7964*. Where were these letters dated from?—From Cadiz; the Vanguardia was captured by Captain Denman; the Uracca by myself, the Diana also; the other vessel referred to in the letters is the Gabriel, which vessel fired upon the boats of Her Majesty’s vessel Termagant, killing three or four of her crew, and has been since captured by the Acorn, Captain Adams. Therefore these letters at once show that the three persons to whom they were addressed, residing at Gallinas, and who were the parties to whom the Augusta was consigned, were most extensively engaged in slave dealing. No other letters were found on board the Augusta but those that related to slave dealing.
7965*. The Augusta had touched at Cadiz on her way out from England?—Yes, and landed part of her cargo at Cadiz, although it was consigned to be delivered at Gallinas.
7966*. What are the inferences that you draw from these papers?—That Zulueta, by the letter of the 20th of August, 1840, advanced the money for the purchase of the vessel; that by the letter of the 26th of September, that Zulueta advanced the money to defray her expenses and fitting out, necessary before she proceeded to sea; that Mr. Jennings was put in as the owner, when in fact he was not the owner; that Zulueta was perfectly aware of this, and that he chartered the vessel to carry a cargo on behalf of Messrs. Pedro Martinez & Co. of Havannah, a notorious slave dealer, which cargo was to be delivered to three notorious slave dealers at the Gallinas; that afterwards these notorious slave dealers at Gallinas were to have the direction of the vessel for the future proceedings; and, moreover, that at any time Messrs. Martinez, or their agents, thought proper to close the charter party, the vessel was to be given up to their agents, by which means, a ship bearing English colours was certainly employed by notorious slave dealers; she was to be directed in her voyage by slave dealers; and she was, at any time these notorious slave dealers thought proper to name, to be given up to them entirely. This transaction, with the purchase of the vessel, and a person put in as the nominal owner who was not the owner, cannot but stamp a character that the vessel was engaged, with the knowledge of Zulueta, in some trade that they were desirous should not be discovered.
7967*. Mr. Forster.] Inform the Committee in what way you connect Messrs. Zulueta & Co. illegally with any improper transaction there, or what part of the transaction which you have detailed it was not competent for foreign merchants to perform as agents in this country; mention which part they were not bound to perform, provided they received instructions from their agents at Havannah to do it, having money in their hands to make a purchase of the vessel and ship the goods?—Messrs. Zulueta must be aware that it is contrary to law to act as agents, or otherwise, for the shipment of goods that are to be employed in the slave trade; they were bound to do no thing illegal; they are merchants residing in England, and they must conform themselves to the laws of England, and they cannot, by the laws of England, plead ignorance of those laws.
7968*. Chairman.] You conceive it would be unlawful for an agent in this country to ship goods to be employed in the slave trade?—Yes.
7969*. Mr. Forster.] How is a merchant acting in this country in pursuance of orders from his correspondent abroad to know what that correspondent means to do with the goods which he purchases on his account and ships at Liverpool?—In this case I think it is plain that Messrs. Zulueta entered into a scheme for chartering and purchasing a vessel, and putting in an owner, and establishing a British character to a vessel that he could not be ignorant was to be engaged in the slave trade, or in some trade which, for reasons that Messrs. Martinez may have, that they wished to keep in the back ground, and that secrecy alone ought to have called from Messrs. Zulueta a degree of vigilance, and more particularly a vessel being bound to a place on the coast of Africa, where, if they had taken the slightest trouble in the world, they must have known there were no constituted authorities or custom-house officers, or any persons of an European nation who could ascertain if she was engaged in legal trade.
7970*. Then, in fact, you think it is imperative on the English merchant, before he executes the orders of his foreign correspondent, in any matter relating to the trade between Brazils, Cuba, and the coast of Africa, to send out and inquire the character of the party with whom the transaction is connected on the coast of Africa?—I have stated nothing of the sort; but I have endeavoured to be particular in making it appear that this vessel was chartered to a place where there were no constituted authorities. A vessel to be chartered to the Brazils or Cuba, or any country where authorities existed in the colony of a recognized nation, would materially alter the position of Messrs. Zulueta; but Messrs. Zulueta, as I before stated, residing in England, it became the duty of that house to be guarded that they did not break the laws.
7971*. Do you speak of this as a matter of prudence and taste on the part of Zulueta & Co., or as an act of criminality?—As far as I am able to give my own opinion, I believe that Messrs. Zulueta were perfectly criminal; at least they had a perfect knowledge of what they were doing. I think I am borne out in that by the secrecy they have endeavoured to purchase, and putting in a false owner. Messrs. Zulueta have been for a number of years agents to the notorious Pedro Blanco; they have also before this purchased and sent out to the Havannah a notorious slave vessel called the Arrogante, which circumstance was represented by Mr. Tolme, Her Majesty’s consul at the Havannah, to the English Government, and is also in the printed correspondence laid before parliament, either for the year 1839 or 1840. In fact, there can be no want of evidence to show that Messrs. Zulueta had for a length of time been agents to slave dealers; and I think it is impossible that any merchant can be an agent and ship cargoes of goods without ascertaining some knowledge of the party for whom they are shipped.
7972*. in the first place, you assume that it was illegal for Messrs. Zulueta & Co. to ship these goods to Alvarez at the Gallinas; are you quite sure that that is not a gratuitous assumption of law on your part?—I am speaking from my own belief; I cannot say what the law is, but I am speaking from my own belief, and the inferences I can draw from the vessel’s papers. I think the papers are quite conclusive to the mind of any man that Zulueta was cognizant of what he was doing; but as far as it is an illegal transaction it is not for me to judge, but the judge of the Vice-Admiralty Court of Sierra Leone did think it illegal, and condemned the vessel; and, moreover, the man who is put forward as captain and owner did not defend the vessel on her trial.
7973*. Are you quite sure he had the means to do so?—He cannot plead as an excuse that he had not the means, for the owner of a vessel in a British port, with a cargo worth between 4,000l. and 5,000l., I think, could always manage to raise 30l. or 40l. for the defence of his vessel.