MEMBERS PRESENT.

Sir T. D. Acland.

Mr. Aldam.

Viscount Courtenay.

Captain Fitzroy.

Mr. W. Hamilton.

VISCOUNT SANDON, in the chair.

Captain _Henry Worsley Hill_, called in; and further Examined.

7958*. _Chairman._] Have you something which you wish to add to your

evidence on the case of the Augusta?--Yes; I wish to state, with respect

to my detaining the Augusta, the grounds on which the seizure was made,

as far as my memory will admit of my going, and I feel myself at liberty

to disclose to the Committee. On going on board the Augusta, amongst the

letters and papers that were seized by me, I found a letter, dated

“London, 20th August 1840.” This letter is a reply to a letter written

by Captain Jennings from Portsmouth, stating, “We cannot exceed 500_l._

for the vessel in question, such as described in your letter; if you

cannot, therefore, succeed at those limits, we must give up the

purchase.” This letter is signed Zulueta & Co. By this letter, it

certainly appears to me that the vessel was purchased by Zulueta &, Co.,

or intended to be purchased by that firm. The next letter is dated

“London, 26th of September 1840,” addressed to Captain Thomas Jennings,

Portsmouth; the signature of this letter was cut out on my finding it.

It acknowledged the receipt of Captain Jenning’s letter of the following

day, observing “that the sum remitted would not be sufficient to cover

the expenses, to clear the ship, and requesting that Captain Jennings

would write the next day, stating the sum that was necessary, that it

might be forwarded to him by the post of Monday night, to enable the

ship to sail for Liverpool on Tuesday or Wednesday at furthest.” The

signature cut out. But there is a note to the letter: “According to our

Liverpool mode, note, you will go on shore to the Salt House Dock.” The

next paper I would allude to, is the charter-party of the vessel, dated

London, 19th October 1840, wherein it is mutually agreed, between Mr.

Thomas Jennings, master and owner of the good ship or vessel called the

Augusta, and Messrs. Pedro Martinez & Co. of Havannah, that the ship

shall load from the factories of the said Messrs. Pedro Martinez & Co. a

cargo of legal goods, and shall proceed therewith to Gallinas, on the

coast of Africa, and there deliver the same; after which she may be sent

on any legal voyage between the West Indies, England, Africa, or the

United States, according to the directions of the charterer’s agents.

The freight to be paid on unloading and right delivery of the cargo, at

the rate of 100_l._ sterling per calendar month. The necessary cash for

the ship’s disbursements to be furnished to the captain free of

commission; the captain being indebted to the charterers in certain

sums, as per acknowledgment elsewhere. The freight earned by the vessel

to be held as general lien for such sums.” This is signed Thomas

Jennings, for Messrs. Pedro Martinez & Co. of Havannah, Zulueta & Co.

7959*. Jennings is the owner of the vessels?--Yes.

7960*. And Zulueta appears as the agent to Messrs. Pedro Martinez & Co.,

chartering Jenning’s vessel for certain purposes?--Yes; by the extract

from the first letter it appears that Zulueta bought the vessel; by the

second letter he pays the expenses of the vessel; but the charter-party

is made out by Thomas Jennings, as the owner of the vessel.

