Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-09-01

The captured SLAYER carried into Charleston
may give rise to some curious Questions;
among them the coDstitutionality of the law
against the slave trade, a question that APP
pears to be seriously entertained in South
Carolina, and the relative force of the laws of
Congress and of that State where they come
in conflict, on which subject the opinions of
South Carolina are rather peculiar;
From the New York TfiOuue
There can be little doubt that this capture
will lead TO some curious and complicated le-
gal proceedings, more especially as the cap
tured vessel, with the Africans on board, has
put into Charleston, thus affording the cap
tured slave traders very favorable venue, to
borrow term from the lawyers, for any pro-
ceedings which they may he advised to insti-
tute. They will probably set up that the
vessel however originally American, had be-
come Spanish, or at least had ceased to be
American, by being sold to foreign owners:
and as an offset to the libel which the captors
will file in the United States Court, the mas
ter and men, repudiating their claims TO
American citizenship,to which, likely enough
their pretensions are but slight, will institute
proceedings in the State courts TO recover their
own liberty and repossession Of the vessel, on
the ground that they, being Spanish, or at
least not American citizens and the vessel
not an American vessel, the commander of
the Dolphin committed hagrant violation of
the liberty OF the seas, and the independence
of nations, as recently vindicated by Mr.. Sec
rotary Cass, in presuming to capture the yes.
sci and imprison the crew. The mere cir
cumstance that they hoisted the American
flag is in itself alone entirely insufficient to
justify the capture. That, they may say, is
mere ruse,-an offset to the stralagem of the
| Dolphin in hosting English colors, and no
more bringing the vessel, her cargo and crew
within the scope of American authority than
the Dolphin'e English coors made her an
American vessel. Even should the vessel be
held to be American, the crew must also be
| proved to be citizens of the United States
before they can be punished We would in
sure the escape of the officers and crew of the
captured SLAYER from any of the criminal pen
| alties of our laws against the slave trade for a
much smaller premium than we would be
| willing to take to guarantee the captain of the
| Dolphin against being cast in damages by the
South Carolina courts for presuming to make
the capture.
Under the act Of 1879 the captors will be
entitled, provided the capture shall be held
lawful, beside the proceeds Of the vessel, to
| prize money at the rate of $25 head for each
African on board and by the came act the
| President has authority to cause the liberated
negroes 10 be removed beyond the limits of
the United States, and to appoint agents on
the Coast Of Africa for their reception. This
was an improvement on the original act pro-
hibiting the slave trade, which left to the
States into which the negroes happened to be
brought the disposition Of them, with power
TO sell them at auction or otherwise. like 9TH
er forfeited goods,-a course, which, in sew.
eral instances previously to tho law Of 1919,
was actually resorted TO in the States Of
| Georgia and Louisiana. We anticipate, how
ever, struggle over these Africans even more
remarkable than that which took place in the
case Of the Amstad negrses. II will be an
excellent opportunity for the advocates of tho
revival Of the slave trade, which they will
hardly iail to improve, TO test the constitu-
uonalily OF the acts Of Congress by which
that traihc is prohibited and should no per
son venture to step forward as the claimant
Of the negroes, or should they be declared
free by the United states Courts. there NAV
likely enough be an attempt made 10 retain
them in the State by selling them Al auction
under the State law prohibiting free ne9roea
from coming into South Carolina. Or tho
whole we shall watch the further proceedings
in this case with no omsll degree Of interest