Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-12-02

The Of the brig alerandre Sd Masonic Reports page
1S Absied and seiyed the act Of April 1918, March,
l94 and May, l6O0-At the trial the only winch
81 taned BY the evidence founded the first section of
the act OF 1900 Gu. ST. Upon The evidence Blair for the
claimant contended that there was no offence within the act
even uppoug the vessel in the slave trade be
cause no slaves had been taken we're on board dur
lug the voyage for which TO
bring the case within the act.
Blake District Attorney csntendd that the employment
IA the slave trade the thing prohibited by the ac and
were not necessary to be taken on 10 d to complete
the offence He cited the Patburg before Judge Van Ness
at New York, and the Fortune :: q Dodson Sl)
Judge Story saids The first OF the act Of 1900,
81 which alone this prosecution be maintained
that shall De unlawful for any czeu Sc directly nd,-
recty tohd or have right property in any vessel
ptoydo made Of The carr, iog of
slaves from &c. under penalty of forfeiture Tie question
whether the pena the Of the
vessel for the business and for the purpose of transporting
slaves whether ranspor tation My opnion 10,
that the fof the true construction Of the We often
speak Of vessels employed in the coastng trade and fisheries
and the acts of Congress the language When actual
transportation actual fishing nended but the pu
pose and business OF the the coassg trade and fish,
And has been doubted that vessel licensed
for the coastHg trade and fisheries and voyage for that
purpose was truly tmoedn such trade or fisheries although
goods in the of actual
fisheries had been yet attempted"
Let look then, the claims Of these statutes Here
the Judge recited the acts aud that
fitted out Tor the purpose of the slave trade may be
aud accurately SAID to be employed in that business and
ryng she has sailed the voyage il
what POI Of he voyage the is captured her eater
prise the slave trade and act done such
an act Of carrying IN In the of the Fortune bod
son, Sissy sir William Scott held similar opinion.
therefore, interpret the language of the first By the
language ohe third and fourth and think that the legislature
intended the thing all and that is that the en ~
In the business for The Of the slave toe
aud not merely the actual transportation Of slaves, should Dc
prohibited and punished"
Decree of condemnation affirmed.
The learned gentleman said, tina, notwithstanding
this dec sion of Judge Soiy ought TO be reversed
as the LIST sec. Of the shoad be consonant with
the "a and Sd sections ~ The same which cOntem-
pleted afnj con, un~ton of the offence, and which
censummton should consist, order 10 satisfy the
words Of the secton, the actual receiving board
OF slaves IN order 10 constitute the carrying of
slaves. he contended, also, that the slave trade had
been protected by the constitution, and up TO the
year lS0S slaves had been introduced into this coun-
try from the coast OF Africa.
Mr.. Butler sustained thu views Of Judge Story
and contendcd that the offence complete il the
vessel was fitted out 10 carry slaves.
Mr. Cutting supported the opinions of Mr. Ham
ltOn.
The court said that though they might differ in
their views from Judge Story, yet comfy required
hat, as they circuit judges, of equal jurisdc-
ion, their opinions should not clash; and il was
therefore important that the true construction Of
hese laws should b. understood throug the
a states and, in this view, the court had concluded
decide ia the present case and to send their opin
ion to the Supreme Court Of the United States for its
ultimate adjudication.
hat it difficult to procure the attendance Of the
oreign witnesses; that their testimony in case the
decision Of Judge Story should be sustained by the
supreme Court, should be used on the futu trial
'f the present case and that the jury be discharged
without verdict, and the prisoner remanded; also
hat the case Of Peterson take the same course.
The court then adjourned.