The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1860-05-11
NO. 31



Iudge-aEade Ga-v Osce More,
II will scarcely be necessary far n
I Charleston Convention 10 pass a resoll
ton for the reopeninq Of the slavetrsd
SO long as our judges take upon thea
selves 20 nullify the acts OF Congress.
Every reader Of the sfatutcs Of the coHf
try for example, has supposed that IA
law Of 1920, entitled An act TO prot-s
the commerce Of The United States al
punish the crime of piracy" placed IN
slave trade ON the footing ofpifuey. Tha
Jaw sin section fourth, provides that e
any citizen Of the United States, beina
oithe crew or sdp's company of any Tor
eign ship Of vessel engaged In tho siavc
trade or any person w,.atovcr beinr o
the crew or ships company Of anv shin o
vessel owned In whole or part, or navi
gated Tot or IN bohalf Of any citizen
citizens Of the United States, shall lunf
rom any such ship or.vcsael, and. on any
foreign shore, seize any negro OF mulnt.
to, not held 60 service or labor By the
laws Of either Of the States or Territoriea
Of the United States with intent to make
such negro or mulatto O slave, or shall
doeoy or ioroibly bring or carry, or re-
eeiye such negro or mulatto on board any
such ship OF vessel, with intent AZ aiore4
said, such citizen or person shall be adj.
Judged a pirate; and, on conviction there's
OF, before the Circuit Cour. Of the Unit
cd States for the district wherein he NAV
he brought or found, shall suffer death. %
Section 9th Of tho same Law is inst ss ex-
plicit in its denuuclation Of eitizons or
persons who oonfde, or detain, or aid In
detaining negroes or mulattoes on board
ship, with a view 70 making them slaves,
or who "shall offer or attempt to sell az
slave" any such negro or mulatto or
"who shall, on high seas, or anywhere on
tide water, transfer or deliver overs such
negro to any other vessel; or who "Bhall
deliver on shore" any negro to be sold az
a slave
Nothing Ia fact, would seem 70 DO
clearer or more comprehensive than the
provisions OF this law; and vet Judge
Magroth, Of the United States Circuit
Court, sitting at Charleston, in the case
.ol the United States against Corrie, tho
master Of the famous yacht Wanderer,
has decided that the law has been entire.
ly uisapprchondod. II has been unlver.
sally supposed, he says, and he once him
self supposed that this law declared the
slave trade piracy; but on a closer con-
1ideration Of Il he can find nothing in ita
language which warrants chat construc.
tion. In the first place, lit docs not, In
its title, nor in any part Of the act, eithor
by way Of modification, amendment or
repeal refer to the previously existing
slave trade laws, or to the slave trade az
the object for which It's provisions were
intended. In every other act passed FOR
the suppression Of the slave trade, the
purpose is plainly declared in the title
and every section Of such act. Tho
Judge wholly overlooks the phrase ofthe
law, which describes tho vessels to
which It refers as engaged in the slave
trade.h
Again he says, in the second place,
."lf we consider the persons who by the
act Of 1920 are made liable upon convio-
ton to the punishment Il iniliots, we will
see moro clearly, how inconsistent Il Il
with the slave trado. No one can be- pun.
ished under the act Of 1920, unless he Is
oftho crew or ships company. Hence
no ono on board, although the owner Of
the negroes or mulattoes with which tho
vessel Is laden, can be convicted or pun
ished under It's provisional But once
more the learned Judge overlooks the OBJ
ylous consideration that the words "being
OF the crew or ships company arc in
tended 70 exclude from the penalties Of
tho law persons who may be found on
vessels engaged In the slave trade against
their will-such as accidental passenger
seamen forced into the service, or seamen
picked up AZ SEQ, Owners aud consign-
ees, as well as the muster and his men,
and, In short, everybody who is willingly
concerned ia the unlawful acts, Is, in tho
eye of the law, OF the crew or ships COM
pany.
In the third place, the learned Judge
argues that Il is essential to the applica-
ton Of the law that il should be proved
that the negro or mulatto seized aud sold
as a slave was not bond, but free at tho
time Of the transaction; "The intent pro-
hibited IL 30 mako a slave, To make ima
plies the creation of that condition. OF
one already a slave il could never bo
said of him who continued his servi-
tude that he had made him a slave. The
law may presume a condition offreedOm
until one ofsubicotionis proved. But no
such general presumption could prevail,
while in the United States over negroes
and muluttoes there was and Is a reccg-
nized lawful control and established
right of properly in them" f.f-..
Consequently, the general inference h
that this law is not designed to prohibit
he slave trade "as a tlade or traffic" ." and
that the original seizure Of the negro on
/ foreign shOre must be established, as
we'll as his freedom al that time, and his
lorcible transportation across
he sea for the purpose Of selling him az
l slave. AS all this, however, cak only
be established BY the testimony Of tho
,ery men who are arfuigned for the OF.
'ense, the decision completely nuliles
he law We have heard great deal or
ho laws refnemonts, and OF the aptnesa
If the judicial mind 10 split hairs, but wo
lave never, in tho whole course -four le-
,al reading, encountered more remark
ble instance than this, Ofwhatuse afo
he cleagests dlrectest, most unRliEtakas
10 words Of the statue books, If they are
hus to be Sc. aside by the merest quib-
les Of the iudgesl la
017-A Washington letter sayr every
fort was made to suppress she publioa.
on Of Buehanan's letter 70 Gov, Walk.
= III l.. a.. Al -. ~. - ..t.... n