Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1859-04-20

Judge Campbeil's Charxs--Laws for
fhe African slave Trade.
Fron ne n. o PiossmeJ
The Circuit Court Of the United States, for
this circuit, commenced the April term for the
Alabama district on Monday last. Judge
Campbell delivered a remarkable charge to the
Grand Jury, which we find published in the
Mobile papers Of Tuesday morning. Itls main
y devoted 70 an exposition Of he law, and ne
duty OF Grand Jurors in regard 70 sefeIS.
topics upon which the public mind Is very mnel
occupied at this time, among which ne cniet
In interest are the African slave trade and ne
hlibusteung expeditions. On these topics -
! Judge LAYS down the law with great force, nj
n~uteness and distinctness, and e~ntorces y VIII
no eouivocal EXPRESSIONS Of his own thorough
detestadon Of the practices and agents con.
cerned In either. Whatever may be thought ot
the judicial propriety Of giving such decided
u-ttsrance Of personal opinicns or o. NE soela-
ness Of the exposition Of Law, a is not TO be de-
nied tbat Justice Campbell takes the responsi-
bilitv with the unhesitating tone al hearty con
Eviction and unfinching real.
I viii be difficult 10 impugn his EXPOSITION
a. the law. We wish we had space 70 gtve1e
whole. bat we can only Afford a summary OF
his points, and a rapid sketch Of the manner
Of treatment. The crime Of treason n nrst
treated Of and defined, 50 a. to include any
Il .MNuIIeLUla. OF AA1ALM u n ANAN ~ -
/ compel By force either department Of the Gov
eminent 70 ahdicste its functions, or 70 resist
with violence the authority and execution OF
anv law OF treaty Of the United States. No
direct Application Is made o. thls defnition,
but the connection shows 4 was meant 70 afhx
the penalties OF treason to any popular resist
ance BY violence 70 the execution Of the duties
Of the Federal officers, or 10 the Federal Jn-
dietary. in the enforcement Of the laws OF the
United States. The Judge proceeded 70 *
hound the laws which are violated, and to
which il Is implied that tbs resistance Is con
templated-whieh he explains TO be "treason."
We apprehend there viii be . very reselute
| dissent from this doctrine Of what makes these
/ ofsnses treason within the meaning Of the
/ Constitution but we intend only 70 state, not
to debate the Judges views.
The crime Of "pirscyn Is next defined, as a
/ crime against the law Of nations, which has
disappeared from the high seas, butthe dsfni-
ticn IS applied 70 explain the municipal crime
created b. statute, IN making the African slave
trade piracy By our own laws. The eharae-
l ~teristics Of that ofense are said 10 be the same
as that Of piracy, and the authority Of na-
tional legislation 10 deBounce Il as such isfuliy
asserted. Next comes the Judges description
of the moral ~enormity Of the ofense and the
provisions By law against the actors therein.
Ths act is pronounced sn act Of robbery
and scarcely a voyage is made IN which mur-
AEL Is MNL ElMlllAlke4s L0 N4E AMAlE4AaAg
agents and instruments Of this Infamous trade
he act Of Congress MAY, $780, provides that
the penalty OF death, as for pirates, shall sp-
ply 70 every American citizen belonging to
any vessel " who shall land from such a vessel
and f0rciblY seize or decoy, or bring or carry
away from any foreign shore. or who foreibly
detains or confines in any such vessel any ne
20 OF mulstto who Is not a slave under the
laws Of any Of the States, or who attempts 10
call ~ go anrh = nnwemw ~ = afaun - HawHn
him from the sea, OF transfers him 10 another
weasel to be landed and disposed Of as a slave
But not only the actual perpetrators Of the
Grim alone, are included IN these liabilities 10
law. Those who on land speculate in the trade
are also criminal, and the laws have penalties
for them also; no citizen Of the United States,
as owner, master, factor, can build, equip, fit,
load or otherwise prepare any ship or vessel,
or engage one 10 sail from the United States
for the purpose Of engaging in this trade; nor
can any citizen Of the United States take on
board, receive, or transport from any Of the
coasts Of Africa, or other foreign place or
country. any negro, mulatto OF person Of color,
not an inhsbitant nor held to labor under the
laws Of any Of the States, for the purpose Of
holding, selling, or disposing Of such a person
az a slave. The ships 50 employed are for
feited, and the persons concerned in any Of
these acts are exposed to fine and imprison-
meut
There is another class Of offenders against
the law % whom Judge Campbell especially
draws the attention Of the Grand Jury. Il
consists Of those who hold in custody and
ownership, or sell, or dispose Of Africans
brought into the country in violation Of these
statutes.
