The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-28

Indians that Territory, although they vengeance
sxS1s 1Ssn ne UrsS Of he Eed
Der Of their
Business throughout the Territory was good
THE SLAVE TRADE.
o.>ooO1>oNUo~oNooN-~oo~U
Application TO Vacate tho Order or Arrest OF
the British Officers OF the sioop Of War
sappAo, Who Sliced the American ship
Panchita as a SLAYER.
COURT OF COMMON PLEAS.
Before Hon. Judge Ingraham.
John p. Weeks u.s. Charles d. j. Odepaine and Others
may be In the recollection Of readers that the
10th Of this month"; the HERALD gave the full particulars OF
the seizure OF the bark Panehita by the British 0cers
who brought her to this port, and against whom the
marked an action for illegal seizure, laying his
damages $4,000 On application the Court order
Of arrest granted and bail fixed at SIS 0 the British
Consul becoming security On yesterday motion To
cate the order Of arrest was made. The afdavits on
both sides read and form very interesting episode
in the trade and international Law. Mr. Charles Ed
and opened the by reading the folio wing adavs-
Ciy, County and State of NeU York. ss.-Chare d. j.
Odevaine, lieutenant In her Britannia Aajesy's naval
Service being sworn mAketh oath and sah-ThAt he has
been such naval service for upwards OF niue that
he has been in such service actively the coast Of Af
ca and there In the month Of Nay last past belong
ing in Commodore's ship Scourge, Commodore
John Adams although deponent happened Of the time Of
rarV employed On board her Br.annc Majesty ship Sap
Pho Captain Fairfax Aoresby, oil Sharks point near
Ponta de Lenha, at the mouth OF the river Congo;
that this deponent had anything 10 do with the
SELLING Of the American bark Pancaia, the same having
tai place. aferward understood 80 miles up the said
river Cong that after she sezed he has under
Stood although he had nothing TO do with directly or In
recty she brought down, and anchored of
the ns ws Ss 10 a
best OF his knowledge and BELIEF seen the said Panchla
that deponen then given TO that she had
the suspicious circumstances about her, suon
overhaung necessary the belief that she engaged
In the slave trade that deponent understood ana
Heves This was done not only from such circumstances
but from the fact Of total absence OF anything Ike an
American authority or vessel And THIS opponent says,
about twelve months cruising the coast Of Africa he
met with an American vessel Of war; nor Its
on account Of such overhaulng, and while she, the
said Panchiia was 30 up the Congo, her captain,
Abandoned ali control and command Of her; and tina.
about the time and while 90 up the river Congo,
De Hesquta came on board while the said Captain
Moresby board and claimed said bark Panchta,
with any articles there might have been on board his
property (but deponen says this before he depo
believes that The ala came out 10 her on
her age from New York had chartered the whole Of
nss er a W. 70 and the .os
orders of the said A. De Mesquite at the times herein
ferred TO- this deponen gathering these acts from the
aer the circumstance before detailed as TO overhaul
ing Of the sad PAnchia and her said captain refusing
command of her; and whcu she had come down the
Congo and anchorei this deponent was ordered by
on board Of her and take her safely 70 tue
port Of New ork receiving particular written instruc
lions 70 that eneca copy o. which are hereto
and all the same are marked schedule A. And the de-
ponent says that under these orders and Others and
with prior action conduct the part Of this de-
ponent he did board the said vessel the Panchita
he bad the charge Of her with the sole view Of giving
her up TO the first srcah vessel of he should
across failing that (and which he did fAl n) bring
her with best safety and care 70 the port Of New York which
tain IssdGsn1 mate IaocseS and The crew found in her
the coast Of Africa ao coming In her (savng one
who escaped from her while up the river Congo; sha a.
this crew, they evidently not Americans unable
almost entirely 70 speak the English language and mot
able 70 answer 10 the names Of the crew on The
deponen.s arrival here; that the mate (aodse),
who was English, during the voyage stated
having hsa hin four DOZEN That on deponcns aid srr
val In the port OF New York. In charge OF the said Pan
chia he obeyed the said orders emoraced By schedule
of New York took OF her the day OF July
instant, and on the day Of the same July, she YVES
Of New York BY the District Attorney, John McKeon,
Esq., but not on any complaint or deposition OF depo
nent or Of any other officer and deponent ia: I'm
deponent has herein before detailed all that deponent has
had to do with the said Panch, and he says that Of
hauled by him, nor her furniture, rigging or
apparel destroyed, injured, or made away with,
cisely as che was when he took charge Of her
Aforesaid, (ordinAry and tear only excep,ed)
Aho, he says he was obliged to obey the orders Of his
superior officer and thereunder take charge Of her the
said Par chA and that n he had not done he would, OF
course have been subject TO court martial and 10 have
been "brokc officer And this dcponent says that
the nnth cay OF July instant he arrested defcn
dapl In this action and held 10 bail In the OF nfIeen
tbou,and doars that he never before wa, 10 the United
afnn of Apneric Ytvi n
ing neither relations nor connections here, and being
without any amount Of money or pecunary means saving
that the acting British Consul, Joseph Fowler ESQ., and
Charles Edwards, Eq counsellor at law, dob strangers
salned The Sheriff. this depoDen, must have been kept
In coee custody 10 prison, and this dcponent
says that be has understood rom hs counsel and
now to discharge or loser bail herein II copy
Of the party said Mesquite bad been furnished
inst and deponcni he's understood that the said
TO be mssd or, from having been used when the said
bark Pauchi was formerly hbellcd (prior 70 her asi
yoy ase) cannot readily be found so that deponen has 70
make application 70 the Court In the absence Of such char
TER party Also This deponent says. a. be has understood
and believes thai while The said bark Pancha
the coast OF Africa correspondents was had between A. O.
De Mesquite and " Ssdden; that such correspondence
has reason believe thai The has been inserted
through the fundamentally, wish or approval Of The
pansn and .ss aepenens nss 70 schedule - pereso N
says that the OH oers Of The United States vessel OF
war North Carolina, Dow in the harbor Of the port
Of New York, have kindly, and In tho handsomest
manner, invited deponeni 70 with them, which
temporarily doing but h absolutely necessary that he
should know precisely what under all the circumstances
OF this case must be his present personal liability and 10
what he must be personally coeroed and kept from
bis duties In foreign country under the circumstances
aforesaid Apd his deponeni has understood and believes
the plaintiff herein besides claiming damages OF this
depcntni 10 the amount Of $4,000 dollars In this action,
has demanded redress OF The British government through
the Secretary OF STATE al the seat OF government
Al Washington. Also, this deponent says that be has
read the affidavit OF acting Assistant Surgeon Arthur J.