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

question by the answer 10 tue Teturh-inns-
much as these facts were in litigation in the
District Court.
Mr.. Baldwin replied, contendng that the
question was properly brought before the
Circuit Court; it was tn decide whe ther
these persons were or were not Illegally held
in custody. lie averred that the District
Court had no right to issue warrant for the
arrest of these girls, ms property, nor the
MARSHAL to hold them as property.
Judge Thompson suggested that the girls
were held rs Witnesses IN criminal case-a
fact which seemed 10 obviate the difficulty.
Here the proceedings were interrupted
by the entrance of the grand jury. The
foreman stated that the grand jurors had be,
fore them bills of indictment for murder and
piracy against the Africans, and wished for
advice from the Court respecting the law.
Judge Thompson said the Court could not
give advice unless advised Of the facts
brought to the knowledge Of the jurors, and
that advice, when given, could relate only to
the jurisdiction of the Court.
Thereupon the grand jury retired.
Mr. Baldwin resumed. When the habeas
corpus was sued out, the only process under
which the marshal held these girls was The
monition on the libel Of Lieut. Gedney, which
directed him to take possession of the vessel
and Of The property on board. lie contended
that the girls were free; and denied the
authority Of any Court to make them slnves
or to deal with them as slaves. As witnes.
ses they might indeed be bound over for
their appearance 10 testify; aud in that light
security for their appearance would not be
wanting. But no otherwise than as witnes-
ses could they be held; aud no Court in Con-
nectcut could assume jurisdiction over them
for any other purpose.
Mr.. Baldwin adverted to the fact that some
of the Africans were arrested on shore, within
the state of New York; ard averred that if
that were so, no Admiralty Court could have
jurisdiction over them. Kenfs Com. ] 3G6.
The libel did not allcge that these girls were
on board the Amstad; therefore it was de-
fective TO give jurisdiction to the District
Court.
He alleged also thnt if there was jurisdic.
ton in any Admiralty Court, it must be IN
the District Court of New York. The Am
istad was taken within that district Lient.
Gedney had no authority to transport the
captives into any district other than the one
in which they were found.
Agan--lhc moniton directs the marshal
10 take into his custody the schooner and the
"arlicles of personal property" on board
Here was no warrant for the arrest Of these
individuals. Tho marshal had no right to
assume that they were included under the
term "prupcrty." He was bound TO regard
them and trent them as human beings, not as
property. There was no process against
lhem-no authority for him TO take them into
custody.
On these and other grounds Mr.. Baldwin
contended that it was within the power and
the duty Of the Circuit Court to inquire into
the jurisdiction Of the District Court over
these Africans as property; into the authority
Of the marshal to arrest them; and into the
right or authority by which they are held in
custody. And the writ of habeas corpus was
the proper process 10 bring the subject before
the Circuit Court for its adjudication.
Mr.. Baldwin was very severe upon Licu'.
Gcdney-not for taking the vessel, but for
setting up q claim for salvage, which, he said,
should be secuted from the tribunals Of free
country.
Judge Thompson, referring to the dictu;n
OF Judge Judson yesterday, that there was no
power in the District Court TO sell the ne
groes, said that the question of property was
already settled; and that the negroes were
not held under any process from that Court
OF course therefore they arc entitled TO be
discharged.
Judge Judson said he had 20 decided, and
meant to be so understood. He had intended
to rule that the negroes were only held under
the application Of the district attorney, on
behalf Of the government of the United
States, consequent upon the demand Of the
Spanish minister.
Thus it appeared that the negroes were
only in custody under the process of the
Circuit Court, on tho criminal charge. And
Mt Baldwin, under this state Of facts, made
Q powerful argument against the claims OF
Scnors Ruiz and Montez to take out any
process from the District Court, for the ar
rest and detention Of the negroes, as slaves {;
and against the power of the District Court
to issue any such process. The negroes
were in the state Of Connecticut, and entitled
to their freedom. The District Court had no
power over thcm-much less any power to
hold them rs slaves. lie read the 9Th and
9th articles Of the treaty with Spain, which
was relied on by the Spanish claimants-pro-
vidng for the restitution of vessels and ef-
fccts that should be rescued from pirates or
robbers on the high seas. But contcnded
that the question OF property still came up
The treaty did not make negroes property.
Mr.. Baldwin then took up the libel filed
by the district attorney, on behalf Of the
United States.
THE grand, jury came in again, and the
foreman read a short statement Of facts, on
which they wished instruction. from the Court
Judge Thompson told them that in the after
noon he would be prepared to advise them us
they requested.
Mr.. Baldwin resumed the reading Of the
district attorneys application. lie denied
the right Of the district attorney 20 make any
such application to The District Court. The
Executive of the United States had no right
to call upon the Court .or the arrest and de-
tention Of slaves, at the instance Of the
Spanish minister. The Spanish minister had
nothing TO do with the matter. He denied
that tho Executive of the United States was
under any obligation to pursue and arrest
fugi,ives from bondage. Mr.. Baldwin argued
these points at great length and very elabo.
ratcly.
Then as to the alternative application Of
the district attorney, that the negroes may be
held subject to the disposal of the President,
under The act of 1919, providing for their
restoration to Africa, he contcndcd that the
act applied only to cases Of negroes found on
board American slave ships, which had been
captured by American vessels Of war, and
brought into a port of the United States, or