“Of the actual condition of the labouring population of Jamaica, and consequently the condition which would be accessible to the African immigrants, Sir C. Metcalfe gives the following description, in his dispatch to Lord Stanley of the 1st November, 1841:
“With respect to the labouring population, formerly slaves, but now perfectly free, and more independent than the same class in other free countries, I venture to say, that in no country in the world can the labouring population be more abundantly provided with the necessaries and comforts of life, more at their ease, or more secure from oppression than in Jamaica; and I may add, that ministers of the Gospel for their religious instruction, and schools for the education of their children, are established in all parts of the island, with a tendency to constant increase, although the present reduction of the Mico schools is a temporary drawback.”
“Of the means afforded for the religious and moral instruction of the population of Jamaica, Sir C. Metcalfe, in this dispatch, makes the following statement:
“I turn from the cheerless prospects of proprietors to a more pleasing feature in the present order of things. The thriving condition of the peasantry is very striking and gratifying. I do not suppose that any peasantry in the world have so many comforts, or so much independence and enjoyment. Their behaviour is peaceable, and in some respects admirable. They are fond of attending Divine service, and are to be seen on the Lord’s day thronging to their respective churches and chapels, dressed in good clothes, and many of them riding on horseback. They send their children to school and pay for their schooling. They subscribe for the erection of churches and chapels; and in the Baptist communities they not only provide the whole expense of the religious establishment, but by the amount of their contributions afford to their ministers a very respectable support. Marriage is general among the people. Their morals are, I understand, much improved, and their sobriety is remarkable.
“For these very gratifying circumstances we are indebted to the Ministers of Religion in the Island of all denominations. Church of England, Church of Scotland, Moravians, Wesleyans, Baptists, Bishop, Clergy, and Missionaries, all exert themselves, and vie with each other in amicable rivalry to do good to their fellow-creatures. The number of Churches, Chapels, and Schools built and being built in every part of the Island, affords a most pleasing and encouraging sight. In this respect the prospects of the Island are very cheering, and the liberal support afforded to useful Institutions, and the encouragement given to Religious Teachers, without any bigoted exclusions, are creditable to the Island Legislature, and every part of the Community.”
The Reports of the Magistrates[6], which will be found in the Parliamentary Paper 1842, concur in representing the great efforts which are made in promoting Religious Instruction.
[6] Statement given in by W. Burge, Esq., Agent for Jamaica.
“The annual charge defrayed by the Colony of Jamaica, for the support of the Ministers and Schools of the Church of England, was, in 1836, 53,260l. 14s. 5d. currency, or 31,956l. 8s. 8d. sterling money, as will appear by a Paper laid before Parliament in 1837, and which will be found referred to in Evidence before the Committee of The House on the West India Colonies. Since the Year 1836 an increase has been made; and in the Years 1839 and 1840, an addition of 14,000l. sterling per annum was made to the charge. The total annual charge, therefore, defrayed by the Colony for that part of the Ecclesiastical and School Establishment, connected with the Church of England, exceeds 45,000l. sterling money. But this Establishment is still further extended by occasional Grants by the Assembly of Jamaica, by Parliamentary Grants, and by certain Religious Societies in England, and by individuals there and in Jamaica. In addition to this Establishment, very extensive means of Religious Instruction are afforded by the Presbyterian, Moravian, Wesleyan, and Baptist Missions, established in Jamaica, and those schools and places of worship are thickly spread over the Colony, and large contributions for supporting and extending these Schools are derived from Parliamentary Grants, from Grants by the Assembly of Jamaica, by charitable institutions, and by private individuals here and at Jamaica.”
BRITISH GUIANA.
“If I were not convinced that the unhappy Africans are benefited by the transfer to this colony, I should not so urgently press the continuance of the countenance of Her Majesty’s Government to that effect. I have, in my residence on this coast, seen that the Africans from Sierra Leone are far from being in the civilised state I should have anticipated; that their condition must, therefore, here be improved; how much more so then must the pure savage be raised by being brought amongst his own colour, who are in a high progressive state of civilisation[7].”
[7] Extract from the Dispatch of Governor Light to Secretary of State, dated 21 Sept. 1841, Parl. Paper, 1842, p. 85.
“Religious instruction administered at 57 places of public worship. Each parish has at least two parochial schools under the superintendence of the minister. Each missionary has a school attached to his domicile, and nearly all the principal plantations in the colony, if at a distance from the schools, maintain a school for the instruction of their labourers’ children, free of expense.
“An annual grant has been made by the colony in aid of the education of children of the labouring population in the rural districts, amounting to 13,333 dollars.”
“The average rate of wages for agricultural labourers is about 5-12ths of a dollar per task; a day’s task is understood to be seven hours, but is generally performed in four or five hours by an industrious man; any extra time or labour is paid for additional.”
“House-room, garden ground, medicine, and medical attendance, have hitherto been granted free; all other requisites are provided by the labourers themselves[8].”
[8] Parl. Paper, 1842, p. 120. Extract from Report of Committee on Emigration.
TRINIDAD.
