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.

Part 15

Chapter 154,148 wordsPublic domain

5473. So that there are in the colony of Sierra Leone persons who exercise an influence over different portions of the population, according to the tribe that they come from?--Yes; I recommended that two persons should be chosen from each of the principal tribes, and sent over. And it appears from evidence that I heard given here the other day, that it was the non-return of such persons from Trinidad which prevented any further importation into that colony. I may perhaps be allowed to read a part of the letter which I wrote to the Colonial Office: “Evils of a serious nature may be anticipated if the collection and embarkation of African emigrants be left in the hands of private speculators, or even of the salaried agents of the different West India colonies, some of whom, at least, would be more anxious to signalize their zeal and success by the number of passengers whom they might ship, than cautious and scrupulous as to the means by which they are procured. Persons like the Maroons and liberated Africans mentioned above, who purchase or hire their own vessel, and pay their own passage, may of course go where they please, without question or obstruction, and they are little likely to go wrong. But with regard to negroes from the western coast of Africa, for whom a free passage will be found to the West Indies, in order that they may help to supply the deficiency of labourers so seriously felt there at present, I beg respectfully to recommend that the shipment of all such emigrants be positively restricted to the British settlements on the coast; that it there take place only with the sanction of Government, under the direct control and superintendence of the British emigration agent, and in exact conformity with the regulations issued for the guidance of that officer, and that it be confined to negroes who have been resident not less than 12 months in a British colony. Beyond the limits of British jurisdiction there is no part of this coast, except Liberia and the Kroo country, where the West India agents could obtain emigrant labourers from any other class than either the domestic slaves or the slaves prepared for sale to the slave traders; and when it is considered that, from causes which I need not now stop to explain, the price of a slave at the Gallinas, the largest slave mart in Africa, and close to Sierra Leone, has latterly been only 10 dollars a head, the necessity of confining the shipment of emigrants to British territory will be sufficiently evident. I cannot understand the reasons set forth by the Commissioners of Emigration as the ground on which they recommend that the emigrants should have been resident upwards of a twelvemonth in the colonies previous to their embarkation.” The precaution is nevertheless highly important; it will prevent the possibility of slaves from the territories which surround our small colonies being brought into our settlements, by their masters, merely for the purpose of being offered as emigrants to the West India agents. A chief, or the representative of a chief, from the Bullom shore, or from the Timany country, may very well supply the West Indian agent at Sierra Leone with 40 or 50 emigrants, on receiving a bonus of 10 dollars for each. This would probably be looked upon as a bounty, well bestowed for the advantage of procuring so many labourers and as a small addition to the expenses attending their collection and transport; but the supposed bounty would actually be the price and purchase-money of so many slaves; the slaves would be presented to the Government superintendent as free emigrants, and the payment of their purchase-money would be an affair known only to the parties concerned in it. With regard to liberated Africans (as long as they continue to be located at Sierra Leone) and Kroomen, there would appear to be less necessity for requiring that they should have been resident for a year previous to embarkation; but I would still apply the same strict rule to all, making however a year’s service on board a British man-of-war (in the case of the Kroomen) equal to a year’s residence in a British colony. Such strictness in this case can hardly be regarded as needless scrupulosity. In dealing with this delicate question, I presume it will be desired not only to satisfy ourselves that we have taken every precaution for the prevention of abuse, and for the protection of the negro emigrants, but to preserve our proceedings from the possibility of exception, or even suspicion on the part of other powers; and cautiously to avoid every practice, however innocent in itself, which may be dexterously accepted as a sanction of abuses which we have been forward to censure and oppose. I may here refer to the long correspondence which took place between the Foreign Department and the Netherlands Government on the subject of the African recruits enlisted at Elmina for service in the Dutch East India possessions; and to the recent capture, by a British man-of-war, of a French vessel employed, under the sanction of her Government, in collecting negroes on the coast to form black troops in the French colonies on the coast of Africa and in the West Indies. In the first case it was evident that the bounty which was paid by the Dutch Government for each recruit, to the person who produced him, was actually the purchase-money of a slave, and our senior naval officer in the Bights very properly gave notice to the Governor of Elmina, that any vessel with such recruits on board, if fallen in with by our cruizers, would be captured and sent to Sierra Leone for condemnation; and if brought there I should certainly have condemned her; and in the second case, the collection of recruits for the French Government, owing to its being entrusted to private speculators and contractors, immediately degenerated into open and undeniable slave dealing. “In the papers which I have received, little reference is made to any other emigrants than agricultural labourers, which is of course the class chiefly, if not exclusively wanted; I allude to this circumstance, because there are some classes at Sierra Leone which would supply no agricultural labourers, but only mechanics, schoolmasters, traders, boatmen, &c. The population of Sierra Leone, which in round numbers I take to be about 60,000, consists of about 1,200 Nova Scotia settlers, 1,200 Maroons, 50,000 liberated Africans, 7,600 Kroomen and strangers: 60,000. The Nova Scotians, or settlers, as we generally term them, would yield no field labourers, nor do I think that you would obtain any from the Maroons, though a large number of the latter would be very glad to be re-conveyed to their friends and relations at Jamaica, free of expense; a fair supply of mechanics, &c., might however be obtained from both classes. Of the liberated Africans, none of the more prosperous would, in my opinion, be inclined to emigrate, and at any rate they would not add to the number of the field labourers in the colonies. The people to whom I refer