The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-04-29
CASE OF THE AMIsTAD.

To The Editor of The National Era:
As the question of indemnify to the owners
of this vessel is now before the United States
Senate, it becomes important to ascertain what
is the state of the case as presented by the
facts and the law in reference to them.
II was decided in the case Of the antelope by
the United States Supreme Court at Washing
ton. that the slaue trade could not be considered
against the ldw of nations 80 rs to give the ju-
dicial tribunals of every country the right to
consider it piracy, and set all the slaves free
which might be captured in this trade; that
it became piracy only when made 30 by the
municipal laws of the country to whom the
slave trader belonged and that one country
has no right TO enforce the municipal laws Of
another country, unless there be a treaty made
between the two countries TO this effect And
there being no treaty between the United States
and Spain which would authorize such a pro-
ceeding, the judicial tribunals in the United
States would have no right to liberate the
slaves taken in Spanish vessel, although the
municipal laws of Spain prohibited the slave
trade, and made it piracy That the slaves
therefore, must be restored to the Spanish own
ers, and the question Of their property in the
slaves must be left for the Spanish Government
to determine, in the execution of their own
municipal laws upon the subject.
II appears clearly from this decision in the
case Of the Antelope, that the Court considered
the slave trade 10 far conformable tO the law of
nations, that one man may by force be made
the slave and property OF another, and must be
considered 10 in all cases where il il to be left
to be decided by the law Of nations, without
regard to municipal laws, as it was in this case
Now apply this decision, and the principles
upon which il was settled, to the ease Of the
Amisiad The principle is, that slavery is war
ranted by the law of nations and no other law
is to be regarded in settling the question. Take
the facts Of this case, then, as they are. The
Spaniards Ruiz and Montez were, at the time
the vessel was taken possession Of by the Amer
lean revenue cutter, actually the slaves of the
Africans, reduced TO this condition by force.
And it is this principle Of force or conquest
which is considered sufficient to create slavery.
IT, then, the Court are not authorized to travel
out Of the law Of nations, and have regard to
abstract right and justice, or the municipal
laws Of this country or Spain upon the subject
they must determine that these Spaniards are
NO far the property and the slaves of the Afri-
cans, that they must be put under their control
and ownership, il the Africans desire il, for
such was their situation when brought into the
United States. Suppose that when the Span
ish SLAYER was on her way from Africa to Ha-
vsna, and while the Africans were in the pos
session and under the control Of the Spaniards,
the vessel had fallen into the hands Of an
American cruiser, and been brought into the
United States for adjudication, would not our
Courts have decided that the vessel and slaves
must be restored 10 the Spanish owners under
the law Of nations! Now, suppose that on this
voyage to Havana the Africans had succeeded
IN overpowering the SPsniards and reducing
them TO subsection, ~ they did on the second
voyage from Havana, and had chosen 10 call
the Spauiards their slaves and their property,