“By Mr. Latrobe’s Report in 1839, it appears there were 35 Day and Evening Schools, and 14 Sunday, of all denominations; whereas, by the Return of the Society for the Propagation of the Gospel, the Established Church alone has now 28 Schools, and it is calculated that the present number in all is not less than from 50 to 60. As regards Churches and Chapels, there are no less than 18 connected with the Established Church, 11 Roman-catholic, 4 Wesleyan, and 1 Presbyterian, together 34, for a population of from 50,000 to 60,000 souls; this would give a School for every 1,000 souls, and a Church for every 2,000.
“In the Colonial Estimate for this year, there is a provision of 1,660l. for the Established Church, and for the Roman-catholic 3,236l., as fixed expenditure, besides 5,865l. towards building Churches, and 1,937l. towards Education.”
“The soil of Trinidad is a rich marl that requires no manuring whatever, and of such soil there are fully one million of acres in brushwood and forest. Were there only a sufficiency of labour every British market might be amply supplied with Sugar from this one Island; hence, Foreign Sugars would be excluded, and the Slave Trade, as it refers to Great Britain at least, would be practically discouraged.
“In Trinidad too, Christian Ministers can live and labour with far less risk of health and loss of time. Government is also extremely willing to give half the amount required for the erection of Chapels, School-houses, Teachers’ Salaries, &c. in any part of the Island where we may have even a small Society of Emigrants.
“It is therefore my deliberate conviction that the people would gain an accession to their religious privileges by quitting any part of Western Africa for the Island of Trinidad.
“But again I think that the worldly circumstances of the Emigrants would be considerably advanced. The labourers may very easily earn half a dollar per day on their arrival here, and in a couple of weeks, that is, as soon as they fully understand the nature of the work, the able-bodied may make a dollar. A house and garden are given to every labourer. On these particulars Mr. David and the labourers who have returned with him will be able to satisfy you[9].”
[9] Extract from Letter addressed by Rev. J. Blackwell, Wesleyan Minister in Trinidad, to Wesleyan Ministers at Sierra Leone.
Now after looking at such a picture, drawn from the most unsuspected sources, we cannot doubt that, whether for the homeless Negro just rescued from the hold of a Slave Ship, or for the ignorant and uncivilised African who comes down to our Settlements to pick up a small pittance by the hardest labour, and to return with it to his barbarous home, it would be of the highest advantage, it would be the greatest blessing, to make such an exchange. But how is it with the Liberated African of Sierra Leone, who has been enjoying perhaps for years the fostering care of the British Government? Now to that Government, beyond his rescue from the Slave Ship, and emancipation from future Slavery, and a temporary sustenance, and his being placed within the reach of Missionary efforts, to which it has not contributed, the Liberated African cannot fairly be said to owe much. To the invaluable exertions of the Church Missionary Society more especially, and also to a considerable extent, as in all our African Settlements, to the Wesleyan body, the highest praise is due. The former expend nearly 7,000l., the latter nearly 2,000l. annually upon the Religious Instruction of the Colony. By their efforts nearly one-fifth of the whole population, a most unusually high proportion in any country, are at school, and the effects are visible in considerable intellectual, moral, and religious improvement,—very considerable under the peculiar circumstances of such a Colony. But a few ill-supported Schools and one Chaplain is all that has been contributed by the Government to the religious and moral improvement of those of whom she has undertaken the protection, and their social improvement has been unattempted. No Model Farm has been established, no instruction in Agriculture has been afforded. The rate of wages, when any are earned, which is chiefly by a few in the neighbourhood of the towns, is 4d. to 7d. a day, and with this and a little cultivation a sufficient subsistence, though nothing more, is gained. The extent of good soil is limited; the inhabitants wander out of the Colony for the subsistence which they cannot find within it. There is little industry, there are small facilities for trade, as the Colony itself produces little to export save a little arrow-root and ginger, and the River which it commands is only navigable for 30 or 40 miles to any useful purpose, and supplies no article but timber and camwood. With such a climate, therefore, and thus circumstanced, the Colony can never invite the residence of planters or of merchants of considerable capital, or become a favourite with officers, either civil or military, of a higher order. What elements of prosperity, therefore, can it have? The Government has not done much, but under any circumstances the Colony must be an artificial creation. The Government ought to have established a Model Farm, or in some way communicated agricultural knowledge; and we would recommend that it should be attempted even now. But, after all, what is that to the magnificent Model Farms which would surround the African in the West Indies?
We need hardly add more to prove that it would be well for the African, in every point of view, to find himself a Free Labourer in the free British West India Colonies, enjoying there, as he would, higher advantages of every kind, than have fallen to the lot of the Negro race in any other portion of the globe.
We pass the question, though not absolutely to be lost sight of, that, in Sierra Leone, the newly liberated African is a burden to the British Government as well as to himself; and that, in the West Indies, not only would his own condition be improved, but he would become a source of wealth and prosperity to the Empire. But we must not omit the advantage to Africa, of the probable return to her soil of many of her own sons, enriched with civil and religious knowledge, and bringing back with them wealth, and the means of wealth and civilisation; “that reflux of the West upon the East, in moderate numbers, and managed with caution,” in the words of Sir John Jeremie, “to which we must look for the civilisation of the East.”