are hawkers, traders, and mechanics, and are generally drawn together and settled in Freetown and its neighbourhood, where they live in comfort and even luxury. It is to the remaining portion of this valuable body that we must principally look for emigrants, if we are to obtain them at all at Sierra Leone; and, if prudence and caution be used, I see no reason to doubt that a large number of them (quite as many as it will be proper for the colonies where they are now located to lose) may eventually be induced to remove to the West Indies. I would beg to propose that the four or five principal tribes of liberated Africans should be called upon, by means of influential persons of those tribes resident in Freetown, to select each two men in whom they have confidence; and those eight or ten delegates should be furnished with a passage to the West Indies and back, free of expense, in order that they may examine and ascertain for themselves the prospect which emigration offers. They should be used well on the voyage, should receive 2_l._ a month during their short absence, and their wives and families should be supported (a very trifling expense) during the same period. Let this plan be adopted and properly carried out, and I have no doubt whatever that it will be completely successful. The Kroomen, amongst whom I include the Fishmen, are so peculiar a race that they must always be considered by themselves. Their national peculiarities are very remarkable, and distinguish them almost as much from every other African tribe as they do from the Europeans. But it will be only necessary to notice those which affect them as emigrants. In the midst of a slaving district, they are never enslaved, and they navigate and work on board the Spanish and Portuguese slavers with perfect confidence and safety. Every man-of-war on the station ships has a certain number of these people according to her rating, and there are never less than 400 of them embarked on board the different vessels of the squadron at any one time. All the timber vessels, and indeed almost all other vessels on the coast engage Kroomen to do the heavy work, which Europeans cannot attempt with safety in that climate. They are to be met with wherever work is to be had or wages are to be obtained; they labour with astonishing energy, cheerfulness, and perseverance; and they are distinguished by frugality and parsimony. At Sierra Leone we have a shifting Kroo population of several hundreds, who are employed by the merchant vessels, and at the factories up the rivers, and by the merchants and other residents in Freetown; and the superior value of their labour as compared with that of liberated Africans is proved by the fact, that whilst the wages of a Krooman are from 9_d._ to 1_s._ per day, those of a liberated African are only 4_d._ a day, and yet the former is preferred. As agricultural labourers the Kroomen have never yet been tried either at Sierra Leone or anywhere else that I am aware of, but there is no doubt that, with their industry and intelligence, they would easily and rapidly acquire the necessary practical skill. From this description it may be supposed that the Kroo country is likely to supply our most valuable emigrants for the West Indies; but two objections may be made by the Colonial Governments to receiving Kroomen at all: one is, that they will not permanently settle anywhere but in their own country; and the other is, that they never carry their countrywomen away from home with them. Sierra Leone is the great mart for Kroo labour, and has been much frequented by that people during the last 30 years, and yet a Kroo woman has never been seen amongst us. The Krooman who leaves his own country in search of employment, will always return home at the end of three or four years, with the goods, the produce of his labour, which he has collected during his absence; part of the property thus acquired he presents to the king or head man of the town or district to which he belongs, and with the remainder he builds a house, procures a wife, clears a farm, and supports himself for about a year or 18 months. His holiday being over, he leaves his house, farm, and property to be attended to by his wife and his relations, and absents himself from home for another term of three or four years, at the expiration of which time he again returns with the fruits of his exertion to make a new present to his chief, to obtain another wife, and to add to the dimensions of his farm. This process is repeated several times, until the wanderer has acquired what is by him considered competent wealth, when he settles in his own country for the remainder of his life. The Kroomen are too valuable a class of labourers to be lightly thrown out of the scheme of emigration. If means of transport are provided, their numbers in the West Indies may eventually be kept up to several thousands. In that case the requirement respecting women must be dispensed with in their favour, and they must be assured that at least one opportunity will be afforded to them during every year of returning to their own country; nor would the people object to pay a limited sum (say eight to ten dollars) for their passage, finding themselves in provisions, as they do with us. Should it be deemed advisable to secure the services of these people, I would beg to propose that the same plan should be pursued with respect to them as I have recommended in the case of the liberated Africans, and that two head Kroomen and two head Fishmen should be selected to accompany the other African delegates from Sierra Leone, enjoying all the advantages of free passage and monthly pay conceded to their fellow-passengers. The Kroomen, however, unlike their companions, would leave behind them in the colony no wives and families to be supported during their absence. In Liberia there are several thousands of black American emigrants, some of whom are very poorly off, and might be disposed to remove to the West Indies; but it would be matter for consideration, whether it would be advisable, for the sake of the small supply which could be thus obtained, to depart from the rule of confining the shipment of negro emigrants to the British settlements on the coast, more especially as the distance between Sierra Leone and Liberia is so short, that many of the disappointed colonists from the latter have lately established themselves at Freetown. But the number of emigrants which can be obtained from all these sources, indeed the number of free labourers on the western coast of Africa compared with the great demand for labour in Trinidad or Demerara is so insignificant, that I would earnestly recommend a plan for the location and settlement in the West Indies of all slaves hereafter embarked by decrees of the various courts of mixed commission and mixed courts of justice, established under treaties between Great Britain and foreign powers for the suppression of the slave trade. This, however, is a subject not embraced in the papers which have been submitted for my perusal.” Then follow the rules for the emigration agent.

