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

jurisdiction. If this is an enquiry properly within
the admiralty jurisdiction of that court, it must
there be had. If II be not within the Jurisdiction
of that court the prisoners must be discharged un-
! der the writ of habeas corpus.
| The only ground upon which any jurisdiction in
the District Court be sustained, arises from the
| fact that the Amistad was CGpfured by Captain Ged
new and brOught into New London. If she had
come there of her own accord, that is by the mere
act of the persons originally on board Of her, be
yond all question, the District Court would have
| no jurisdiction whatever.
| i. s. We have just learned, that on Monday
morning Judge Thompson delivered the opinion Of
the Circuit Court, the habeas corpus questions,
deciding that the District Cont, under its general
admiralty powers had jurisdiction Of the question
whether The Africans were property not, and if
property, TO whom they belonged. The Circuit
Court on that ground declined to interfere and
would leave the question to be tried in the first in
stance by the District Court.
Judge Thompson Observed that in point of fact,
Tho seizure was made within the Southern District
of New York, then the trial Of the questions in
dispute must first be had in that District, and tho
District Court Of Connecticut would be busted of
It's jurisdiction.
The jurisdiction of the District Court seems to
have been sustained entirely the authority of
tho Of the antelope. The case of the Ante
lope was this. She was Spanish SLAYER, and was
Illegally seized by American cruser and brought
into the United States, against the will of the per-
sons in possession. 1t commended that although
the capture was illegal, and tho ship must be re-
storcd,ye The slaves on board having been brought
into tho United States, free, and could not
be given up TO their former owners But :he Cont
decided that they would put matters back into the
condition IN which they STOOD prior TO the illegal
interference on the part Of the American cruiser
Therefore they gave up the slaves.
The facts IN tho Of the .7mistad are totally
different. That ship was taken possession of hy
Capt Gcdney, at the cypress instance and TcqulSt
of Nlontez and Ruiz, The former owners OF the
slaves, and was brought into the jurisdiction Of the
United States, Mt their desire. The case then so
fan as Montez and Ruiz concerned, stands upon
the same grounds as If the vessel had been brought
into New London by the persons on board IN
which case there would be prutence for any in
terierence on the part of the District Court.
If, IN The present case, the Court should under
take TO act upon this same principle Of status In
quo, which governed the Antelope case, it would
be much more proper To deliver up Montcz and
Ruiz To the Africans, than the Africans 10 Monlc2
and Ruiz AT the time when The American inter
! ference commenced, the Africans were no longer
slaves They had vindcated their liberty and on
! the other hand, had reduced Ruiz and Montcz Ia
a condition Of servitude.
The principle, certainly, Of restoring things 10
! the state in which they stood, when the American
interference commenced. never can Justify the dc.
livery Of the Africans to the Spanish claimants.
! When the hearing before the District Court will
| come on, we are not informed
LATEST
The AMIsTAD CAPTIvEs. The District Court
for the District of Connecticut, before which the
case OF the Amistad cnpiiv"s is pending, has adj
lourncd, 10 meet again Hartford on The I9h OF
! November next. la the mean lime the judge has
ordered measures to be taken 10 ascertain whether
the seizure were made within the jurisdiction of
| the Southern District OF New York, IN which case
| the cause would be transferred to that District
The prisoners have been remanded 10 New Haven
jail. The court would bail them, but this could
only he done on an npprasment, the counsel of the
prisoners do not choose to ask tit being contra
ry to the doctrines Of the abolironisls 10 parake
IN any act which seems to acknowledge the vad
| ~ Of Slave property. The MARSHALL was directed
to see that the prisoners were comfortably situated
and that they were provided with proper food
clothing and medical attendance.