The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-27
The Slave Trade i'm the North-C0ndsm-
nation or tho Orion.
UNITED STATES DISTRICT COURT.
Before Hon. Judge Hall.

The Slave Trade I'm the Horth-COndem.
nation or tho Orion.
UNITED STATES DISTRICT COURT.
Before Hon. Judge Hall.
The Unied States u.s. tae Bark OrJon dc Tho nbol OF
Information in the alleges the seizure Of the Orion
her tackle apparel furniture and sdng, tho 2ss or
April 1859, the high seas, the wes,ern coas, Of
Africa the mouth Of the Congo river by the United
States sloop Of war Maron Commander Thomas W. Brent
that said bark heretofore w.t. on the Goth day Of
January 1862 equipped loaded otherwise prepared by
citizen citizens Of the United States, at the port Of
New York for the purpose Of carrying trade raf
hc in slaves 70 some foreign country or for the purpose OF
procuring from some foreign Kingdom, place TRY
Inhabitants thereof TO be transported ~ foreign
country to be sold disposed Of slaves contrary
the act OF Cong ess, approved March 81 1884, enued
can act to prohibit the carrying the slave ra from
the United States 10 any foreign place country" The
sci being fitted, equipped, loaded and prepared at New
York for the purpose o procuring negroes, mulo0es
persons Of color from some foreign country ~ be trans
ported 70 port place be held Sold otherwise
disposed OF as slaves TO be held to service labor
trary to the act Of Congress approved April co. l88 aud
entitled IAN at in addition to an act TO prohibit the IN
Production mp0rtaon) Of slaves into any port place
within he jurisdiction OF tho United States, from and after
The first day Of January $685. and to repeal certain parts
Of tho same" Tho bark is claimed by Il. Vuing and
the iading by D. Miranda, by his agent T. p. Canhao
the question the ia whether the vessel M
,sd out anu FOR me save trade ~ ne
in this case, wholly upon circumsantial evidence In
Decd il must, all cases Of this kind, depend mainly
~ taken slaves on board The bark is vessel Of about
$50 tons burden built Ia lS48 charter party, found
among her. papers EXECUTED n ny Vpng 70 Miranda bear
for voyage the west coast Of Africa and back TO Now
York, for The Of $3.50 per calendar month. Ab Of
ladiDg found board dated l9h January 1852
10 show the shipment by Miranda OF miscellaneous
assorted cargo sned 70 Frsbad Pinto Canhao and TO
0e M "a ana m ana s
BY Miranda at Si4,ss2 IL, including commissions and
charges They were, however, appraised by apprais
the Court, at s5,sas IL. very small portion
OF The provisions, &C., might have been consumed
~ the crew Tbs Was ~. a small cargo; The oSer
Of the officers in charge after her SEIZURE stating
she had from third to one-hal cargo, and tho mani
OF the l6S casks board filled with water for
ballast. On the Goth January, 1852 she was registered
anew in the name Of vning as sole o~ner as change
of ownersJohn r. Hannah being the master named In
the register On the same 10th January, 1852 the
list and manifest were sworn 70 at the Custom House by
Hannah master, the crew named being the as
appeared upon shipping articles by which the crew
sgrced to render themselves board 81 eleven A. OF
that day. A copy Of these shipping articles, which
certified by the Collector on The same 10th Janua
ry 1859, 10 Produced annexed to which is ccru6
cate Of John Edwards, notary public, dated the same
S % ba s%sSS ~ ,a
LETT the Orion at the port Of New York during tho inter
lapse Of clearing ana sailing ana that twelve others
shipped in their stead Ten Of these last named twelve
seem TO have signed the shipping articles by their
marks and opposite the Of three others signed
to the same articles is entered the word "desertedn
The bark, though q small vessel had two decks-the
spar deck and half between deck-a second deck
mencing aft and coming forward TO the main hatch ana
forecase hatch while between these half decks ihcrc
beams running the vessel three four feet apart
wen could be d 70 this deck
slowed In the vessel invoiced and manifested partof
the cargo found about II 900 feet Of lumber which
could have been used to complete this deck 1853 casks
most Of them apparently intended for water casks, ADD
averaging $50 gallons each, and nyoiced at 81 $40
galons $50 buckets, without handles 200 barrels navy
Bread 80 erccs containing about 20 600 pounds Of 1f
ror rce IL containing 240 muskets about 300 feet
In length Of hoop iron the manifest bill Of iading
EPSON salts canthardes plaster simple cerate and pow
dered mustard Also half barrel Of faxsced, quantity
Of rewood and about ton Of COAL two copper boilers
or stills, holding some sixty gallons each; quantity OF
beef, pork and beans, and about hundred bottles
of disinfcctng fluid, chloride Of soda in solution.
