New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-27
MORE SOUTHERN CONTRIBUTIONS.


five are to Judge at oil by the results, the pros
ecutions Get Oh in the United States Coart., based
on tie case of the yacht Wanderer, 80 far from
bayirq been intended to bring the parties concerned
TO coIden punishment, were Instituted FOR tho sole
nurpose Of sGtrdipg the United states judge in
the Southern Distrl ,ts an opportunity OF nuiiiDg
tle laws against the slaye-trade by dint OF legal
constructions.
We called attention day or two since TO one OF
Judge BasIath's recent performances oil TINS sort
BY which be Undertook TO free the act OF purchas-
inp negroes on the Coast of africa to be held and
sold as slaves from the stigma end penalties OF
piracy, and limit that stigma and those penalties 70
the case Of kdpsppiIg free negroes. Thus, With
out denying The power of Congress to make slave
trading pilacy-a point to which he had for@erly
committed limsef-he depriges the law OF oil prac-
teal efficacy BY giving to it this narro" construction
Another case grow log out Of THE same watdsrer
sfsir hes u.t been disposed of 10 the Circuit Cou-t
Of TIE Unl,ed States for the District Of Alabama 10
which the enactments Of Congress are disposed OIL
shl more cavalery This was the case OF ono
Horstio N. Gould, indicted for having purchased
certain of the negroes imported in the Wandefer.
Til, indictment was founded the seventh section
of the act Of 1918, Which imposes penalty OF
.kousard dollars upon every person who shall hoio'
purchase, sell, or Otherwise dispose Of ss slave,
any negro brought from any foreign kingdom, place.
or county, contrary TO the provisions of that acs'
The case came before Judge Jones who fu'y
admitted that il had been the settled policy OF tue
oonnt,v for fifty years or more to prohlot tue
imporistion of slaves. Nor did no unaefaaAo 10
depy that such probibi ion was within the powers
of Congress, and that it was wise, just, and
poli,ic measure. He conceded that it was with q
the power of Congress to punish every person
actually concerned in the imporation-the cap
italst who furnishes tie money, the agents VINO
build, charter, or fit out slave ship the
officers and crew who navigate it, those VINO pro-
cure the cargo, who receive the negroes wnen
landed, or who carry them into the interior, ana
tpere bold, tell, or otherwise dispose OF them for
the importer. At the same time, in the lace aud
eyes of the section of the statute above quoted,
he sets up distinction upon the strength oil when
be undertakes to snatch the defendant and all other
pUTCDdstJb vi iUPois~o
grasp of the law. That Distinction is this: That
when negro 20 illegally imported passes out OF tho
control of The importer, bis SCENTS or employees az
the same time be ceases to be subject upon which
the laws Of the United States can act. Having be-
come mingled with the inhabitants Of the State
whe beis, if any person beat' him, murders him,
or oiherwise crimiuay violates his rights, the OF;
fender is liable to indictment under the State law,
and csn be proceeded against before the State tn
bupas alone.
A few more decisions in this spirit, and the laws
of the United States will DO for all practical pur-
poses completely null6ed. II, as Judge Jones ad-
mi,s in 80 many words, it is within the power OF
Congress to provide for the punishment "of every
person who in any manner, directly or indirectly
participates, aids, abets in tho importation OF
"peg,oes as slaves" how can he undertake to
shield from tie operation of this power those very
pertons to wit, the purchasers of the slaves, but
OF whose cooperation ttere would be no encour-
seement to import thenl