Third day, Monday, Oct. 30 391

TO

THE MERCHANTS,

MANUFACTURERS,

AND

TRADERS OF GREAT BRITAIN.

The case, which will be laid before you in the following pages, must be

admitted to be one of an unprecedented character.

A merchant, to all practical purposes a British merchant, the junior

member of a firm of unquestioned respectability, in which his father and

brother are active partners with himself, which has been established for

upwards of seventy years in Spain, and of twenty in the City of London,

during which period they have maintained, both as merchants and as

individuals in private life, the character which will be found in the

following pages to have been given them upon oath by several of the most

eminent of their fellow-merchants--this individual finds himself

suddenly arrested, in the manner hereafter described, within the

precincts of his own private office, which is situated in the most

conspicuous spot in the City of London, whilst in the pursuit of his

ordinary business, upon a bench-warrant, as it is said (but which was

never shown to, or has been since seen by him), a true bill having been

found against him by the Grand Jury of the County of Middlesex. The

charge will be found in the two indictments inserted in pages 211 and

214, the former for felony, under the Act of 5 Geo. IV, cap. 113,

entitled “An Act to amend and consolidate the Laws relating to the

Abolition of the Slave Trade;” the latter for conspiracy, to do that

which the former indictment describes as done, _viz._ “manning,” &c.

&c., “and shipping certain goods on board a certain vessel, called the

Augusta, for the purpose of dealing in slaves;” and the penalty,

amounting, in fact, to a person in the rank and station of the accused

and of his family, to a forfeiture of life, and those objects which are

dearer than life itself. He is carried in custody to the police-station

on Garlick Hill, where shortly afterwards, a London attorney, whose name

he had never before heard, appears and prefers a charge of slave

dealing. The prisoner is immediately conveyed to the Central Criminal

Court, then sitting at the Old Bailey; there the two indictments are

read to him _pro formâ_, for they leave him in utter ignorance of who

the prosecutor is, or upon what depositions the Grand Jury had found the

bill, although his defence, to be effectual, must be directed against

them: they remain to this moment an undisclosed mystery, and no one is

answerable for the accuracy of those statements, whilst who the

prosecutor was, was only disclosed by the counsel for the prosecution at

the trial, before the examination of the witnesses began.

The prisoner’s application to the Central Criminal Court to be admitted

to bail was strenuously opposed by the prosecuting attorney in person,

when the Court, yielding to the representation of the probable result of

the refusal upon the members of an honourable family thus violently

taken by surprise and distracted, granted the application on terms

indeed which the Court itself deemed excessive, but which were the only

terms to which the attorney’s consent could be obtained. It was found

impossible, on account of the lateness of the hour, to meet with one of

the two individuals who had been approved of by the attorney; and under

these circumstances the Court consented to receive one security alone

for 2,000_l._, and the prisoner’s own recognizance for 6,000_l._ Thus

it happened, that he who had left his home, his wife, and his children

in the morning, with as assured a conscience as any of you can do,

returned about ten o’clock in the evening a prisoner, with the

possibility of a sentence of transportation hanging over his head, as

ignorant of his accuser, or of the facts deposed to against him, as if

he had fallen into the hands of the Inquisition.

The whole transaction, embracing the purchase and dispatch of the vessel

Augusta, named in the indictment, had formed part of the subject of an

examination, for which the house of Zulueta & Co. tendered themselves in

the person of Pedro de Zulueta, before a Select Committee appointed in

March, 1842, by the House of Commons, to inquire into the State of the

British Possessions on the West Coast of Africa, and which was sitting

in July and August, 1842, and the Report of whose proceedings had then

been nearly a year before the public. Before that Committee, among

several other witnesses, two officers of the navy (whose names may be

seen on the back of the indictments), who had been in command of British

cruizers on the African coast, and another individual, who it seems has

discharged the duties of a Judge at Sierra Leone, appeared and were

examined. Their examinations were published in the Report, and from

thence are inserted in the following pages; but it should be observed

that the last-mentioned of these three individuals did not appear in the

prosecution, his evidence being inserted here only from the anxiety that

a complete case should be placed before you.

As it is in the power of every reader to verify the correctness of any

observations that may be made upon the merits of the evidence given by

these individuals before the Committee, it cannot be improper to call

attention to the temper which evidently pervades it, not for the purpose

of invective, but because it is a circumstance of very great practical

application to the matter in hand. It is impossible not to be struck

upon its perusal with the absolute recklessness of statement, both as to

fact and theory. The most formidable conclusions are built upon the most

slender foundations. Facts and theories are so mixed up together, that

it is only after much sifting that it turns out that what was stated as

fact was no more than a theory in the speaker’s mind; and these

theories, too, embracing all questions, whether of commerce, of fiscal

science, policy, legislation, international law, education, morals, and

religion: after which, the character of individuals, or that of a

commercial house, is no doubt a matter about which much circumspection

cannot be expected to be exercised. The fate of Africa, the immense

interests of British commerce, of the commerce of the world; the

interpretation of existing laws, under which property, life, honour, may

be forfeited; their modification and adjustment; public opinion with its

powerful influence, so dangerous when misled, so difficult to be set

right; all these awfully important matters seem to hang upon the lips of

those two officers of the navy--and they do not seem to feel any

hesitation in disposing of such momentous interests. Can it be expected

that they would stop and consider before they make a statement regarding

private individuals, even though they may happen to be, to say the least

of it, accounted by the first men of this city, and in others of the

first cities of the world, honourable by birth, profession, and personal

character? The crime of which they would be guilty, were mere assertion

to be taken as positive proof, is according to the witnesses so heinous,

that it exceeds in their estimation almost every other, not only in the

law of man, but in the law of God; and yet it is to be imputed upon

their construction of some rumours which they themselves, it is quite

possible, indeed very probable, may quite unconsciously have helped to

mould into a shape by their readiness to accumulate this miscalled

evidence. Whether this representation of the general character of the

evidence given before the Committee by these individuals is, or is not,

correct, may be seen at once by a reference to it in the following

pages.

