Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1841-03-17


and Montez were alone the parties ag-
grieved. | ask your honors, said Mr.. |
A., is this justice? The Secretary pro-
ceeds to describe the sympathy which
actuated Lieut.. Gedney and his officers
and men. towards the Spanish gentlemen
suffering under the lawless violence of
their oppressors, and he declares that this
sympathetic feeling soon became in a
manner national. Here was the motive
of the United States for appearing as a
party in this suit. And that motive IS
not justice, il is sympathy with one party,
against the other. With too much rea-
son does he call this sympathy national,
and it is against this sympathy that |
must call upon even this Court to restrain
itself-in the name of justice. One of
the judges who presided 10 some of the
preceding trials, is said to have called
| this an anomalous case. It's an omalous,
said Mr.. A., and know OF no law, but
one which am not at liberty 10 argue
before this Court, no Law, statute or Con-
stitutlon, no code, no treaty, applicable to
the proceedings of the Executive or the
Judiciary. except that law-(pointing with
Tremendous emphasis to the copy of the
Declaration of Independence, hanging
against one of the pillars of the court
room, that law, two copies of which are
ever before the eyes of your honors. /
know Of no other law that reaches the
case Of my clients, but that law of nature
and Of natures God. on which our faith
ers placed our own national existence
The circumstances are so peculiar, that
no code or treaty has provided for such a
| case. That law, in its application 70 the
case OF my clients, trust will be the law
on which the case will be decried by this
Court. >z~.:
In commenting upon the first seizure
of the vessel, he quoted the Senate reso.
lutions, (Calhoun's, of last session, and
said, admitting those principles to be true
to what nation did the Amistad belong
when taken possession of by the officers
OF the United States The Africans were
in the possession, and had the presump'
tive right of ownership, they were in
, peace with the United States, the courts
/ have decided, and truly, that they were
! not pirates, they were on voyage te
. their own native homes, their dGlces 4r
$ Cos; they had acquired the right, and Sc
> far as their knowledge extended, they hae
) the power of prosecuting the voyage. TIT
ship was theirs, and being in immediate
: communication with the shore, was
believe. in the territory of the State o
: New. Y ork, or, if not, at least half of thu
s number were actually on the soil of New
: York, and entitled to all the provisions 0
i the law of nations, and to the protection
: and aid, and comfort, which the laws Q
e that State secure to every human beini
r | within her limits. ln this situation, Lieu
: GedneY, without any charge or authorit
il from his government, without warrant G
S law, by force, by firearms, seizes and dis
} arms them, then being in the peace 9
THAT Commonwealth and of the lutte
e States, drives them on board the vessel
Il seizes the vessel and transfers it, agains
it the will of its possessors to another State
e ask in the name of justice, by what la'
n was this done2 Even admitting that
d had been case OF actual piracy, Whic
n your courts have properly found It wa
n not there are questions arising here Q
It the deepest interest to the liberties of th
Is people of this Union, and especially
T. the State of New York. Have the off
IS GERS of the u. S. Navy right to seiz
men by force, on the territory of New
,sl York, to fire at them, to oyerpower then
4 to disarm them. to put them on board (
If vessel and carry them by force, an
= against their will to another State, Withol
,e warrant or form OF law! am not al
r. raigning Lieut. Gedney. but | ask thi
10 Court, IN the name of justice, to settle
e in their minds, by what law it was done
IS and how far the principle it embraces
to be carried. ~.
In commenting upon the demand fir
: made by the Spanish Minister, Don Ca
deron de la Barca, Mr.. A. adver:ed to Il
ii illustrious Standing Of his name in Il
Spanish annals, and to his own friend
relations with him while resident of th
country, and begged to be understood |
ee not intending to treat him personally wi
lrt disrespect while he examined his demand
be as they ought to appear In the eyes of ];
it. American Executive or an America
FL Court NJ Calderon then demands,
e. that the vessel shall be delivered to b,
u owner-who was killed; 2. that j. shou
sct be declared by the President that no Cou
on could try the negroes, but that he shou
as keep them safely and send them 10 Gu
in for punishment; and 8. that they shou
he be delivered up to their owners, or Il
en- latter indemnifed. In what position do
,r. he place the President of the u. State'
NO First, he is 10 turn jailer and keep the
men safely. and then to become a tip-st
ar, and carry them to Cuba, to be tried
:, the slayeholders of the Barracoons. w
81. ever such demand made upon civ
Tas ized government If the President b