“Libel of seizure founded on the Slave Trade Act of 20th of April 1818, ch. 86; the act of 22d March 1794, ch. 11; and the act of 10th May 1800, ch. 51. At the trial the only count, which was sustained by the evidence, was founded on the first section of the act of 1800, ch. 51. Upon the evidence Blair, for the claimant, contended, that there was no offence within the act of 1800, even supposing the vessel was engaged in the slave trade, because no slaves had been taken on board or were on board during the voyage, for transportation, which was necessary to bring the case within the act. Blake, District Attorney, contended, that the employment in the slave trade was the thing prohibited by the act, and slaves were not necessary to be taken on board to complete the offence. He cited the Plattsburg before Judge Van Ness at New York, and the Fortuna (1 Dodson, 81).”
3 Mason 175