The North-Carolinian. [volume] (Fayetteville [N.C.]) 1839-1861, 1858-10-30
Jurisdiction in Slave Trade Cases

an Application as 10 OF dnarlly needed
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Jurisdiction in Slave Trade Cases.
We extract the following from the charge
Of Judge Sprague to the Grand Jury of the
Massachusetts Circuit of the United States
Court, as reported in the Boston Journal:
Among the capital eases to be examined
was one known as piracy, usually considered
as robbery on the high seas. In this Of
fence, however, CONGRESS- has enacted spec
lal statues, one of which cnacts that robbing
vessel, running away with vessel, stealing
feloniously from vessel to the amount of
S3O' shall be considered as piracy.
! Another special law makes the carrying
on Of the slave tr ade to be considered as
piracy. In 1874 United States citizens
were forbid to carry on the fcreign slave
trade, and in 1907 the importation of slaves
to the United States made a capital
offence of this nature. Now, to be engaged
| in the slave trade, in general, is denomina-
ted piracy, and is punished capitally. One
such case, he sorry to say, would come
up before the jury; but as he not inform
ed to the particular evidence to be
brought forward in the case, he should give
no special instruction to the law to be
applied to the evidence.
On one point, however, he wished to say
a few words, and tho sc to apply to the ques-
ton of Jurisdiction. BY the constitution of
the United States, all offences against her
laws, committed within the limits Of the coun-
try, are to be tried within the State and dis
trict where such offences were committed.
This is provided by the constitution. For
offences committed on the high seas the con-
stitution makes no special provision, but
has left it for Congress to enact such laws as
may be deemed proper. On this point sew
eral acts have been passed, one in 1890,
and another as late as 1885. BY the gen
eral provisions Of both, it is enacted that
when crime is committed on the high seas
the offenders shall be tried in the district in
which they are first apprehended, or into
which they are first brought after the offence
is committed. But from the terms of the
statutes some doubts have arisen to their
true meaning, and to the true exposition
which should be given them. The one stat
ute contemplates that party may be found
in a judicial district, and if first apprehended
there, there he is to be tried, and the other
has reference to cases where the party is
brought into the district, and the question
arises, what is the meaning of the term,
s'beng brought into district?''
The true Interpretation Of the term SEEM
ed to him without doubt to mean the first
district into which a prisoner is brought af-
Ter he Is dppreUeUueu. n SallOf may COM
nit an offence on board vessel, and be
taken into port, and from thence taken to
another port and district, and still be appre-
hended and tried in the latter for it is in the
district in which he is apprehendcd that he
must be tried. But there are laws Of the
United States which give certain officers of
government the power of apprehension on
the high seas; and party thus apprehended
must be tried i'll the district into which he is
: first brought. If first brought into the dis
trlct OF Massachusetts, then he must be tried
+ there; if first carried into another district
then it is there that he must be tried.
Under the various slave acts OF the United
States, authority is given, and it is made the
special duty, of all officers Of the United
States Navy, to cause crews and Vessels
found engaged in the slave trade 70 be aP-
pretended, taken into custody, ana brought
to the United States. Under this authority
! it appeared plain to him that party arrest
ed on the high seas for violation OF the
slave acts, is certainly there apprehended'
within the meaning Of the laws. and must be-
/ tried in the first district OF the Z. otates
into which he is brought .
= nsy~Some precious poet defines beautiful
, extract to be helping young lady out OF a
! mud puddle This is almost as bad as the VII
of Hartley Colerdge, who once being asked
which of w Wodsworth's productions he consd-
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