Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-09-13
THE CAPTURED SLAVES.

THE CAPTURED SLAVES.
TO THE EDITORS OF THE COMPILER
Conference.-The articles which, you sent tnr from
The Northern papers relation I" hr persnns IN cusu
DIV FOR fences alleged 10 have been committed boa
aSpansb vessel suggest several questions Of good
deal pi interest.
If these persons are charged with having committed
on The high the crime 81 piracy. defined by hr
law uf nations there is dmub that they may be tried
before Circuit Court Of the United States. II they
had been found IN this country The trial would have
been The Circuit Court far that Dis,rc, in which they
were found Being brought into the U. States, the
rio takes place before thr Crcu Court for The district
into whch they were first brought
Apr. bend. however that the offrnce really commit
ted no offence against oil nations and like piracy
punishable by any. The fact charged seems TO be
der and robbery beard Of ship belonging exclusively
10 subjects Of foreign Satp; and IT appears b.
offence only agunst The nation board whose vessel the
murder aud robbery have been committed. and punisha-
biz exclusively by that nation IL would be otherwise.
If subse an.ny the persons board The vessel had
throw off lis national character cruised practically and
committed piracy nthrr vessels Then again, the
offenders would bp persons WIN might he tried pirates
in he courts Of The Union. Blu, do not any thing
Of this kind any where alleged II is sracry necessary
TO add that the take of the case The trial for
piracy IN the courts of The Union must result &C
GuI'rai
When thus acquitted they will no doubt be cInimrd
The properly of Spanish subjects Whr'hrr not the
Courts of the will recognize them property will
teppnd upon whether they apprar be- property accord
ing to the laws Of Spain Qn~s"ns at this sort
new IN this country. The strongest case The subject
is that of The antelope IN Wheat &C.
The material iac,s Of That fellows: A
priva,eer called the Colombia sailing under Vrnezue
Ian commission entered thu port of Baltimore III the
wear 1870 clandes,inrly shipped crew Of thirty nr for
~ me n proceeded 10 sea- hoI-ed the ArIagan flag.
sumnr The name Of the Arragan'a; and prosecuted a
voyage along The q: Africa her officers and the
grra,er par, Of her hring cirzpns Of The UNI ed
States of The coast Of Africa she captured Anne
ricau vessel from Bristol. Rhode Island from which
she to"k twenty Ave Africans She captured several
Portuguese vessels. from which she also tn"k Africans
And shs captured Spanish vessel, called the Antelope,
in which she tcnk considerable nuuhrr Of Africans =
The Two vessels then sailed company 10 The Coast OF
Brazil, where The Arraganta vas wrecked, and her
masier .ftcrf and great part Of her crew made pr
snners The rest of the crew, with the armament "t
The Arragana, transferred I" the Antelope which,
thus armed assumed the name of The General RAMIREZ,
under the comma nd n jain Smith citizen Of the Unit
cd States On hoard this vessel were all the A'cans
which had been captured by The prvatesr in the
Of her vnysae The vessel. thus trrghted ~as found
towering near the OF he United States by the re
venue cutter Dallas. under The Command of Captain
Jackson and finally brought into the port "t Savannah
for atndicotinn The Africans at the time OF her cap
iure anlnuued upwards Of Two hundred and eighty.
Or their arrival the vessel and the Africans were bsed
and claimed by the Portuguese and Spanish Vice Con
suls reciprocaiy The carried up TO the Su.
,reme Court of the United States and there argued by
Mr. gsrrien end Mr. Chas fnetrsoH in favor Of The
claimants and by Mr.. Uirt and Mr.. hey on brhaf OF
The L States The L s asserted no property IN then,
srves but insisted The right Of The Africans Ia free
dom The Consuls ot Spain and Portugal respectively
demanded emas slaves; no had 10 The regular course
Of legitimate commerce. been acquired property by the
subjects Of their respective sUvprsigns Chlei Justice
NirshaH delivered the opinion ut The Cont, in which he
reviewed the decisions ut the English Court OF Admiral
~ and laid II dpwn The principle of those dscisI"ns.
g that the legality cf the capture OF vessel engaged IN
The slave trade spends The ax nf the country 10
which vessel b-l"ng. lftha, law gives lie sanction
10 The trade will bP d'cresd II that law pro-
ibs il, the vessel and cargo will be condemned as good
prize.
rThs court below had directed restitution 10 the Spa
nish claimant such Of the Africans found
hoard The Antelope when she was captured By th' Ar
rasanla: and thr Supreme Cnnri Hirnsd the decree IN
Tbs respect But The Supreme Court wns OF opinion,
thai ,hr Cour, below erred in considering that there
we're hundred and sixty six on board The Antelope
when she was captured. The Supreme Court deemed
the proof satisfactory beyond ninety Inc IN
dividuas compose this number we're required tn he
des gnard The satisfaction Of the Circuit Court he
Vice Cnnsn! uf Portugal faled in showing 10 the salts
faction Of The Supreme Court, that any oil The Africans
were taksn out Of Portuguese vessels, or were me pro-
perry Of subjects Of the King of Portugal And the e
sub was that all the Africans under The control OF The
Court except tInse which might be Designated ne The
property Of Tie Spanish claimant WIRE delivered up 10
th- United States
This decision in the case Of the Antelope was mace
ye=rs EInce The aci fi Itf6trrr, P'S'J
f,r person IN engaged in the slave fad- who 10
citizen Of the s. of the crew oil Sessfi own
ed by or navsaied frr citizens of the u IL was
considered that the legislation Of this Country on
this subject operated Only lis own citizens ana vessels
that naun could prescribe rule t.i other ma
uns-and ur course that one Hation could nol make
aw Of nations.
Ia The presen, the persons detained on board thr
vessel as slaves are sid have come from Spanish
Island and 10 have been legally held as slaves by the
laws Of Spain How the fact will torn out, d" not
know and therefore say nothing about H. T. IL
AJUEhDa.
FOR TIE ENQUIRER.
The celebrated speech Of Kr .HarshnH delivered IN
The House Of Rrprese Of the United States
The r-spons relative tn Thomas Nash alias JJn1fkan
oJns supports The correctness Of The conclusion, On
the article in Monday Compiler thar the "f-nce which
has committed is punishable only by the Spanish
nation The following extracts are from that SPEECH
The principle is. lhat the jurisdiction OF nation ex.
tends the whole Of It's territory, and TO Its own Gil
gems in rrerv par. Of The world