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"More Amistad Questions," New York Journal of Commerce, December
25, 1839.
For the Journal of Commerce.
THE AFRICANS OF THE AMISTAD.
No. III.
Question l. By what authority or process, are the Africans now held,
seeing that the Circuit Court of the United States for the State of Connecticut,
has dismissed the complaint charging piracy and murder upon the high seas, and declared
itself to have no jurisdiction in the premises, or that no offence has been committed?
Answer. A libel upon the schooner Amistad and its cargo for salvage
having been filed by an officer of the U. S. Navy, a warrant was issued out
of the District Court of the U. States for the State of Connecticut, directed to
the Marshal of that District, commanding him to take into his custody and detain
the said schooner and cargo till the claim for salvage should be investigated and
decided. Upon this warrant, the schooner and cargo not only, but all the
Africans, who came in her, were taken into custody. Subsequently other and various
claims were interposed, but that warrant, it is believed, is the only process by
which they are now held.
Question 2. Has the District Court of the U. States for the State of Connecticut,
jurisdiction in the matter, to the extent its process has been used
or exercised?
Answer. So far as the schooner and cargo are the subject of inquiry,
it may be doubtful; for as much as the locality in which she was taken, may
be such as to oust that Court of jurisdiction and give it to the U. States District
Court for the Southern District of New York: and if the Africans are lawful slaves,
the same Court which exercises jurisdiction over the schooner and cargo, must exercise
jurisdiction over them. But if they are not lawful slaves, then process against
them, no matter from which court issued, would be exercised to an extent unwarranted
by law.
Question 3. But how does it appear that such exercise of jurisdiction would
be to an extent unwarranted by law?
Answer. The District Court is one of limited jurisdiction--and its admiralty
powers only, are invoked in the case of this libel: it is to ascertain, under
this claim for salvage, whether "meritorious services" have been rendered
in saving property from the perils and dangers of the sea, and if so found
to be the case, to decree payment of a reasonable sum of money by the owners, or
out of the sale of the property : Its powers are limited to the adjustment
of the rights of salvor and owner, touching the property saved, that
which is conceded to be property of somebody: it cannot entertain the question,
whether that which is saved, be property; its province is, to determine
how that which is conceded to be property, and has been saved, shall be
disposed of as between owner and salvor. The only parties before
the court, so far as the libel is concerned, are the savors and owners. The Court
is not supposed to know that any other question will come before it, than the one
of how it shall dispose of the property taken by the Marshal under the warrant
[illegible word] Marshal's return so the warrant shows, no doubt, that he has taken
into his custody not only a certain schooner and cargo, but also certain slaves that
[illegible word] no doubt, is conclusive upon the Court, and we see therefore why
the District Court decided at its [illegible wd.] special term at Hartford, that
no inquiry, such as was proposed by the counsel for the Africans, could be allowed--the
[illegible] in abatement, which was received by the Court might have been rejected
by the Court, unless coming from the owners of the property taken; --and that
plea can settle only the question of locality--not the question of property.
Question 4. Does it not then follow, that the question, whether the Africans
are lawful slaves or property, ought to be settled in some other way,
than that which is now pursued?
Answer. Yes--and it belongs to some COURT OF COMMON LAW, to determine whether
the Africans are men or things: and if such Court, on full evidence that they
are slaves, lawfully held as such , under and by virtue of some constitutional
provision, act of Congress or treaty stipulation, shall pronounce them things
or property, it will then be in time for an Admiralty Court to dispose
of such things, to remunerate an officer of the U. States Navy for towing
a schooner and her cargo from Montauk Point into New London!
Question 5. Does the service rendered in this matter and for which salvage
is claimed, come under that class of services deemed meritorious," and for which
salvage is usually allowed?
Answer. Let those who have the inclination, examine and see--all the cases
in the books now recollected, were such as where the vessels were shipwrecked,
or ships derelict.. Whether the Amistad comes under either of those classes.
QUERE.
