Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-04-07
THE AMISTADCASF

The following extract from Judge S,,,s.
opinion, We copy from the National Iuialr-5ll'
Ger. It contains the gist Of the whole me-
Gin. Rep.
The cause has been very elaboratelv ,,-.I
as, well upon the merits as upon mgi5s !,
behalf of the appellees to dismiss the ,ns1
On the part Of the United States II has -
contended, l. That due and efficient ~,
concerning the property has been msdsta,s
/ thorise the restitution of the vessel earn ,rJ
negroes, to the Spanish subjects on u7ssb.
half they are claimed, pursuant TO lie trss,v
| with SPAN, of the 9th October I76.
That the United States have a right to Ise-.
vene IN the manner in which tbey have 6os
to obtain decree for the restitution Of d
property upon the application Of the Spans
Minister These propositions have been Ste.
neousiy denied on the other side. Other Cd.
lateral and Incidental points have been stsea
upon which 1t Is not necessary at tbs mOmea
to dwell.
No question has been here made as to Tie
proprietary interest in the vessel and cargo. It
! is admitted that they belonged to Spanish sub
! Jects, and that they oug ht to be restored The
only point on this head Is. whether the restItu.
ton ought to be upon the payment Of salvage
or not. The main controversy is, whether the
negroes are the property of Ruiz and MOntez,
and ought to be delivered up; and to this, ac-
cordiBgly, we shall first direct our attention. L
has been argued on behalf ofthe United States
that the court are bound to deliver them up az
cording to the treaty of 1875 with Span,
which has in this particular been continued N
full force by the treaty of 1919, ratified in
1929.
The sixth article of that treaty seems te
have had principally in view cases where the
property of the subject of either state had been
taken possession of within the territorial jHrs
diction of the other, during Wharf.-The eig1t
article provides for cases where the Shipping
: of the inhabitants of either states are forced
: through stress of weather, pursuit of pirates d
enemies or any other urgent necessity, to sea
shelter in the ports of the other. There msy
well be some doubts entertained whether tie
Q present case, in its actual circumstances, hk
D within the purview Of this article. But Il dos
not seem necessary or reasons hereafter sais3
, absolutely TO decide it.
The ninth article -oy des stl a. all ships ald
: merchandise, of what nature sOeyef, WIN
: shall be. rescued out of theihands Of any prs
). les or robbers, on the high seas, shaAbs
brought into some port OF either State d.
: shall be delivered TO the custody Of the G.
q fcers of that port, in order to be taken elis
e of and restored entire to the true pNprsG
e as soon as due and sufficient proof shal 3
- made concerning the property thereioTe." lbs
is the article on which the main rehalce :
; placed on the behalf of the Uniting Stals ~
e the restitution of these negroes. To bTed; 'he
v case wherein the article, 1t Is eSsenho1 p e
o tablish first that these negroes, undsr al Gu
) cumstanecs, fall within the descHpIn q mel
chandize, III the sense of the treaty; se'aao!'
= that there has been Ia rescue OF them o. '.s
" high seas out ofthe hands of pirates az ~
1t bers which in the present case. can cng Oss
n showing that they themselves are Prslss al'
robbers; and 3dly, Ruiz and Montez ihe 81 So
ted proprietors, are the true proPne'0s' sps
se have established their title by cOmPell1 ~
d If these negroes were at the time 1"s-
m held as slaves under the laws Of SPAN =.
: recognized by those laws as proper! go :.
of being lawfully bought and sold, We - =
$ reason why they may not be justly &C.,
Ill within the intent of the treaty. to &c -
under the denomination Of meFcl
as such, ought to be restored to t1e e.a..-, ,r8
: for, upon that point, the AVS Of op@n wSs
seem to furnish the prope: rule Of ls' r.S ogr
a ton. But admitting this, It ciedl .aif,rts
opinion, that neither of the other eS -,of
- and requisites has been established u p.t he
- and the onus probanai Of both, hes uF'' T. =.
ls claimants to rise 70 the casis tedsras: !" -
a plain beyond controversy, # We examine ~
evidence, that these negroes hesel .ry 9TH
le lawful slaves of Ruiz or Montez OF u o.
lg er Spanish subject. usre KID
~ mapped there, and were uniaEial! usi fTestes
to Cuba, in violation Of the avs ~, ,bp An
of Spain, and the most solemn eal.. - JsaEns
can slave trsde is utterly abollsheO =. Inns. sn
IS in that trade is dyemed henous . .ls 5onin
h the negroes thereby introduced mo y. Ruiz
!. ions ofSpain are declared to DC LII he pre-
and Montez are proved TO have niaus fol
tended purchase of these negroes sad. So
s. knowledge of all the circumsla IN tbs
e. cogent and irresistible is the eVioe ~ sani
a. resneet that She district attorney i ,s. ,hes
IT. ted in open court. upon the record liz ~.lT TO-
at NEGROES were native Africans, and reces to
to ported into Cuba, as illegal IN thel ii nroDre
r. the lbels in the case. The supposs 4 con-
ho tarv interests, then Of Ruiz and Mon 10
MS pletey displaced. five are at h9 S.bs is.rc
at the evidence ofthe admission o. In' sre not
attorney. if then, these neglOs who, b
slaves, but are kidnapped Aire s,;,Iod to Their
F the laws of Spain itself are eas' ;;Hocaly car
freedom, and were kidnapped any, ; ned and re I
RED to Cuba, and Illegally oes'. ,bere is 10
strained on board of the Amis1ao, los or rob
g pretence to say that they are Prssi ran acts b
bers. We may lament the d 5-... and tori
IN which they asserted their liberty .sTOrea
r possession Of the Amistad, and en .hsv cannO
q reoain their native country, bur ~ sense
: he deemed pirates or robbers N ta0 Sam,
The law OF nations, or the treatY WIN % = ibos
the laws Of Spain ITSELF at leasl 3 - ao
laws have been brought e cur - .-. tbeTl
S dothe Ibels Of Ruiz aud Montez ssse''
+ be such.