But Your Committee had next to consider, whether, in achieving this object, any danger existed of creating a real, or plausible suspicion of a real, Slave Trade under another name.—Under proper regulations, they think there is not. A free passage may be offered to the African already settled within the colony, and to the Free Settler or other Native, who shall have remained long enough in the Colony to give the authorities sufficient time to ascertain the circumstances under which he came, and to assure themselves that they were entirely free from all suspicion of fraud or force. To such as thus leave their homes, a free passage back at the end of a certain period, say three or four years, might be promised, with full permission to them to return at any time at their own expense. To the homeless African, newly liberated, the option should be given of settling at once in the West Indies, if he please, with permission to return hereafter at his own cost, or of removing from Sierra Leone, or of remaining in it on the first adjudication, if he undertake for his own maintenance, or can find friends or relations who will undertake it for him.
With regard to the Kroomen, however desirable they may be as labourers, and however advantageous the object may be to themselves, we are not prepared in the first instance to recommend other facilities for emigration than those which we have suggested to be offered to other Natives who might desire to make use of a British Settlement as a point of departure[10]. If they should desire, as it appears that it is not improbable they may, to make a Migration across the Atlantic, with their habits they will find no difficulty in making their way, for the purpose, to Sierra Leone, where some hundreds or even thousands of their brethren habitually reside, some of whom have already emigrated to Guiana, and seem to be as active in the field, as we have long found them to be on the sea, and to be well pleased with the experiment.
[10] On this point, however, we beg to refer to the important evidence of Capt. Denman, who thinks that on account of the peculiar character of the Kroomen, emigration, with common precaution, might be conducted from their coast without risk of abuse. See Q. 6995, et preced.
If it should hereafter be thought desirable to form any Settlement on the Kroo Coast, however small, it might facilitate arrangements similar to those which we have recommended for the other Settlements. Or they might possibly hereafter be embarked from the Coast itself under the superintendence of a man-of-war. (See Capt. Denman.)
The same door might be opened, under the same precautions, from the Gambia; but with regard to the Gold Coast, the supply of labour there not appearing to be more than necessary for the wants of the country, we would not recommend any peculiar facilities to be afforded.
The expense of the Emigration would of course be defrayed by the Colony to which each successive band of Emigrants was directed.
All this of course cannot be secured from abuse without the strictest superintendence of some Government authority; which we believe, dealing as it would do only with British Settlements, would be substantially effective. But we would earnestly recommend, that it should rather be undertaken altogether by the Government itself. In that way only can perfect security be given and felt against the abuses which might arise from the competition of the Agents of rival Colonies; in that way only can perfect confidence be given, whether to the African himself, or to the public opinion of England and the civilised world, that nothing shall be done which shall even bring suspicion upon a reputation, of which we are justly jealous, of which we can still be proud, and which it is of the highest importance that we should sustain. But under these sanctions, whether we look to the effect of the prosperity of our Free Colonies in discouraging the Slave Trade, or to the advantage of placing the African in that position where he will be most likely to raise himself in the moral and social scale, and to react beneficially upon the destinies of his Mother Country[11], Your Committee cannot but strongly urge upon Parliament not only not to prohibit the Emigration of Free Blacks from our African Settlements to our West India Colonies, but to encourage and promote it by the authority of Government, under the sanctions and regulations above suggested, or such other as further consideration may supply.
[11] To prove that this expectation is not altogether even now unsupported by facts, we beg to quote a passage from a letter in the Appendix, from Messrs. Anderson & Co.: “Demerara, 30 April, 1842. The Superior is off to day for Sierra Leone; 68 people have gone in her, including children, and with the exception of three or four, who are old soldiers, the whole of them are people who came seven or eight years ago from the Bahamas, (liberated Africans?) and they return to their native country with a good deal of money; three of them have not less than 5,000 dollars each.”
As we have said before, the way in which this question is disposed of will affect materially other questions connected with the internal administration of the Colony.
If Emigration should go on to any great extent from the settled Population of Sierra Leone, which we believe it might without in any way injuring the condition of the Colony, but rather the reverse, (for the rate of Wages would probably rise, and it appears that it is not the successful and thriving who are inclined to go), it will probably be possible to dispense with some of the Establishment which is now requisite for watching over the interests of the Liberated Africans. If, on adjudication, they are mostly located in the West Indies, the much-discussed question of the best means of disposing of them, of the necessity of maintaining them, as now, for six months, or the expediency of leaving them at once to their own resources and the charity of their countrymen; the question of the best means of disposing of the Children, and the ever-new devices of successive Governors for escaping from the inevitable evils of apprenticing them to persons on whose character no dependence can be placed, will be got rid of; and the British Government will be relieved from the necessity of attempting to overcome the obstacles which nature seems herself to have interposed at Sierra Leone, in the way of ensuring a prosperous condition to the objects of its humane care.