[Adjourned till To-morrow, at One o’clock.

_Mercurii, 15º die Junii, 1842._

MEMBERS PRESENT.

Sir T. D. Acland. Viscount Courtenay. Mr. Denison. Mr. Evans. Captain Fitzroy. Mr. Forster. Sir R. H. Inglis. Mr. W. Patten. Mr. G. Wood. Mr. Wortley.

LORD VISCOUNT SANDON, in the chair.

_Henry William Macaulay_, Esq., called in; and further examined.

5474. _Chairman._] Do you wish to correct any portion of your previous evidence?--I do. In reply to question 5176, in reference to Dr. Madden’s statement about the surveyors, I said, “The surveyor is not employed by the court, but subsequently to the condemnation of the vessel he is employed by the captor to survey, in order to enable him to make a claim, according to the tonnage, through his agent in England.” There are two classes of surveyors; the one referred to in this reply: the other, which I ought to have mentioned also, are the surveyors employed by the court to see to the equipment of the vessel, and this survey takes place before condemnation. I referred to the latter surveyors yesterday in my evidence; but I mentioned only the surveyor employed by the captor to measure the vessel for the tonnage in my former examination, and it would appear as though I had on the first occasion understated the officers of the court. We have two surveyors employed by the court in equipment cases, not in the case of vessels laden with slaves. There is another correction I wish to make: in the answer to question 5087, I stated that “It appears that it is a regular thing, sending vessels to him, that is to Mr. Zulueta: if they come to England to him, he sends them to Cadiz, and they get out again to the Havannah, and come again into the trade.” My answer was intended to describe only the course of that particular transaction, and not to apply to any other case.

5475. I observe in answer to 5087, to which you refer, you state that Zulueta “is a name well known on the coast in connexion with the slave trade, and any man ought to have been careful of being connected with such a person as that.” Will you state distinctly what charge it is you intended to make against Mr. Zulueta in those expressions?--Zulueta was known at Sierra Leone as the correspondent of the largest slave dealer on the coast, Pedro Blanco; all the bills which Pedro Blanco drew upon England were drawn upon Zulueta, and passed current in the colony of Sierra Leone with Pedro Blanco’s name on them, and Zulueta’s as the drawee. Zulueta was also subsequently found to be engaged in connexion with a slave vessel called the Gollupchik.

5476. Will you state who Pedro Blanco is?--He is a merchant who has now retired to the Havannah, but who was engaged for a long series of years in the Gallinas, as the principal person carrying on the slave trade there; his name occurs, for years together, in the case of very nearly every slave vessel captured off the Gallinas.

5477. Have you reason to know whether he was solely engaged in the slave trade?--His sole occupation was the slave trade.

5478. You think, therefore, that Zulueta’s known connexion with Pedro Blanco should have deterred any person who was unwilling to have aided or abetted the slave trade from having any transaction with him?--Certainly.

5479. Mr. _Forster_.] Are you aware that the house of Zulueta & Company is one of the first Spanish houses in this country, and perhaps in Spain?--I am aware that it is a very large house.

5480. You are consequently aware that it has commercial correspondence and transactions with most of the principal houses at Havannah and in the south of Spain?--I think it is very likely; I am not aware of it; but I know it to be a large mercantile house.

5481. That being the case, do you not think that bills might be drawn by Pedro Blanco on Messrs. Zulueta & Company without any direct correspondence between that house and Pedro Blanco himself, but accepted by order and on account of houses residing in Spain or in the Havannah?--It is quite impossible that Mr. Zulueta should have been ignorant of the only trade in which Pedro Blanco was engaged.

