New-York daily tribune., 1858-09-10

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putting into thi. port has been deicsted. at least
for the present by the refusal Of the commander OF
the Sabine to receive the prisoner. on the ground
that he Lad 10 warrant for bis detention, and that
Lieut.. Mafitt has thu. been obliged 10 take the
SLAYER captain on to Boston.
We cao well understand why Charleston was
selected as the port to which the captured Africans
! should be sent They were in a suffering condition,
and il was de.rabc TO get them Oh shore as speedily
g. possible. We can understand. too, wh! at least
part OF the original crew OF the SLAYER should have
been sent in company With the Africans. Inc
/ prize crew put on board the captured Echo were
entirely inexperienced, far the management OF
srch o cargo was concerned and ii might be
necessary az the fact proved, TO call in the aid and
assistance Of .hOse who understood that business
! better. Eut Ye are not aware of any reason.
founded either On law or expediency, why Town
send the captain Of the SLAYER should be sent 10
( Charleston to be tried. He j. by this time We
suppose. in Boston. and Boston, as il seems 10 Vs.
! is the place where he Oaght 10 he tried. The
refusal of Capt. Thorbum of the sabine to
set as temporary jacr or to take the respon .ibity
of sending the SLAYER captain to Charleston on the
ground that he had no warrant for such proceed
Ing appears to Us extremely wei founded, and We
apprehend that similar objection viii stand in the
way of the transfer of the SLAYER captain from Bos
ton to Charleston. We are not aware of any su-
thOrity appertaining to Lieut. Mafitt to make any
such transfer nor Of any power to do it on the
part of the District Judge or Circuit Cour, Com
D kaf.r Il.
examination may be had. Upon Capt. Mafhtt's
arrival at his port of destination, Ia which ne has
been ordered by the Navy Department, his power
over his prisoner ceases Ii will then be his duty
10 hand him over to the civil authorities. The
United States Courts at Boston have just as much
authority TO try him as the United States
Courts st Charleston and proceedings in
the case having been commenced at Boston,
We are not aware of any power by which
they can legally be transferred to Charleston.
There is no necessity that the master and the men
should both be tried at the place nor if this
We're necessary, any reason why the men should
not be sent TO Boston instead of sending the captain
to Charleston. If one part of the ships company
is to be considered sppurtenant to the other, it
him instead Of being himself drawn after them.
1t is he who is the principal criminal. He under
stood from the beginning the object of the voyage it,
indeed he not chief party in setting it foot;
while the men. at least part of them, seem not
to have been initiated into the object of the voyage
TIL after the sailing of the vessel II would
likely, too, from the previous history Of the Put
H., =. - ,la tr-t ala A hfoh
she and her master have been engaged.
Apart from the legal obstacles in the way, there
are other strong reasons why Capt. Townsend
should not be sent TO Charleston 70 be tried.
Should that be done, and should he be- acquitted
result which he at least confidently anticipates
such termination OF the trial would occasion
great scandal. This is not case in which such
result could be plastered over and excused by any
suggestion of failure of evidence. No question can
be raised about the citizenship of the prisoner.
He is confessedly natiye-born American. He
makes no of the history of the voyage and OF
his connection with it. Were there other eyi-
dence his own statements, voluntarily made to the
reporters for the New-York press, would he abun-
DAINTY sufficient to convict him. He proiessed.
the sole foundation of his confident hopes of ac-
quital the expectation that he was 70 be tried BY
South Carolina jury: and to send him 70 Charles
tou 70 be- tried would hardl, be otherwise regarded
than as intended 10 afford him an opportunity of
escape.
We protest against putting this new pressure
upon our Charleston friends, already quite over
burdened The presence among them of the hber-
sted Africans, subiecting them, as il were, 10 the
tortures of Tsntsus in seeing and handling without
being able to seize and 10 swallow; the morafca-
ton Of having already seen marched through their
streets the crew of the SLAYER. roned and charged
with capital ofenSe merely for having engaged
in business between Congo and Cubs, which, as
between Virginia and Carolina. is both lawful and
accustomed, and the temptation 10 Commit perjury.
for the rescue Of these men. to which the citizens
Of South Carolina liable TO be drawn as jurors in
the United States Circuit Court already stand sub
iected-a this constitutes, IN our opinion, quite
heavy burden Of responsibility as the good people
nj the City of Charleston can well s,sgger under.
In reason and conscience they ought not 10 be SUBJ
iected TO any additional temptations Of this sort.
II Can't. Townsend were citizen of South Caro-
lima. there might appear some ground IN that cir
cumstsnce for sending him 10 Charleston 10 be
tried. As he is New.Englander, his trial msy
well he Left TO New.Englsni. where. We apprehend.
an example msde viii not he al all unreasonable
Th, Coxrier and Enqrirer expends a long article
IN ,be rriteration Of the stale snd empty charges
by which it attempts TO defeat the election Of Mr..