We now come to the question which has of late excited so much interest and feeling, that of the facilities which British Commerce is charged with having furnished to the Slave Trade, and to the extent and nature of the connexion which exists between them; a question which must be considered dispassionately and soberly, rather with a view to what is best for the object upon the whole, and to what is practicable, than to what might at first appear to be desirable, and what might be perhaps a partial good, producing possibly, in other ways, a greater evil. Now, 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 risks or profits of any Slave Trade venture. The charge is this, and it must be admitted, that whether by selling condemned Slave Vessels back to Slave Dealers, which is the rarer case, or, which is the more common, by selling to Slave Dealers lawful goods, which are afterwards employed in barter for Slaves (whether circuitously by sale to Merchants in Cuba and Brazil, or directly on the Coast of Africa), the British Merchant and Manufacturer does, in common with the Merchants of other nations, furnish very considerable facilities for the Slave Trade.
It must further be admitted, that owing to the equipment article in our recent Treaties, which has prevented the actual Slaver from hovering on the Coast in safety, a large portion of the goods necessary for the Slave Trade is driven into Vessels innocent in their apparent character, but subserving the purposes of the Slaver; and that, in consequence, a somewhat larger portion of this kind of traffic may possibly now pass directly from the English or other Merchant to the Coast of Africa, than heretofore, when those supplies went round by Cuba and Brazil in the Slavers themselves, without risk of capture.
Now an opinion has prevailed, and that in very influential quarters, and it runs through Dr. Madden’s Report, that at least such direct dealing is illegal, and punishable under the Statute of the 5 Geo. IV, c. 5; and if not so already, the same parties would urge on Parliament to make it so by new enactment; and some even would extend it to all connexion, however indirect, in which a guilty knowledge of the destination of the goods or of the Vessel could be presumed. Now this view of the Act is not unnatural, owing to the general and comprehensive nature of its language, and to the desire which must naturally exist to understand it in as comprehensive a sense as possible for the obstruction of so odious and detestable a traffic as the Slave Trade. But looking closely at the language of the Act itself, and to the interpretation put upon it by the Law Officers of the Crown, as alluded to by the Under Secretary of the Colonies, in his letter to Dr. Madden, April 1842, and to the opinion of the Attorney General in the case inserted in the Evidence, we cannot affirm it to be illegal now, and we shall presently state to The House why, however reluctantly we may come to the conclusion, we are not prepared to recommend that it should be made so.
Now in the first place, it is difficult to consider or to make that illegal, which is and has been done at Sierra Leone for years, by a Court of Judicature, (in doing so, acting under Treaties and under the sanction of an Act of Parliament, namely,) selling publicly, and to the highest bidder, Prize Vessels and Prize Goods condemned for Slave Dealing, indiscriminately, and without precaution or restriction, to persons of all descriptions, including Slave Dealers themselves, and which, in regard to vessels at least, had been practised in that Colony by persons of high character and station unreproved. But if it should be made illegal hereafter to sell a Vessel to a party concerned in the traffic in Slaves, the next question, and one that a Legislative body must consider, is, in what manner shall such a prohibition be enforced? A bond that the Vessel shall not be disposed of to a Slave Dealer has been proposed; but how shall the Vessel be prevented from passing very shortly from hand to hand till it reaches an unlawful owner? and is it not unwise for the Law to attempt that which it has so little means of effectually enforcing? There seems no remedy for this, which at Sierra Leone, in the heart of the Slave Trade, and where the Vessel is often sold for half its value, is an evil substantially as well as in feeling, but that of extending the provisions of those Treaties which direct that a Slave Vessel shall be broken up, not sold, and altering our own Municipal Law to the same effect.
But in regard to goods and merchandise, should the Committee advise The House to make such dealing illegal? Now all the witnesses, even those who advocate this view most strongly, admit that legitimate trade, by which is meant the exchange of merchandise for produce, is most beneficial to Africa, and co-operates materially with the cruizer in his operations, whether directly by the assistance and information with which the British trader supplies him, or indirectly by diminishing the necessity of a trade in Slaves, as the means of procuring European or other goods; they admit that nothing therefore would be more injurious to the interests of Africa, than to interfere materially with the operations of lawful commerce. It appears, moreover, that in every place on the Coast North of the Line, (to which limits our inquiries have mainly been confined,) with the exception of perhaps two or three points, a lawful trade of more or less extent is or has been carried on contemporaneously with, and often, nay generally, by the same persons as, the Slave Trade: they have told us that the same goods, such as cottons, rum, tobacco, guns and gunpowder, are employed in both trades; and that, although those employed in the Slave Trade are often of an inferior description, yet that quality alone will not furnish the means of distinguishing between one and the other, and that, practically, there are no means of making such a distinction; they have told us that any restriction on traffic which they would recommend, must therefore be confined to places or persons solely or principally concerned in the Slave Trade, and that the law should not attempt to interfere with any other. The question still remains, how this is to be carried out?
With regard to those places, where the Slave Trade has been extinguished, no difficulty will arise; but with regard to those places, not few in number nor of slight importance, where, as in Bissao now, and as it has been and may be again, in the Brass and Bonny Rivers, the most important marts for lawful trade upon the Coast of Africa, a trade in produce and slaves is carried on together and by the same persons; or where, as in Whydah and Popo, a trade in produce has been gradually growing up and gaining upon the Slave Trade in proportion as the enterprise of the British merchant pushes on the one and the vigilance of the British cruizer checks and cripples the other, how should the Legislature deal with them? Shall they be lawful or unlawful ports or persons? What is to legalise the traffic in such cases? What proportion, or what positive amount, of lawful traffic? But, indeed, how is the lawful traffic to spring up at all under such circumstances of exclusion?
