The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-01
TIE SLAVE TRADE.
Captain Gordon, OF the Slave ship Erie,
Sentenced to be Hung ON tho 9TH Of
Eehrnmrv.

| BEFORE Hon. Judge Shipman
Nov 30-The United States Us. Nathaniel Gordon-Thi
was motion In arrest OF judgment and for new trial.
| OPINION COURT.
At the sitting Of the Court this morning Judge Shpmar
associated with Judge Nelson) proceeded to deliver tbs
following opinion and sentence in the case OF Captain
Gordon, convicted Of serving board the SLAYER Erie
We have carefully considered the points submitted u
US on the motions for Of judgment and for
trial. and the arguments counsel thereon In dsposne
OF these motions do not deem important TO discuss
| any exceptions taken TO the form Of the indict
ment except such apply 10 the first and third counts
inasmuch it upon these two counts that we put
the the jury II either OF these counts good
1t is sufficient to support the verdict The only objection
taken to the form Of the nst and third counts that they
aver in the precise words Of the STATUTE the
dns the negroes not held service by tho laws
either Of the States Territories OF the United States
at the time of the commission Of the oence-the Language
Of the indictment being 'not having been held to
vice. &C." II il argued that II the defendant had been
able prove that they had held service
some time prior to the commission offence this aver
ment would have been negatved, and he would
| have boon entitled to acquittal; but this,
think only proves that the language OF the Indictment
in this particular Is more comprehensive than was NO
cessary The indictment charges him with having for
chilly confined and detained the negroes they not having
neen nsa nr &c h s a. ~ counrsd .nd
them, 81 any time previous the fact that the terms
Of the somewhat broader than those of the
statute is not material 50 long as they cover the offence
described In the latter To the objection that there
such proof that the vessel upon which the offence
committed owned in whole in part, navgated
for in behalf Of any citizen citizens OF the United
States, would warrant conviction the first count,
canna4 accede. Tho government proved that she
built 80 owned ny citizens OF the United States This
xed the 0o'-~" haracter and ownership would be pre-
sned a. continue until they shown to have been
changed To show such change the burden Of
ed to show that q sale was mado Of the vessel at
Havana, but without showing TO whom such
sale was made II is urged by the defendants
counsel that inasmuch as the sale claimed to
have been proved was made In foreign country the
law will presume until the contrary is shown that it
made foreigners We think there is
IN law upon which such presumption
support OF that part of the indictment which charges
that the defendant was American citizen at the time
OF committing the offence the government proved that
his father aud mother residents Of Portland in the
Stateof Mane for many years, both before and after
their marriage and before the birth Of tho defendant
and while he q small child 1t also appear
cd from the testimony of the same witnesses that
| his wife, the defendants mother, accompanied him
| on his foreign voyages. The defendants counsel
claimed that il appeared from this evidence that
he mght have been born abroad and that II he
not aczon OF the United States and therefore not
amenable to those criminal laws Of the United States
which limited In terms to its citizens The Court in
structed the jury however. that If the defendant
born during of those voyages which the father
maize a sea captain without any intention OF removing
to- but merely touching at foreign countries he would
still be regarded in law as American citizen. Tho
PENDANTS counsel excepted to this part of the charge
the ground that did not lay down the rule OF
law applicable to children Of American parents born in
foreign countries. Without here discussing the general
principles Of law applicable to that subject it is
a sufficient to the execution taken in
this that the charge this point, taken
connection with the facts in evidence to which
to be explicit clearly referred to possible birth OF the
defendant board his fathers American vessel while
the latter was in foreign country in the course of the
voyage We are clearly Of opinion that there was no
error in this part OF the charge. The only remaining
objection that deem it necessary to notice Is that
"f tho Eric was foreign vessel, admitting the
citizenship Of Gordon this has the jurisdc-
ton try him for committed on the river Congo
In the Portuguese domnions and not tide waters.o
There are two answers TO this objection First there
Is proof that the Eric foreign vessel but the
proof clear and unconraaiced that she Ameri
vessel owned by American citizens Second the al
legation In the indictment that the offence committed
in the river Congo, the coast Of Africa waters
within the admiralty marine jurisdiction Of this Court
think fully sustained by the proof Tho proof that
the negroes taken board in the Congo river some
distance from its mouth but where It is several miles
broad and really arm Of the Tho proof is clear
and unsotradicted that the offence OF combining and de-
tanning the negroes board continuous and unin-
terrupted until her capture In the Atlantic Ocean,
raj miles from land. or course it was committed in tho
very mouth Of the river, where its broad expanse
is lost in the Atlantic, and where the Jurisdiction
Of every nation over it, citizens or Its ships
clearly extends. The other exceptions to these
two counts, and to the charge, arc overrued
Upon all these points We clearly Of opinion that
there s error in the Indictment and that inter
vcned the trial. and that the jurisdiction of the
Is beyond dispute We therefore constrained deny
the application for certificate Of division which is asked
for by the defendant 70 enable him TO carry the TO
the Supreme Court II Is hardly necessary for add
that these views the result Of consideration
fully concurred In by Mr.. Justice Nelson.