The first information, which any of the members of the house of Zulueta

& Co. had of even the existence of the Committee, was the receipt of a

letter (see p. 1) accompanying a copy of a lengthy Report, by a Dr.

Madden, on the Coast of Africa, which called forth a reply (see p. 5)

addressed by Zulueta & Co. to the Chairman of the Committee--a reply,

which, in truth, contains the whole of their case, and to which they may

well look back with just pride, since the keenest appetite for the

discovery of guilt has not been able to detect one single circumstance

contradictory of one tittle of its contents. Neither the examination

before the Committee in 1842, nor the trial in 1843, circumstances which

could not be foreseen or anticipated, have elicited one single fact at

variance with the statements of that letter, impossible as it was to

have contemplated at the time it was written, that its accuracy would be

subject to so severe a test as either the examination before the

Committee, which took place two months afterwards, or the trial, which

did not occur till after the lapse of more than a year.

After that letter was sent, it became known to the house of Zulueta &

Co. that further statements, unfavourable to their character as

merchants, had been made before the Committee; and in consequence of a

verbal representation of the unfairness of such mode of accusation,

copies of the examinations of two of the witnesses were sent to them.

The individual who now addresses you, then offered himself, at the

request of his partners, to be examined, the selection of himself being

made for no other reason than that he was thought more capable of making

himself understood.

It was thus therefore that I, Pedro de Zulueta the younger, appeared

before the Committee, and, as will be seen by the minutes of my

evidence, entered into an examination of every statement which was

brought before me as having been made by the witnesses concerning my

house, contradicted several of them, explained others, and volunteered a

description of the nature of the dealings of my firm with the two others

(whose names had been flung at us) from the time of the establishment of

Zulueta & Co. in London, twenty years ago. I also underwent a

cross-examination, of which one very remarkable feature was, that

Captain Denman himself, one of the witnesses against me both at this

examination and at the trial, was sitting close to several members of

the Committee, and was seen by me to whisper repeatedly into the ear of

more than one member, what, it is not unnatural to suppose, may have

been directions for the more effectual discovery of the truth.

I can hardly restrain the expression of my feelings when I consider now

the use which has been made of the unreserved frankness, the unguarded,

because unsuspecting, candour of the statements made by me before that

Committee. The thought never occurred to me, that evidence, professedly

taken for the benefit of the public service, required any thing more

than substantive truth, and a general bearing upon the points in

question; nor could I ever have conceived that it would be scanned with

critical severity, in order to take advantage to my detriment of the

worst construction that might be put upon this or that verbal slip, so

as to place my very existence at stake upon it. I considered myself as

doing nothing more than (whilst attempting to eradicate from the minds

of the Committee any unfavourable impression, which might have been made

upon them by incorrect statements against the character of my house)

affording information for placing the legislation on the subjects before

the consideration of the Committee on a more satisfactory basis--not by

indulging in assertion of crude theories, or in vague declamations, but

by the simple statement of a practical case--anxious to show in the

instance of my house the situation in which a firm of acknowledged

honour and respectability, whose private character, and the prominent

political position of one of its members in another country, renders

them at least very unlikely abettors of the slave trade--may yet be

placed, because, living in England, they happen to have a mercantile

intercourse with persons residing in places where this trade is

unhappily one of the existing evils, and in which therefore those

persons may be more or less implicated, inasmuch as it is well known

that no trade whatever can be carried on with a country where the slave

trade exists without its being, in some measure, of more or less direct

assistance to this illicit traffic. And as the assertion which had been

made against some of our correspondents tended, if true, to place this

position of merchants in England in a very striking light, I did think

that whilst the statements made _might_ be true (and to disprove them

could not be in my power nor in the power of any man in my situation)

the proper and fair course was not to controvert the matter at all; but,

taking the statements for granted, practically to direct the attention

of the Committee to the position in which British merchants are left

upon the very case itself, which was made out by the bitterest impugners

of the character of British commerce.

I appeal to every man who reads my evidence before the

Committee--without a previous determination to find out some one upon

whom an experiment of the power of the Act of 5 Geo. IV may be tried,

and a corroboration of the theory respecting the alleged existence of

British slave trading--whether upon any other hypothesis, but that of

conscious innocence or of consummate effrontery, my answers to the

questions put by the Committee can be possibly reconciled with common

sense or common prudence, much less be consistent with that deep

skilfulness and far-seeing intelligence, which have been so lavishly

attributed to me and to my partners for the purposes of my destruction.

Not for an instant, even when those outraged feelings, which have not

been spared, possessed greatest sway over my mind, has the thought

occurred to me, that at the time of my examination the object of any one

member of the Committee, or even of Captain Denman himself (for I have

alluded to the fact of his being present), could be the collecting

materials for a secret accusation before a Grand Jury; and I wish very

distinctly to protest against any such inference being drawn from my

remarks, not for the sake of the members of the Committee, who are above

being injured by insinuations, but for my own sake, who alone could be

injured by the supposition. I am conscious of having appeared before

several men whose names are, and have been ever since I can recollect

having heard them, associated in my mind with nothing but what is

honourable and high principled: I received from some of them

complimentary expressions upon the apparent candour and openness, the

straightforward character of the evidence given; and I cannot help

believing that my statements were considered moreover valuable, as

tending to show the inexpediency, the gross injustice, of encouraging on

the one hand trade with countries in which slave trade prevails, and

yet, on the other hand, attempting to make the natural and well-known

tendency of all trade to mix itself with the general state of society of

the country into which it is carried, the evidence of some peculiar

criminal knowledge in the parties necessarily nearest in contact with

those countries, and visiting that knowledge upon them, after the

community have derived profit and advantage from the transaction,

although it is well known that the parties so to be sacrificed have it

not in their power to guard any but themselves from being directly

instrumental to the deviation of the trade into channels rendered

illegal by Act of Parliament. I venture to assert, that the prominent

feature of my evidence was felt by the Committee to be its

_unconnectedness_ with any party or theory; and this feature stamped it

with the character of truth which, if fairly and honestly stated, must

at times militate against one theory or another.

