Law Commons^™

United States V. Gooding: The Imperfect Indictment That Created The Perfect Defense For The Illegal Slave Trade, Fernando D. Kirkman

Legal History Publications

In United States v. Gooding, the Supreme Court quashed an indictment against John Gooding for engaging in international slave trading, a violation of the Slave Trade Act of 1818. The Slave Trade Act of 1818 modified the penalties for engaging the in slave trading, and switched the burden of proof to the defendant, to disprove the presumption that the defendant had engaged in the slave trade. This article looks at how United States v. Gooding stands as a step backwards toward condoning and legitimizing the international slave trade. This paper also examines the moral relativism expressed in the United States’ …