MEMBERS PRESENT.

Sir T. D. Acland.

Mr. Aldam.

Viscount Courtenay.

Viscount Ebrington.

Captain Fitzroy.

Mr. Forster.

Mr. Milnes.

Mr. Wilson Patten.

Mr. G. W. Wood.

VISCOUNT SANDON, in the chair.

_Pedro de Zulueta_, jun. Esq. called in; and further examined.

10464. _Chairman._] The Committee understand that you have some further

observations to make upon the evidence which has been given with

reference to your house?--With reference to the destination of the

Augusta, from Liverpool to Gallinas, and the fact of its having put into

Cadiz unforeseen, and unpremeditated altogether, in consequence of

stress of weather, I omitted to mention a circumstance which will put

the thing beyond doubt, and it is this: an insurance was made at

Lloyd’s, from Liverpool to the Gallinas, and it is well known that, of

course, we should have forfeited the insurance by going to any other

port except from the peril of the sea, and the British consul at Cadiz

is well aware of the circumstance, because he is Lloyd’s agent there;

and therefore he had to interfere in the whole proceeding; without his

sanction nothing could have been done. We have called upon the

underwriters upon that account, and it has been paid, and which would

not have been paid without its being proved. I stated yesterday that the

transactions of my house with Pedro Martinez & Co. of the Havannah, with

Blanco & Carvalho of the Havannah, and with Pedro Martinez of Cadiz, had

amounted in the 20 years to 100,000_l._ I was afraid of overrating the

amount; but on reference to the books of the house, I find that our

transactions with them in 20 years have amounted to 400,000_l._ out of

which the 22,000_l._ that was mentioned is the whole amount of goods

that have been shipped by their order for the coast of Africa.

10465. Can you state how much of the 22,000_l._ has accrued within any

given period; is it distributed equally over the whole 20 years, or has

it grown up in the last four or five years?--In the last few years it

has decreased, but otherwise it is spread over the whole number of

years. In such a length of time it forms to our minds a mere speck. In

the last six months our transactions with the house of Pedro Martinez of

Cadiz amount to already 30,000_l._, and with Pedro Martinez of the

Havannah to nearly the same amount. With the house of Pedro Blanco & Co.

of the Havannah, the amount has been 15,000_l._ for what has passed in

the last six months, and with the houses generally at Cuba, throughout

the island, it amounts to 100,000_l._ altogether, arising entirely from

cargoes of sugar, and from tobacco, and remittances of bills from there

in carrying on banking operations, upon which they draw again, which are

negotiated in the Havannah and sent to houses in London to cash, and

remittances of drafts on the Spanish treasury at the Havannah, and bills

of lading of specie and bullion, and such things, from Mexico. I state

these things only to show the nature of our trade, and I have been

particular, because as these are large amounts I wish to show what they

arise from. Another fact escaped my attention yesterday, and it is this,

that Don Pedro Martinez is owner of several large vessels of 300 tons

and 400 tons, which are in the trade of sugar, tobacco, and such things,

with us, in England and with Cadiz.

10466. Have you bought other vessels for him than those which have been

employed in the slave trade?--Yes, decidedly so; there was the Star,

Captain Jennings. That vessel was sent from here to the Gallinas,

precisely the same as the Augusta has been sent. She delivered her

cargo; she went from thence to Cape Coast, I believe, and from there to

Madeira; she received a cargo of wheat; she came back to Spain, and she

was sold at Liverpool to a third party, not Martinez, or any body

connected with him; in fact, she was sold for very little. The object of

that vessel was just the same as the Augusta, to maintain a legal trade

with Gallinas; that is, within my own knowledge.

10467. Mr. _Aldam_.] What is the description of legal trade that was

carried on?--Sending out goods to be sold at those places, and to go to

other ports, not to carry any cargo from there to the Havannah.

10468. There has been a good deal of evidence, in which it has been

stated that no legal trade is carried on with Gallinas?--I could not say

what trade there is at the Gallinas of a legal nature, but I know that

those vessels would have taken nothing if there was nothing legal to

take, from that place to the Havannah, or to any other place; I am aware

that my answers upon this point must be deficient, because I am really

very ignorant of the trade of the West Coast of Africa.

10469. Do you suppose that the vessels would be used to carry on a legal

trade?--Most certainly I do; because persons find it worth while to send

goods there constantly. The Committee will observe, that what the

application of the goods is afterwards I cannot say, but I speak of the

fact of the vessels having gone there with the intention of returning to

the Havannah to bring a cargo of some description here, to pay a

freight, and then to go again with the same kind of goods to Africa.

10470. _Chairman._] You have stated before, that you have cleared out

for the Gallinas from Liverpool?--Yes.

10471. In carrying on operations of that kind, should you have ever

thought it necessary to exercise any disguise as to what part of Africa

you were clearing out for?--Not at all.

10472. You did not imagine, that in being the instrument of sending

lawful goods to any part of Africa you were doing any thing which

required concealment?--Nothing at all of the kind; and the proof of

that is, that in the bills of entry in Liverpool any body could see our

names as consignees of the vessel, and see entries made in our names of

every thing.

10473. Is not there a document officially published daily in London and

at Liverpool, stating the daily entries at the Custom-house of all goods

shipped, with the description of the goods, and the name of the port and

of the shipper?--Yes, there is.

10474. Is not this printed from time to time in the public papers?--It

is in general circulation; there is hardly any merchant in Liverpool or

in London who is not possessed of one. The Liverpool entries are

reprinted in London, Liverpool being such an important place of

business. The bill printed in London contains also Liverpool, Hull, and

Bristol.