Some witnesses have argued, that this question of degree need not be defined but may be left to be solved by the practical sense of a jury. By what jury? In England or at Sierra Leone? Under what uncertainties and obstructions would the most scrupulous trader deal with the Coast of Africa, if, for the misinterpretation of such instructions, as the nature of such a case will admit, by a supercargo, his vessel and goods are liable to be brought some hundreds or thousands of miles out of their course, to have the question decided by a jury, whether some person or some factory dealt with was principally or not engaged in the Slave Trade, it being unlawful if principally, lawful if partially, in some unknown and varying proportion, so engaged.
The question for the Legislature to consider is, whether it is worth while to do all this, to infuse so much risk and uncertainty into a trade which it wishes to encourage, which it looks to as one of the main instruments for the civilisation of Africa, for the sake of interfering with so small a proportion of the facilities which commerce, permitted at all with Africa, under her present circumstances, must of necessity afford more or less to the Trade in Slaves. For unless all other countries can be persuaded to take the same view, it must indeed be a small proportion, and little indeed will have been done towards the object; an obstruction will merely have been raised for such length of time as may be required for conveying the same goods from England or from foreign countries through other channels. It would be merely a transfer, and a transfer to parties less friendly to the object, and less under control. We have had ample evidence, that foreign vessels already carry on this trade to a considerable extent; nor is there any right by existing treaty with foreign nations, nor can it be expected, that we should obtain it, to interrupt foreign vessels engaged in such a traffic. But indeed, how would it be carried out? The right of search, in any shape, is one, as we know by experience, that requires the greatest delicacy in carrying out with the ships of friendly nations. But what kind of search must that be, which would seek to ascertain, on board of an apparently innocent vessel, innocent in her build and in her equipment, and freighted with innocent goods, whether the destination of such goods was not made unlawful by some document hidden in the most obscure recesses of the vessel? How prolonged, how minute, consequently how irritating at all times, how vexatious, if unsuccessful; how likely to be unsuccessful, if not guided by more obvious indications; how likely consequently to lead to disputes and collisions among nations, most injurious, if not fatal to that harmonious co-operation for the common object which is so absolutely essential to success. It must not be lost sight of how large a share of these evils must be inflicted on those who are engaged in our own lawful commerce, if such a search be applied to them.
Now if we were bound by a rigid principle to do this, these arguments must be rejected, as not affecting a case of conscience; but in this case we are not trying the value of a rigid principle. The principle would be intelligible which dictated the absolute interdiction of all commerce with every place from which a single Slave was exported; or, further still, with every place from which a Slave Trade was carried on, such as Cuba and Brazil; or if it dictated a prohibition to send goods where there was a probability that they might be exchanged for Slaves. But this arbitrary and uncertain limitation, so little capable of being referred to strict principle, and yet so injurious to lawful commerce, can only rest on the ground of its expediency, of its tendency to attain or promote the object; must submit to be tried by that test, and so tried will be found wanting. It is no doubt galling to a zealous and gallant officer, engaged in the service of his country and humanity in watching anxiously a well-known slaver’s haunt, to see foreign vessels, still more vessels bearing his own country’s flag, passing inwards and supplying those goods, though innocent in themselves, which are the medium of an atrocious traffic; it is not surprising that under such circumstances that feeling should have arisen which appears in Dr. Madden’s Report, and in the Evidence of several, especially the naval, Witnesses. It is a feeling natural and honourable in itself; and we hope that the English merchant, animated as he is by the same feelings of horror for the Slave Trade, will endeavour to extend the influence of those feelings through the whole circle of his transactions. But we cannot recommend that a provision so difficult to be carried out, so vexatious and yet so ineffectual for its object, should be made the subject of Legislation.
Happily in this great work we need not despair. The measures lately adopted have done much. The evidence of all the Naval Officers as well as Commanders of Merchant Ships, concurs in stating, that North of the Line, over a coast of many thousand miles, the Slave Trade, with the exception of a few points in the neighbourhood of Sierra Leone and the Gambia, is virtually extinct. And the continuance of these measures, well guarded and considered in all their details, as well as extended, together with such as we have recommended in different parts of our Report, give fair ground for hoping for ultimate success. Under this head we would venture to recommend that none but the swiftest vessels should be employed; that some of the best Prizes should be converted to the purposes of the service; that Steamers should be engaged in watching the intricacies of Islands, and the mouths of Rivers; that the system of paying by Head-money, so unjust to gallant men[12], or, perhaps, by Bounty at all, should be reconsidered, and possibly replaced by higher pay and the prospect of promotion. Encouragement and ample protection, at the same time, should be given to lawful trade in every shape[13]; and the Settlements which we hold, or which we may form, upon the coast, should be kept open indifferently to all nations as to ourselves, that they may see, and be compelled to acknowledge, that in all we are attempting for Africa, we are only endeavouring to provide a feast of which all may equally partake; and seeking, as the reward of our exertions, no advantage to ourselves save that which may fairly fall to our lot from a proportionate share of a more abundant table, spread out for the common benefit of all.