This is an offence to all who thrive upon theories, and in exactly the

proportion of their affected or unreasonable belief of them. An

instinctive alarm takes possession of such minds, and as they themselves

cannot conceive that other people may have no theory of their own to

serve upon that particular subject, which to them, and therefore in

their opinion to all, must be paramount, they are disposed to imagine

one theory of their own, which they at once fix upon the party thus

offending against the assumed mental necessity of universal theorism. If

the writer is not much mistaken, the irritation which is produced by

this process of the mind, still more if self-interest is at the bottom,

will materially help to reveal the moving-spring of the proceedings

which are recorded in the following pages.

Be this as it may, one thing is altogether unquestionable (and indeed

there has been no attempt to disguise the fact, and to it I beg to call

the attention of every man in Great Britain)--it is this: Pedro de

Zulueta could never have been placed in the position in which he was

(charged with felony under the finding of the Grand Jury), with the

remotest chance of a conviction, if he had not voluntarily offered

himself for examination before a Committee of the British House of

Commons--the way being this--a London attorney lays hold of the printed

Report of the proceedings; every part of the evidence given by Pedro de

Zulueta, that was destructive of the hypothesis of his being a

well-knowing and wilful abettor of an alleged slave trading speculation

_in 1840_, is disconnected from those passages in which he had stated

that, _in 1842, when he was speaking_ (after hearing and reading a mass

of evidence given for the first time before that Committee), he had

heard statements about his correspondents being participators in the

slave trade which might be true, which were not, he felt, material to

himself, and which, as he had not the means of disproving, he _then_

stated that he must _then_ believe; and then using this intelligible

admission, _made in 1842_, the only one that could be found at all

available, as the only presumptive proof of _guilty knowledge in 1840_.

Nothing could be done or attempted against the house of Zulueta & Co.,

much less against the individual who was attacked, without this

management, this distortion of the evidence--for some knowledge of some

kind must be made out _in_ 1840, and although the fallacy was

transparent, it might and unfortunately did serve for the purpose of the

attack at the heart, and might still serve for the next, but not the

sole object, of the prosecution. It is true, that the whole of the

evidence given by me was read at the trial, for so the law requires it;

but that same law, as was observed, also permits that those parts of a

man’s statements which make in his favour should not be believed or

taken for any thing, whilst such admissions as might be made to appear

criminatory of himself are received as evidence against him. By such a

process of distortion alone could a case be made out against my house,

or fixed upon myself, who was totally unknown to the so-called witnesses

as they themselves admitted, and who did not personally appear in any

part of the transactions excepting at my own examination before the

Committee. If the facts are not so, let it be at once explained what

other circumstance marked me out for prosecution. Let the reader of the

following pages, after perusing the trial carefully, attempt to solve

the problem for himself of how (apart from the fact of my appearing, and

of the application which is made of my statements before the Committee

of the House of Commons) the firm of Zulueta & Co. came to be prosecuted

in my person to the exclusion of others. Let every other part of the

evidence given before and at the trial, of matter of fact, by the

witnesses on the transaction of the Augusta be considered, and where is

one single fact that can connect Zulueta & Co. with the alleged, and

only alleged, designs of the parties by whose orders they had acted in

that transaction--an acting in itself admitted to be innocent? And if

the reader does not find any other solution of the difficulty, it is

clearly demonstrated that Pedro de Zulueta has been prosecuted upon

partial statements from his own evidence, given before a Committee of

the House of Commons, where he appeared voluntarily, where he was

encouraged to explain transactions of business, and neither refused nor

even hesitated to answer one single question that was put to him, as

conducive to a great public object; but without the slightest intimation

of the ulterior object to which it has been perverted.

For the purpose not certainly of clearing up the question, but of

sophisticating a very plain case, it will perhaps be asked, whether, if

a man should avow himself before a Committee of the House of Commons to

have been guilty of a crime, or to have partaken in it, is it meant to

be contended that his candour is to be the safeguard of his guilt? One

short answer is, that the remark is inapplicable to the case; for no

such avowal has been even contended to have been made, but on the

contrary a distinct and repeated general and circumstantial disavowal

was made. Whether my declarations did or did not amount to such degree

of information in my mind, at the time of giving my evidence, as

presumed a knowledge two years before, that would be brought under the

description of the _guilty knowledge_ described in legal phraseology, in

an Act of Parliament, very obscure as is generally admitted, and never

before put in practice, this was the utmost that the ingenuity of the

prosecution could make out of my evidence--and this cannot be called an

avowal of crime. The question is not, whether a crime avowed before a

Committee of the House of Commons should or should not be prosecuted,

using the avowal as one of the means of conviction--a question, which

even so put is argued, I believe, on both sides by eminent lawyers--but

whether in my case, such as it is, I have not a right to complain of the

grossest and most unparalleled breach of good faith--whether the use

made of my evidence is not one against which the conscience of every man

revolts--whether it is likely to facilitate the public service, or to

increase the respect due to the British Legislature at home and abroad,

or to their proceedings--even if in other respects the course adopted is

free from legal objections, which I believe is at least doubtful.

The fact itself is unquestionable, and I must repeatedly assert it--that

the materials for my prosecution were collected from my own evidence as

laid before the public, in the printed Report of the Committee, for

whose information it was given--that in collecting these materials the

statements, although formally read as they were made, were virtually

vitiated--that, although the whole was read, only that part which was

thought susceptible of some adverse construction was avowed to be of any

necessary weight; and statements, such as they were, which had been

_made in 1842_, after information that was at any rate only furnished in

that year, were applied for the purpose of raising _a presumption of

guilty knowledge in 1840_.

