The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-19
The SLAVE TRADE.
Trial of Capfsfm Natn1nisi Gordon, Oftho
II,,cry OF tne Siayc TrahAC.
VNIThD STATS CIRCUIT COURT.


Jr,r Us -1hs United States Ndfhaniel Gordon -This
pr,eue, is charged with voluntarily serving on board
the esyer Erie Of which he captain, when she was
seized ~ the Mohicsn NJ the mouth OF the Congo river,
with eight hundred end ninety seven negroes on board,
in August, 1860 The facts have been fully reported
vhtc tie Gaze was before the United States Commits
sioner.
Tbs United States District Attorney, Mr.. Z. DelaHeld
Smith AID Mr. NJ v h. wfcoxeon appeared for the 60
yeyrr ut, and Mr.. Joachimseon Tor the accused The
penalty on conviction Is ceAth.
After the exercise Of sixteen challenges by the p,i-
sooer's counsel, the following jurors were sworn
william X Cort 7. Samuel Eisbe,
2 Martin LaDs ham, DAVID G. henry,
4. Gustsvus siilen, 10 Herman Reney,
s. John NcwbIby, IL Michael Hopper,
d Robest v glsrman IL Charles Il. Fellow
Str E Deaeed Smith then proceeded to state the
for the prcs Hesaidon the 18th Of May 1890
the s,aue passed by the United States Congress-
uroer which this N ictment has been found. Gentlemen
l, Nsss remark Of q distinguished states man-Mr CAL
hcur-tAst the fate Of many of legisla
ttn 20 be loudly Praised extoed while very little
regard paid their execution And In respect to
al tbs statute opposition against tho slave trade passed
by Tor gress, while il hes been highly extHlcd, IL
has been very rarely executed In tho history
OF tts iur,sri Ct this country there has
oct hetn, 30 lar as can find, but one single con-
vic..rn u.er this statute; snge conviction OF tho
capital nee charged against the prisoner the
bar Ara Gu that s'nse conviction the prisoner was
finally charged The ground that the evidence failed
suite rly TO sho@ that to citizen of the United
Siats aihoogn coOvieied On livery side, and when It
wa ccnoeoeo ali Connected with the case and the
court that he ives guilty.
II Z. llutler clearly within the knowledge Of the
uy noiorousiS puolic throughout thu and, that
tbe h,s been carried with euccces that it
has fetn prcnabie traffic pecunarily that has
THE co4ntry IN the world That il
TINS ade tbs 81 ucdrecs but has made convicted
cIn OF are few. Uncer these circumstances
ooh but 20 cne reason tor o. ihs, one rosoa Tor the
failure 80 otnot plainly convicted Of the charge
egsirsl ht thAt Co. On has Lad ITS source III the In
hut zee watch bhs pslvadtd all classes ot the
pubic Throughout ,he lana, not IN one particular
Eeetica. put throughout The whole country, with re-
leri % Ihe execution OF this statute
Ny lelrLed tfind counsel for the prisoner made an
inquiry 4 OF 7he iuoss present, without anything
berg prcducea against him n that Connecson or the
tossibiy any thing being produced against .:n-an
inquiry which m shi have tendency 70 divert tho mind
tie OF his prosecution: que stion OF
the .E4teuce slavery Inc southern States o. the
Unot question which las its origin ard measure Of
conYlcy he aIt Ct tnose who reside IN the South
Part q tie country 1he question put to the juror
what ought 10 be cone OF could be done with
tic saws mich innabt that tection of ho country
1hl, !. ques,cn ustut which there u vide difference
Of Cpnitn throughout the lard question. genteen,
Wh;;h IA ia no y:ay involved in Tbs cae De!oe you
1he CT e nelarous business OF the slave trade
from Ee coast c Africa largely CARED un With tho
sata tie aic OF Which even ually 10 great
,xteu., tcuId WY to the Southern States OF tins
ULeD Rr", gtDtleTtp, aihoteh Rave referred to
this Tact Tie question uoai,'oi 10 3eu 70 day p esens
vita aisIeuce to the existence Of slavery ia the Souta
Is There arc :aose who lick Slavery wicked,
and 1t 20 be PIT strip 10. OsbeIs there are again,
equally cthsnitn,ious, who ,hiuk slavery blessing
where xsts should be PER- etus'ed there. There
tie TcT..o1es Of the United atas; and others, agan,
equals tious, WHO think ought TO be excluded
caie Fer leie crime IS charged agars, person.
