Posted on 08/25/2020 5:12:35 AM PDT by Homer_J_Simpson
United States Commissioner MORELL yesterday rendered his decision in the case of the United States against the captain and mate of the brig Achorn, discharging them from arrest. The following is the decision: "The brig Thomas Achorn cleared at this port March 27, 1860, for Rio Zaire and a market, with the privilege of one or more ports on the West Coast of Africa, and with a crew of a captain, two mates, a cook and six seamen. She arrived at Kabenda Bay June 27, and was boarded by NATHANIEL GREEN, a Master in the United States Navy, attached to the United States steamer Mystic. Mr. GREEN brought the brig home, and is the principal witness for the Government. There were five men on the brig, whose names were not on her papers, and in whose possession was found English gold coin to the amount of about five thousand dollars. Capt. PARKER said they were passengers. I will not recapitulate the testimony. It is enough to say that, although some things of importance were wanting to complete her equipment for conveying slaves, the entire cargo of the Achorn consisted of articles required in the slave-trade; and on this fact Government relies to sustain the charge against the defendants of "voluntarily serving on board a vessel employed, and made use of in the transportation of slaves from one foreign country to another." Is it sufficient for that purpose under the construction given to the statute? I have examined all the cases cited; and I think it clearly settled, that it is not sufficient. There is nothing in the act inhibiting an American vessel from conveying any description of cargo to the coast of Africa; she may be legitimately let on freight or chartered for such a voyage.
(Excerpt) Read more at nytimes.com ...
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