The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-23

.,,,a ,sndsd 10 take away the equal rights Of
III So,sgners who should contest their claims before
any Of our courts equal Justice Or % deprive such
10y ~ hv The generai law o. nations Upon the me-
~, ~ he case then there docs not seom TO ~ 70 be
NV ground for doubt that these negroes ought 70 be
deemed free and that the spanish treaty nterposes no
| ahs,acIe 10 The Just assertion ofiheir rights
! There is another consideration growing out Of this
mari Of the case which necessarily arises in judgment
II Is observable that the United States IN their ongi-
nal claim filed il In the aernativeto havetnc negroes
il slaves and Spanish property restored TO inc propre-
tors or f slaves but negroes who had been trans
ported from Africa in violation Of the laws OF the
United States, and brought into the United States
contrary the laws, then the Cour TO pass an
order TO enable the United States 10 remove such per-
sons to TO the OF Africa, TO be delivered there 70
such agent may be authorized to receive and provide
for them. At subsequent period this last ailerna-
tive claim insisted on, and another claim was
interposed emitting H. from which the conclusion ma
turaliy arises that it was abandoned.
The decree of the District Court however, contain
ed an order for the delivery of the negroes TO the
United States TO be transported to the coast OF Africa
under the act of the Sd Of March, 1872 ch 224. The
United States do insist upon any afiirmance
ofhs part of the decree; and in our judgment, upon
the additional facts there is ground TO assert that
the case within the purvew Of the act Of 1919,
or OF any other Of our prohbitory slavc-irade acts
These negroes were taken from Africa or
brought TO the United States in contraveniion Of those
acts When the Amistad arrived she was in posses,
sion of the negroes asserting their freedom; and in no
sense could they possibly intend to import themselves
here slaves for sale slaves. In this view OF
the matter that pant the decree Of the District Court
is maniainable, and must be reversed.
aThe view which has been thus taken OF this case
upon the merits under the first point renders wholly
unnecessary for TO give any opinion upon the other
point 10 the right Of the United States 10 Intervene
In this case in the already stated. We dis
miss this, therefore, well several minor points
made at he argument.
| As to the claim of Lieut.. Gedney for the salvage
service is understood that the United States do not
desire interpose any ohsises 70 thv allowance
OF II, II il is deemed reasonable by the Court II was
highly meriorious and useful service 10 the proprc-
tors Of the ship and cargo and such as by the gene
raj principles Of maritime law Is always deemed Just
| foundation for salvage. The rate allowed by the
! Court does not to to have been beyond the
exercise of sound discretion under the very peculiar
and embarrassing circumstances ofthe case.
| Upon the whole, our opinion is that the decree OF
the Circuit Court affirming that Of the District Court
ougl to be affirmed except far as It directed the
negroes TO be delivered to the President to be trans
ported 10 Africa in pursuance Of the act Of the Sd OF
March, 1919; and this, il ought to be reversed,
and that the said negroes be declared TO he free and
be dismissed from the custody Of the Court, and 90
without day
True copy. Test
VIM. THOS. CARROLL. c. s. C. u s.