Besides these, the cargo made up principally Of
cheap shrtngs and sheetngs, cheap stripes and drills
cheap prints, cotton bandkerchies, very cheap carhen
ware, including large quantities Of bowls and soup plates
24,0O0 gallons OF rum, fifty dozen Of spear point
knives, &c. &C., &c. The vessel sailed from New York
direct to the mouth OF the Congo river and after the
sci Of detained for time suspected Of being
intended for engaged in the slave rade and the mas
ter appears BY the ogboo there proposed to abandon
the vessel prize to this British This op
poscd by the mate and crew, who declared that they
not conscious OF having done anything Illegal and
5 were vee s q give R the snip hey
then sought tho Marion and the Orion searched
Of the claimants contend that tho articles found on board
proper articles Of legal trade and that the proofs
are not sufficient to warrant condemnation. 1t is
true that they might be articles Of legal traffic. but all
the circumstances suspicious. Tho almost entire
change Of the Goth of January the character Of
slaves to be used as provisions for them the extraor
binary quantity Of water casks under OF their bang
intended for palm OIL though the vessel was apparently
seeking part OF the country where the trade in
palm the antecedens Of the supercargo sent with the
vessel also was Portuguese, who by his own account
mao mac oSih on ne coast Or africa
charter party at $3.50 per month"; with but third
Onehaf Of cargo and other circumstances convince
ehe intended and fitted out for the slave trade Tue
ordering Of the casks by Vning the owner though ship
ped part OF the cargo owned by Miranda the charerer
is perhaps not fact Of much significance but tn, copper
boilers, which timed inside and cert,nly quite
well calculated for use as the coppers OF slave vessel
quite significant 1t is they ordered to be made
under the Of stills and caps but there does not
appear much indeed any reason to suppose they
intended for any such purpose For that purpose
will be necessary to be added and as
ordered with them, the manufacturer called Mrandas at
tcnton 10 that fact and was told by Miranda that he
had the worms for them. No worms were shipped
with them, no evidence was given that there were
any owned by Miranda, and cannet but think that
the calling Of these boilers rum stills, and having
them made in the form Of French STILL and the STATE
men the manufacturer that he had the worms fer them
only intended to up the real motive in procur
ing them The exculpatory evidence is not of much
weight unless credit is given to the testimony Of Canhao
the supercargo who put in agcnt the claim Of Miranda
for the cargo, and whose deposition read upon the
hearing. The deposition Of the mate II entirely reabs,
is not Of much Importance, Canhao undoubtedly
the person to whom the real object Of the voyage was
best known and probably Canhao and the master were
the only persons who know that the vessel ted
to be employed in the slave trade, II such the fact
Canhaos testimony is not, in my Judgment to be relied
upon. If he had boon produced, and examined, and
cross examined in court, might have received different
impression but do not think his testimony Ia sufficient to
cxoperae the vessel and cargo, especially vnng aud
spect the property claimed by the other has been
produced offered witnesses, and Miranda did not
demur TO tho answer put in in his behalf By Canhao
am OF opinion therefore, that there must BIZ decree
Of condemnation, with costs.
Common Pieas-Gcneral Tcrm.
Before Hon. Judges Daily (P ~, Brady and Hilton.
The following decisions appeals from the Marine and