Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-23

parties is engaged in war This article required Ger
Tain form Of passport TO be agreed upon by the pares
and ann, sed 10 the treaty. II annexed and
therefore, in the Of the Amable Isabella, 10 Wheat
Il. it held imperative.
1t is also most important consideration in the pre-
case which ought not 10 be lost sight of that, sup
posing these African negroes not to be slaves but KID
Mapped and free negroes the treaty with Spain cannot
be obligatory upon them and the United States are
bound to respect their rig much those OF Spa
nsh subjects. The conflict of rights between the par
ties under such circumstances becomes positive and IN
evitabp and lie decided upon the eternal primer
plies Of Justice and international law. IL The contest
were about any goods board oil this ship, TO wnch
American citizens asserted title, which was denied oy
the Spanish claimants, there could be no donbt oi the
right of such American citizens TO tgate their claims
before any competent American tribunal notwhstand-
ing the treaty with Spain. A fortiori the doctrine
must apply where human life and human liberty are IN
issue, and constitute the very essence OF the coho-
rersy. The treaty with Spain never could have IN
tended take away the equal rights Of all foreigners
who shall contest their claims before any OF our courts
to equal Justice, 10 deprive such foreigners OF Inc
protection given them by other treaties, or BY the gene
raj law of nations Upon the merits of the case, men,
there does not TO us TO be any ground Tor aouo.
that these negroes ought be deemed free, and that
the Spanish treaty nterPoses no obstacle 10 'e Ju'
assertion ef their rights.
There is another consideration gowing ont OF TINS
part of the case which necessarily arises in udgme
IL is observable that in the United States IN their ofe
nal claim filed il in the alternative to have the negroes
if slaves and Spanish property restored 10 the propre
tors: or if not slaves but negroes who had been trans
ported from Africa in violation of the laws OF the unea
States and brought into the United States, contrary TO
the same laws then the Court to pass an order 10 ena
bic the United States to remove such persons 10 the
coast of Africa be delivered there to such agent ms
NAV be authorized receive and provide for them Al
subsequent PERIOD this last alternative clam was
not insisted on, and another claim was interpossd
emitting it, from which the conclusion naturally arises
that il was abandoned. The decree of the District
(,ourt however, contained order FOR the delivery
of The NEGROES 10 the United States, to be trans
,or,ed TO the coast of Africa under the net Of
The Sd of March, 1919, ch. 22I. The L. D do not
now insist upon airmance OF tins part al the de-
cree; and, in our Judgment upon the admitted 'acis
there is no gro nd that the comes within
The puryiew Of the act of 1919, Of any other of the
prohibtorv slave trade acts These negroes were ne
ser taken from Africa or brought to the L $ in
travcnliun Of those acts. When the Amlstad ar
rived she was in possession Of the negroes asserting
their freedom and in could they possibly
intend TO import themselves here, as slaves. In this
view of the matter, that part Of the decree of the
District Court unmanalnahle and must be reversed
The view which has been thus taken ofthis upon
the merits under the first point renders Il wholly nnne-
ccssary for us 10 give any opinion upon the other point
rs 10 tho right of the IT, States 10 intervene in tins
in the manner already stated. We dismiss tins, there
fore as we'll several minor points made at the argu
ment
AS to the claim of Lieut.. Gedney for the salvage
service il is understood tina, the I. States do
desire 10 nterpose any obstacle to the allowance OF T.
if il is deemed reasonable BY the Court II was high
" mcrorous and useful service 10 the proprctors Of
the ship and cargo and such as by the general princi
pies OF maritime law, is always deemed jns fonnda-
ton for salvage. The rate allowed by the Court does
not seem 10 have been beyond the exercise of
sound discretion under the very peculiar and embar-
rass,ng circumstances Of the case.
Upon the whole, opinion is that the decree of
the Circuit Court affirming THAT Of the District Court
ought 10 be affirmed, except far as il directed The
negroes to be delivered 10 the President be trans
ported Africa in pursuance Of the act of The Sd Of
March, ISL? and, to this il ought 10 be reversed,
and that the said negroes be declared to be tree and be
dismissed from the custody Of the Court and 90 with
out day.
True Copy Test
WM. THoS. CARROLL, c. S. c. L. S.