New-York daily tribune., 1861-11-11
TIE AFRICAN SLAVE TRADE.
JUDGE NELSON'S CHARGE IN GORDON s
CASE,

CASE.
UNITED STATES CIRCUIT COURT-Eov. g.
The case having been summed up by counsel on
both sides, Judge Nelson proceeded to charge the
Jury as follows:
anxious 10 submit this you before the adjournment in
ssmnch have felt duty to require that you should
be together during the trial 80 much time has been
by the learned counsel that shall feel under the
necessity Of being very brief and shall satisfy duty n the
don which you heard from the learned counsel either
side to the real sues involved 10 the case and upon which
guilt OF innocence Of the prisoner
S % 5 o 5 ss Mc ag sn o
United States being Of the ships eopiny OF any foreign sh
s S e ,ns Of p Wholly
part nsvssed for behalf Of citizen Of the United
timing or de.sinng board such vessel any or ulatto
with intent make him slave such person shall oe adiudssd
Ths Il the law under which the p.one hs. been indicted
and under which he must be convicted all and the vs
which have been read in your hearing and the law which has
been read from the books have natera bearing upon the
by The Jury IL win be suicien for intelligent discharge
OF your duty to look exclusively TO this provision Of tue law
cali yor attention snd to which the that shall
make tho law Of the will be confined The hr count
The hin Fdc owned in whole psit by American citizens
10 the River Congo did paSicsy ieonousy and orciSy
eonhne and dets 800 nesocs on board Win intent 70 MAKE
And the third coun, is tina, the prisoner citizen Of the
foreign vessel engaged In the slave trade In the River Congo
did piraesy and fOIcby conhne and de,an 800 negroes on
hoard such vessel with intent TO make them slaves
Under the statute which have read to you. In oiderto
male out the ofersc sgans the prisoner 10 necessary on
the part of the Government to prove either th e
zen the United States thai the vessel on which ne served
with which he engaged IN the slave uaae ostosea "a
one h. citizen United Stses then the crime charged
against of forebly OBTAINING these negroes nay De med.
ont n he board OF foreign vessel but ne was not
citizen Of the United States but foreigner then u order to
charge him with the crime must appear that u was com
mtted upon American vessel or at least vessel o" ned In
question, become Therefore, material: Fst-Wss the pris.
oner al the bar citizen Now, proof 10 given 1y two wit
that they knew both HIS father aad his mother Ia Port
land Me- before their marriage They were both reienl.
~ ,.t nsce Tho witness also knew them after their
Rage IN the same place and knew the pisone the u oil
thst marriage when three year, old The question
upon this ts,tIony wa. 'ns h,s citizen
by the counsel for the prisoner that there some evidence
here that the mother after the marriage in the habit
sone with her hnsb and who captain upon foreign
sovase, and Il i. insisted that upon this state OF facts the
p,oner may been born abroad Perhaps the presump
don being upon the evidence that he born In Portland
prmd 1des being made out that he bonn there
tho burden would rest him 10 show that he was born
abroad But take TO be settled law that II he was born
n foreign country the father and mother being American
citizens having the design of removing to foreign
Try bot touching al foreign countries In the course OF the
voyages which the father made captain, the father
and mother American citizens the child though born
abroad, would still be regarded American citizen.
Next gentemen TO the character Of the vessel Was
she American vessel or owned In whole or IN part by Amer
lean eiiizensl IL appears that she built Ia The United
States and belo ged 10 American rzrns that she made
iTe England 10 Hsvsna and ser her arrival At ha'
insisted that she sod aud transferred by those
Anne citizens We have the account on r Pest who
owned teeohrhs OF her at the time OF her see lie states
that toogh be was not present al tbe time OF sale yet one OF
the other p1T.owneTs, Mr. Kpudsen, WAS with the
sci ls master ind he received cm Havana IN March C0
tho proceeds Of be % and he had doOe bot he had been