Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-15
MORNING HERALD.
A Decision II, Ia., In the Ainistad Case.

A Decision az last In the Aintstad Case.
After several tedious hearings, arguments, trials,
and other Judge Judson has decided follows:
l. The Amistad was seized upon the high seas,
and therefore the court New Haven has jurisdIc-
ton over the whole subject matter of this case.
9 The court has jurisdiction also over the Africans
ON shore at the time of the seizure.
3 The libel of Gedney was properly fled in the
Connecticut courts.
A. No court in the Uaited States can hold Jurisdic-
in the affair of the murder Of the captain and cook,
bv the Africans. The laws OF Spain alone reach
this act
: Lent. Gsdney is entitled to salvage on the ves-
sci and goods; and the decree is that the schooner
and her effects be delivered up to the Spanish
government upon the payment, at reasOna able rate
for the services in saving this property from entire
loss An appraiser will be ordered, and one.
third of that amount and will be deemed Just and
reasonable.
6. No salvage can be allowed On the slaves, for
the laws of Con necticut recognize no value in them
I. Antonio, the black boy, is to be given up to his
masters heirs, under the treaty of 1875
5. The negroes are not to be given up to Montez
and Ruiz as their property, nor TO the Minister Of
Spain claiming in their behalf; because they have
furnished no title the negroes bill of SALE no
proof OF pay ment; and the laws of Spain recognize
no such property as these negroes.
g. Noti,e having been proved TO the negroes they
must be given up to the executive of the United
States.
The question remains What disposition shall be
made Of these negroes by the government of the
United States
There is law of Congress passed the 81 of March.
1919 which renders it essential that all such Afri-
cans as these should be transported, under the d.
g Of he Init
Africa.
The 2nd Sec. Of the Act Of March Sd, 1919 is As
follows:
That the President of the United States and he is here
by authorized nuke such tguation sDd he
deem exPedent for the sae Keeping support and
goes nuatSes persons Of color be delivered End
brought within their Jurisdiction and TO APPOINT proper
person persons residing the Of Africa sgea
'or agents f"r receiving the negroes, Sc &C."
The lst Sec. ofthe law OF 1878 is left still in force
by the repeating clause Of this act Hence we must
go the law Of lslS and connecting it with the Act
of 1919 ascertain whether these Africans are within
the spirit of this supervising
This Act of 1915 provides that from aaG after its passage
IL shs not te lawful to nnpnt bring MANNER
WHATEVER into the United States territories thereof
roE foreign kingdom place or country any negre
atto Of color, with inBt hold any such negro
slave held TO service or la any sueh erseu"
10 Judge Judson then, lastly, decides that these
g. 1919 and that ,he President of the United States
must send the back to Africa. lie then continues
thus
ssCinauez and GTabeau shall not sigh for Africa in
vain. Bloody may be their hands, they shall vet
embrace their kindred shall put in form a decree
Of this Court that these Africans, ping Antonio
be deli, cred 10 the President OF the United States
To be ported Africa there to be delivered 10
the agent appointed to receive and conduct them
home.
s.ro do IT, we have ample authority and ample 4
means What American can OBJ ect To this decresl |
No one, surely, hen the case is correctly under
stood.
carry out this decree. This may well be anticipated,
because the facts which have found and shall put
upon the record will carry convic ion 10 every mind
Antonio, falling clearly within the other principle,
and, in the presence OF the Court, expressing a
strong wish 10 be returned will be decrsed 10 the
government Of Spain. with the vessel and goods;
the vessel and goods being alone subject to the lien,
which the necessity Of the case has thrown upon
them, for the salvage service and the cost"
Lest any dissatisfaction should exist, however,
he says that neither party nor claimant can be pre-
Judi ced BY his determination, because the law Sc
cures a appeal TO the highest tribunal in this
try, where his decision may be both reviewed, and
If wrong GORE cted. IL is then OF little in portance
to the persons in interest, what may be The determ
nation of this court for like this will and
should no, rest upon single trial, without review
before the Supreme Court, in whose decision all |
would be satisfied.
Thus, then, is disposed Of, for the present, this
complicated and protracted case; so interesting to
those Immediately concerned, and involving princi-
Piles Of such immense importance, not only 10 this
nation but to the world at large.