I have insisted so much upon this point, because it is very material

that it should be borne in mind throughout the perusal of the following

pages. I do not hesitate to believe that the unsophisticated sense of

the people of this country will revolt at the fact of a Committee of the

House of Commons having been turned into a trap wherein to take a man--a

snare to his good faith--the more effectual, because the members who

happen to compose the Committee stand high for honour and integrity in

the land, and therefore their very names seemed to afford a guarantee

that the fairest construction would be put upon the words of a

respectable individual, who appeared voluntarily before them, without

assuming from the outset that he is a self-convicted felon, who comes

before them for no other purpose than to deceive, and who must be

listened to only in order to see if he does not betray himself into some

acknowledgment of his crimes, of which advantage is to be taken to

secure the ends of justice, which he craftily endeavours to defeat. It

may suit those who want such a monster of craft and subtlety in order to

justify the monstrous proceedings, which have been deemed necessary to

support a mischievous and unfounded theory that British capital is

employed in the slave trade--it may suit them, to make me out to be this

desideratum in their system; but, without laying claim to any more

extended or more favourable notoriety than that which is on record, I

venture to say that the attempt must fall to the ground, by the weight

of its intrinsic absurdity, before the common sense of the people of

this country.

But what the Committee thought of the evidence, after hearing at length

the very individuals who appeared against me at the Old Bailey, and

after hearing my own evidence, which formed the chief weapon against me

in that Court, will be found in their own Report, printed in the

following pages. Every reader may judge for himself, whether, in point

of fact, it is not an anticipated condemnation of such proceedings as

have been inflicted upon me--a verdict of not guilty, not only upon the

transactions of the Augusta, but upon the whole of Zulueta & Co.’s

agency for the houses mentioned, in my evidence, if the representation

given by me of the transaction be substantially correct. In page 203 the

following words will be found:--“In the first place, it is fair to state

that we have no evidence, or reason to believe, that any British

merchant, concerned in the trade with the West Coast of Africa, either

owns or equips any vessel engaged in the slave trade, or has any share

in the risk or profits of any slave trade venture”--a declaration this,

the correctness of which every one conversant with the characteristic

features of British commerce must acknowledge. Have any facts been

elicited subsequent to this Report, and previously to the prosecution

being instituted--any new evidence, which was not before the Committee

of the House of Commons? This is a question which happily every reader

of the following pages may settle for himself. Let him, as he peruses

the evidence, at each stage of it ask himself the question--Was this

before the Committee of the House of Commons? That it was, must be the

answer upon every point. Not one statement was elicited from a single

witness which had not been before the Committee. There was indeed an

unworthy attempt to create a false impression about some casks and

shackles having been left on board, even after the most unsparing of the

witnesses for the prosecution had acquitted the vessel of even the

shadow of a suspicion of containing the least implement available for a

slaving equipment. How the attempt was foiled by their own witness

afterwards will be seen; and I will not say a word more about an attempt

upon which the very existence of a fellow-creature perhaps might hang,

leaving it to be visited with the feeling of abhorrence which it must

excite in every reader. Apart from this, there was before the Committee

much more against me than there was before the Court, as may be seen by

a comparison of the evidence as given before the one with that given

before the other; because the nature of legal proceedings keeps the

witness, even if otherwise disposed, within the limits of matter of

fact--limits, which before the Court they did attempt to transgress, as

may be seen very prominently in the case of the chief of them, but from

which before the Committee it was in their power to wander, and they did

accordingly so wander at every moment. Is it not fair to infer, that it

was not to serve the purposes of justice, but at the very best that of

some fancied expediency, that this prosecution was undertaken--a

prosecution demonstrated to have been undertaken against the recorded

sense and opinion of the Select Committee of the House of Commons?

Suppose, for a moment, that by some quibble of law, by the forced

interpretation of an Act of Parliament, admitted to be sufficiently

obscure--not to speak of attempts to pervert evidence, or of the effort

to carry off the victory, which constitutes the very essence of all

legal conflict between individuals, and which of itself renders the

right of private prosecution of public wrongs the destruction of civil

liberty and of individual security--suppose, that by such means, what to

the deliberate judgment of the Committee of the House of Commons did not

appear to deserve even animadversion, might have been made out before an

Old Bailey Jury to be such evidence of guilt, as to have procured an

adverse verdict--is this the kind of justice which the people of this

country would have approved? Impossible! I cannot believe it: the idea

cannot be for a moment entertained.

But this is not all. We have seen what the Committee of the House of

Commons decided. The Government--the proper, and the only proper agents,

in a prosecution of this kind, upon whom, if sufficient ground existed,

it was a bounden duty to have taken it in hand--seem to have treated the

matter in the same manner as the Committee. All the documents which have

been received in evidence, and some which were offered and were not

received by the Court--that, in short, which forms all the evidence

against the accused at the trial, and more, were in possession of

Government before the last Administration went out (the proceedings

before the Committee alone excepted)--that Administration did not take

up the prosecution. The law-officers of the present Administration have

had them also, and moreover the proceedings before the Committee, one of

the members of which was a leading member of the preceding

Government--they have not taken up the prosecution. A print in the

favour and confidence, as it seems, of the parties to the late

proceedings, has stated, that the actual law-officers of the Government

were consulted and decided against their being undertaken; that again,

when the bill was found by the Grand Jury, the prosecution was offered

to them, but that they declined to be parties to it. These statements

are followed up by remarks upon the apathy and indifference of the

Government, which can only serve to render the testimony borne to the

fact the more unexceptionable, because unwilling; for, otherwise, they

afford only a lamentable specimen of how much mischief is done to a

cause, the sole merit of which must consist in its being one purely of

humanity, by its being used for the purposes of political warfare. This

indeed is to trade with the cause of the slave.

The fact remains unshaken, that neither the Attorney-General of the

present nor of the late Administration has prosecuted by himself or by

others, and therefore the Queen’s name was as much usurped under the

cover of the forms of the Court, as that of the public, whose name is

invoked in support of these proceedings. I will venture to say, that no

one who has really looked into them for himself, and is possessed of all

the facts from the examination before the Committee of the House of

Commons, can think with other feelings than those of shame and

indignation, that they can take place in England--feelings, the more

strong, because such proceedings are pretended to be undertaken in order

to serve a cause with which, if they are identified, they will only

serve to disgrace it. I cannot but believe that all this is felt by the

majority (I know it is felt by very many) of the members of a society,

whose zeal may be imposed upon at times, but the majority of whom must

have that real benevolence of heart and soundness of judgment, which

will make them wish for no other principle of action than that contained

in the well-expressed sentiments of a noble lord--“That a good, however

eminent, should not be attained otherwise than by lawful means[1]:” it

may be added, that by no other can it be permanently attained.

