The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-03-02
ror lie Californian.
rnE AMIsTAp G Sc

ricJudse decided they've not slaves either under
the Spanish law our own, is one OF the deepest
importance TO tho southern states
Tho above is the opening sentence of in brief
review Of some of the points in the case of the L.
Amistead and tie principles involved which may
he found in the Washington Globe of Jan. z. l5il.
The editor says it is 'om of The first intellocs
or,be South by many supposed to bio no less
nersonaee than the Hon. John Forsyth, Secretary
Of Stale.
It is not my intention to review this "bref re-
view as ha, has ulrsady been done, very effect
ually, by several Others IN the New York Journal
Of Commerce of Feb L. Ny object IS 10 invite at
tenton TO the above quoted sentence, to show that
j, is true. & that, haply in making it, 'one Of the
frs, ntelects Of the South has "laid the axe
to The root of the tree of the highly priced and
time honored, domestic institution, Negro Slavery
VIVA, then is "the case and what "the circum-
stances under which The District Judge decided
they [ihe AfficansJ were not slaves''
The facts and the law, applicable to Them, are
the proper elements, the only ingredients Of "the
case" and tsihe circumstances could have had
No influence on The decision, If The question was
properly presented and the Judge was honest and
faithful to his oath.
The record exhibits tho following facts ,admited
to be true by slr. F. hut improperly, as he CON
tends because some Of them are inconsistent with
Custom House pass found on board the vessel
The persons in question are native Africans, re-
Gently kidnapped and brought by force into the
island of Cuba and free by the laws of Spain. Al
ter n purchase BY Ruiz and Mon,cz OF some person
or persons known by said purchasers TO have no
right sell, they were, by force, shipped on board
the Spanish vessel and attempted TO be carried 10
another port Of the same Island for the purpose Of
| being subjected to- unjust and interminable
bondage. The unhappy capHvts, exercising the
right which he laws both Of God and gave
them, rose upon their captors and successfully as
serted their liberty. They spared the miscrennrs
who reierded 10 own them condition OF being
conducted back to Africa but in violation of this
compact and taking advantage Of the ignorance of
their {ken masters Ruiz and hIontez brought them
to the United States, where they were sezed by
government sioop and brong lit into the por, Of New
London. Various proceedings were had in the
federal Courts of the District of Conneciicut which
term mated in a decision that the Africans were
free and aught to he sert home by the President
in conformity with law oil the United States
From this, an appeal was taasen, by order of the
President, 10 the Supreme Cont ard that tribunal
Is about to pronounce final decision in the
Mr. +. does not controvert these facts but com
plains, mos, vehemently, of the manner in which
they suffered TO transpire, insisting that the
eour, ought no, {" have permitted The investigation
to have gone beyond tho lying pass +. This would
have insured decree that Tho ricnns should he
sent to Havana, where alone The authenticity of
the pass, as he says, eould bo properly contested
4 Nhether the court right in their decision is
doubtless Of vast importance 10 The poor Africans.
but OF very little TO The object now in view, Tor il,
seems TO be admitted if they have intelligence, and
funds and friends and counsel so as properly 10 pre-
sent their claims 10 the Havana Court, and if the
court duly regard the laws Of Spain on THIS suhiec,
md haze The frmness and honesty 10 execute
them; why, then, .hcy would be set a, liberty of
course. u their funds were not exhausted in re-
gaining the r liberty and if Ruiz IL Monitz did NOT
again capture and send them off tn their pI intations
why then, ofcourse, they might purchase, or hire
vessel and return to their country Ore of the
first in'ellects OF the South" then does not DENY
that under certain circumstances these "slaves as
he calls hem wou Id vindicae their pretensors 10
freedom and he permitted 10 enjoy it the same as
Others. Whether the cause for WHICH Mr. F. con.
tends be practicable il is not necessary, now to in
q"irc lie admits his confidence in the Spanish
tribunals, to whom he would send them for the re.
coyery oflhcr liberty and it nigh, be thong hi I'M
|
feast for the vengeance of the Spanish min ,ster
who said he claimed them, "not MS si0ues, but as.
snssins.' If The appeal he sustained, then accor.
ding to Mr.. F. the Africans will be sent To Havana
where The selfsame facts. on which The cour, be-
low decided the case, would be proved and tho re
suit must be their restoraiIon TO freedoms IL the
decree be affirmed they free of course and will
be sent to Africa. In either case, The result il
seems must be the same. What then makes his
case Gone of the deepes, importance TO the South
ern' more than The Eastern ar Western stnte.7
The only fault charged upon The court is that il per
mied The introduction of evidence which showed
The fraudulent character of the ships papers This
mt the worst could be nothing more than an i,nprop
er exercise ofjndicial authority, an error in juda
lment, the consequences Of which are as important
to one portion Of the United States as another
But il IS cnse Of "he deepest Importance" and
particula'fy to the Southern States not for the rem
son Mr., f. asserts, biu for such he carefully con
lceas; not so much because the court did ,,ro,g.