The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-27

Chief Justice Marshall n the decision before referred TO-
comments upon the English eases-emaTkable for the full
illustration Of this doetnehe Amedie, the Fortuna, and
the Diana The last case che DIANA Swedish vessel
captured with OF slaves by British cruiser, and
condemned in the court Of vice admiralty at Sierra Leone
This sentence reversed appeals and Sr Wllllam
Scott in ponouncing the sentence Of reversal said
The condemnation also took place principle which
sepeDee .pns tbat tbs slase trade from motives Of Sa
may hath been abolished by most civilized nations and
net, AZ As present fisss, legally authorized 6y any
This appears 10 ma Be assertion by
tainabL The ship and cargo were restored the prn-
cple that the trade allowed by the laws OF Sweden
Chief Justice Marshall further remarks:
The principle these IT, that the legality
OF the capture OF vessel engaged the slave trade depends
upon the law OF the country which the vessel belongs II
hatlaw gives its sanction the trade, restitution will be
be condemned as prize"
lie further remarks that this whole subject came on a
forwards to be considered in the case Of the Louis 2d
The opinion OF Sir VIM. Scott in that demonstrates
the attention he had bestowed upon H. and settles the law
in the British courts.
The Louis "A French vessel captured a Shaving
voyage before she had purchased any slaves brought into
Sierra Leone and condemned by the vice admiralty court
ut that place On appeal 10 the court Of admiralty in Eng
land, the sentence reversed Sir William Scott said
that this trade could not be pronounced contrary to the
law of nations court in the administration of law
not attribute criminaty 70 act when the law mputes
1t must look the lgal standard Of morality and
upon question OF this nature thai standard must be found
in the law of nations fixed and evidenced by general
general tenor OF the laws and ordinances and the formal
transactions of civilized States Ii Ia pressed difficulty
(says the learned jodge what is to be done French
ship laden with slaves is brought in answer without
hesitation, restore the possession which has been unlaw
fay diyested rescnd the Illegal act done by your own
sweryug adherence the law administered by pare and
upright ard incorrupuble Judge. f., ssg
In the of AIadrazo Wiles (5 Serg Low 3l3)
al the judges agreed and pronounced that foreigner
who is not prohibited from carrying the slave trade by
the laws Of his own country may in British court Of jus
ce recover damages sustained by him in Of the
wrongful seizure by British subject of cargo of slaves
board of ship then employed by him carrying the
African slave trade In this the declaration stated that
the plaintiff subject Of Spain and that the 18th
of July lsl7 Havana he was lawfully possessed of
certain brig and that the brig lawfully cleared for
certain voyage in the slave trade, to wit from Havana
the coast of Africa, and back and that the 10th
of January 1915 the high seas TO wit off the Cape of
g. Pau, the coast of Africa the defendant seized the
brig with her stores and three hundred slaves &c, and
kept aud detained them for long time, aud converted
the to his own use; by means whereof the said
brig prevented from the further prosecution of the
said voyage aud the plaintiff deprived Of great gains
which would have accrued from the slaves, lie. The
deendaat plead not guilty At the trial at the London
stngs appeared that the defendant captain in the
royal navy and had taken possession Of the ship which
was engaged in the slave trade 1t occurred the Lord
Chief Justice, at the trial. that the plaintiff not enti
tied the value Of the slaves in English court
OF justice and accordingly he desired the jury to find their
verdict separately for each part Of the damage giving to
defendant liberty reduce the verdict
the conrt should agree with him on the point
The jury found verdict for the plaintiff damages f2l
S00beng for the deterioration OF the ships stores and
goods $4,000 and for the supposed prst Of the cargo Of
slaves fl8IS0. Jerye for The defendant moved for
rule nisi reduce the damages to $4,000 By the 47th
George Ill., chapter &C. the slave trade and all dealings
connected with IT declared unlawful 1t follows,
therefore, consequence that can be allowed 10
damages in respect of cargo of slaves &c. Alb
bott, c. j. said:
"on further consideration, it appears that there
sufficient ground for reducing this verdict" &c.
Bayiy J., said
As-t. 4 az. IL II
grant arue, &C. British court Of justice always
the subjects of all countries in amy with and they
entitled to for any wrongful act done BY Brit
ish subject to them," hc. a#N '.#
Hollywood, j., said:
I" However much may regret that any damages be
recoverable for such subject this, yet think
bound 10 say that this plaintiff is entitled TO them"
Best, J, said s sasn. "
alt IL clear from the authorities that the slave trade
not condemned by the general law Of nations"
Here then is the settled doctrine Of the British courts
recognising slavery the ocean, with special munich
pal law protect It What then becomes Of that modern
invention which declares that slavery have any
territorial existence beyond the real authority that
it? African slavery h then tolerated the high
with how much more force under our constitutions where
Il Is firmly established and regulated institution
In Itb Peters Reports 10, the Supreme Court Of the
United States settled the law the subject Of slavery
in another class of Certain persons being slaves
wants and were aterSsrds sent back to New 0rlesns
The ships bringing them were after their arrival beled
aeRel breaches OF probb-
ting the importation of slaves into the United States
The held that the act Of Congress does not apply 10
such The object Of that law was to put end TO
the slave trade The language OF the statute cannot prop
ery be applied TO persons Of color who domcied In
the United States and who brought baak after tenn
porary absence ar -.=n.. #a.
In the Of Mahoney %. Ashton, II. & McHenry's
Maryland Reports, where negro woman carried by
her owners slave from the Island Of Barbados 70
England aad afterwards brought to Maryland II held
er full and elaborate argument that however the lave Of
Great Britain operate upon persons there claimed slaves
might interfere prevent Of ownership yet upon
bringing the slave into Maryland the relation Of master
aud slave co2tnued that the condition Of slaves does
depend exclusively either the civil the enda law.
Of Congress regulating and protecting the convey
ing negro slaves eoastwise necessarily epudaes the idea
of slavery being solely existent and valid in the place Of
domicle AZ property like every other variety 1t is
subject the general legislation o. Congress TO guard
project and facilitate its safe and easy removal from
place &c another and the government Of the United gees
bound 10 protect it, unless il be taken TO foreign coup-
try for permanency where It's continuance prohibited by
the local law. The celebrated Yatte standard author
upon subject Of general law, as this to be the hxed
from the because he is in foreign country with it
He lays down this law
THAT the property Of an individual does no, cease 10 be
still continues part OF the aggregate wealth his nation
ANY pow therefore, which the lord OF territory might
claim the property OF foreigner would be equally
rogaory dignity OF the individual and 10 those
OF the nation Of which he IL a member"
Slave property betsy thus protected under al the laws
bearing upon the subject submit again what nth
" ureex Of authority It be asserted that
Ia going Territory OF the United States with his slaves
Is without proecton3 On the contrary be has the whole
nd oft Ia