New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-17

uCnuoi CiCChVn, 'uat hauSdS mu5b rely IOl sole
delivery from Border Ruianism and all its works.
The recent case of Valentine, tried for being
concerned in fitting out vessel for the slave trade,
is fresh proof, if any were needed of the great
obstacles which the prosecuting officers have to
encounter in criminal proceedings for that ofense.
The only witnesses who can be produced must
generally be persons who have taken part in the
unlawful voyage, and who by that circums lance
alone have covered themselves with cloud of sus-
picion In the present case one Wills, who had the
been mate of the Julia MOulton which the defend
ant Valentine was charged with having assisted to
fit out as SLAYER, was principal witness for the
Government. ItwOuld seem from the testimony Of
Grand Juror who had procured bis fellows to throw
out one bill against Valentine, and who was now
called as a witness to discredit the testimony
of Wills on the ground of his having contra
dicted himself before the Grand Jury, that
the fact of Wills having been himself en-
ployed on board the saver-the only thing which
enabled him to testify at all-was sufficient reason
in the eyes of the Grand Jury why he should not
be believed and certainly if grand jury hestated
to find a bill on his testimony, still less could
petit jury be expected to base their verdict upon it,
Thus the bad character of the very persons whom
the slayetraders employ becomes means OF pro-
footing them against the effect Of their testimony.
But this i. not the whole difficulty. Sometimes
there are persons holding position such as would
seem to entitle them to some credit, who either
fail to appear, or if they do appear and testify,
seem to labor under strange degree Of forgetful-
ness. There is, for example, in this city Mr..
Figuaniere who acts as Portuguese Consul, and at
the same time is member of the firm Of Figuaniere
Brothers. According to the testimony given on
the trial Of Valentine, this firm of Fguaniere
Brothers had good deal to do with the fitting out
of this SLAYER Julia Morton. They are said to
have ordered the stores for her, which Valen-
tine furnished IS ship.chandler, without
knowing, as was commended on his part, the
character or destination of the vessel-and they
paid the bliss and yet, if our recollection serves
us, this Mr. Fguanere, when called to the stand on
the trial of Smith, the master Of this same julia
Moulton, positively denied any knowledge what
ever of the vessel. 1t is stated that the United
States District Attorney, aware that the evidence
in this case of Valentine might touch this POrtu-
guese Consul, gave him notice to be present at the
trial, and that he promised to come, which pro-
mise, however, he forgot to keep. Had ne been
present, and had he been called upon as witness
il would not have been necessary for him to risk
the loss of his exequatOr by refusing to testify as
he did some time since in a similar case, on
which occasion, we believe, he received notice
from the Secretary of State that one other
refusal of that sort might cost him his position
Without resortng to his privilege, he might have
set nd if the witnesses above referred to deserved
belief the common law excuse that no man is
OBLIGED to criminate himself. The matter, We I'm.
derstand. has been laid before the Secretary of
State, who may perhaps be ofO opinion that person
of such feeble recollection is not exactly the man
to be recognized as CONSUL particularly as this
febleness of me mory specially exhibits itself in the
matter of vessels fitted out for the slaye-trade.
These obstacles in the way Of testimony might
seem enough to prevent frequent convictions; but
we have, besides, version of the law which, in q
case of mere fitting out, makes conviction almost
impossible According to the law, as laid down
by Judge Belts in the case Of Valentine, anybody
Is at perIeCt W uC cAhPi"ySu Az INC uttluK
out of SLAYER with full knowledge Of her destina-
tiop without making himself liable to prosecution
ONLY the master, owner, agent and factor, having
power to control the adventure, are liable under
the act of Congress; and nobody can be convicted
under it who is not, by the testimony, connected
with the vessel in one or the other of these charac.
tiers. A man may furnish a SLAYER with
supplies, may pilot her out Of the harbor,
| or pay her bills, knowing exactly the
character of the vessel - all that goes for
nothing unless he is directly connected with the
enterprise as a principal. We must say that if
this is correct Interpretation of the act-and on
the principle of the strict Interpretation of penal
laws perhaps it is-the sooner Congress passes
new law on this subject the better. Anybody who
knowingly aids in fitting out or supplying SLAYER,
whether or not interested in any way in the voyage,
ought to be made liable to the penalties Of the act
The House Of Representatives, we believe, has