Mr.. +. d. Smith, the District Attorney then moved
the Court proceed to pass the judgment Of the law
upon the prisoner.
that time BY single Judge. Hc had objection to the
fact but raised the question in order that he might have
time to appeal to tho Executive. Since the trial he had
not single person connected with the case, nor
had he had an opportunity to consult with Of the
Jurors who sat the trial. He understood eleven Of
them had been in favor Of recommending the prisoner
rcy but the twelfth man had objected, the ground
that such recommendation could form part Of the
dict. He had however, since understood that all tho
jurors would unite in such recommsndatisn Under these
circumstances, and In view Of the responsibilities in
which he placed counsel for the prisoner he asked
| that the passing Of judgment might be suspended.
Judge Shpman remarked that one Judge constituted
the court and that therefore, but needed pass
between himself and Judge Nelson. In view Of these
facts and circumstances in the he deemed best
pass judgment at the present time.
/ SENTENCE.
SImAAN J-It appears from the evidence in this case
that the Of 1860 you sailed in the ship Erie,
from Havana in the island Of Cuba bound to the OF
Africa You master OF the vessel and had board
competent and large amount of provisions Of
kind and quantity appropriate for food for large mum
Der Of sons and such Is usually carried in
sells which intended for the slave trade. The ship
also had board large number Of water casks well
quantity Of liquor which latter to be left in Az.
rca probably exchanged for the freight which you un.
dertook to bring back 70 Cuba In command Of this ship,
thus manned and provided you proceeded TO the Congo
river the West Coast Of Africa and there after land
ing your cargo and subsequently reshppng all nearly
abut the liquor and filing your water casks with fresh
water you dropped your vessel down the river point
few miles from its mouth, and in few hours on tho
afternoon Of the 18th Of August you took board s97
| OF tho inhabitants Of that country, thrust them,
densey packed and crowded. between tho decks Of
ship, and Immediately set sail for Cuba On the morning
Of the 9Th. in the Atlantic Ocean, about fifty miles
from the coast you captured by the United States
vessel Aohican your ship taken to Monrovia, where all
the unfortunate victims Of your crime then living
put Shore and you brought in your chip 70 this
port Upon these facts have been accused brought
TO trial before jury OF your countrymen, and found
guilty Of crime for which the laws OF your country ad
Judge you pirate and nct upon you the punishment OF
death IN tho verdict Of the jury 1t Is my duty 70 say
that the Court fully concurred The evidence Of your
guilt full and complete to exclude from the
mnds OF your triers ali doubt. You to be
froned with this terrible consequences Of your crime and
it is proper that should call TO your mind tho duty
preparing for that event which will terminate your
mortal existence and usher you into the presence OF the
Supreme Judge Let mpore you seek the spili
guidance OF the ministers of religion and let your repent
ance be as thorough and humble your great
Do not attempt TO hide its enormy from YOURSELF think
OF the cruelty and wckedpess Of Selling nearly thou
sand fellow beings, who did yon harm and thrust
ing them between the decks of small ship beneath
burning tropical SUM- TO die OF disease on or
be transported to distant lands and consigned they and