10475. So that every such transaction is perfectly notorious to every

one?--Notorious to every one who chooses to read the public papers.

There is another thing which escaped me till I came into the room this

morning. As I have been in the business from my childhood, I know every

thing that is going on in it. The Arrogante, after we sold her at the

Havannah, was sent to Vera Cruz with a cargo of Spanish paper, spirits,

raisins, &c. &c., such as is sent for the South American trade, for the

purpose of breaking the blockade of Vera Cruz, which she did break and

went in. It was asked in question 7147, whether the Augusta was equipped

for the slave trade the second time; the answer was, “She was not.” I

wish to state, that before any goods were put on board of her, it was

our express wish and order that every thing in her that was fit for that

trade should be taken down, and the vessel put in the same condition as

any other merchant vessel; and we should not have loaded any thing in

her if that had not been done. It is stated in the evidence that the

Augusta was consigned to three notorious slave dealers; now we had never

in our lives heard of the name of any one of the parties to whom she was

consigned.

10476. You mean that the first time you heard their names was when the

order to ship those goods was given to you?--Yes, and the circumstance

of three consignees is a regular thing with distant consignments, such

as South America and Africa. There is such an uncertainty attending the

residence of parties in those places, that we invariably put a second

and a third consignee in addition, in case the first should not be in

the way.

10477. Mr. _Forster_.] Some bills were referred to in your former

evidence drawn by Mr. Pedro Blanco upon your house; have you any

objection to put those bills before the Committee?--Not any. And I ought

to state now, as I have been looking at the bills more closely, that

they are not all drawn to the orders of Sierra Leone houses, but to the

orders of other Spaniards, and those people endorsed them to the Sierra

Leone houses. This does not alter the case materially, but for the sake

of accuracy I mention it.

10478. You will put them in for the inspection of the

Committee?--Certainly.--(_The same were delivered in._)

10479. You only hesitated in giving the names yesterday from motives of

delicacy, not from any motive of concealment?--Yes, I do not wish to

withhold any thing, but I am indisposed to introduce any name. I have no

wish to conceal any thing whatever. I have been consulting with my

partners upon this subject, and I have a request to make to the

Committee. Our position is one which is certainly an unpleasant one. I

think that what I have stated will have proved to the satisfaction of

the Committee that we have not in any way intended to elude the law. Now

our situation is this, with reference to any future transactions we have

no valid reason to give our correspondents for not executing an order.

The Committee will have to make their report, and several gentlemen have

given their opinions as to how the law is to be altered. I, for my part,

am not competent to give any advice upon the subject, but I would only

wish that whatever law is made, it should be clear and distinct as to

what a man might to do, and what he is not to do. The trade that we have

carried on with the Gallinas, at least the shipments we have made, are

perfectly unimportant to us in itself, as is evident from the amount;

but at the same time, with regard to the correspondents that we have

accounts with, we are placed in this dilemma, that we must refuse

fulfilling their orders without giving them any valid reason, unless we

should be able to say, Sir, we cannot fulfil your order because the law

of this country prohibits that we should ship any goods that are liable

to be applied to that purpose, to persons who may at any time have had

any dealings, or are suspected of having had any dealings of that

description. To us it is indifferent which way the legislation turns

upon this subject, so long as we know what it is. But supposing it legal

for a man to ship goods to a port, are you then to be liable to have the

vessels captured, and what to us is worst of all, to be brought into a

kind of notoriety as being engaged in slave dealing, which is

exceedingly unpleasant to our feelings. That is a consideration which I

hope the Committee will look to.

10480. You wish that the law should be made clear for your guidance, to

enable you to understand what course you are to pursue with your

correspondents?--Yes, in what I have to do with them. I do not mean to

say that if a man ships goods knowingly to slave dealers, for the

purpose of being exchanged for slaves, I do not mean to say that the law

does not reach him now. My own impression is, that it might do so; at

all events the morality of the thing would be very questionable; but we

want something more than that; that is not enough. Here is my case,

which, if true, proves that we have not done any such thing, and yet we

are liable to all this unpleasantness.

10481. You want something also to plead with your correspondents, as a

reason for not complying with any order they may send?--Exactly.

10482. You feel that at the present moment the law is in an

unsatisfactory state, that doubts have been raised upon the subject,

which as merchants you are desirous of seeing quieted by some

declaration, one way or another?--I do; for instance, I may on going

home find an order; and I assure the Committee that after all that has

occurred, after all this unpleasantness upon the subject, I should be in

an awkward position. I might have to throw up my correspondents without

any valid reason, because of course goods may be shipped to them by

other parties, which I should refuse to do; and they may do it legally,

because they may send those goods to the Havannah or to any other such

place, and then my correspondents could not say that I had any valid

reason to refuse.

10483. If there were any obstruction interposed in the way of export

from this country directly to the coast of Africa, you would rather

desire that it should be at the English Custom-house, before the goods

went out, than that it should be left in uncertainty, to be decided upon

the coast of Africa?--Exactly; that is my impression. At the same time I

am not stating that that would be wise or expedient, or proper, or any

thing of the kind; but I say this simply because I do not wish it to be

brought into question that we elude the law; not that we break it,

because that would be a question before a court of justice; but before

men of honour, I do not wish to be open to the imputation of eluding the

law.

REPORT

FROM THE SELECT COMMITTEE

ON THE

WEST COAST OF AFRICA.

_Martis, 22º die Martii, 1842._

_Ordered_, THAT a Select Committee be appointed to inquire into the

State of the British Possessions on the West Coast of Africa, more

especially with reference to their present Relations with the

neighbouring Native Tribes.

_Mercurii, 6º die Aprilis, 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 43 / 88 题