New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-26


weasel which il going on. or a slave voyage, IL ne
SAINT in hind though perhaps Dotis degree, with thai
of the barrscoou owner who sells, or she master
who stows, tho raw article between me- decks ba'
for what he and those like him do, the slave-srade
would be hing of the past in fsct, a. 1T 10 IN
theory and by the staute books OF ali civilized ma
tions. But as the law nov stands, and Will doubt
les be construed by the Supreme Court, II the
ope,tion ever reaches that tribunal-Judgee Neisoa
and Belts though, the point too clear to warrant
division Of opinion between them, in which case
alone an appeal lies to Washington in crimiaal
causef-ss the law now stands, man who entirely
prepares a vessel foT sea and vDs her himself up
10 The moment in which she weighs anchor Or
Africa, may clear himself from all liability in the
premises by sale al that instant. For he has not
fitted her out with intent to employ her himssJ IN
the slave trade He means that sheshall be SO en-
poyed; he has lent his energies for months past,
perhaps to that end, and has been at the pains Of
freightDg her with all things necessary for sue
cessf'j cruise Of appointing master who is nilar
with the coast and seectDga crew who are heart and
hand in the adventure. He has taken every means
of guarding the vessel from detection, and at length
after practically shariog in the proceeds Of the
voyage, guarded himself by transfer of title. But
he s not directly interested; he mas control over
the vessel and So goes scOs free. The law must be
amended so as to cover the case Of every pefsOn
who in any way whatsoever, voluntarily aids 10
bulldog, loading, equippDg, or fitting out vessel
which is to be employ ed in the slave trade.
Among other provisions to be Incorporated into
the law Of the slave trade, should be one designed
to bring all persons who sail from our ports on
shaving voyage within its operation. Others Of the
crew of the Blaman beside William Pent would
doubtless have been convicted, had residence
within the United States been proven upon them.
And If Capt Smith had been shown not to be for
eipper, he would have suffered death instead of
paltry three years imprisonment. Every parry
who uses our soil for an unlawful purpose should
be considered as within the full scope of our crimi-
nal statutes, especially if his native country has
also prohibited the ofense which he commits.
The claim ant of vessel arrested on suspicion of
being SLAYER should be required to prefer his claim
in open cosrt in person. Nothing could show the
utility of such provision better than the case of
the Braman. Manuel Fraga was signing claim
az her owner before one Of the deputy clerks up
town, while Deputy Marshal was seeking to
execute a warrant issued against him as such. AS
soon as his claim was fairly filed, he left town for
good; and he now purposes to pocket the proceeds
of the sale of his vessel ia ase she is not condemned
and a. the same time to avoid the penalty which
might attach to bis claim if tue. Had an appear
ance in open court been requisite. we apprehend
that no one would have heard Of HIM or his coanec-
ton with the Braman. 1t has also been suggested
that the collector should be empowered TO require
bonds in the case Of every suspected vessel in
double her value conditioned tina. if she does not
safely return within certain specified time a
satisfactory account of her whereabouts shall be
rendered; but we are unable to zee hOI such a
course could prevent transfer of the vessel on the
coast of Africa.
But the difficulty will not all disappear with the
passage of there necessary statutory provisions.
Obstacles inherent in the nature Of the business Will
still remain in the pa'h of justice. The ease OF
the Panchi,a fully proves that the cargo off SLAYER
differs so little from that of vessels engaged in the
lawful trade-n which at least fifty vessels, ac-
cordiDg to the statement OF a witness ON one OF
these trials are aispat he'd yearly from New-York
to Africa-as to make it difiicuis legally to dlstil
pmsh the one from the other. IL il made up OF the
same articles in essentially similar proportions.
And what, indeed, binders SLAYER from killing two
birds with enc stone by taking out articles which
she may trade off for negroes, either directly or
through the agency Of the factories which drive a
brisk trade between the natives and chance vessels
in the immediate vicinity of the slsve-barraeoons
Her wisess course is to go prepared to take cargo
of slaves on board in case a good chance presents
itself; but in default Of the dishonest dollar turn
an honest penny.
But if the indirect evidence from which to pre-
sumo guilty intent is in future likely to be very
weak, the direct can be little stronger No pru-
dent merchant, no sly Portuguese, will be likely to
maize clean breast Of his design; and the only
witnesses, at the best, who are knowing to the
facts, are suspicious characters, such as partici
pants IN the traffic, sccomplses, iDformers-men
whom jury is very slow to believe The most d.
rect and positive evidence on the part of persons Of
this case against several of the parties lately tried
seems to have been regarded as worthless by the
juIes who heard it, or at least % more than cOun.
terbalaDced by testimony bearing on the general
good character of the accused. The case Of the
Pancbs, in short, proves tina. it will be all but I'M
possible in future TO convict vessel seized at the
port of departure of being SLAYER. She must be
caught in the overt act to render the proof penary
against her and her crew. Her owners and fi..ers.
out can then be convicted, if known and arrested
in season.