7961*. Sir _T. D. Acland_.] Then Zulueta acts as agent for Messrs. Pedro

Martinez & Co.?--Yes; the next paper, I will read the extract from is

marked “Additional Memorandum of Charter-party;” which commences, “I

Thomas Jennings, captain and owner of the ship Augusta, declare I have

received from Messrs. Pedro Martinez & Co. of this city, 1,100_l._

sterling, for the disbursements of the said ship, the fitting out and

provisions, which I engage myself to repay, with the earnings of the

same, namely, all the earnings of the ship, will be accounted for and

applied to the said Messrs. Pedro Martinez & Co., they furnishing the

cash for all expenses, crew’s wages (including 15_l._ per month for my

salary as captain). At any time when the said gentlemen may think proper

to close the charter-party, I will deliver to them, or their

representative, a bill of sale for the said ship, and all her

appurtenances, to cover the balance due to them in the said account.” It

states, that Mr. Thomas Jennings is no way responsible for the

settlement of the above-mentioned debt, but with the said ship and her

earnings, and that Messrs. Pedro Martinez & Co. will take on themselves

the insurance and risk on the vessel. This paper is dated London, 21st

October, 1840, and signed “Thomas Jennings.” The next paper is the bill

of lading, which states the cargo to be shipped by Thomas Jennings, of

Liverpool, in the Augusta, lying in the port of Liverpool and bound to

Gallinas: 20 hogsheads of tobacco, 60 cases of arms, one case of

looking-glasses, 10 casks copper ware, 134 bales of merchandize, 1,600

iron pots, 2,370 kegs of gunpowder, to be delivered at Gallinas to Don

Alvarez, Don Angel Ximenez, and Don Jose Perez Rolla. This is dated

Liverpool, 10th November 1840. The vessel had no register, but a sailing

licence from the Commissioners of Her Majesty’s Customs, wherein Thomas

Jennings, of No. 2, James-street, Limehouse, is represented to be the

owner, and that the vessel is to be employed in foreign trade. There is

also an account current between Messrs. Zulueta with Thomas Jennings,

master of the Augusta, amounting to 339_l._ 16_s._ 9_d._, the chief part

of which is for the disbursements of the vessel. I further state to the

Committee, that ten letters were found on board this vessel, dated

Cadiz, and addressed to three notorious slave merchants at Gallinas: in

one of these letters, addressed to Señor Ignacio Perez Rolla, at

Gallinas, dated Cadiz, 30th November 1840, is a paragraph to the

following effect: “In a letter, dated London the 21st instant, which I

have just received from Messrs. Zulueta & Co., merchants, in London, I

had the pleasure of receiving a bill drawn by you on them for 250_l._,

which I this day place to their credit, waiting your advice of the

same.” This letter is signed “M.” but no name. The other letters were

all on slave business; not a word of any innocent trade, but the whole

directing how slaves were to be shipped on board various vessels.

7962*. Who were they signed by?--All signed in the same way.

7963*. Signed “M.”?--Yes, and to the best of my recollection, every

vessel to which they referred was captured by Captain Denman and myself.

7964*. Where were these letters dated from?--From Cadiz; the Vanguardia

was captured by Captain Denman; the Uracca by myself, the Diana also;

the other vessel referred to in the letters is the Gabriel, which vessel

fired upon the boats of Her Majesty’s vessel Termagant, killing three or

four of her crew, and has been since captured by the Acorn, Captain

Adams. Therefore these letters at once show that the three persons to

whom they were addressed, residing at Gallinas, and who were the parties

to whom the Augusta was consigned, were most extensively engaged in

slave dealing. No other letters were found on board the Augusta but

those that related to slave dealing.

7965*. The Augusta had touched at Cadiz on her way out from

England?--Yes, and landed part of her cargo at Cadiz, although it was

consigned to be delivered at Gallinas.

7966*. What are the inferences that you draw from these papers?--That

Zulueta, by the letter of the 20th of August, 1840, advanced the money

for the purchase of the vessel; that by the letter of the 26th of

September, that Zulueta advanced the money to defray her expenses and

fitting out, necessary before she proceeded to sea; that Mr. Jennings

was put in as the owner, when in fact he was not the owner; that Zulueta

was perfectly aware of this, and that he chartered the vessel to carry a

cargo on behalf of Messrs. Pedro Martinez & Co. of Havannah, a notorious

slave dealer, which cargo was to be delivered to three notorious slave

dealers at the Gallinas; that afterwards these notorious slave dealers

at Gallinas were to have the direction of the vessel for the future

proceedings; and, moreover, that at any time Messrs. Martinez, or their

agents, thought proper to close the charter party, the vessel was to be

given up to their agents, by which means, a ship bearing English colours

was certainly employed by notorious slave dealers; she was to be

directed in her voyage by slave dealers; and she was, at any time these

notorious slave dealers thought proper to name, to be given up to them

entirely. This transaction, with the purchase of the vessel, and a

person put in as the nominal owner who was not the owner, cannot but

stamp a character that the vessel was engaged, with the knowledge of

Zulueta, in some trade that they were desirous should not be discovered.

7967*. Mr. _Forster_.] Inform the Committee in what way you connect

Messrs. Zulueta & Co. illegally with any improper transaction there, or

what part of the transaction which you have detailed it was not

competent for foreign merchants to perform as agents in this country;

mention which part they were not bound to perform, provided they

received instructions from their agents at Havannah to do it, having

money in their hands to make a purchase of the vessel and ship the

goods?--Messrs. Zulueta must be aware that it is contrary to law to act

as agents, or otherwise, for the shipment of goods that are to be

employed in the slave trade; they were bound to do no thing illegal;

they are merchants residing in England, and they must conform themselves

to the laws of England, and they cannot, by the laws of England, plead

ignorance of those laws.

