The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-07

O.. IL.
6. Charles Mcllhargy. H. Hermann kuen Kahn
0. James Cassidy IL. Edward Werner.
In opening the case the jury the United States Dis
trct Attorney Mr. L. Deafeld Smith, gave very into
resting summary Of American and European legislation
the subject Of the African slave trade. He said
May please the Court, and you, Gentlemen of the
Jury-Tho indictment which this prosecution is irsl
utcd is found under the laws Of the United States for the
suppression OF the African slave trade The par tcuar
law is to be found in the third volume Of tho UIited
States Statutes Large page 6OO sections four and five.
Before reading that law to You will make brief and
rapid reference to the action Of this and the other nations
OF Chrstendom the subject Of the slave trade. As
early 1913 tho provincial Congress of North Caro-
lima, and also convention Of delegates of Vir-
GINA resolved to discontinue the Importation OF slaves.
In 17i the Continental Congress, sitting at Philadelphia,
resolved not TO import slaves nor purchase any slave
imported after the 1st Of ece mber OF that year. and
wholly to discontinue the traffic The constitution OF
the United States gave Congress the right TO ehbit
the trade after the year 1907 but ant patng the time
thus fixed the Transporting Of slaves from the United
States any country from one foreign country to
other prohibited in 1894 and 1850. In 1895 the
State of Maryland, slave holding State then as now,
forbade the introduction OF slaves, even from sister
States for sale to reside in March, 1907 Congress
prohibited under severe penalties the introduction Of
slaves after January 1906 On the goth OF April 1918,
the punishment for the offence increased and any
concerned in the slave trade, between foreign ma
tons, prohibited TO the citizens Of the United States
On the Sd Of March, 1872 Congr IS passed laws for the
puroec of keeping national armed vessels cruising OF the
Of Africa to prevent and externinatc tho slave
trade and conscatpg the vessels and effects citizens
that might be found engaged in it, On the 18th cf May
1920, the African slave trade was declared piracy
ard tho particular enactment under which this in
dctmeDt is found passed by Congress. Ia 1888
the slave State Of Miss isspr by its constitution probi
ted the introduction Of slaves into that State chan
disc for sale In 1912 it was provided in our treaty
with Great Britain that squadron should be kept by the
United States on tie African coast for the purpose OF put
ting end TO the ae And in 1850 the Congress OF tue
United States forbade the bringing slaves fer sale into the
District OF Columbia Such is the Of public law in
country the subject Of the African slave trade.
Now let rs lock at the course other nations the same
,tasf In ION ava
trade and the importation Of slaves into her coons, TO
take effect in 1904 In 1907 the British Parliament passed
statute declaring the slave trade illegal and after
II declared contrary the principles Of justice human
ty and sound Ioicy. In May, 1914, by the treaty OF
Paris between Great Britain and France France agreed 10
abolish the slave trade within FIVE years. and to its
influence with the Powers OF Cristendom to do the
thing In February 1875 tho Congress OF the principal
European overwhelmingly called the Vienna Congress
declared tic slave trade repugnan to morality and justice
In March, 1885, Napoleon Gecrecd its Abolition In July,
1915, lis s.ccssur Louis XVIII, did the same thing In
January, 1917, general pubic decree in France proh
btcd the trade. In December 1877 the Spaahh govern
mcnt prohibited the purchase Of any part of the
Tssv asT nine sirs a o
abolish the slave trade Immediately north OF the Equator
and entirely north and south Of the Equator after tn
year 1920. In 1918 Portugal adopted like pl DIVISION
10 the purchase Of slaves any rayt of tie c. asst of
Africa forth Of the Equator In March, 1924, four years
after the action OF tho Congress Of the United States
Grent Britain followed example, and declared the slave
trade piracy And in 1925 convention between England
and Prazil made the slave trade riraca for b. azian
Subjects after lS1O. SlCn, gentlemen, rcNeW
OF the action cf tbs nationsour own incluGcdsn tho
subject of the slave trade This prohibition e the Afr
slave trade is matter entirely separate ard distinct
frcm the political questit ms that have arisen IN this ccun
try on the subject Of slavery Ia the states and
Territories. man may believe that, under the
constitution Of tie United States, and under our
form Of government, it is proper and right to extend
slavery into the Territories Of the United Statcs He may
believe above all that the Fugtcslavc law, for instance,
ought TO lie fairly and faithfully executed. And SUCH
gentlemen, is my belief. citizen may have any
opinion that he Gems On the question Of slavery us
discussed by the political parties OF the country and still
adhere to the proper administration Of the law against
the African slave trade which trade the matte MS have
pronounced curse, and which all Chriscndom declares
TO be against humanity, unjust and mpoitc Ard here
gentlemen have to meet difficulty in the prosecution
OF the My friend Mr. Joachmssen) experienced
an Assistant United States District Attorney for several
years knows very well that tie rreudices created in
mems ninds by the political discussions on the subject
Of slavery will affect Tie mind, even when it undertakes
to decide upon like this which has proper
necon whatever with tEo quo siions and when he said
in the Of the empanncas OF tic jury that he did
not want to have juror who was nbucd with any views
the subject Of slavery, II locked il he eaeavor-
ing to weave into the que tons that en ely ir
relevant and foreign to IT, Besides, he imputed 10 me
views the subc, OF slavery which do entertain
and which ! never have entertained. lave no
ultra views en- the subject, and never have had.
have no views which any conservative citizen might
not entertain en- the subject do not agree with the
peculiar views of those expressed the subject by the
New Yolk Titrne and ~ persons of my political
party. wish TO Gear your minds entirely OF any such
prejudice against the prosecution as msht, ty the in
gently Of my friend, be interviewer with your idea Of
the prosecuting counsel. Whether or net ii is TO
prohibit the extension OF slavery into the Territories
whether not it is wise to maintain political party
against tendency OF the last few years whether II is
proper to put an end to the policy Of Mr.. Bu
chanan's administration, are questions which have
nothing whatever to do with this AS honest jurors
you will edcavor to try 1t totally free from any preju
diccs opinion whether behalf Of the government
behalf Of the prisoner. do not intend that any
such instruction that to which have referred shal
prejudice this The dearest friends have EARTH
and those that most nearly united to by all that
endear human beings t. each ether, this day IN
the State Of South Carolina, in the Sumter district,
and this war has pat an end 10 the visiting and cor
respcndoncc any point with endeared friends in that
section Of the country. come before you, therefore,
without any preudices in favor Of any particular
whatever that any cogLae subject, but simply with
the purpose Of performing tic duty which owe
officer Of the government TO SEQ that the laws Of the
United States enforced. The learned District Ator
ey then recapitunted the facts the read to
the jury the Of the law under which the indict
mcnt is framed.
Lieutenant Todd the navy and other witnesses were
called and examined for the prosecution Lieutenant
Todd of the officers Of the United States ship Mo
hcgan who detailed to land the negroes Mon oya
Liberia and to convey the Eric and prisoners New
York 1his duty he performed in conjunction with Lieu
tenant Huntington who afterwards proved untrue
flag, and deserted 10 the rebel army Lieutenant Todds
examination was not concluded when the Court ad-
j1urned.
Judge Nelson would permit the fury TO separate but
dcred them to be kept together and allowed to
communicate with any person with each other the
subcct Of the trial. Provision is made for their accom-
mediation at the Aston House. and three officers are de-
tailed to keep them in charge.
IHect OF the Recent Storm on the Lakes,
BUFFALO, Nov. 4, 1861
During the heavy northeast gale of Friday the follow.
this Gay:-schconers Mail ashore at Hamilton, Lake On
u .l.at.