cr.1e, h,l eh sing from the slave traffic has
hector haeyer with slavery ss it at present exists in
The soutGeIn StaIes
Tle s.tae under which tho Indictment is founded is
static PISSED by Congress, by that Congress who has
btglsithe. tho form or constitution under which
i've TEet II tute pared by the united vote Of
souh Ca.tna and Georgia. vel ss by that CT New York
srd Massachusetts statute, the propiety OF which
necessity for which, universally admitted,
ne ya,r Of the rnd represented in Congress
by ci cna dcter nom every state, voted With
alacrlfJ h1d statute drawn up by South
en- halcs Perfected by Southern statesmen ana passed
~ Sou hoYn votes rs well as by The votes OF Northern
Of the most champions Of the
Atd wien question ol lnis Kind, about which We
81 she Nrrth have diteren es, is brought up
eld Introduced BY counsel 10 a Jury empanelied
TO tn under The ntatute it becomes my duty to
J0u, and to impress upon you the necessity OF expe
Ing Jour mind all outside issues, conine
yoLrsl5 tie simple Issue which is presented you
unctr tie s1atute IL tue might be the warrnes
Of the southern sido of the question which
fGiGl Afy agtates The country aid yet might be most
shith SINS mdctn cnt is iouLOed. The presents
quesou aspectsv neither the SLAVE II ide shall
Jerit ed 10 20 en- CONDUCTED with ali the :nbumanty
a. the crid aud hoinous outrages which characte
thai iuisInous and abom'uobe traffic; and whether
uh-eo in is effcs results 70 crowd the virgin soil
OF nston aud of the territories Of the country
indec,y through Cuba, with groes 10 the exclusion Of
Tie wAue Aan. that IS the question submitted TO you
AZ sa!d before The Indictment IS founded rnder
sainie pssseo for the Suppression of the trade
v,sit-s tic law that Punishment is in
ced as IA eanpc 20 oeier from the repetition Of the
Issta Of the crimes sought to be puni5t ed aud
wAe At hls ale crime in its nhumln aspect
when d~el Ter moment upon ne crimes and cruel
itits Shco cAsracteZe the slave traffic, aud en- the
Obj, hstd, when We look the results which sue
ctss, s,sthc works out, must all be convinced that
Il tAtre is enc thing mcfe than another which
re1u'is most earnest c'nsci n'ious performance Of
Guy tic palt Of those hsye 10 10 with the exc
'he criminal law II is IN; charge made against
the \. soaer here uhdo+ ih9 Goc.Uent The relative
po-tt ;he positive st'tp Which all OF Occupy
~ ca a seaIg win ease ihe ths q pont Of great
inprfafie or us to bear IN mina. Although sworn to
pe-'o Y duty as prosecuting officer am not
e. Of !o1 een'lemel, cch1cf,ou o. the prisoner ct
tue bar -lifss you are convinced that be is guilty of
tns ef.me ed 10 his cts-ge. So you gentiemcn arc
swo-r 10 renoer yerci1t cIly in accordance with
/ corlc' rot s,rnd here without being guilty Of a
great ,ereiiction OF duty, the consequences Of
whi.a wtud be visited upon re, il should
ask for Tie conviction of ony if | did not believe
hiu guilty ead you gent cmeu, woult be aeo guilty Of
great crime II you TO, guilty except upon the
cesr,s evidence OF his guilt rho position OF jury
aud Prosecuting attorney ~ essentially plain ard
simple c-e and here 70 do my duty in indicating
The AN, on sit there gant,cmtn, your capacity a.
yincalois q the law II an opposing counsel presumed
stir Up rreirdce against the prosecuting officer in the
performance Ct his duty you viii remember thu:
paris u che stethe ,ervanis Of one government
Of she courchaiged with The duty which
tourd to perform, whatever might be the
Tie siatUc upon which the Indictment founded
fcow:-
az any ctztn Of the United states, being of tue
hips corany of any 'ocign ship vessel engaged
in the si5ye trade Whatever. being
Or rhips company OF any chip or vessel owned
wholly IN part q navga!ed for or in behalf OF any
cg yea czets United Satcs sh Ill foiciby con
Are de.sn cid and abet In forciby combining
tainrg, "a board such ship or vessel any negro OF
mulato held TO service by The laws or either of the
states Territories Of the United States with intent
make sIca rcgIo muatto slave or shall on board
any such eh.D or vessel offer attempt to sell q
save any rerTo mulaito held 10 service afore
sale, or shsil, the high seas, anywhere ON tide
water trRrster telees to any other ship
sci fgro mua to- not held 70 service Aforesaid
with inert 10 make suon negro mula,t) slyo, or
sLsA IId or deliver shore from board any such
tnp vessel any such negro mu.atto, with intent
20 neAe sse o. CT havirg neYitusly sold such