Hide Article Text (OCR)
THE AM 1ST AD CASE.Hie following ox'ract (rum Jud^ Si~ * opinion, we copy from tlie NationalIntvi^ cer. It contains the gist of the whoie 'mX*.—Cm. Hr p.The cause Isas been very elaborately ang as, well upon tlie menu as upon abehalfof the appellees to disiuis theOn tlie part of the United States dla-'tes, contended, L. That dne and cfikicnt wgrf concerning the property has been ihorise Use restitution of the vessel, carr*^ negroes, to tlie Spanish subjects on awefe. luif they are claimed, pursuant lo Ottm* with Spain, of the 2?ih October, ]7Ba. i That the United States have a right to sst:. vcne in the manner in winch they (me to oblaiu a decree fur the rcstitot-oa of ti property up in the apblicatm of the Spurn Minister These propceitioos have been*-neouidy denied on the other side. Other cai. literal’aml incidental points have beta staU upon which it is nut necessary at thsmccfiat to dwell.No question has been here unde asiotia proprietary in'crest in tlie vessel and cargo. It is admitted tint they belonged to .Spani-nsob-jecls, and that they ought lobe resiomL TV only point on this head is, whether ike nstits-lion ought to be upon the pay meat « sa!va|! or not. The main controversy is, whether the negro b are the property of Ruiz and Jkmtt*, and ought to be delivered up; and to this accordingly. we shall first direct our attention. 1*. has been argued on bebalfofthe United SUta that the court are bound to deliver them up according to the treaty of 171)5 with Spa*, which has in this particular been continued a full force by the treaty of 1319, ratified in1829.The siatli article of that treaty wems t-have had principally in view cases where tbs property of the subject of cither state had b?es laken possession of within the territorial jura-diction ol the other, during war.—The eigi: article provides lor cases w iiere the siitppmj of the inhabitants of cither states are forced through stress of weather, pursuit of pirates « enemies or any other urgent necessity, to so* shelter in the porta of the other. There a® well be some doubt# entertained whether tie present case, in its actual circumstances, hh within the purview of this artrle. But itdss not seem nere-ary.V 'r reasonreai'.erstairi absolutely to deride it.The ninth artic’e pin d tsrtl a‘ aiisbipsaai merchandize, of what nature soever, start shall bet rescued out of tln|!iands of any pn-te.? or ‘robber.-. on the high sea-s duSta brought into some port of either Stabr. ad shall be delivered to the custody of tht ficcrs of that port, in order to be taken OR of and restored entire to the true prwndtf as soon as due and sufficient proof **-** made concerning the property therefore. T:;s is the article on which the mam reina-is placed on t he behalf of the Uniting Stats f* the restitution of these negroes. To brat the case wherein the article, it is eawohm**■ tabhsh first that these negroes, d circumstances, fall within tlie descrfuoDci-'i*'-chandize, in the sense of the treaty;*'^’ that there lias been rescue of it**® •* high seas out of the hands of pirates hers which in the present case, casaiy showing that they themselves arc J®**® ^ robbers; and 3dly, Ruiz and Moo:es.th!*s: icd proprietors, are the true propnel^have established their title by earnf*1®* .*n'r If these negroes were at the tins . “S hold as slaves under the laws of recognized by those laws as propertyCJ! of being lawfully bought and s« *^f!Li reason why they may not he jret? lkTZJwithin the intent of the treaty, toire »*■ • under the denomination ot tlTCr,y]VI‘l^ ?s such,- ongfitto be gLifor, upon that point, the WS lt;J! y ^ seem to furnish the proper rute «J3 tion. But adtnijung f^ ^^^e opinion, that neither 0! tacwoJJ. ^ ami requistes ha* l*?en and the onus probanJi of Mk ^ sClaimants to rise to the cssns moaevitnve1-II3-.11r-1-IIIidillica)iclt;8to- ymuc lieplain beyond controversy, u T|C _ tt-ere the evidence, that these negro® D6W lawful slaves of Ruiz or MoOteaw er Spanish subject. , tjd-Tlicv are natives of Africa, and napped there, and were unia»*.f to Cuba, in violalion of ibe a thc Am-of Spain, and the most srfemn caj . . ^can slave trude is utterly abolished, _in that trade is dyemed a hem«w the negroes thereby introduced i^ ions of Spain are declared to bo and Montez are proved to have ni3j. 3 . tended jmrchase of tliese negro®* .3- knowledge of all the circunw^^**. .,,! e- 1 cogent and irresistible is the ('VK~S a- respect, that Ihe district attend'I- ted, in open court, u;ion the rerem- ,'f3Sli-1- lutJ HOC IS in inu sasc. * -7^, j—uiw tary interests, then of Ruiz and. - ^is pletely dwpHiced, if wo are *l ^ at the evidence of Uie admtsf1'-’1 -'■*attorney. Jr* then, these neB ^ slaves, but ore kidnapped Atn^2jWi| the laws of Spain itself are cw freedom, and were kidnapped andried to Cuba, and illegally. ustrained cn tioard of the ^ ^ rpretence to say that theyarefo''., bjhere. We may Jament the iceiwhich ihey asserted their !l, ';jtacor*dAm*uO, ari ' -regain their native country, hottodeemed pirates or robbers thc__ J the law of nations, or the trraifWi F- tire laws of Spain Matthe uws oi v'pam s.-1 laws have been brought to pnrngTJg^i ' do the bbele ofRuis and Montez a**- bo such.
Newspaper Details
Southern Argus
Columbus, Mississippi, US
Wed, Apr 07, 1841
Page 2
Full Page
Clipped by
Cal M.
USA 04 Mar 2023
Other Publications Near Columbus, Mississippi
The Columbus Commercial
The Columbus Weekly Dispatch
Columbus Whig
Columbus Index
Columbus Democrat
