Year: 1859

We have accounts from Key West of the tr al Of
Captain Townsend Of the SLAYER Echo, which. n,
tho gallant captain had fully anticipated from tb


moment it decided to transfer his case thither
Resulted in hi, acquittal. The fact that ihe Echo
was on slave voyage was, of course, fully enough
established; also, that Townsend was on board
acting Is master. Ii was further proved that the
Echo was an American ship, and that Townsend
was an American citizen. But according to bis
Honor Judge Marvin, before whom the trial was
had-nc Circuit Judge being PRESENT.: %as
necessary to prove still further that the vessel was
owned or fitted out by American citizen. To
prove this fact, the prosecution produced from the
records of the New Orleans Custom House Ito
which district tho vessel belonged and whence she
sailed on her voyage to Afrca) u certified copy Of
her register in which Townsend was represented
to be the over. But the learned Judge anxious
apparently, like all the United States District
judges of whom we have heard, to put such
construction the acts for suppressing the slave
trade as will efectualy prevent, any convictions
under them, held, first that being copy, this doc
unent could not he admitted in evidence and
secondly that il it were admitted it did not prove
Townsend 10 be the owner. This refusal to receive
the certified COPY oi the register in evidence, was
very extraordinary. The same principle woul !
have required the Judge to reject the register
which vessel carries on board since this is only
a similar cGpy from the records Of the CustoI,
House, certified in the same way by the Collector


Such absurd ruling as this defeats the very object
for which a registration is established. Not less
extraordinary was the doctrine said to have been
laid down by the Judge, that though register die
prove the nationality Of vessel, it did not prove
the ownership bya citizen citizens Of the United
States. Iii, not less the object of the registration
Ut vessels to establish the nationality than II is to
establish the ownership Indeed, the former is
absolutely dependent on The latter 4 vessel cam
not be American unless she belongs to American
owners, and on every change Of ownership a new
register is required nor without such new regis
ter can any title pass. Not only is Captain Town
send the registered owner of the vessel but he ia


found in possession Of her; and yet says the
learned Judge Marvin, there is no proof that he
owned her. Had is been question Of the owner
ship of an alleged runaway slave, what District
judge would not have been content with evidence
not one tenth as strong?


The District Attorney then offered in evidence
the original Ulll Ol sale VI iroul
owner to TownseLd, but this was rejected, because
the hand writing Of the party who executed it was
not proved. Had that been proved, no doubt the


learned judge would have set up that that there
was no proof that the party executing The bill Of
sale had ever owned the vessel.


However well the existing laws against the slave
trade might have answered the simplicity Of the
times when they were enacted they are no match
for the ingenuity of our modern Judges. Here is
:he point upon which the profession Of the Admin
istration aud of Southern members Of Congress Vi
hostility to the revival of the African slave trade
can be and must be brought to the test. 1t they
are, as they do solemny declare, opposed to the
revival Of this traffic, they cannot object to such
an amendment of the laws as will prevent the set
tling up of the mere quibGles upon which undoub'-
ed slave traders are constantly escaping conyic-
tiOn.