The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1860-04-25

competent man in the County bat could
be induced to accept the position-hav-
ing had great deal Of experience in the
law, and especially in the probate law;
besides, as every one who knows him is
bound to admit, he is strictly honest and
impartial in all his transactions with his
fellow man. whether in a private or Off
ciI capacity.
IF Mr.. Duckworth will consent to be-
come a candidate, he will be warmly sup
ported by the voters of Smith, regardless
OF politics. ANXIOUS.
PiasrHc, April 18th, 1860.
African Slave Trade---Important Decis-
ion.
Hon. WN G. JONES, the newly appoint
ed u. :. Judge for tue District of Alaba-
ma. delivered, few days ago, a very i'm
portant decision in the case Of II. y.
Gould, Ia test case, several similar ones
being also pending before the Court, J
charged with having in his possession AZ
ricans brought to this country 10y slave
traders. The opinion Of the Judge Is
long and able, and is published in full in
the Mobile papers but we have not the
space to reproduce it. The following from
the Mobile TriJ'nc, paper strongly oP-
posed to the slave trade, gives the points
decided in the case.
II was not charged that Gould brought
the negroes hitheT. He only purchased
them. or had them in possession at Sc
cond hand. The case was argued on the
part Of the United States by 4. j. Requi-
er. Esq.-bv the way. a representative OF
the Government well worthy Oi its conf
dence for legal ability and high sense OF
duty both within his profession and with
out il. The other side was represented
bv q. \. Stewart. VIM. Boyles and r.
b. Armistead, Esqrs.
The opinion of the Judge Is evidently
carefully prepared. and it seems to us a
conclusive argument in every respect
simple in its manner Of presenting the
subject, and so clearly presented that the
| least intelligent man cannot fail to see IT.
rationale and agree with its conclusions
The defendants were acquitted-not be
cause there is any disposition on the part
of the Judge to favor the African slave
| trade. but because of the laws, which are
| supposed to have their most conscientiou,
| expositors in the courts of the United
| States he following extracts from thl'
decision will put our readers in possession
! of the conclusions of the Court. 1t is moi
| necessary to give the citations of author
ties which justify them:
| The charge. then. when stripped o
the legal phraseology Of the Indictment
| is simply this. that Mr.. Gould, withOu
any participation in the Illegal importa
ton. did. within this District, hold, sell
or otherwise dispose OF, as a slave, ne
tspro wlrn bod beer previously 'Inlawtull'
terial question IS whether this Is, or
not. an indictable offence against the law
of the United States.
NO case has been referred to in the al
rument. nor have I been able to find an
case. in which this question has been do
| ciied bv any court. Ii l. a novel que,
| ton. and recent events have rendered
one of much interest and Importance.
has been the settled policy of our cour
try. for more than fifty years, to prohibit
under severe penalties, the importation {
slaves. The laws enacted to carry on
this policy, had the support and approve
of the statesmen and people OF all SCI
! tions of our country. Within the la,
three or four wears, few persons IN tn
south have questioned the constitution;
power of Congress to pass these law
Some others, admitting the power, hay
denied the policy of these laws, and earl
estlv urged their repeal. There have II
doubt been some recent violations OF thes
laws. The whole subject has been niue
! discussed. and most men must have form
p ed some opinion upon il. For my ow
part. ] have examined the subject veI
carefully. The result Of that eXaminatio
: is thorough and clear conviction th'
I Congress has the constitutional power I
I prohibit the importation of slayes-that
is wise. lust and polite to prohibit tan
that the laws prohibiting it ought not
= be repealed, but ought to be maintaine,
e respected and strictly enforced
, The ground taken by the Court, is thi
whilst the offenders Of the laws are Grim
mails. the transferring of their Illegally 2,
0 Africans does not convey to the purcha
? ers Of them the criminality and penalh'
Q which are the consequence OF a Violate
|
y, tation of the highest authorities, Is adm
rably given in the following words
{ Looking then to the mischief inten
/ ed to be remedied, and 70 the nature, e
:. tent and limits of the constitutional graz
of power over this subject, | think II
proper construction of the law Is, that
+ embraces and provides for the punishmel
s of every person who, in any manner, G
4 rectly or indirectly, participates, aids
abets IN the importation of negroes
y slaves. The capitalist who furnishes Il
e monev-the agents who build, charter
\ fit out a slaveship-the officers and ere
+ who navigate it-those who procure Il
cargo. or who receive the negroes VIII,
L landed. or carry them into the interior,
$ hold. sell or otherwise dispose Of the
there for the importer-are all part,
pants i'm the unlawful importation al
e. guilty Of an offence against the cOnstit
, tional laws of the United States. and pu
: ishable under those laws. But after su,
a negro has passed out of the possession
" control Of the importer and his agen
"a and EMPLOYEES, and has become mingl,
with the inhabitants of Alabama, if al
person beats. murders or otherwise erin
" nallv violates his rights. in this state, Il
d. offender Is liable to indic' ment under &
Il state law. and before the state tribun;
70 alone. Whilst. as Judge of this court
/, shall always be ready and willing to maj
tain and enforce this, and ALI other cons
Is tutional powers and laws of the Gener
ty Government, it Is equally my duty not
u 90 beyond the limits of the Constitute
Of or to enoroach in the slightest degree u
on the rights and Jurisdictions Of I
states.
"Tnder the construction which ! 81
Il to the law, the indictment in this case
not maintainable. II does not allege tn
te the accused had any connection whatey
ny with the unlawful Importation nor &c
it allege any facts from which this cou
be legally inferred 1t simply alleges tn
We the accused knowingly held, in Alaban
re a negro who had previously been unla
H. fully imported by some other Wnkno'
person. This, think, IS not an indie
bic offence under the laws Of the Unit
Ne States"
- judgment was, accordingly, given
10 favor Of the defendant in the case,
an This mode of presenting the subl'
nj may be considered novel, but it seems
"a us--even without judicial authorities
be self evidently true and just-althou
we see clearly that it serves to make
on laws against the African slave trade !
mr. potent We are sorry Tor this, but Q
mas frequently to accept legal truth W
regret.