstance by an alteration in the interpretation of the
treaty.
5062. Mr. _Aldam_.] If the owner had been a _bonâ fide_ Portuguese,
would the vessel have been still condemned?--If the owner had been a
Portuguese, resident in Havannah, we should have treated the vessel as a
Spanish vessel; and if at Rio Janeiro, we should have treated it as a
Brazilian vessel.
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