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Slavers (Kate), The U.S. 350 (1865)

handle is hein.slavery/ussccases0417 and id is 1 raw text is: THE SLAVERS. (KATE.) Statement of the case. THE SLAVERS. (KATE.) I. Where a vessel is bound to the western .coast of Africa, under such cir- cumstances as raise a presumption that she may be about to engage in the slave-trade,-such circumstances, ex gr., as a professed sale at an excessive price, just before the contemplated voyage, a false crew-list, an equipment not unsuited for a slave voyage, a cargo not fully on the manifest, suspicious character or conduct, in the immediate matter, of her crew, or of other persons connected with her, an appearance and subsequent disappearance of an unknown person, with a Spanish name, as claimant,-she must clearly explain those circumstances under pain of forfeiture. 2. Persons trading to the west coast of Africa, on which coast two kinds of commerce are carried on,-one (the regular trade) lawful, the other (the slave trade) criminal,-should keep their operations so clear and distinct in their character, as to repel the imputation of a purpose to engage in the latter. THE United States filed a libel of information and for. feiture in the District Court for the Southern District of New York, against the bark Kate, her cargo, &c., alleging that she had been equipped, fitted, loaded, and prepared for the purpose of carrying on a trade in slaves, within the acts of Congress of March 22, 1794,* and 20th of April, 1818 ;t which acts make such equipping, fitting, preparations, &c., cause of forfeiture. The question, therefore, was, whether the vessel had been fitted with that purpose. The case was one of four; all like each other, in their general aspects, and reported here in immediate sequence; cases, all, where confessedly the proof of unlawful purpose was not of the most direct kind. The present case was thus: The Kate, then purporting to be owned by B. & A. Buck, of Baltimore, Maryland (C. W. Buck being master), arrived at New York from Havana on the 17th of May, 1860, with a cargo of rum, wine, copper, sugar, &c., consigned to one Antonio Ross, of New York. Six days after her arrival at New York, B. & A. Buck, by * 1 Stat. at Large, 347. [Sup. Ct. t 8 Id. 450.

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