The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-09-28
From the Boston Atlas
The African Captives.


1t appears from the Hartford Courant, that OF
Friday, the grand jury for the district of Connect
cut came into the United States Circuit Court
and requested instructions and a charge from thu
Court as to the African prisoners accused of muir
der and piracy, which case was before them TO
consideration.
Judge Thompson informed the jury that the
U. S. Circuit Court had jurisdiction Of the crime:
of murder and piracy, under certain circumstan
ces but whether or not the case of the prisoners
referred to, was one of which that Court had ju
risdiction, he could only tell when the particular
facts of that case were laid before him. He could
give no opinion unless they would furnish him
18th statement of facts. 1t would be useless
for him to address them generally upon the crimes
of murder and piracy. If statement of facts
were submitted, it would be the duty of the Court
10 give an opinion upon that statement as TO the
jurisdiction OF the Court.
The grand jury then retired, and afterwards re-
turned into court, and presented to the court the
following statement of facts by them found, viz
That Spanish vessel, built in Cuba, called
the Amistad, duly and legally licensed to carry
on the coasting trade, sailed from Havana on
the 2Sth June, 1889, commanded by R raymond
Fener, for the Port of Guanaja. in the island OF
Cuba, having on board a cargo of sundry articles
of merchandise, two Spanish citizens as passen-
gers, with So negroes purchased by them as SA-
D1NoEs, chat is, not natives Of Cuba) in the city
of Havana, with regular permits for the Span
iards negroes and merchandise. That about four
days after sailing, when three or four leagues
from Cuba, and forty from Havana, the negroes
rose upon and killed the master and one of the
crew of the vessel, and took the command and
charge of the same, and wounded and injured the
two Spanish passengers. That on the Goth of
Aug. last, the said schr. Amstad was found in
the waters near the east end of Long Island, with
in one mile of the shore, in possession of the ne
groes aforesaid, from whom she was captured by
the U. S. brig Washington and brought into the
port of New London, in the district of Connect
cut where the said negroes were apprehended
by the Marshal of this district, in whose custody
they now are. That while said vessel was so in
possession of said negroes, the boxes and trunks
OF goods were broken open by them, and some of
the goods they appropriated to their own use"
Upon this statement the grand jury prayed the
Judgment and instruction of the court, whether
any offence had been committed whereof this
court had jurisdiction.
Judge Thompson said he would take till the
afternoon to consider the question. At the open
ing of the court in the afternoon, he accordingly
delivered his opinion, which is reported in the
Hartford Courant as follows
Judge thompson Salu " ne Laws Of the uni
ted States grew out of the Laws of Nations.
The offence charged in this case arose out of two
statutes, and would be tried in this district if tra
BILE at all in the United States-but the Courts of
the United States have no jurisdiction over often
ces committed in another country, and If this be
an offence, and on that subject gice no opinion
tohether Il be an offence at all, it cannot be tried
here The courts of one country have nothing to
do with those of another; and an offence COM
mitted In foreign country cannot be tried in an
other jurisdiction. vessel sailing under the pa
pers OF another country is 10 be treated as part Of
the territorial property of the country to which
she belongs, and as this court could moi try the al
legged offence if it had been perpetrated in Spain
or Cuba, or any other Spanish settlement, so
neither, for the reason given, could this court
try it as having been committed on board Span
ish vessel, which is identical with the soil of the
country to which she belongs.-Under the state
of the facts, therefore, said his honor, have no
hesitation in telling you that this court has no ju-
rsdiction, nor are there sufficient facts before you
to warrant you in finding bill"
AS there was no other business before the court
which would require the intervention of either the
grand or petit jury, both juries were discharged.
Thus has been settled,-and exactly in the way
in which we expected, for in the beginning of the
affair we expressed the opinion that the grand iu-
ry would never find bill,--the first great ques-
ton raised in relation to this matter the question
namely, whether the courts of the United States