[12] As an instance of the injustice of this system, we beg to refer to a case cited by Captain Denman (Q. 7099), in which it appears that the capture of two vessels, of the aggregate capacity of 80 tons, which would have held 700 slaves, was remunerated with no more than 576l., because they were empty; while that of a single vessel, of little more than half that tonnage, brought in 1,654l., because she was full. Thus the least laborious and dangerous, as well as the least effective service, receives the highest reward.
[13] Perhaps one or two vessels might have this specific duty assigned to them, apart from the general operations of the Cruizers connected with the Slave Trade.
IN THE CENTRAL CRIMINAL COURT.
Regina v. Zulueta.
Counsel for the Prosecution.
MR. SERJEANT BOMPAS.
MR. SERJEANT TALFOURD.
MR. PAYNE.
Counsel for the Defence.
MR. FITZ-ROY KELLY.
MR. CLARKSON.
MR. BODKIN.
Attorney for the Prosecution.
SIR GEORGE STEPHEN.
Attornies for the Defence.
E. J. & H. S. LAWFORD.
PROCEEDINGS
INSTITUTED AGAINST
PEDRO DE ZULUETA, JUN., ESQ.
From the moment I left the Committee of the House of Commons, on the 23d of July, 1842, I never again heard of this matter until Wednesday the 23d of August, 1843.
On that day, between two and three o’clock in the afternoon, I was sitting at my desk in the private room of Zulueta & Co.’s office, 22, Moorgate Street, in the City of London, when a clerk came into the room to announce that a gentleman of the name of Scoble wished to see me. “Do you know him? He says that he is not known to you.” Upon this I went out into the clerks’ office and found the individual, thus calling himself, standing outside the counter. I asked him his business, and he replied that he did not call upon his own business. He asked me, in a pointed and distinct manner, if my name was Pedro de Zulueta, which of course I instantly acknowledged. “I do not call on my own business, but to introduce a person who wishes to speak with you. Shall he see you here, or at your house?” “I should like to know first who he is; what is his name?” “You do not know him, his name is Brown.” “I do not recollect any person of that name,” I replied. “He is below, if you like to see him.” The first impression on my mind was that the whole was some ridiculous mystery about some great trifle, and I thought I could not dispose of it better or more quickly than by seeing the man, so suiting the action to the word, I said, “I will go and see who he is,” and opened the door which leads from the office into the landing-place at the top of the stairs. No sooner was I outside the door than the individual, calling himself Scoble, addressed me in a tone different from the insinuating manner in which he had done before—not rude, but solemn—“The fact is, Sir, that a true bill has been found by the Grand Jury against you for felony, and there is an officer below to take you into custody. I did not like to state this before the clerks.”
The first impression I received at hearing these words I cannot give any account of, but it certainly struck me as the whole thing being a trick. “What do you say, Sir?” I asked; and the assertion was repeated, adding that the charge was slave trading. Then I was still more confirmed that there was some trick in the case. I asked the policeman, who was within the house and apparently in the act of ascending the stairs, to be called up, which Mr. Scoble did, and both were shown by me into the private through the public office. My father was sitting in the next room, and when I tried to make him understand the case, seeing the policeman and Mr. Scoble, he received the same impression of the whole being a trick, which raised his indignation at the audacity, and made him address Mr. Scoble very angrily. Mr. Scoble was evidently anxious to leave the room; and the policeman, to whom he gave strict directions about what was to be done with me, having assured me that the thing was in earnest, that I must go with him, I opened the private door for Mr. Scoble, who left the office repeating his injunctions to the officer, that I must be taken directly to the station-house, where Sir George Stephen would immediately go.
We had never before heard Sir George Stephen’s name, and my father thought he might be a magistrate. He tried to ascertain from the policeman by whose authority he was acting, but we could not obtain from him any thing that we could understand. He waited until Mr. John Lawford, of the firm of Messrs. Lawford, of Drapers Hall, our solicitors, arrived, and then we proceeded to the Garlick Hill Police Station-house. There Sir George Stephen appeared: he did not know me, and asked which was Pedro de Zulueta. When my name was mentioned, I answered to it, and then he preferred the charge as will be found in the succeeding page.
Mr. Lawford spoke aside with Sir George Stephen, for the immediate and pressing question was the bail. Sir George expressed a firm determination to resist bail to any amount. Then the dreadful thought was, what was to become of my family, since it never has happened, that I have been absent without their being acquainted with all the circumstances; and I do not think I have slept one night out of my house while in town. The late hour made it quite unlikely that with opposition to the bail, and as counsel must be heard, that I could escape passing the night in Newgate. Mr. John Lawford, with the greatest kindness and feeling, expressed to me that such was his fear. My reply was, that they might do what they pleased with me, only that my wife should be seen to, for I was quite sure of the result of her hearing suddenly of such an occurrence, together with my not going home. Sir George coldly remarked, that “it must already be known at home, for he had sent there to take me, in case I had not been taken at the office.” The agony, which such a statement caused, was perceptible, and one of the officers in the room remarked, that I needed not apprehend any thing, as all the officers could do, would be to watch the house.