[1] Lord Aberdeen’s Letter to the Lords of the Admiralty, 20th May,

1842.

The Society, to which I am alluding, was not more eager to start or to

adopt the prosecution than the Committee of the House of Commons

disposed to find a ground for its being undertaken, or than the last and

the present Administration; indeed, the Society volunteered a disavowal

of any connexion with the proceedings at their commencement, and did not

express even an approval of them. In this, their organ only represented

faintly the sentiments more strongly and decidedly repeated to myself by

many members of that Society in a tone of unequivocal reprobation, and

viewing the proceedings as calculated only to injure the cause which

they had at heart. That such has been a very generally prevailing

impression is fully attested by the plaintive remarks of the organs of

the prosecution, and the libellous stimulants which, whilst the

proceedings for the trial were in progress, they thought it necessary to

apply. It is, indeed, but too true that a society, proposing to itself

the accomplishment of some great moral and benevolent object, is most

specially bound to confine itself to the use of such means only as are

of as unexceptionable and even as benevolent a character as the end.

Crime is, indeed, a just object of abhorrence; but a society, like the

Anti-Slavery Society, is specially bound to guard themselves against the

danger of encouraging one species of crime in their attempt to put down

another; every one of the means they employ or sanction must be of as

unquestionable purity as the end they profess to aim at: expediency, as

distinct from justice, must be jealously guarded against, apt as it is

to insinuate itself into all human proceedings, and never more subtilely

than under the cloak of zeal in a good, cause: the smallest degree of

evil to be done must stand as an insurmountable barrier to the

accomplishment of the most undoubted good. It is in the power of man to

destroy the very end in view, whilst he thinks he is advancing it; but

he cannot alter the law of Providence, which dooms to certain defeat,

even amidst the tokens of apparent triumph, whomsoever dares to modify

for himself the moral code of the universe: the moment that violent

hands are laid upon it, in order to smooth down a difficulty in the way

of action, the very end itself becomes contaminated. All this is evident

enough, and approves itself to the enlightened conscience. A society, as

a body, taken in the abstract, may be supposed less likely to be led

away by such apparently _short cuts_ when presenting themselves in their

path; but these societies are, in practice, managed by individuals of

whom the least scrupulous are sure to appear as the most zealous and

most efficient--they are the most busy and the most forward--and, hence,

the additional necessity for caution on the part of the more

conscientious, inasmuch as the names of the good are too often the cover

of the deeds of the bad, whose power consists exclusively in the moral

weight attached to the acts which the good are made to appear as having

sanctioned.

It would have been well for the credit of the Anti-Slavery Society,

therefore, if the London Committee had retained the position in which

they placed themselves by their own act of disavowal; instead of which,

after being taunted by one or two prints, which have, pending the

proceedings, used every exertion in their limited power to stimulate the

passions of those whose good sense it was necessary to mislead, the

London Committee have passed and published the following resolution:--

“At a meeting of the Committee of the British and Foreign Anti-Slavery

Society, held at No. 27, New Broad Street, London, on Friday, December

8, 1843, Josiah Forster in the Chair,--The conduct of Sir George

Stephen, in the prosecution of Pedro de Zulueta, Jun., in October

last, being taken into consideration, the following resolution was

unanimously adopted--

“That this Committee feel it to be due alike to Sir George Stephen

himself, and the public interests of justice and humanity, to express

their high sense of his philanthropic and public spirited conduct, in

carrying on, upon his own responsibility, the prosecution of Pedro de

Zulueta, Jun., and another, for slave trading; a course in which the

decision of the Grand Jury, and the declared opinion of the Judge,

have fully sustained him, and by which it may be hoped a salutary

check will be given to the notorious implication of British capital

and commerce in that nefarious traffic.

JOSIAH FORSTER, Chairman.”

Here, after using that description of the charge, which is calculated to

convey a false notion of what was, and could alone, even by the worst

construction and perversion, be imputed, as if the charge had been

dealing in slaves, they express a high sense of the philanthropic and

public spirited conduct of the prosecutor--necessarily including the

inquisitorial proceeding before the Grand Jury--the mode of apprehension

of the accused--the resistance to his being released on even large bail,

and to his having time given him to prepare his defence--the shrinking

from appearing as a witness in public, and stating there what he, the

prosecutor, had been ready to swear before the Grand Jury--the bringing

up of a witness to raise an appearance of the existence of facts, the

very contrary of which had been deposed to before the Committee of the

House of Commons by the leading witness for the prosecution in

Court--all this forms that conduct, which must have been taken into the

consideration of a committee of a benevolent society, and which in

discharge of a duty of both justice and humanity that committee have

pronounced as both philanthropic and public spirited.

The resolution proceeds to state, that in the course adopted by the

prosecutor he has been fully supported by the decision of the Grand Jury

and the declared opinion of the Judge. It is impossible to estimate what

value to attach to the finding of a Grand Jury without knowing upon what

evidence their finding was based. In the present case, one fact is

beyond all dispute, viz. that Sir George Stephen appeared before the

Grand Jury as the first witness, his name standing as such on the back

of the indictment, and that he did not present himself in the

witness-box at the public trial, although in Court from the beginning to

the close of it--from which it results, that the Grand Jury had before

them a witness, giving to them in private, evidence which he did not

think proper to give in public. Must not the inference be permitted,

that the Grand Jury would have thrown out the bill, as the Petty Jury

threw out the indictment, unless some evidence, which was not offered to

the latter, had been given to the former by a witness, and that too,

unfortunately, by a witness who seems to have preferred the secret

inquisitorial form, which still remains in British law, to the open and

public path which was before him, and which is the proper boast of

British justice?

