Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-05-04
Multiplying Decisions to be Pondered.

The Federal Courts, correctly remarks the
Albany Evening Journal, are fast attaining a
bad eminence in the way of Pro Slavery Deci-
sions. In the Dred Scott Case the sanction OF
the Supreme Court was sought to be given to
political theory, which was not before them for
adjudication and which was as repugnant to the
spirit of our Republican institutions as to the
common sense of mankind. In the trials of
Slave Traders, shortly afterwards, the judicial
ermine was used as cloak for that neiarioua
traffic, and lOOp>holes discovered or invented
by which confessed Pirates were discharged
"unwhipt of Justice"
But the crowning step in this latter business
has been reserved for Mr. Justice Msgratb, of
the South Carolina District, who has undertak-
en- To Ojudicialy nullify the entire Federal Law
against Slave Trading
| The substance of his remarkable decision,
rendered in the case of Capt. Corrie, Of the
W anderer, is, that the provisions of the act of
| 1920, declaring the Slave Trade piracy, apply
only to persons who have kidnapped negroes
on the coast Of Africa, not to those who buy
negroes in Africa and bring them to the United
States to sell The ship caught in mid ocean
with five hundred manacled blacks under her
hatches, bought and paid for, cannot be stop
| ped under this act The Captain and Crew may
| land them anywhere on the coast with impunity
and sell them, at auction, to the highest bid
der, and still not be liable 10 the penalties of
the act against the Slave Trade OF course this
view of the Law completely nuliiies it. The
| people who Hdnap negroes are the King Of Da.
honey, and the warriors of the Guiana Coast
none of whom are within our jurisdiction. The
Americans who buy them and embark on the
high seas, with them, to bring them here, are
within our Jurisdiction; but they, says Mr.. JUS
tice Magrath, have committed no offence against
the Law In other words, Mr. Justice MagTath
claims that Congress was guilty Of the incons
ceivable Jolly of attempting to legislate against
offences in Africa instead of legislating against
offences in the United States-and that the Law
making the Slave Trade Piracy is practically of
no account whatever!
Judge Jones, of the United States District
Court of Alabama, has added his name to the
| list of Judges who have attained unenviable
notoriety by their endeavors to abrogate or de-
feat the effect of Laws.
The case is that of the United States agt.
Broadnax and others, charged with holding,
selling or otherwise disposing of twenty negro.
es, averted to have been brought into this coun-
try 'From foreign place, to the grand jurors
unknown"
According to Judge Jones the acts passed
for prohibiting the African slave trade apply
only to persons ooncerned in the importation
Of slave, in slaves vessels. As soon as the ne
grOes have passed into other hands, after i'm
portation, he claims that they come under
State Jurisdiction, and the United States Courts
can do nothing in the matter! And as there
are no State Laws against holding or selling
slaves, the offenders cannot be convicted at all!
The pirate has only to dispose of his cargo
somewhere on the coast and the slaves are
instantly taken out Of the protection Of the
United States law. The thief is only 10 have
a convenient receiver, and the federal authors
ties cannot interpose.
Taking this decision in connection with that
of Judge Magratb, in South Carolina, and that
Of the Supreme Court in the DTed Scott case,
and it will be seen that the Federal Judges
practically render the Laws against Slave
Trading void. Under Judge Nagrath's deciss
ion the Slave Trader cannot be arrested while