The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1839-10-01

On the other hand the counsel for the children
not, and could not be, undo any state Of facts
the PROPERTY of MonteZ, or any body else; and by
way of showing that even under The Spanish law
they not property, they put in evidence GER
tain Spanish DEGREES, totally abolishng the Afri-
can Slave trade, and pronouncing II TO be crimi.
nal offence also the dispositions Of two native
African interpreters to the fact Tint these children
could speak neither English nor Spanish aud that
from their language, they; me deponeu's' Jndged
of Bohoo Of The Amistad prisoners, mado
through interpreter, that the two girls were born
in the same town with himself, and that they
bruugh from Africa in tho same ship with him
self
The argument was closed on Friday evening,
and the opinion OF the Judge was expected on Sat.
urday,-but of what was done on that day
have accounts.
! An indication however, seemed TO be afforded
in the course of the argumcnt,that the Court would
have great difficulty in holding these children to be
property. Ii was argued by Staplos,.-and Justly,
that if these children were property, and Liable 10
The claim of salvage, that then 1t would follow that
they might be sold at auction in the State Of Con-
nectcut For it is the usual way, when sa wage is
decreed, decree n certain per cent upon the val.
ne Of tho property, and in order TO determine what
that value is, to auhcrse the property to be sold
! at auction. Judson, the District Judge,--and who,
as The author Of the celebrated Connecticut Black
Act, is not supposed to be very favorably inclined
towards the prisoners-saw the danger of thus
gument, aud he interrupted the counsel, with the
declaration, "that he had already declared in the
district Court, that these Africans could not be gold
in Connecticut, MS slaves, bun that salvage might
| be awarded on the vessel and cargo, and the value
of the slaves, if recognized to be lawfully slaves,
might be considered in making up the amount To
be allowed" But we apprehend the establishment
of such doctrine would overturn the most settled
principles by which courts are governed IN decld-
! ing salvage
The question whether any claim Of property can
he established against any Of the Amistad prison
crs, to extremely clear and TO lie IN We
| ry small compass
lst Under the Spanish law these prisoners are
| not slaves. by repeated DEGREES OF the Spanish
Government, tho African slave trade is abolished,
aud has become criminal offence. All Africans
imported into the Spanish territories entitled to
thoir liberty. But then ssai that tho Spanlards
have good pyima tncie title to these slaves, be-
cause they possess permit from the custom house,
| by which they authorised to transport these
slaves from Havana 10 Principe and that Courts
can enquire further TO deprive mau OF his
liberty, aud 10 deliver him up to another proper
| y, is the highest power Court can exercise. 1t
is power in no respect short of the power OF in
fcting capital punishment and it would be just
! as reasonable to ask Court to hang man upon
technical bubble, official lie, false certificate,
which the Court knew must be false, as 10 enslave
| a upon such grounds. The Courts fond
enough Of bubbles and technicaitcs, but they
have never yet gone This length. II these Afrl
cans to be delivered up, on the ground that by
the laws OF Spain they are 81 ayes, the proof 81! that
fact must be thoroughly sfted, and satisfactorily es-
tublished.
end Whatever the condtio ofthese Africans
might be under tho Spanish law, in Connecticut
they are free men and such they have all the
rights of free men. They not property be-
J cause in Connecticut 1t is not acknowledged that
property exist in living human bodies The
| State Of Connecticut, under the United States
Constitution, is bound to deliver up, TO he carried
out of the State, such slaves ms have escaped into
her territories from any Of tho slave holding States
PROPERTY, but under mat Particular clause OF
the Constitution. which does not apply To foreign
States. This doctrine has been held over and over
! again in The New England States, and is now set
tied law.
As to the pretended claim under the treaty with
Spnin, that relates only to property captured from
pirates and brought into this country. AS the Cir.
cult Court has decided that there is piracy
mited, there is the end Of that sEcr.
! Judge Thompson having decided on Friday, in
his instructions to The Grand Jury, that criminal
charge existed against any of the Amstad prison
ers, Of which the Court had any jurisdiction writ
of habeas corpus sued out in behalf of all these
prisoners, and on Saturday afternoon they were
brought into Court
With respect to the claims, under color Of
which the Marshall held these A lricans as prison.
ers, viz the libels of Montez and Ruiz. claiming
these negroes their property; and the libel ofthe
District Attorney setting out-frst, the claim al
the Spanish Minister, and calling upon the Court
TO decide the validity of it and secondly, alleging
that these Africans free PERSONS broug to this
country in violation of the laws prohibiting the
African slave trade, alleging that they ought to be
restored to their own country, and praying The
Court TO take the necessary steps for enabling the
President Of the United States to send them back !;
with respect TO these two libels, and the claim of
the Marshall the custody of the negroes BY vir.
tue of the process issued thereon, Judge Thorn pson
said 'that if the district Court had in fact iuris-
dicton the claims thus brought before it, he
would not, upon writ Of ha5cas corpus, foresiall
or interfere with the decision which the District
Court might make upon question thus legally
brought before it. If that decision should he
wrong there was remedy by way of appeal, frs,
to the Circuit and then to the Supreme Court
Whatever tho opinion of the Court might be as to
the ultimate decision of the case, or however alb
horrent it mig ht be to the feelings of the Court to
pro perry, still that question of property was
question to be decided and if the District Court
} had jurisdiction of that question, then it was pro-
per that trial of the question should be had
there.
''lt has been argued, by the counsel for the pris-
oners, that court Of justice can entertain the
question of the right of property in human beings
But slavery, the tight of controlling the freedom
of a certain class of men, is not only sanctioned
by loreign nowers. with whom we hnYe treaiies