Regarding the support derived from the expressions of Judge Maule, when

applied to by Serjeant Bompas for an order for the payment of the

expenses of the prosecution, it is not for me to speak; but that it does

not extend to a sanction, in point of propriety, to the part taken by

the prosecutor, nor to the manner in which he has discharged it, is very

obvious.

This, however, is not the point to which I wish now to refer. The object

of this publication, and of the preceding and following remarks, is not

any vindication of myself, nor a crimination of the motives of any one

beyond what the statement of facts may carry in itself; my vindication I

consider ample in the exhibition of the facts themselves--in the

verdict of the Jurors, after hearing a trial of two days duration, after

a long and elaborate charge delivered when a clear day had elapsed

subsequent to the defence--a verdict, which was not agreed to without

consideration, which was pronounced by the foreman in the emphatic

manner which the crowded Court witnessed, which was received by the

spectators, consisting of some of the most respectable merchants,

bankers, and professional men of the City of London, who had sat daily

and patient witnesses of the proceedings, in a manner which has been

noticed by the public press, and echoed by the leading journals of

London, of Liverpool, and of other important mercantile cities of

Europe.

The chief object proposed in this publication, and in these

observations, is to place before my brother-merchants, in a connected

form, the whole of the facts, which form my case, or rather the case of

the firm of Zulueta & Co., from the first communication which preceded

my examination before the Committee of the House of Commons, to the

close of the proceedings at the Old Bailey, in order that the merchants

of England may judge for themselves, and reflect upon the position in

which they are placed, as resulting from the principle and doctrines

which the proceedings contained in the following pages have disclosed to

emanate from an Act of Parliament which has been passed these twenty

years, but which has been for the first time tried upon my case. It may

be said, that by merchants in general it is hardly known: we all know

that dealing in slaves is prohibited, under severe penalties, by the law

of England--we know that it is repugnant to the prevailing tone of

education, to the opinions and feelings of our people--we know that, at

all events, as it is carried on and can only be carried on, it is at

variance with the spirit of Christianity, and therefore no man need read

an Act of Parliament to abstain from having any, the slightest, concern

in or with such a traffic; but even if these considerations were not

enough--which England surely will not suffer to be supposed of her own

merchants--even if these considerations did not go to the extent of

precluding British merchants from laying out their capital on slave

adventures, whether for themselves or others’ account, common prudence,

in which respectable merchants in this country cannot be said to be

deficient, does at once warn a man not to trust his funds to the issue

of speculations which afford no security, over which he can exercise no

control--so much so, that it is hardly possible to conceive in what

shape, looking at all like business, British capital could be lent for

the purpose or on the security of a slave trade adventure. All this has

contributed to maintain merchants in utter ignorance of the provisions

of this Act of Parliament, or of the use which might be made of its

legal phraseology: but now, when a merchant, not at all suspected by his

fellows--for that is on record--has been, to the astonishment of every

one, dragged from his office to the police-station, and to the Old

Bailey dock (more especially when this is done in spite of the

resolution of the House of Commons’ Committee, in spite of the opinion

of the law officers of the Crown) by a London attorney, it is time to

look at the exposition of the law and the practical application of its

provisions, which so extraordinary a proceeding has elicited; the more

so, as it has been stated that “higher game is in view,” and that the

prosecutor is still occupied in analysing the evidence given before the

Committee; and when the Anti-Slavery Committee adopt and publish a

resolution, in which it is stated, in reference to the late prosecution,

that by it “it may be hoped a salutary check will be given to the

_notorious_ implication of British capital and commerce in that

nefarious traffic, the slave trade.” At any other time the absolute

folly of the assertion would have suffered it to remain unnoticed;

experience has shown, however, that there is somewhere the means, and

that the will does exist, of doing mischief to an appalling degree.

As explaining the practical operation of the law, then, I shall look

upon the summing up of the learned Judge, not with a critical eye, in

order to decide whether the law has been well or ill administered--this

is the province of a professional man, into which it would be

preposterous for me to enter. Upon the propriety or impropriety of the

Judge’s acts and opinions, or even of his exposition of the law and its

requirements, I must be understood as maintaining a complete reserve.

For the present purpose, and for every practical purpose that can affect

others, the law must be taken as laid down by his Lordship. As to its

meaning, the evidence which is required under the Act to bring an

individual to trial, the degree of evidence which will send a case to

the Jury, that upon which a case in answer shall be demanded of the

accused--until it is otherwise declared by competent authority--until

then, those who really wish to obey the law must look upon the late

administration of it as that which is to be expected, and the extent and

applicability of the Act of Parliament to be that which is exhibited in

the late proceedings.

The first consideration which presents itself is the nature and

definition of the offence. In the outset of his summing up, the learned

Judge stating the nature of the charge, alluding to the vessel which the

prisoner is alleged to have employed, lays down, “that it was not

necessary to be proved that the ship in question (the Augusta) was

intended to be used for the conveyance of slaves from the coast of

Africa. If there was a slave adventure--if there was an adventure, of

which the object was that slaves should be brought from the coast of

Africa, that there should be slave trading there--and if this vessel was

dispatched and employed for the purpose of accomplishing that object,

although it was intended to accomplish that object otherwise than by

bringing home the slaves in that vessel--that is within the Act of

Parliament. So, if the goods were loaded for the purpose of

accomplishing the slave trade ... the crime charged in this indictment

would be committed, the allegations in the indictment would be

supported, and the prohibition of the Act of Parliament would be

violated.”

Such is the nature of the offence. If there is a slave adventure in the

port of destination of the vessel and goods which you dispatch, for the

purpose of accomplishing which they may be said to have been intended,

the prohibition is violated; but as, in the case of the vessel and the

goods in question, no attempt was even made to prove the existence of

any such adventure, but only a general slaving character of the port of

destination, it follows that not even the existence of such particular

slave adventure is necessary to be proved in order to support an

indictment under the Act, but it is enough if a general slaving

character of the trade at the port of destination is proved, in order to

lay the ground of an indictment. Let this general slave trading

character be discovered by any one of a port in Africa, to which you may

have sent goods--and of course, if a port not in Africa is (as may very

well be) largely concerned in the trade, the case is not very much

altered--and you stand open to a charge under the Act, for the crime has

been committed. It is as when a man is found murdered in the street--the

crime has been committed--the only thing is to find out the criminal.

