Argument of John Quincy Adams, Before the Supreme Court of the United States: In the Case of the United States, Appellants, Vs. Cinque, and Others, Africans, Captured in the Schooner Amistad, by Lieut. Gedney, Delivered on the 24th of February and 1st of March, 1841 : with a Review of the Case of the Antelope, Reported in the 10th, 11th, and 12th Volumes of Wheaton's ReportsS.W. Benedict, 1841 - 135 страници |
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Страница 13
... American Secretary of State . His letter begins : - " NEW YORK , Sept. 6 , 1839 . " The undersigned , envoy extraordinary and minister plenipo tentiary of her Catholic Majesty the Queen of Spain , has the honor of calling the attention ...
... American Secretary of State . His letter begins : - " NEW YORK , Sept. 6 , 1839 . " The undersigned , envoy extraordinary and minister plenipo tentiary of her Catholic Majesty the Queen of Spain , has the honor of calling the attention ...
Страница 14
... American brig - of - war ' Washington , ' Captain Gedney , who , on learning the circum- stances of the case , secured the negroes , and took them with the vessel to New London , in the state of Connecticut . " The conduct of that ...
... American brig - of - war ' Washington , ' Captain Gedney , who , on learning the circum- stances of the case , secured the negroes , and took them with the vessel to New London , in the state of Connecticut . " The conduct of that ...
Страница 16
... American revolution . The whole of the reasoning is not applicable to this case , but I submit to your Honors that , if the President has the power to do it in the case of Africans , and send them beyond seas for trial , he could do it ...
... American revolution . The whole of the reasoning is not applicable to this case , but I submit to your Honors that , if the President has the power to do it in the case of Africans , and send them beyond seas for trial , he could do it ...
Страница 17
... American citizens . By a simple order to the marshal of the district , he could just as well seize forty citizens of the United States , on the demand of a fo- reign minister , and send them beyond seas for trial before a foreign court ...
... American citizens . By a simple order to the marshal of the district , he could just as well seize forty citizens of the United States , on the demand of a fo- reign minister , and send them beyond seas for trial before a foreign court ...
Страница 22
... American citizens , in such circumstances ? The cap- tain would be seized , tried as a pirate , and hung ! And every person concerned , either as owners or on board the ship , would be severely punished . The law makes it a capital ...
... American citizens , in such circumstances ? The cap- tain would be seized , tried as a pirate , and hung ! And every person concerned , either as owners or on board the ship , would be severely punished . The law makes it a capital ...
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African slave trade American Antelope appears Argaiz argument Arraganta authority British Calderon Captain Jackson captives captured cargo Catholic Majesty Chevalier d'Argaiz Chief Justice Marshall Circuit Court citizens claim Congress of Vienna Connecticut Cuba custody decided decision declared decree delivered delivery demand District Attorney District Court District judge evidence Executive Executive Government favor foreign Forsyth freedom Government Grampus Habeas Corpus Havana Honors human island of Cuba JOHN FORSYTH John Smith Josefa Segunda judicial jurisdiction ladinos law of nations laws of Spain legation letter libel liberty Lieut ment merchandise negroes officer opinion owners parties passport persons piracy pirates port Portuguese Vice Consul possession President principle proceedings question restored robbers Ruiz and Montes salvage says Secretary seize ship slavery Spaniards Spanish and Portuguese Spanish claimants Spanish minister Spanish Vice Consul Supreme Court sympathy taken Tecora tion tribunal undersigned United vessel violation voyage whole number
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Страница 18 - ... and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their Ships, and...
Страница 115 - Whatever might be the answer of a moralist to this question, a jurist must search for its legal solution, in those principles of action which are sanctioned by the usages, the national acts, and the general assent, of that portion of the world of which he considers himself as a part, and to whose law the appeal is made.
Страница 130 - States be, and he is hereby, authorized to make such regulations and arrangements as he may deem expedient for the safe keeping, support, and removal beyond the limits 'of the United States, of all such negroes, mulattoes, or persons of colour, as may be so delivered and brought within their jurisdiction...
Страница 85 - On the 1'Jth of January, Mr. Forsyth in a confidential letter to Mr. Holabird informs him that his missive of the day before had been received. That the order for the delivery of the Negroes to Lieut. Paine of the Grampus was returned, corrected agreeably to the District Attorney's suggestion — by whom corrected no uninitiated man can tell. Of the final warrant of Martin Van Buren, President of the United States, to the Marshal of the District of Connecticut, to ship for transportation beyond the...
Страница 9 - ... she and her cargo, and persons on board, with their property, and all the rights belonging to their personal relations, as established by the laws of the State to which they belong, would be placed under the protection which the laws of nations extend to the unfortunate under such circumstances.
Страница 98 - Upon a piratical capture, the property of the original owners cannot be forfeited for the misconduct of the captors in violating the municipal laws of the country where the vessel seized by them is carried.
Страница 9 - I know of no other law that reaches the case of my clients, but the law of nature and of nature's God on which our fathers placed our own national existence.
Страница 115 - That it is contrary to the law of nature will scarcely be denied. That every man has a natural right to the fruits of his own labour, is generally admitted ; and that no other person can rightfully deprive him of those fruits, and appropriate them against his will, seems to be the necessary result of this admission.
Страница 82 - Whatever doubts may attend the question whether the Spanish claimants are entitled to restitution of all the Africans taken out of their possession with the Antelope, we cannot doubt the propriety of demanding ample proof of the extent of that possession. Every legal principle which requires the plaintiff to prove his claim in any case, applies with full force to this point ; and no countervailing consideration exists. The onus probandi, as to the number of Africans which were on board when the vessel...
Страница 122 - January, one thousand eight hundred and eight, in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States...