Morning herald., 1839-11-02
United states Circuis Court.
Before Judge Belts.

Nov In the case Of the United States v. Isaac
Morris.-Judge Belts IN giving his decision on the
matter, said that the accused had been arrested for
serving beard vessel engaged in the slave trade
within the Of the act Of Congress of the
10th Nav, 1900
The schooner Butterfly is American built and
sailed from New Orleans in May last to Havana, re-
pularly docamented as an American vessel, with an
American crew. In June she changed her master,
(the prisoner taking the command, and shipped a
crew entirely Spanish and Portuguese, seven in
number.) The master entered into charter party
with Spaniard to carry cargo to Principe Island
or ST. Thomas, and sailed with fourteen other per-
sons denominated passengers, The cargo consisted
of articles adapted to the African trade, and such
would be taken in lawful trading voayagss, and the
same also would be necessary in tratficking for
slaves; it also all on the Spanish manifest, and
all but the materials for the water tanks the Eng
lish copy. The vessel was arrested by the British
brig Dolphin aud was sent TO this port for trial.
She had on board planks and timber sufficient for
laying slave deck, and in situation for putting up
Immediately; also, large boiler Of fifty or ffty-fve
gallons capacity, just fitted to the copPers ON RENEE
wing the two small in ordinary use and she had
up six large water tanks and slaves and materials in
readiness for constructing eighteen more being thus
prepared in the usual to vessels employed in
the slave trade.
The butterfly is about $50 tons burthen and would
carry go slaves The charter party is produced, and
the charterer who went out in the vessel examin
ed for the prisoner. The cargo was to be carried to
the port Of destination, and discharged for 600,
and the charterer had the privilege Of OBTAINING the
vessel not exceeding thirty days, at q demurrage Of
$40 per day. No provision was made for return
freight, nor does it seem that the master had funds
credit to purchase cargo, SO that any other em-
ployment of the vessel contemplated than fulfill
ing the charter contract. The charterer testified
that the cargo was worth SSO.OOO in Havana, and
wa: composed Of article: expressly adapted to the
African trade; that one Of the passengers was
tive Of the Isle of Principe and the other
chant there, who went ont TO go into that business
but account is furnished of the ether passengers
or the cause OF their being ON board.
Under tns state Of facts, said his honor, the ev.
dence prima faca, would raise strong presumption
that the vessel went out for the purpose Of bringing
back cargo OF slaves, and it is sufficient to call
the prisoner for the proof Of his command showing
that she was not to be engaged in that employmen
He does not furnish such proof. The vessel is TO be
rejected American, in the event OF the U States
ish property and accordingly IL the prisoner s GRIM
inay anenabe for his conduct ii under the I'd sec-
ton Of the act, which 10 - folIsws:-@
That shall be unlawful for any citizen OF the United
vessel sf the United States employed made Of in
transportation carrying of slaves from any foreign country
serving aforesaid shall be liable indicted therefor
csnvicton hsres shall be liable be fined not exceeding
$500 and be Imprisoned not exceeding two years.
His honor claimed that the terms Of the section
to point to the act Of carrying Transporting
slaves, as the offence specially prohibited, and to
be punished, and he might feel . good deal Of
difficulty in extending il BY applying its sonstruc-
ton TO vessels going out in pursuit Of slaves, not
having yet bees concerned in carrying them frsm
place TO another, il he was now called upon TO
give the first explanation Of the section. But find
ing that the Circuit Court had debe rately adudged
that the sentence embraced the OF q person on
board vessel slavery voyage at every point Of
that voyage, before taking the slaves on board as
well after rs Mason r. 175. The brig Alexander,
he should on this examination be governed by that
decision and hold that the prisoner should be de-.
tanned under this caarge for trial.
His honor therefore directed that Isaac Morris be
detained sntil the further order Of the Circuit
Court until he find bail in the Of 5000.