How this is done under the Act of Parliament on the slave trade is the

next thing to be seen.

“The employment, the dispatch of the vessel,” says the learned Judge,

“is no conclusive proof of the guilt, till going further, and showing

that the party doing so did it for the illegal purpose charged.” But

then, for the purpose of beginning the inquiry, without which there

would have been no beginning of it, the foundation must be laid in the

employment of the vessel by the person accused. If slave trading is

intended, and the vessel be sent for the purpose, the important

consideration then is, whether the person employing the vessel is

cognizant of the intention. We have seen the large meaning of the terms

slave trading. It is not like wine trade--dealing in wine: it is not

dealing in slaves, but dealing in Manchester and Birmingham goods,

adapted and purposely manufactured for the African markets, so long as

it is found that slave traders, that is, as heretofore the term has been

understood, dealers in slaves--resort to the port for which they are

shipped. Of course the crime having been committed by some one, that is,

by the person who intended that slave traders should use them for slave

purposes--and no other will be supposed as possible--the existence of

the law punishing such an intention demands that an inquiry should be

made. For this purpose the commission-agent in England, who employed the

vessel, must be laid hold of--not that in that one act there is a

conclusive proof of guilt, until it be further shown that he was

cognizant of and intended the illegal object, but because an inquiry is

imperative under the Act. With whom the right and duty of making it

rests it matters not--any one that may be so disposed from a

philanthropic and public-spirited motive. It is not enough that a

Parliamentary inquiry has been made already--it is not enough that the

law-officers of the Crown see no reason to institute a further

inquiry--it matters not, if the case has been lying in all its details

before the public, the ends of public justice are never satisfied until

the so-called inquiry takes the shape of a bill before the Grand

Jury--_the inquisition_ of the country. There certain depositions are

secretly made upon oath, which you shall never see; and upon this _mild_

and _fair_ procedure you will have your very life, and the life of every

one dear to you placed in jeopardy, for I believe that there is nothing

in the mercantile profession which is likely to prepare a man, and a

man’s family, for his being treated as a felon. It is indeed true, that

in the evidence before the Committee of the House of Commons merchants

are treated by some of the witnesses in a tone and manner becoming only

those times in which merchants were tolerated for the sake of the money

that might be extorted from them, but otherwise were considered as a

caste whose instinct was money-making by all means, right or wrong, and

against whom every crime might be presumed; but, whatever may be in the

heart of some, and whatever may rise to their lips, against a profession

which England honours and distinguishes, a distinct avowal dare not be

made such as will justify the insinuation that there is absolutely

nothing in carrying a merchant, considered respectable, from his private

office to a felon’s den, without his knowing his accuser, or upon what

he is charged, which ought to shake his mind or that of his family.

But, then, unless you are proved to have been cognizant of the intended

purpose, you will be acquitted. The nature of the offence has been

explained and laid down to embrace a very wide compass. If there existed

a slave adventure at the port of destination of a vessel, to accomplish

which that vessel carried goods, the offence has been committed. The

penalty, to whomsoever committed it, is by the Act only short of the

greatest imposed by the law. You employed the vessel--this is not

conclusive of guilt, until it is shown further that there was slave

trading intended, and that you were cognizant of the intention. Let us

see how both things are to be proved and brought home to you. Heretofore

the way between your office and the Old Bailey is one which there is no

merchant, trading with countries wherein the slave trade is allowed to

exist, may not be dragged through without risk or responsibility by any

ruffian in London. Now, perhaps, though not exactly at the earliest

stage that may be desirable for the safety of the innocent and the

repose of honourable families--still now, perhaps, the requirements of

the law in regard to proof are commensurate with the facility afforded

on the outset, and with the terrible penalty which follows a conviction.

The Judge proceeds upon this part of the evidence as follows: “It

appears from the evidence, that the Gallinas is a place described by

some witnesses of great experience--two captains in the navy, and

Colonel Nichol, who was the governor of a district in the neighbourhood”

(about 1,500 miles from it, see his evidence), “whose employment was

mainly to watch the slave coast, of which the Gallinas forms a part, and

to contribute to the putting down the slave trade--that the Gallinas is

a place of slave trading, and of no other trade at all.” His Lordship

continues as follows: “It is said, and I think with great probability,

that the Gallinas is not generally known as a slave trading place, in

fact, it seems very little known at all; it seems to be a place where

any other description of felons may resort to concert their schemes and

hide their stolen goods, and which, of course, they do not make public,

and which is not likely to be known by honest and true people. Except

those employed as police or otherwise in aid of justice, as these

captains were, of course it would not be spoken of at all. There might

be slave traders in London knowing it very well, but they would be

perfectly silent probably, and hardly mention it by name even in

speaking one to another. It is very probable, therefore, that the place

was not very well known; that when these persons spoke of the Gallinas,

they might say the Gallinas on the coast of Africa; and a person might

be very conversant with the geography of Africa in an honest way, who

had not been active in putting down the slave trade, and yet might not

know where it was, except that it was on the coast of Africa.”

