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

account OF the progress of the trial of the blacks
taken on board the Amstad. We shall continue
the history till the questions are decided.
From the Boston .Atlas
THE AFRICAN CAPTiVES.
1t appears from the Hartford Courant, that on
Friday, the grand jury for the district Of Connect
cut came into the United States Circuit Court, and
requested instructions and charge from the Court
as to the African prisoners accused OF murder and
piracy, which ca se was before them for considcra.
ton.
Judge Thompson informed the jury, that the u.
8. Circu!t Court had jurisdiction of the crimes OF
murder and piracy under certain circumstances but
whether not The Of the prisoners, referred
to- was ono Of which that Court had jurisdiction
he conld only tell when the particular facts Of that
case were laid before him. lie could give no o.
pinon unless they would furnish him with a state
ment of facts 1t would be useless for him 10 ad.
dress them generally upon the crimes Of murder
and piracy. ia statement of facts were submitted
it would he the duty Of the Court to give an opin-
ion upon that statement to the urisdiction OF the
Court.
The grand jury then retired. and afterwards re-.
turned into court, and presented to tho court the
following statement of facts by them found viz -
"That Spanish vessel, built in Cuba, called the
Amstad duly and legally licensed 10 carry on the
coasting trade, sailed from Havana the 2Sth of
June, 1880, commanded by Raymond Fener, for
the port of Gnanan, in the island Of Cuba having
on board cargo OF sundry articles of merchandise,
two Spanish citzons as passengers with 53 negroes
purchased by them as SADINoEs, Chat is, not ma
lives of Cuhn) in the city OF Havana, with regular
permits for the Spanards, negroes aud meIchan.
die. That about four days after sailing, when
three or fnur leagues from Cuba, and forty from
Havana the negroes rose upon and killed the mas.
farm uIO q ur u he IDpI 10
command and charge Of the same, and wounded
and injured the two Spanish passengers. That on
the Goth of Aug. last. tho said schooner Amslad
was found in the waters near the east end Of Long
Island, within one mile OF the shore, in possession
Of the negroes aforesaid, from whom she cap.
turcd by the u. $. brig Washington and brought
into the port of New London, IN the district of
Connecticut. where the said negroes were appre.
hended by tho Marshal of this district in whose
custody they now That while said vessel was
so in possession of snd negroes, the boxes and
trunks Of goods were broken open bY them, and
sor9o of the goods they appropriated 10 their own
use"
Upon this statement the grand jury prayed the
judgment and instruction of the court, whether any
offence had been committed whereof that court had
jurisdiction.
Judge Thompson said he would take till the at
ternoon to consider the question. At the opening
Of the court in tho afternoon, he accordingly do
ivered his opinion. which is reported in the Hart
ford COurant follows
Judge Thompson said "The Laws Of the United
States grew out of the statutes and the laws of ma
tons. The offence charged in this case arose ont
of two statutes, and would be tried in this district,
if triabIe at al in the United Staosbut the Courts
of the United States but the Courts of the United
States have no jurisdiction over offences commit
ed IL 94 h '2gngH NO " aon ,oehc, be an Of
fence at ri, iti cannot be tried here. The courts
OF one country have nothing to do with those of
another and an offence committed in n foreign
country cannot be tried in another jurisdiction. A
vessel sailing under the papers of another country
is to be treated part of the territorial properly
Of the country TO which she belongs, and this
court could not try the alleged offence if il had
been perpetrated in Spain or Cnba any other
Spanish settlement, so neither, for the reason given
could this court try it rs having hccn committed Cd
board a Spanish vessel, which is identical with the
soil OF the country to which she belongs. Under
the state of the facts, therefore, said his honor,
have no hesitation in telling you that this has
no jurisdiction, nor are there sufficient facts before
you to variant you in finding bill"
Thus has been settled,-nnd exactly in the way
in which we expected, for in the beginning of this
affair expressed the opinion that the grand Jury
never would find bill, the first great question
raised in relation to this matter the question name.
ly, whether the courts Of the United States have
any jurisdiction TO Try these Africans for the aleg
| ed crimes of piracy and murder.
The second great question in the case, the ques
! ton, namely, whether the President of the United
States has any power To deliver up these persons To
the Spanish government, fugitive criminals we
consider that question to be concusivey settled in
the negative, by the recent case of DIR Holmes
| ANY Such power claimed and attempted to be
orcised by the President of the United States could
not fail, sooner later, to bring the Federal Exc
cuiive into dangerous collision with the State au
thorities.
The third great question: that, namely, whether
these captives can be regarded and treated pro-
per1y and as such are liable to be delivered up to
the persons claiming to own them, The question
raised though possibly il may not be settled by
the llabeas Corpus case III regard TO the three
| children, as TO the progress of which we pro
coed to give some account.
This case came on for argument on Friday morn
ing. 1t appeared by tue return of the Marshal &c
the writ, that there had been filed in the District
Court, first libet by Captain Gedney and his
crew, claiming salvage upon the Amstad, aud the
property on board, OF which property il set up
that these girls a part, inasmuch they were
slaves second libel on the part of Pedro Mon
tez, claiming these grls as his property, and pray
! ing that they might be deliver ed up to him ; and
third, libel by the u. S. Attorney for the District
of Connecticut, setting out that these girls were
claimed by the Spanish Ambassador, under the
treaty with Spain, as Spanish property, and pray
ing that the Court order them 10 be delivered up