7968*. _Chairman._] You conceive it would be unlawful for an agent in

this country to ship goods to be employed in the slave trade?--Yes.

7969*. Mr. _Forster_.] How is a merchant acting in this country in

pursuance of orders from his correspondent abroad to know what that

correspondent means to do with the goods which he purchases on his

account and ships at Liverpool?--In this case I think it is plain that

Messrs. Zulueta entered into a scheme for chartering and purchasing a

vessel, and putting in an owner, and establishing a British character to

a vessel that he could not be ignorant was to be engaged in the slave

trade, or in some trade which, for reasons that Messrs. Martinez may

have, that they wished to keep in the back ground, and that secrecy

alone ought to have called from Messrs. Zulueta a degree of vigilance,

and more particularly a vessel being bound to a place on the coast of

Africa, where, if they had taken the slightest trouble in the world,

they must have known there were no constituted authorities or

custom-house officers, or any persons of an European nation who could

ascertain if she was engaged in legal trade.

7970*. Then, in fact, you think it is imperative on the English

merchant, before he executes the orders of his foreign correspondent, in

any matter relating to the trade between Brazils, Cuba, and the coast of

Africa, to send out and inquire the character of the party with whom the

transaction is connected on the coast of Africa?--I have stated nothing

of the sort; but I have endeavoured to be particular in making it appear

that this vessel was chartered to a place where there were no

constituted authorities. A vessel to be chartered to the Brazils or

Cuba, or any country where authorities existed in the colony of a

recognized nation, would materially alter the position of Messrs.

Zulueta; but Messrs. Zulueta, as I before stated, residing in England,

it became the duty of that house to be guarded that they did not break

the laws.

7971*. Do you speak of this as a matter of prudence and taste on the

part of Zulueta & Co., or as an act of criminality?--As far as I am able

to give my own opinion, I believe that Messrs. Zulueta were perfectly

criminal; at least they had a perfect knowledge of what they were doing.

I think I am borne out in that by the secrecy they have endeavoured to

purchase, and putting in a false owner. Messrs. Zulueta have been for a

number of years agents to the notorious Pedro Blanco; they have also

before this purchased and sent out to the Havannah a notorious slave

vessel called the Arrogante, which circumstance was represented by Mr.

Tolme, Her Majesty’s consul at the Havannah, to the English Government,

and is also in the printed correspondence laid before parliament, either

for the year 1839 or 1840. In fact, there can be no want of evidence to

show that Messrs. Zulueta had for a length of time been agents to slave

dealers; and I think it is impossible that any merchant can be an agent

and ship cargoes of goods without ascertaining some knowledge of the

party for whom they are shipped.

7972*. in the first place, you assume that it was illegal for Messrs.

Zulueta & Co. to ship these goods to Alvarez at the Gallinas; are you

quite sure that that is not a gratuitous assumption of law on your

part?--I am speaking from my own belief; I cannot say what the law is,

but I am speaking from my own belief, and the inferences I can draw from

the vessel’s papers. I think the papers are quite conclusive to the mind

of any man that Zulueta was cognizant of what he was doing; but as far

as it is an illegal transaction it is not for me to judge, but the judge

of the Vice-Admiralty Court of Sierra Leone did think it illegal, and

condemned the vessel; and, moreover, the man who is put forward as

captain and owner did not defend the vessel on her trial.

7973*. Are you quite sure he had the means to do so?--He cannot plead as

an excuse that he had not the means, for the owner of a vessel in a

British port, with a cargo worth between 4,000_l._ and 5,000_l._, I

think, could always manage to raise 30_l._ or 40_l._ for the defence of

his vessel.

7974*. Was that cargo in his possession, or was it under seizure at the

time you speak of?--The vessel and all was seized by me, but still there

was the captain and the owner present, and nothing was touched until the

condemnation took place.

7975*. How could he offer security and raise money on a seized ship and

cargo?--To say how he is to do so is not for me; I am not a mercantile

man, but I only observe, that it is most extraordinary that the owner of

a ship, with a cargo on board, cannot, in a British port, raise 50_l._

for the defence of that vessel.

7976*. But how can you affect any wonder on that subject, when you

yourself admit that you do not know how he was to do it?--I have already

stated that I am no mercantile man, and to say how these things are

done, I cannot.

MINUTES OF EVIDENCE

TAKEN BEFORE

THE SELECT COMMITTEE ON WEST COAST OF AFRICA.

_Mercurii, 22º die Junii, 1842._

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 33 / 88 题