New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-07
La " NIEZLIGENCE.
THE SLAYER HAIDEE.

L. 5. COMMISSIONERS OFFICE. Ocr 6-Beiore Mr.
KENNETH O. WHITE
When the case of the SLAYER Hsdee came on for a
further hearing to-day Mr.. White gave his decision
on the motion to discharge the defendants.
He said that he did not consider it necessary for him
to pass upon the second point raised by Mr. Josohns
sen because the frat point sufficient to dispose of
the case; that that the warrants and affidavit
were entirely insufficient
Mr. Sedgwck said that IN anticipation Of this he had
issued new warrants based upon the 4th and 18th
tons of the Act of May 1920; aso the Sd section
of the Act of 1918 declaring it to be penal ofense
to transport slaves and also under chapter 81 of the
Act of the 10th of hay, 1850. Besides this he had
caused separate warrants TO be made out on each of
these charges. He was now ready 70 go ON with the
examination on either of these warrants.
Mr.. Joachimssen thought it was the duty of the
Dstrict-AttOrney to elect upon what charge he would
proceed first. There was capital oiiense and msde-
meanor charged, and it was certainly no more than
right that the DistrctAtt0rney should say which of
these charges he meant to sustain.
The District-Attorney said he claimed to hold the
parties for capital oense committed under the 4th
and 5th sections of the act of 1870 making il a ca a
ofense to land on foreign shore for the purpose OF
procuring slaves, or for receiving selling or transfer
ing them for the purpose Of making slaves of them.
The act Of 1918 makes the offense Of transporting
slaves merely pcna offense and declares the punish.
ment to he from three to years Imprisonment
and fine of from 81 900 to 5000 The act Of 1903
makes the act Of voluntary service on vessel en-
gagged in the slavetrade punishable by fine of $4,000
and Imprisonment. He was willing that the eIamna.
ton into the capital ofense should proceed first.
Mr.. Joachmssen submitted that the District-Attor-
ney dsavOwed the fact of the ownership of the vessel
Mr.. White stated that he should receive her clear
ance from this port evidence that she Ameri
can vessel
Mr. Joachimssen then said that there was no charge
against these men, only sworn inference under the
5th section Of the act. The language of the 18th Sec
ton of the act, too was land and seize, while the
words Of the affidavit /" seize" The vessel was
on legitimate voyage until Nieyra took possession of
the vessel and went to the coast of Africa with her;
hon OH of np frl,sl and
the direction of the owners, when sbc took board
the slaves. Those who simply nayigated the vessel
and did nothing more, were not guilty Of taking,
receiving and carrying away, according TO dec-
sion of Judge Belts.
MIR. Sedgwck said this was decision under the
first and weakest law passed by the United States
for the suppression Of the slavetrade. These alida
Wits were not to be read for the purpose Of finding
flaws in them; hut to find their clear meaning. Mr.
Sedgwick reGted the main facts of the case. He
asked only whether these men were not charged by
the afidavits with the precise crime defined by the
statute. If that crime was committed, the statute
particularly included the screw and ships company
"o any person whatever" The statute perfectly
and absolutely covered every possible form of the
ofense. Could the Commissioners doubt that, taking
that affidavit to be true the prisoners were guilty OF
the charge
Mr. Joachimssen said that the Distrct-Attorney al
mted that he had left out Il portion of The charge
under the fourth section Of the act. He read from
Justice Storys opinion III the of Baptste. There
was nothing fraudulent in the clearance because ne
ilsidee made the voyage for which She cleared. In
lie of Baptste, he the only man of the crew
who co6peratcd in taking the slaves on board, and
Judge Story held him alone on the capital charge:
He thought that the act intended To make it capital
crime to take receive transport with the intention
of enslaying M who had nO such Interest IN ~
control over the blacks thai lac could or could not
make them slaves "a he pleasedno such man could
be held On capital charge, although he might be
held on minor charges.
MI Sedgwick followed, maintaining that the statute
was amply explicit TO cover the case. The decision of
Judge Story applied to case where the negroes were
taken from place where the traffic lawful 10
another place where il was equally lawful.
The Commissioner thought the warrant sufficient.
The examination was adjourned until Friday at III
q III.