I was conveyed very late to the Court at the Old Bailey, where I sat until nearly nine o’clock in suspense as to what would be the result of the application for bail, and next whether the persons approved of could be found at so late an hour. It was not until late, that the former was granted; and after considerable difficulty, and the impossibility of finding one of the two bail offered, the other was accepted as sufficient by the Court, together with my own recognizance. I then went home at about half-past nine o’clock at night to my afflicted family in a condition, which, as I believe it unprecedented when all the circumstances of my case are considered, so I hope and trust may never fall again to the lot of any man who lives in that happy and undescribable feeling of habitual security, which in this country we so dearly value as the precious privilege and the certain possession of every man who has not contemplated and is not aware of a breach of the law. Thus will it have been reserved to me, in the British dominions, to experience this peculiar method of receiving a wound in the heart, which, although time and the sympathy which has been so kindly expressed may allay, I alone can know how unlikely it is that any lapse of time can altogether cure.
As I would not state a fact with any greater appearance of certainty than what I really possess, I ought to add, since I now have seen the name of Mr. John Scoble mentioned as that of the Secretary of the Anti-Slavery Society, that as I never saw before or have seen since, that I am aware of, the Scoble, who acted in this to me ever memorable occasion, I cannot tell whether they are both one and the same person.
Extract from the Book kept at the Station-house on Garlick Hill, containing the Entries of Charges made on Wednesday, August 23, 1843.
Hour 3. 50.—Pedro de Zulueta (32), 22, Moorgate Street, brought in by P. C.[14] 489, —— Tye, charged by Sir George Stephen, 17, King’s Arms Yard, Coleman Street, with Felony (Slave Trading); also with Conspiracy, a true Bill having been found against him at the C. C. Court on both of the above charges.
(signature of person charging) “George Stephen.”
[14] P. C. means Police Constable.
(From the Anti-Slavery Reporter.)
CENTRAL CRIMINAL COURT.
Wednesday, August 23, 1843.
(Before the Recorder.)
EXTRAORDINARY AFFAIR.
The Grand Jury having, in the course of the day, returned true bills against Pedro de Zulueta the younger, of the parish of St. Mary-le-Bow, merchant, Thomas Jennings, and Thomas Bernardos, late of the same place, mariners, for felony,
Mr. Clarkson applied to his Lordship under, as he said, circumstances of a rather peculiar character. Two bills had been found against Mr. de Zulueta for felony and misdemeanor. He was a highly respectable merchant of the City of London, and he was charged with conspiring, with other persons, to fit out a ship for the purpose of trading in slaves. The proceedings before the Grand Jury were of course entirely ex parte, and no application had been made to any magistrate. The first intimation which Mr. de Zulueta had of the fact was his being taken into custody, and he knew nothing of the nature of the charge beyond what was entered in the police-sheet.
The Recorder asked, was the defendant present?
Mr. Clarkson said he was in custody, and was on his way to the Court.
The Recorder asked, what was the application which Mr. Clarkson wished to make?
Mr. Clarkson said he wanted the defendant to be allowed to give bail.
Sir G. Stephen, who, it appeared, was the solicitor for the prosecution, stated that the charge against Mr. Zulueta was founded upon the Act of the 5th of Geo. IV, which declared the offence imputed to the prisoner to be felony. In answer to the Court, he added that the charge was framed under that section of the Act which rendered the party convicted liable to the penalty of transportation for fourteen years.
The Recorder said that if the learned counsel intended to enforce his application for bail, he apprehended that it would be incumbent upon him to show more reason for such a course than the mere statement that the party had been taken by surprise.
Mr. Clarkson trusted that the circumstances he had stated would be considered sufficient by the Court. The fact of the defendant being so suddenly arrested and placed in confinement would cause the greatest distress to his family. He was prepared to put in bail to any amount.
The Recorder inquired if there was any objection to bail being taken?
Sir G. Stephen was understood to say, that in consequence of the circumstances of Mr. Zulueta, there was some doubt whether he ought to be admitted to bail.
Mr. Clarkson assured the Court that Mr. de Zulueta had not the slightest indisposition to take his trial; but, on the contrary, he had the greatest anxiety to have the matter investigated. His only wish, in applying to be admitted to bail, was to prevent the misery and inconvenience to which his family would be subjected by his being prevented from returning to them. He especially wished to save the anxiety of the female branches.
The Recorder suggested that the case should be dealt with in the ordinary manner, and that affidavits should be prepared in support of the application.
At this stage of the proceedings the prisoner entered the Court, in custody of an officer.
Mr. Clarkson, after some communication with Sir G. Stephen, addressed the Court, and said that he believed no objection would be offered to bail in the sum of 5,000l.
The Recorder said he thought that would be quite sufficient.
Mr. Clarkson said the defendant would enter into his own recognizance in 3,000l., and give two sureties in 1,000l. each.
It was then arranged that this amount of bail should be put in upon the indictment for felony; and with regard to that for misdemeanor, the defendant should give his own recognizance in 100l., and two sureties in 50l. each.
The indictment was then read. It charged the prisoner and the two other persons with having feloniously equipped and employed a certain vessel, called the Augusta, for the purpose of trading in slaves. In other counts the parties were charged with equipping the vessel for the purchase of slaves, and for the purpose of purchasing persons to be dealt with as slaves.
