The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-05-09

If we are to judge at all by the results.
the prosecutions set on in the United States
Courts. based on the case Of the yacht Wan
derer, SO far from having been intended to
bring the parties concerned to condign
punishment, were instituted for the sole
purpose Of afording the United States Judg-
es in the Southern Districts an opportuni-
ty Of nullifying the laws against tho slave
trade by dint Of legal constructions.
We called attention day or two since 10
one Of Judge Magarth's recent performances
ofthis sort, by which he undertook to free the
act of purchasing negroes on the Coasl of
Africa to be held and sold as slaves from
the stigma and penalties of piracy. and
limit that stigma and those penalties to the
case Of kidnapping free negroes. Thus.
without denying the power Of Congress to
make slaye.trading piracy-a point to which
he had formerly committed himself-hs do.
prives the law Of all practical efficacy by
giving to it this narrow construction.
Another case growing out of this same
Wanderer affair has just been disposed Of
in the Circuit Court Of the United States
for the District Of Alabama. in which the
snactments Of Congress are disposed Of still
more cavalierly. This vas the case Of one
Horatio N. Gould. indicted for having pur-
chased certain Of the negroes imported in
the Wanderer This indictment was foup-
ded on the seventh section Of the act Of
1918. which imposes penalty Of thous-
end dollars upon every person who shall
hold, purchase. sell, or otherwise dispose Of.
as slave, any negro brought from any
foreign kingdom. place. or country. contra.
~ to the provisions Of that act.
The case came before Judge Jones who
fully admitted that it had been the settled
policy Of the country for fifty years or more
to prohibi, the importation Of slaves. Nor
did he undertake to deny that such pro.
hibition was within the powers Of Congress
and that it was a wise, just. and polite
measure. lie conceded that it wcs within
the power of Congress to punish every per
con actually concerned in the Importation
the capitalist who furnishes the money, the
agents who build, charter, or ft out slave
ship, the officers and crew who navigate il
those who procure the cargo. who receive
the negroes when landed, or who carr
them into the interior, and there hold, sell
or otherwise dispose Of them for the impor
. ter. At the same time, in the face ant
: eyes of the section Of the statute above quo
. ted, be sets up distinction upon th,
| strength Of which he undertakes to snatcl
, the defendant and all other purchasers Q
, illegally imported slaves from the grasp Q
the law. That distinction is this Tha
when negro SO illegally imported passe
out Of the control Of the importer. bis agent
! or employees. at the same time be ceases to b
t subject upon which the laws Of the Unite'
, States can act. Having become mingle'
e with the inhabitants Of the State where b
!, is, if any person beats him, murders him
8 or otherwise criminaly violates bis rights
0 the offender is liable to indictment unde
/. the State law. and can be proceeded q
0 gainst before the State tribunals alone.
D A few more decisions in this spirit, an
2 the laws Of the United States will be 70
4 all practical purposes completely nulli6et
s If, as Judge Jones admits in so many word
+ it is within the power Of Congress to prc
), vide for the punishment of every perso
e who in any manner. directly or indirectly
q participates, aids, or abets in the imports
d tion Of negroes as slaves" how cand he M
t dertake to shield from the operation Of thi
+ power those very persons. to Wit, the pul
II chasers of slaves. but 70. whose cooper
70 ton there would be no encouragement
n import them IN Y Tribune