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United States vs. Isaac Morris, The U.S. 464 (1840)

handle is hein.slavery/ussccases0081 and id is 1 raw text is: 464 SUPREME COURT. THE UNITED STATES VS. ISAAC MoRRXS. Indictment under the second and third sections of the act of Congress, entitled, An Act to prohibit the carrying on the Slave-trade, from the United States to any foreign Place or Country; passed 10th May, 1800. The schooner Butterfly, carrying the flag of tho United States, and documented as a vessel of the United States, and having the usual equipments of vessels engaged in the slave- trade, sailed from Havana towards the coast of Africa, on the 27th July, 1839. She was captured by a British brig of war, and sent into Sierra Leone, on suspicion of being Spanish property. At the time of the capture, Isaac Morris was in command of the ves- sel, and was described in the ship's papers, and described himself, as a citizen of the United States. The vessel was sent, by the British authorities at Sierra Leone, to be dealt with by the authorities of the United States. Held, that to constitute the offence denounced,in the isecond section of the act of 10th May, 1800, it was not necessary that there should have been an actual transportation or carrying of slaves in the vessel of the United States, in which the party indicted served. 2. The voluntary service of an American citizen on board a vessel of the United States, in a voyage commenced with intent that the vessel should be employed in the slave-trade, from one foreign place to another, is an offence against the second section of the law, although no slaves had been transported in such vessel, or received on board of her. 3. To constitute the offence under the third section of the act, it was nqt necessary that there should be an actual transportation of slaves in a foreign vessel, on board of which the party indicted served. 4. The voluntary service of an American citizen on board a foreign vessel, in a voyage commenced with intent that the vessel should be employed and made use of in the transportation of slaves, from one foreign country to another, is in itself, and where no slaves have been transported in such vessel, or received on board of her, an oflbece under the third section of the act. In expounding a penal statute, the Court, certainly, will not extend it beyond the plain meaning of its words; for it has been long and well settled that such statutes must be construed strictly. Yet the evident intention of the legislature ought not to be defeated by a forced and over strict construction. ON a certificate of division from the Circuit Court of the United States for the Southern District of New York. The defendant, Isaac Morris, was indicted under the second and third sections of the act entitled An Act in addition to an Act enti- tled 'An Act to prohibit the carrying on the Slave-trade from the United States to any foreign Place or Country,' approved on the 10th of May, 1800. The first count of the indictment charges that the defendant did, on the high seas, from the 15th day of June, until the 26th day of August, in the year 1839, voluntarily serve on board of the schooner Butterfly, a vessel of the United States ; employed and made use of in the transportation of slaves from some foreign country or place to some other foreign country or place: the said defendant being a citi- zen of the United States. The second count charges, that the defendant did, 6n the high seas, from the 15th day of June to the 26th day of August, volun- tarily serve on board of the schooner Butterfly, being a foreign ves- sel employed in the slave-trade: the defendant being a citizen of the United States.

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