Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-10-01

ways fed thsa well, - treated tAs0 vsll. TAsEs
were Spanish and Yankee men Of war in the port,
and Eaylish too. There were may vessels taere "a
pursuit Of SAVERS The Amist,d sslIed q oe.ock
very small boy-had always treated him well and
Gross eraminsd-The slaves had been At Havana
halfa month. They came in vessel called Latorca
she was under the Portuguese flag They might all
have come together-he did not KIN ow. They could
not speak Spanish. The Amistad sailed at 4o'clock
Afternoon The slaves were on board enc day before
the papers. She lay about musket shot from the
shore. The Captain paid no at ention the English
men OF war. There was an awning spread to keep
off the SUM- lie don't know the Captain OF the
Laforca. Don't know where the slaves were kept,
but supposes along the coast. The Amistad had not
before been employed in Transporting slaves She
had made voyage to Havana with sugar. Don't
know that the cook ever told the slaves that they
were to be killed and eaten. Never said heard
Question By Mr.. hgersoH-I don't know that the
slaves came from Africa, only as they told me so.
Mr.. Hunger ford followed in a very able and inge-
NOUS argument in behalf of the Spanish claimants tie
indicated the Spanards from the imputatons Of tie
opposite counsel; and showed that property in hu
man beings had been cognised at different periods,
in all countries. He contended that it was unrea-
soAabe and uDgenerous TO endeavor to excite pre-.
JUDGE against these Spanish Shareholders when sa-
very was not o-ly allowed but protected by our own
laws. He said the insnuations that Montez
shaver, abettnr Of the slavers, unsupport
ed by shadow Of proof. That he bought the child
rem, not OF SLAYER, but of tobacconIst in Havana,
where such purchases were sanctioned by the law
Mr.. Staples replied in few words and the court
adjourned until the next morning
Sept 81, Saturday Morning.
Judge Thompson delivered the opinion of the court
the habeas corpus prayed out for the Liberation Of
the African children The court is not prepar-
ed to dispose Of the finally. Therefore, any OBJ
servations that may be made, ought not TO have
bearing on the mai question 1t is case OF very
great difficulty and the court feels much embarrass
ed from the aspect in which it is. now presented
The other Africans are discharged from any crimi-
nal accusation and question as TO what dispo-
siton is to be made OF them, well as TO the chill
dren sought to be released on the habeas corpus
The embarIas sment reaches ALL and the discus
must embrace the whole case in general and ex-
tended point Of view. As the children are brought
here on habeas corpus, the court has cognizance
except the ground that they illegally held by
the District Court; for if they rightfully held
and by authority of law, this court has right to
take them out Of the possession Of that court If the
District court has jurisdiction in the case il must be
Irrigated there and great injustice might be done by
disposng OF il in tins summary way II either party
is dssati fled with the decision of the District court
that party appeal in the first place to this court,
and finally to the Supreme Court of the United
States In the judgment of the court, this case is
presented question OF jurisdiction, and however
abhorrent it may be to feelings, however desra
bic that every human being should be set at liberty,
cannot be governed by our feelings, BUT only by
the law 1t has been argued here the rits
OF the question: that court can entertain jurisdiction
over human beings as property. Although that pro-
position is imposing, cannot shut our eyes to the
fact, that slavery has been recognised by foreign
powers, and by our own highest judicial tribunals.
That question opened by the supreme court in
the case Of the Antelope. The Spanish decree,
prohibiting slavery, before the court; but not
withstanding, the court did entertain jurisdiction.
True, the supreme court was divided the question:
whether the slaves should be restored but not to
the right 10 entertain the inquiry to property in
human beings The question was,u upon whom the bur-
den Of proof rested. The court put it the ground
that you must shOp property The right Of property
was settled and this court considers open inquiry
in this case.
but that the vessel had been properly put into the
possession Of the district court. The court had the
property and they had right TO inquire whose pro-
perry il was. When the law recognises human be-
ings as property it will not do to say it is not open
to inquiry
The question is, is the property rightfully in pos
session Of the district court. IL II is case coming
at all within the spirit Of laws TO the African
slave trade, whatever my own views may be to
the ultimate inquiry, il must be settled in the ordi-
nary way IN the prosecution OF suit, and net dis
posed vt IN this summary way on a preliminary in
vestigafion.
Whether these Spanards, being citizens Of a
country where the slave trade is prohibited be
allowed to come inte courts to claim these men
as property, when by the laws Of their country,
they are Free is to be decided upon its merits
and is not to be disposed Of on application for
habeas corpus.
The only difficulty in my view is, to determine
whether this property is rightfully possession of
the district court II the court has no Jurisdiction
then these held without authority, and must
be discharged.
Although the question was accidenty toached up
in the arguments yesterday the cour, is not pre-
pared To decide it, We would therefore request the
counsel to furnish another argument that specific
question.
Judge Thompson stated that the counsel could
have time sufficient To prepare their arguments.
Mr.. Ingersoll suggested whether il would not he
better for the counsel to prepare their arguments in
writing, with the authorities to support them, and
send them to the court In order to give time for
ture deliberation.
Judge 4. This would be more satisfactory to the
court
Mr. Staples. This arrangement would be agreeable
to as, but there 10 strong sensation in the public
mind this subject, and IL il desirable 10 have the
question settled Immediately, IL possible.
Judge r. The court is sorry 70 hear that there 10
any excitement in relation to this matter II is ques
toa to be decided not by popular feeling but BY the
authority Of the law.
The counsel agreed to inform the court in the after
noon what course they would be ready TO adopt.
o'clock, p. n.
Ikave just learned that Mr.. Staples, after con
suatioa with Garrison, Tappan, and the other aboli
tiosists and negroes has notified the counsel on the
other side that they prepared 10 60 with the
argument this afternoon, bat the District Attorney
informs me, that the court will probably adopt the
course proposed by Mr. Ingerso Of receiving briefs
from the COUNSEL with the authorities and decide the
case at adjourned term OF the Circuit Court If
this is done, the Africans will Of course remain the