The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-10

carrying cco negroes ON board Of the brig julia Moufton,
with intent 70 make them slaves Ths seventh count,
which 10 the last like the fourth, except that ayers
the eitsenshp in the prisoner and that the barb
was foreign vessel The fourth section Of this act de-
elares that any citserof the United States being Of
the crew or ships company Of foreign shp weasel
Of crew ships company OF any ship or vessel owned
in whole or IN part By citizens Of the United States
nsvsated for or on behalf Of citizens Of the United States
If any such person shall land from any such ship
vessel any foreign Shore and seize negro muiatto
not held to service or labor the laws Of either Of the
nslato slave shah take and forcbly bring carry
or shall receive such negro or multo board Of such
person shall be adudged pirate and on conviction be-
fore the Circuit Court Of the United States for the dis
riet wherein he shall b brought found he shall suffer
the fourth except that 1t makes the confinement de-
enton OF the negro on board Of vessel with intent to
pfy this part Of the case have an abstract Of
the act The fourth section declares it to be piracy
any citizen Of the United States being the crew
ships company Of any foreign ship engaged in the
slave trade shall with intent to make any negro slave
1rso,y bring or carry or receive such negro on board
Of the crew ships company of any ship or vessel
owned In whole or in part BY citizen or citizens Of
any negro slave, forcibly bring carry or shall re-
ceive such board such American ship with the
clares the offence to in forcbly combining or de-
tanning on board ship negro with the intent spoken
SOs su m q s the on the
sale Of him slave. Now according to the construc-
ton and understanding Of these provisions the act Of
Congress, 10 necessary for the government prove
either that the prisoner indicted for this offence was
citizen Of the United States at the time of the transac
on that the vessel thus employed the slave trade
owned in whole in part by citizen citizens of
the United States We agree with the counsel for the
was not an offence according to the law Of nations and
that the government must bring the charge against the
prisoner within the provisions Of this act, of
them, In order to sustain the Indictment Is necessa
ry We have said to establish the part Of the pro-
secuton either that the prisoner was the time was
citizen the United States or that the vessel ON which
he employed he Julia Moultonl owned in whole
This raises the principal questions involved in the case
and upon which the defence set up mainly 1t will
be for you to turn your attention to the evil
dencc that has been offered to you both the part of
the government and the part Of the prisoner bearing
on these two questions for the purpose Of ultimately de.
Was was not that American shipG or was she or
not owned in part or in whole, by American citiaens
ed and simple and it will be for YOU after cali your
attention to it, to weigh and IT, and to arrive at
such conclusion as will satisfy your own judgments in
ship broker think in Boston, that this vessel was built
in the STAFF Of Name that it built for Captain
longed to several owners and he employed make
sale Of her. It therefore originally an American
proved the part Of the the BURDEN lies ON
the prisoner to show the change transfer
Of interest to an alien an or to foreigner Upon this
January last, % broker in Boston, to person known
Captain Smith He could say that the purchaser
acquainted with him to identify him. but he says that
he was present when the sale made, but not when
Of Will Win also says that prisoner at the bar told
him that he had bought the vessel in Boston for the
voyage to the coast Of Africa and at the time told
port, whose he did not give, paid for the vessel
he accompanied him to Boston for that purpose and
dence think that has been produced bearing on this
question Of the national character of the vessel except
House in New York. in which he testifes that he was
American citizen and that he was the Of the
eel OF course II he was an American citizen, then it
follows that the vessel owned by American cit.
zen, and the provision Of the statute applies Now
this is all the evidence bearing this branch Of the
and arrive at such conclusion as the facts viii warrant
It is material question: and may be turning question
States at the time this 's Transaction one 0"'so
Mr. oConor-I may here suggest that the counsel for
Smith in the Custom House in Boston in taking out her
register and in evidence that this very register
surrendered BY Smith at the time Of taking the register
Mr. Mckeon-I did not prove Smiths signature there
Mr. OConor-l think you win find you did
Judge Nelon-Now, you perceive from the provision
Of the law that If you should to the conclusion
from these facts that there vessel owned in whole
or in part citizens Of the United saes then
II regards the offence involved it is immatcral whether
the prisoner il citizen Of the United States TO-
rigner because any person whatever whether citizen
u
fence who belongs to American vessel and who engages
in the slave trade in violation Of the ctof Congress
conclusion that the vessel owned by foreigner,
then is necessary on the part Of the 20
Of the United States al the tme Of this vova~e
It must be either vessel owned in whole part BY
citizens Of the United States in order bring the
self must be citizen Of the United States And assum-
ing that you may to the conclusion that the vessel
sary for you to take up the consideration Of the other
question: to whether the prisoner citizen of the
United States Now without taking up your time BY
the naturalization Of foreigners may state generally
that an alien must be resident Of the United States
least five In order to enttle him become natu
rallied and to become citizen Of the United States.
Formerly was required Of him to reside here the whole
e mnde1 the provision has
from the United States business foreigner is enti-
tied to become nauralized at the end Of years Now
the government relies on the admission Of the prisoner
that he must have been naturalized he claimed be
citizen Of the United States He only claimed to be
citizen but he to the fact in taking out the do
cumenary evidence required at the Custom House Of the
character OF the ship and it is nasted the part Of the
government that this sworn testimony Of the prisoner
himself furnishes satisfactory evidence that he have
been citizen Of the United States at the me else he
would not have attempted to take the oath which he
time by referring to them in detail require in order
to entitle vessel to clearance for foreign port that
the master should take this oaththe oath of
citizenship and OF the national character Of the vessel
This is provision Of law, binding persons engaged in
navigation and in the commerce of the country is
doubt provision quite familiar to all persons
gagged in trade and navigation. 1t is enjoned and
forced all The neglecs omission to comply with
this provision would expose the vessel to forfeiture
To avoid this and to protect the property and rights OF
the owner these provisions complied with, and the
necessary papers procured They Of acts
Of great Importance involving the security OF property
in the vessel and in the cargo and this evidence Of ct
zenshp furnished on the part Of the Is of
such high character that the burden Of proof rests
the prisoner for the purpose Of conavcning and
ruling the cath We agree with the counsel for the de-
has taken in this criminal proceeding. He may, II with
in his Iower furnish legal evidence that the oath
rot founded in fact and that though I've soemnly tcss
tilted that he citizen OF the United States,
he may, he can, furnish satisfactory evidence
to contradict it, he may also contradict and
Gprove the other part Of the OATH namely that he was
as such Citizen sole owner Of the vessel 1t will be for
you therefore, 10 look into the evidence claimed TO
the effect Of the prisoners oath TIC first witness
that is relied upon is Catarina Monter She states she