5482. But might not those bills be drawn without Messrs. Zulueta & Company having any direct account with Mr. Pedro Blanco?--Yes, it is possible.

5483. Then supposing a slave vessel were purchased at Sierra Leone and sent to this market for public sale, do you see any thing extraordinary in the party to whom the sale of that vessel is intrusted in London selling her to one of the first Spanish houses in this country?--If it was an Englishman who sold the vessel to the party to whom Mr. Zulueta sold her, I should think it very extraordinary indeed, because it was perfectly well known that Pedro Martinez, to whom she was sold, was a slave dealer.

5484. Then you think a London merchant who is intrusted with the sale of a vessel on the part of his correspondent in Africa, and whose duty it is to take that vessel to the best market, would be justified in refusing an offer for the vessel from Messrs. Zulueta & Company?--I think it would be his duty to do so, because the chances would be ten to one that she very soon afterwards would be employed in the slave trade.

5485. Then what justification, in your opinion, would that agent in London be able to make to his correspondent for refusing to sell the vessel to the highest bidder?--If the correspondent was an honest man, I think he would be perfectly well satisfied with the representation of his agent that the acceptance of such an offer would necessarily involve the introduction of the vessel immediately afterwards into the slave trade.

5486. But supposing the agent to act in that manner, would that prevent Messrs. Zulueta & Company buying the same vessel in a circuitous manner in this market?--No, it might not.

5487. _Chairman._] Have you any thing further to say with regard to the connexion of Zulueta with the slave trade?--I would refer to his connexion with the Gollupchik, which was lately captured. In that case, it appeared that the vessel went out direct to the Gallinas from London.

5488. But you would not object to a British vessel trading lawfully with a slave trade factory?--No.

5489. What is there then in this transaction which gives it a guilty character?--Mr. Zulueta’s former connexion with the Gallinas slave traders shows, that his course of trade with the Gallinas was one liable to exception.

5490. But what is there to prove that he dealt with the slave traders in other than lawful goods?--They would be _lawful_ goods, certainly.

5491. Do you consider it to be unlawful or improper to deal in lawful goods with a man who is engaged in the slave trade?--I do not consider it unlawful, but I do consider it improper; I say not unlawful, because you cannot prove guilty knowledge, but highly improper to sell goods to persons who, the seller must be aware, will employ them in the slave trade afterwards.

5492. Do you hold it to be against the purport of the Act to deal in lawful goods with persons engaged in the slave trade?--It is not against the purport of the Act for a merchant to deal with any one, unless he is aware that that person is engaged in the slave trade, and that the goods that he sells will be employed for slave trade purposes.

5493. Then that which is against the purport of the Act in your opinion, is to deal in goods, which goods will be used for unlawful purposes?--Yes.

5494. The mere trading in lawful goods, in itself you would not consider unlawful, or against the purport of the Act?--No.

5495. What evidence have we that Zulueta knew that in dealing with Pedro Blanco the goods he sold would be used for the barter of slaves?--Any body engaged in the Spanish trade would be aware that Pedro Blanco was the largest slave trader in the world.

5496. How would Messrs. Zulueta be paid for those lawful goods by Pedro Blanco?--I am not aware that he ever sold any goods to Pedro Blanco; the Gollupchik did not arrive off the Gallinas till after Pedro Blanco had left; he left I think in the latter part of 1838.

5497. It was a slave trade factory at the Gallinas with which Zulueta was dealing?--It was with the Gallinas.

5498. In the case of dealing with a person who had no other business than that of the slave trade, how would the payment be made?--In gold; in doubloons generally.

5499. There would be no payment in produce?--No; and that is the way in which all trade of that description is paid; there have been vessels going down from Sierra Leone and trading with the Gallinas and other slave ports, and the returns which they bring for their goods are doubloons.

5500. And you would infer from the circumstance of bringing doubloons, and not the produce of the country, that there was at least strong suspicion that it was an unlawful traffic?--A strong suspicion; I would not say more than that.

5501. Mr. _Forster_.] Suppose Messrs. Zulueta & Co. to receive an order from their correspondent at Havannah to supply a cargo of British merchandise to Pedro Blanco at the Gallinas, and these goods are shipped and are regularly cleared at the custom-house in England, do you consider that an illegal shipment?--The illegality depends upon the guilty knowledge. I consider it an improper transaction, because he must know the character of the person to whom he sends the goods.

5502. Do you think that Messrs. Zulueta & Co. would have been justified as merchants in refusing to obey the instructions of their foreign correspondent in a case of that kind?--I think that a man who viewed the slave trade in a proper light would have considered it improper to be so engaged.