The Hawk-eye and Iowa patriot. (Burlington, Iowa) 1839-1843, 1839-10-24

Soh'o'AIacA % tt'S o"i oS pui WV o.
ter this form:
Now me honey! if the muskaters
nip We here, jist tell them we're Gin
raj Harrison's son and divil a haste
o'em will suck the precious blood from
ye're veins Jackson (Niss.) Sun.
THE AMIsTAD BLACKS.
| We perceive that Judge Thomp-
son has refused to grant the applica-
ton made on hrbeas corpus for the
discharge Of the Amistad prisoners
The learned Judge states that the Dis
trict Court has exclusive jurisdiction
of the matter; and that the Circuit
Court can entertain jurisdiction ofthe
case only by appeal. 1t must be re-
COLLECTED, that the proceedings insti-
tuled in the District Court, are only
for the purpose Of determining the
question of property, and to adjudl-
cate the right of the Spaniards who
claim these blacks as slaves, to have
them delivered into their possession.
We have expressed our sentiments
upon this point in a former number;
and we are happy to observe that the
opinion we then formed upon anoth-
er question involved in this important
case, is supported by SO able, and
learned an authority, as the Judge we
have mentioned. In closing his opin-
ion, denying the application for the
discharge of these blacks, the learned
Judge remarks, that murder com
mitted, US in the case of the captain
of the Amistad, is not crime against
the laws of nations, connected as it is,
, with the Save trade.
The only question which remains
, in this case for the decision of the Dis
trict Court, is, whether these men are
t legally the property Of the persons by
i whom they are claimed; for as no re-
g QUESTION has been made by the au-
i thorities Of Spain for their surrender,
: on the ground of their having commit
h ted a criminal offence against the laws
# of Spain, no prctence can be set up
IS that they are punishable, criminal|y,
d for any acts thay may have commit
a ted on the high-seas. II the pecu!ia!
IS laws of Spain have in this instance
n been violated, the Executive of the
l. United States is bound to deliver the
d offenders to the Spanish Government
upon the requisition of the proper an
i. thorities, unless the offence is Of Il 70
ID litical character, which, in this case i
,e not pretended; and a requlstion Q
" this kind is founded upon the treatie
n. Of this nation with Spain, and, conse
quently, is imperative in its nature
" and could not be disregarded by GU
N government; and would be far prefer
~ able to the present uncertain mode Q
I'd proceeding to obtain their possession
on the ground that they are the pre-
tn perty Of, the claimants; if the. commits
1e sion of any crime by these black
e, could be urged against them as a four
b. dalton for delivering them up to tb
a. Spanish authorities, and by not mai
le ing this claim. the authorities of Spai
in virtually admit, that in killing the cay
tain and crew of the Amistad, thes
I'd men have been guilty of no infringe
IS ment Of the peculiar laws of SPAIN
IL And Judge Thompson has decided
" that they have been guilty of no Q
to fence against the laws Of nations
IN From these facts, it follows, that tt
ed only inquiry which can be institutes
an is whether these unfortunate benG
I'd are still the property, and slaves,
al those who purchased them in Havan;
" and whether they are to be regarde
| as such by the laws of the Unite
re States.
lat Before the District Court can d
eide upon the right of the claIman
IN to recover the possession of these mt
ID their title to demand them, must
nd strictly proved: and their right to no
a them as property, must be a LEG
right, and one which the courts
Us the United States, proceeding accor
he ing to the laws of nations can pr
e.? nounce unquestlonably Valid. NO
suppose the case Of a free black, wi
I've is kidnapped in one Of the northe
states, carried to South Carolina, al
!. there sold as slave-in three wee
on. after such sale, he escapes from t
his purchaser into this state, and the pr
chaser here claims him as his propt
csc ty, would the title of the purchaser
sh- one which our courts would deer
self valid? 1t is true that it would in t
his first instance be sufficient for the p,
ted chaser to show that the person clai
ed as slave, was bought by him wi
kill in the jurisdiction Of a state who
laws authorize the buying and SELF
me of slaves-but the black, upon pro
I'M ing the manner in which he was {
ep- ginally obtained, would at once be {
ley titled to his liberty-and this prin
our pie governs the right to proper
son whether animate or inanlmate, IN e
led ry civilized nation throughout
al.