Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1839-09-27
From NE Hartford Daily CouranL
UNITED STATES CIRCUIT COURT.
MONDAY, SErTEasER 20.


MONDAY, SEPTEABER 20.
Judge Thompson delivered the decision OF
the Cour. in the case OF the Africans under
confinement His Honor said that he ques.
ton was simply whether the District Cour
had jurisdiction to take cognizauce Of the
subject matter in this case He regretted
that the case was not held up for further
consideration. involving as il did decisions
in the issue Of which the public mind was
very strongly interested II was beyond
dispute, said his Honor, that there was a
great deal of excitement on this subject, a.
least il one might venture TO judge from the
newspapers and il has involved feelings TO u
very considerable extent and il is equally
true that great deal OF misunderstanding
and misrepresentation exist on this subject
II was right the Court should remark that
il was not going into The question OF the ab-
siyasf righ Of one man to control the free
agency. or ihe labor OF another. or in other
words. The question OF Slavery. Whatever.
its private feelings on the subjec, were, and
said the learned Judge. my own nre as alb.
horrent as those OF any body in Court. or out
OF Contrasting here as Judge. Lam bound
to leave individuality Of sentiment gu, Of the
question, and 10 succumb to the Law, such
as IL is" a+a
Now what is the Court TO do; why. It's
first duty was 10 inquire. "IYhsye WAS the
seizure made The duty Of the District
Court in the first instance. would be to insii.
tu,s an inquiry on that subject; and in this
state OF the case. said his Honor. this Cour,
canno, summarily dispose ofthe question =
Each Court must have lis separate consider
ation Of the question. II the Disiric, Court
should decide. lin the opinion ofihe parties
Interested improperly, the parties can come
TO the Circuii Court; and they can Ultimate.
| ~ 60. should they deem il necessary. TO q
superior iribunal The Africans, said his
Honor. who are the subject OF the consideia-
ton Of the Court. mus, be taken care Of by
somebody they were brought in against
their will, and II the District Court has juris.
diction in the case, they have the control OF
the subject matter Of such jurisdiction. An
impression appeared to base gained g,ound
so public opinion, that supposing il was de-
lcided that the District Court had no juris.
diction in the case these people. the subjects
OF the present judicial inquiry were to be
"ipso faeto" free and that they were 10 be
sent into the open air. as herd OF cattle turn.
ed into pasture. This was not so they
must be sent 10 have the case tried in the
State of New York. But with reference to
some observations that had been made, as 70
some alleged iniornaliiies in the libels. his
Honour would merely observe. tina, il they
did exist they were open to correction, hv
1.-THE filing Of a fresh libel. The applicants
were therefore, on this point NOT essiopped.-
And in variety of observations. immrasu
rably valuable as indisputable law, and high
~ to be appreciated as the grave efi'nsion o.
silver headed wisdom, in It's aulumnai ripe
ness, and in all lis raciness, his Honor OBJ
served, that in this case the question Of juris
diciion was preliminary one thai Of prop
erty. was secondary, and he cited the cas-,
ofihe Antelope. as in point
We must (said his Honor) be governed
solely by the laws OF the United States, anc
not the laws of Connecticut; and however
unfortunate it is. the fact is, and we canno
shut il oul oflhe pale OF intellectual eonvic
llion. that our laws do recognize the possess
ion Of slayes--and so complete is thai recog
milton. that States ale prohibited from max
ing any enactnenls that shall cripple thei
liability. There is no ground on which In,
Court can entertain the motion before il OF
Habeas Corpus The Court does moi decid
that the parties before il are not en,illed Il
their freedom, and wished il to be so under
/ stood by those, il there were any present
who intended TO promuleale the decision Q
the Court through the medium of the press
The Court decided that the question was il
, 1.-THE course of litigation, and therefore III
MOTION ON THE WRIT OF HABE
, AS CORPUS MUST BE DENIED. =
John G. Parker. Esg.--It gives us mucI
i satisfaction to be able to say that this victim
OF Canadian tyranny arrived in this city o.
= Thursday night, where he found hi
family in health, and was cordially greeted
by a large circle Of friends Snaiched ava,
! from his business MS he was. and his pror
: erIy falling into the hands of miserable ha,
}, pies as it did, his losses mus, have been Inn
= mense but he still rejoices in the assuranc
= that all things shall work together for hi
Inn