Mr. de Zulueta pleaded not guilty to both indictments.
He then, in default of two sureties, entered into his own recognizance in 6,000l., and one surety in 2,000l., to appear when called on.
INDICTMENT FOR FELONY.
| The Queen, v. Zulueta & others. |
} |
CENTRAL CRIMINAL COURT
To wit.—The jurors for Our Lady the Queen, upon their oath present that Pedro de Zulueta the younger, late of the parish of Saint Mary-le-Bow, in the City of London, merchant and commission agent; Thomas Jennings, late of the same place, mariner; and Thomas Bernardos, late of the same place, mariner, heretofore and after the 1st day of January, in the year of the reign of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously man, navigate, equip, dispatch, use, and employ a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to deal and trade in slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
2. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to purchase slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
3. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to deal and trade in persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
4. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to purchase persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
5. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, ship on board a certain ship or vessel, called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 6 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object which was in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the 4th, intituled, “An Act to amend and consolidate the laws relating to the Abolition of the Slave Trade,” declared unlawful, that is to say, to trade and deal in slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
6. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, ship on board of a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, to purchase slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
7. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, ship on board a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, to deal and trade in persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
8. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did illegally and feloniously, and against the form of the statute in such case made and provided, ship on board of a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, to purchase persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity.
INDICTMENT FOR CONSPIRACY.
| The Queen v. Zulueta & Others. |
} |
CENTRAL CRIMINAL COURT
To wit.—The jurors for our Lady the Queen, upon their oath, present that Pedro de Zulueta the younger, late of the parish of St. Mary-le-Bow, in the City of London, merchant and commission agent; Thomas Jennings, late of the same place, mariner; and Thomas Bernardos late of the same place, mariner, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did covinously conspire, combine, confederate, and agree together illegally and feloniously, and against the form of the statute in such case made and provided, to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to deal and trade in slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
2. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together illegally and feloniously, and against the form of the statute in such case made and provided, to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel, called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to purchase slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
3. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together illegally and feloniously, and against the form of the statute in such case made and provided, to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel, called the “Augusta,” in order to accomplish a certain object which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to deal and trade in persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;
4. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of Our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together illegally and feloniously, and against the form of the statute in such case made and provided, to fit out, man, navigate, equip, dispatch, use, and employ a certain ship or vessel called the “Augusta,” in order to accomplish a certain object, which in and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” was and is declared unlawful, that is to say, to purchase persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Lady the Queen, her crown and dignity;
5. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, one case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is and by a certain Act of Parliament, made and passed in the 5th year of the reign of his late Majesty King George the Fourth, intituled “An Act to amend and consolidate the Laws relating to the Abolition of the Slave Trade,” declared unlawful, that is to say, to trade and deal in slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Sovereign Lady the Queen, her crown and dignity;
6. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the last mentioned Act of Parliament declared unlawful, that is to say, to purchase slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Sovereign Lady the Queen, her crown and dignity;
7. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of Our Sovereign Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, to deal and trade in persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of Our Sovereign Lady the Queen, her crown and dignity;
8. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, heretofore and after the 1st day of January, in the year of our Lord 1825, to wit, on the 10th day of November, in the 4th year of the reign of our Lady the now Queen, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together knowingly, wilfully, and feloniously to ship on board of a certain ship or vessel, to wit, a ship or vessel called the “Augusta,” divers goods and effects, to wit, 29 hogsheads of tobacco, 60 cases of arms, 1 case of looking-glasses, 10 casks of copper ware, 134 bales of merchandise, 1,600 iron pots, and 2,370 kegs of gunpowder, to be employed in accomplishing a certain object, which was and is in and by the said last mentioned Act of Parliament declared unlawful, that is to say, to purchase persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of our Sovereign Lady the Queen, her crown and dignity;
9. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together feloniously to engage in the trading and dealing in slaves, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;
10. And the jurors aforesaid, upon their oath aforesaid, do further present that Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together feloniously to engage in the trading and dealing in persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;
11. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta, the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together feloniously to engage in the purchase of slaves, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity;
12. And the jurors aforesaid, upon their oath aforesaid, do further present that the said Pedro de Zulueta the younger, Thomas Jennings, and Thomas Bernardos, after the 1st day of January, in the year of our Lord 1825, to wit, on the 1st day of November, in the 4th year of the reign of our Sovereign Lady Queen Victoria, with force and arms, to wit, at London aforesaid, and within the jurisdiction of the said Court, did conspire, combine, confederate, and agree together feloniously to engage in the purchase of persons intended to be dealt with as slaves, contrary to the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity.
Names of Witnesses endorsed on both the Indictments before the Grand Jury.
| Sir George Stephen. | [Solicitor.] |
| John Brown. | [Clerk of the Admiralty.] |
| Lieutenant Henry Worsley Hill, R.N. | |
| The Honourable Captain Joseph Denman, R.N. | |
| Colonel Edward Nicolls. | |
| Emanuel Emanuels. | [Of Portsmouth.] |
| William Thomas. | [A Clerk at Messrs. Glyn & Co., Lombard Street.] |
| Abraham de Pinna. | [Notary Public.] |