Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-09-26

and assistance oil the JUDICIAL
tor the preservation and restoration
of the property.
He cited various decisions Of the Supreme
Court of the U.S.-paricularly the case OF the
Antelope--to the effect that slaves taken on
board foreign vessel, and brought into the
United States, must be restored.
lie contended That the question Of property
ought not to be considered in this Court IN
der the writ Of habeas corpus. Tho only
question here was whether the process by
which the girls were held was valid IL that
process was defective he admitted that they
were entitled to be released; but the ques-
ton of property-that grave question invov-
ing rights of the highest interest and impor-
tancc, ought not to be discussed in this sum
mary manner. 1t belonged to the District
Court--it would be examined there with full
time for preparation, for obtaining evidence.
and for the most careful and deliberate con
sdcrstiou-and there he hoped it would be
left for decision.
Mr.. Staples has just iisen to reply. But
the dinner hour having arrived, the Court
adjourns until 2 o'clock, and send off this
despatch. The proceedings are Of high in
terest, and are observed with close attention
by a very numerous audience.
Soon after 2 o'clock the Court again as
senbled, and Judge Thompson instructed
the grand jury that, upon the statement OF
facts submitted to him, the Court was entirely
without jurisdiction for the trial Of the pris-
oncrs on the criminal charge. In tho first
place it appeared that the Amistod was taken
possession Of within tho Southern district OF
New York, and not within the district Of
Connectcut--tbcrefor the prisoners, if sub
ject to trial at all, must be tried in the South
ern district Of New York.
But he was clearly and decidedly OF opn-
ion that no Court in the United States had
jurisdiction for their trial. The offence with
which they were charged was committed on
board a Spanish vessel, sailing under the
Spanish flag, with Spanish papers, owned by
Spnniards, and making voyage from one
port to another of Spanish island; il was
therefore an offence, not against the law Of
nations, or of the United States, but against
the law of Spain; and under Spanish law
only could it be tried
Under this view Of the case the judge de-
cided that the grand jury had nothing to do
in The matter, and there being no other bust
ness before them, the grand jurors were dis
charged.
Mr.. Staples then commenced his argument
for the prisoners. lie began with noble
and eloquent character Of the writ Of Eabcas
corpus, which he described as dealing with
objects infinitely higher in Importance than
bales and boxes it disregarded mere ques.
tions of property, and took cognzancc of more
essential intcresis-of life and liberty. This
opening was applicable to the curnest appeal
Of Mr.. lngersoll, who had strongly conicndcd d
that the Court should not, upon the habcas
corpus, enter into any consideration but the
regularity Of The process issued out Of the
District Court leaving all the great qncs
tions to be discussed and decided in that
Court, at the proper time and in the proper
manner.
Mr.. Staples insisted that it was the right
and the duty Of the Circui, Court to decide
those questions now. The claims of the
Spaniards and Of all other parties to the YES
sci aud cargo might be eft for decision in
the Distric, Court but here was n question
of libcrty-of personal righ,s-and it was not
to be tolerated that these unfortunate A fri.
cans should be immured in a prison while
third parties were disputing about them as
property as if they were bales of merchan-
dize. or brutes devoid Of reason.
Mr.. Staples then went on to argue the
general questions at great length, and with
exceeding force contcnding that The Afri-
cans, even by the law of Spain, were free,
the m ,ment they arrived at II 'vann-in proof
of which he read decree issued by the King
of Spain in 1917, prohibiting the importation
of slaves, and another decree, confirming il,
issued by the Queen Regent in 1898; the
first of which was given at length in volume
of Whea,on's Reports, and the second was
among the documents communicated to the
British Parliament by Lord Polmerston. As
Mr.. Baldwin had done before him, Mr.. Sta
pies took up all the numerous and compica.
ted questions presented by the facts, and ex
amned them with very grcut abilliy--making
u powerful argument in support OF the position
that the Africans could not be held in du-
rance under the process issued against them
He was prepared also to show that the Cir
cult Court had not criminal Jurisdiction in
the matter, but on this point ho had been
anticipated by the decision of Judge Thomp-
son.
Mr.. IIolabird, the district attorney, follow
ed, with very lamo attempt to sustain the
libel he had filed on behalf Of the United
States government; which he sought to up
hold by the act Of Congress passed on the Sd
Of March, 1919. providing for the disposition
of negroes taken on board american savers.
and brought into the United States by
American men of war.
Mr.. iIungcrford, of counsel for the Span.
iards, followed with long and highly jnge
Nous speech, in which he contendcd that the
Africans were the property Of Senors Montez
and Ru.z; that property in slaves was re.
cognizcd by the laws Of Spain and Of the u.
States that there was no proof before the
Court showing the slave trade to be forbidden
by the laws of Spain; that if it was, there
was no proof that these negroes had been
imported into Cuba from Africa, and had
not been born slaves in the island and e.
nally that the Courts and the government Of
the United States were bound by the treaty
with Spain, which provides for the mutual
delivery of vessels and property, coming into
the ports of either nation by stress Of weather
or other necessity.
In the course of the afternoon an affidavit
was read, which had been made by John
Ferry, n native Of GalIina, who had been
brought from Africa to the West Indies when
about or l2 years old, and still retained a
knowledge Of his mother tongue. lie dcpo-
sed that he had seen and convcrscd with the
three girls, and found that they spoke the
Gallina langna2H and no other and from
their speech and appearance, he was salts
fed that they were native Africans, and very