It is impossible more correctly to state, in stronger language, or more

clearly, the possibility of the place of destination of a vessel being

a slave trading place, and that exclusively, without in the least

diminishing the great probability of its being unknown to the party in

England who ships goods for that place as a commission-agent, by order

and for account of somebody else abroad. Thus, the great probability of

my statement before the Committee of the House of Commons of the

ignorance of the character of the trade carried on at Gallinas was

completely vouched for, and the observation, that those who knew were

not likely to tell, and not likely to as much as name the place, was

forcible in my favour, since the house had entered and cleared the

Augusta _for Gallinas_, and not for _Africa_, as ships with destinations

for the West Coast are generally dispatched, and as the Augusta might

most certainly have been, had the house even suspected an improper

object which required concealment. It is singular that, in the

explanations prepared for instructing counsel, the case is stated in

nearly the same terms as to the ignorance of the character of the place,

as those used by Judge Maule. Merchants easily understand this, because

it is the case more or less with every one. In shipping goods by foreign

order and for foreign account to distant ports in all parts of the

world, with which there is hardly any communication, and with which the

shipper himself has none, and need not have any for the purpose of such

a transaction, it most frequently happens, that the nature of the trade

carried on at that particular port is very imperfectly or rather not at

all known. In the multitude and the rapidity of operations which must be

disposed of almost without thinking, the inquiry (not being either

interesting or profitable, and of course quite unnecessary) is not made,

or indeed as much as thought of, especially when heretofore, I believe,

it will be acknowledged that it has not been considered that the nature

of the trade carried on at any place could involve the mere shipper,

without a connexion or any interest in that place, in the slightest

responsibility.

But what follows? The character of the place is thus settled: “That it

is itself a slave trading place appears to be very evident from the case

on the part of the prosecution. Probably those honest persons, those

honestly dealing persons, who know best about it, are those who have

been called upon by their public duty to ascertain it. Such persons have

been called, and they give it this character and description, and they

state that it is distinguished from other parts of the coast of Africa;

for on other parts of that coast, it is said, slaves are sold as one

article of export, but that other things, such as palm-oil--I believe

that is the principal thing--and ivory, and wood, and other things, are

sold in immense quantities on the coast of Africa; but that that is not

the case at the Gallinas. They might be carrying out goods to other

parts of Africa, intending to bring home palm-oil, or slaves, as might

be most profitable; they might intend to bring home an honest commodity,

and not have to do with this dishonest and perilous commodity; but it

appears difficult to conceive what a person, carrying a cargo of goods

to the Gallinas, could intend to do with it, unless he intended to have

those goods employed in the slave trade. The prisoner might say they

were to be employed by others in the slave trade; that would be plain

and simple: it is wrong, but it is a plain and simple account of that

which was intended to be done. It is a place, as it appears, without any

trade; and if there be an obvious plain interest in a person carrying

goods to that place, it appears to me that it may be taken that they

were for the purpose of the slave trade. If that be the plain and

obvious inference, it appears to me that might be the inference very

properly drawn by Colonel Nichol, that this was a slave adventure,

unless the contrary were proved.” Here the character of the place seems

the only point upon which the observations of the learned Judge bear;

and that character having been laid down as very probably indeed unknown

to any one but the dealer in slaves, and the police employed against

them, they do not seem to touch the prisoner. But at the same time an

answer is suggested which the prisoner might give about what was

intended, thus seeming to imply, that he ought to be furnished with

evidence in answer, capable of accounting for what was intended, without

which the full weight of an inference by one of the witnesses must

remain, so far attaching to him the knowledge that he must necessarily

be supposed to entertain of what was intended by others. I had said

before the Committee, in the evidence read in Court, that the house knew

nothing of what was to be done with the goods. Therefore, this not being

admitted, it seems to follow that the law, as laid down by Judge Maule,

requires some plain and simple account of what was intended to be done

with the goods from the commission-agent in England who ships them by

order and for account of a merchant residing abroad. It had before been

laid down, that to ship the goods for slave trade purposes is an offence

under the Act, if the shipper was cognizant of the intent: it is now

said, that the port is an exclusively slave trading port, and it is not

suggested that this was probably unknown, as it had before been said, to

any but the dealer in slaves and the police employed against them, nor

any account taken of the statement of the accused before the House of

Commons, which had been read in Court, disclaiming the very possibility,

as a mere shipping-agent, of any knowledge of what was to be done with

the goods: the only answer suggested is one which may give a plain and

simple account of what the merchant abroad intended to do with the goods

at such a port. It seems to follow, therefore, that the mere

shipping-agent in England is bound by the Act to be provided with such

an account; and if he does not give it, the inference, to be drawn as to

the object of the shipment from the character of the port, will not

only attach to the adventure, but will cut deeper, since if you are

bound to have and to produce a knowledge, and you do not produce it, it

seems that the account is to be held not to be producible.

The notion that the Act of Parliament must be understood, not only as

punishing a proved guilty knowledge, but as demanding from the accused

party proof of an innocent knowledge of the plans and objects of a

foreign merchant residing abroad, in respect of a transaction, in which

the former has had no other share than that of a simple shipping agency

in England, by order and for account of the latter, pervades the whole

of the proceedings, and shows itself more clearly in the remarks that

follow. “It is possible,” continues the Judge, “that this might be an

adventure, not slave trading; if so, nothing can be more simple than to

prove it: Martinez & Co. might prove that it is an honest adventure. If

it was a dishonest adventure, it could not be expected that Martinez &

Co. should be called to give evidence at all; but if it were an innocent

adventure, it would be very easy for them to be called. It is true that

persons are to be convicted, not by evidence they did not produce, but

by evidence produced against them--not on suspicion, but on conviction;

but where such evidence is offered of the trade being slave trading, as

is offered here, namely, that the vessel was loaded with goods” (in

itself, as the learned Judge had formerly stated, not conclusive of

guilt)--“that a cargo of goods was dispatched” (to which the same former

observation applies) “to a place, where slave trading is the only known

object for which vessels _ever_ go” (known to slave traders and the

police employed against them, as was also aptly remarked by his

Lordship; although one of these, Captain Denman, seems to have known of

800 tons, according to his evidence (see p. 329); and upwards of 1,000

tons, according to his official dispatch to the Governor of Sierra

Leone, dated 12th December, 1840[2], as having been landed at Gallinas,

without being able to say that the object was slave trading)--“a

slave-mart and nothing but a slave-mart--you have a case, though it is

an answerable case; but if the answer, which if it exist could be easily

given, is not given, it may very fairly be inferred that the vessel was

proceeding on a slaving voyage, a voyage either for the purpose of

bringing home slaves, or of landing those goods for the purchase of

slaves.”

[2] Vide “Report. West Coast of Africa. Part II, Appendix,” &c. p.

460.

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. · 第 17 / 88 题