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United States against Gooding, The U.S. 460 (1827)

handle is hein.slavery/ussccases0153 and id is 1 raw text is: 4W) CA9ES TIN THE SUPREME COURT 1827. timore, be REVERSED and ANNULLED, and that the cause be Nav remanded to the said Court of Appeals, with directions to U. States reverse the same; V. Giooding.4 rSLAvE TsAr Acss. EvIDENcE. PLrADrG.j The UNITED STATES against GooDxv-o. Upon an indictment under the Slave Trade Act of the 2oth ol 'April, 1818, ch. 878. against the owner of the ship, testimony of the declarations of the master, being a part of the res gesta, connected with acts m surtherance of the voyage, aild within the scope of his authority, as agent of the owner, in the conduct of the guilty enterprise, is admissible in evidence against the owner. 'Upon such an indictment against the owner, charging him with fit- ting out the ship with intent to employ her in the illegal voyage, evidence is admissible that he commanded, authorized, anj super. intended the fitnent, through the instrumentality of his agents, without being personally present. It is not essential to constitute a fitting out, under the acts of Con- gress, that dvery equipment necessary for a slave voyage, or any equipment peculiarly adapted to such a voyage, should be taken on board; it is sufficient if the vessel is actually fitted out with in- tent to be employed in the illegal voyage. In such an indictment, it is- not necessary to specify the particulars of the fitting out; it is sufficient to allege the offence in the words of the statute. Nor s it necessary that there should be any principal offender ta whom the defendant might be aiding and abetting. These terms in the statute do not refer ;o the relation of principal and acces- sory in cases of felony; both the actor, and he who aids and abets the act, are considered as principals. It is necessary that the indictment should aver, that the vessel was built, fitted out, &- or caused to sail, or be sent away, Withm the juWisdiction of the United States. An averment that the ship was fitted out, &c. with intent that the said vessel shold be employed in the slave trade,js fatally defec- ive, the words of the statute being, with intent to empoky-the vessel in the slave trade, and exclusively refernng to the intent of the party eausng the act.

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