He shows that, BY the act Of Congress,
neither the importers nor any person claiming
under them has any right OF title, as property,
10 any negro, even for a moment. Every such
holding is a false Imprisonment, and the law
makes it a crime, with heavy penalties. Every
person who shall hold, sell, OF otherwise dis
pose Of such person so brought in as a slave,
OF be aiding OF abetting therein, . is liable for
every ofense to a fine thar may reach ten thou
sand dollars, and an Imprisonment that may
reach sever years.
The Judge proceeds to charge, that if a
party Of Africans newly imported should be
foand for an hour, in any part Of the district,
in the custody, or under the power Of q master,
OF agent, OF overseer. OF factor. or broker,
either to be held or 70 be sold or disposed Of
as slaves, the penalty would be incurred.
On an arrest, the burden is placed upon the
holder Of such negro, to prove that The negro
has been more than five years within the Uni
ted States.
In addition to the penalties imposed upon
The criminal holder, the Law gives a bounty to
the party who shall give the information, and
i aNANE LaAlNNcA AUS AAaA ~ DA1AAAIA 1LAAA
has the power to take measures for securing
the appearance and delivery Of the negroes IN
trial
This completes Jadge CampbelPs exposition
Of the slave trade acts, which are properly
OXIDES 20 the inquiries Of the Grand jury into
imputed ofeusss against them. II is followed
BY a historical review Of the origin Of these
acts, and the IN form support they have re-
ceiVed BY men OF al sections Of the Union,
and especially from leading statesmen Of The
South, with q repetition Of the moral and po-
litical motives for enforcing them rigidiy a.
this tine. As they are not parts Of the Judi
cial or legal questions, we only note the con-
GLIDING passage which is in the following
terms:
For more than fifty years has the prohibition
Of the trade been absolute, and during that Pc
Rod al the indications were that none would be
willing 10 take any step backward. lam sure
that when the prop ositlon to reopen the trade
was submitted from some responsible source,
that the whole country was astonished with
a great astonishmsnt.
Ian sure that the fraudulent and practical
efforts that have been made 20 make slaves Of
Africa. in dispits Of the treaties and laws Of
the United States, can awaken no other senti-
men,s than those Of indignation and disgust,
and prompt TO no other resolutions than those
that viii aid 10 maintain the supremacy Of
The laws. In references to the attenpts 10 vlo-
late them IN this district, I invoke your active
and dligsnt efforts 70 bring The malsfaeiors 10
justice.
The greater part Of tie remainder Of the
charge Is occupied with a resentment in the
strongest possible terms Of emphasis and con-
yction, Of the judges views IN regard to ILL
clustering expeditions, and 10 the meaning and
sfeci Of The neutrality laws. They contain
no,hinE additional, except the notice which Is
given q the line Of dsfenss set up BY the Near
aqua eNpeditionists last summer, that they had
the sanction Of The President and members Of
the Cabinet for their enterprise. ibis Judge
Campbell treats as g a misrepresentation, or
rather an invention which has been the com
mon device Of an projectors Of unlawful enter
pTises, Of whom be instances Miranda and
BUR-. He cites legal authority to show that
such private authorization Of an Illegal prac-
tice, would Be, if true, utterly invalid, and
would have no effect whatever in relieving from
accountability to the law.