Patent Docs: Washington College of Law Post-Argument Discussion of Peter v. Nantkwest

law argumentOther college students worked with Bailey on the briefing and all of the analysis that went into it, but if they have been granted oral argument on the movement to unseal the paperwork, he must be the one to argue before U.S. District Judge Raner Collins.

Unless the Court directs otherwise, both sides is allowed one-half hour for argument. Counsel isn’t required to use all of the allotted time.

If it’s a valid consideration when applied to Cuba and the American homeowners of sugar estates and slaves there, it applies equally to all other international locations where American residents might have property; to China, Hindostan, or the Feejee Islands. It was no correct argument for the Spanish minister to urge upon the American Secretary of State. It was undoubtedly calculated and designed to affect his sympathy in the case–that sympathy with one of many parties which he says had become nationwide. It was calculated to excite and to influence the Secretary of State not solely by the effect to be produced within the island of Cuba, however maybe also by a regard to sure interests nearer home. But was that JUSTICE?

The solely precept to which half the courtroom adhered, and thereby left the decree of the Circuit Court unreversed was, that the Spanish prohibition of the slave trade had not quickened into life quite in time to avoid wasting these thirty-9 unfortunates from the clutches of their oppressors. contrary to the legal guidelines of countries, his choice was such as could be anticipated from a judge, himself a holder of slaves, in a land the place slavery has the sanction of law.

For little wanting the space of 5 years, nearly 300 captured Africans had been kept as prisoners of the United States, and to abide the decision of their tribunals for the enjoyment of their inalienable right to liberty. What had they been doing, during this long captivity?

The sudden and surprising appearance of the Grampus, with a destination unavowed, was a really intelligible sign of the readiness, of the willingness, of the wish of the President to adjust to the foreign minister’s demand. It was a sign equally intelligible to the political sympathies of a decide presumed to be congenial to these of a northern President with southern ideas, and the District Attorney in his letter of twentieth December had given soothing hopes to the Secretary of State, which he in flip had communicated in convention, on the twenty eighth of December, to the Spanish minister, that the decree of the judge, dooming the Africans to servitude and demise in Cuba, could be as pliant to the vengeful thirst of the barracoon slave-traders, as that of Herod was in olden occasions to the demand of his dancing daughter for the pinnacle of John the Baptist in a charger. Here reference is made to the case of the Antelope, in 10 Wheaton, to which I shall hereafter solicit the actual attention of the Court, as I function to examine it in nice detail, as to all the principles that have been alleged to be decided by that case and especially on the point here alluded to, concerning which Chief Justice Marshall says that the Court was divided, due to this fact no principle is determined.

I even have averted, purposely prevented, and this Court will do justice to the motive for which I actually have avoided, a recurrence to those first rules of liberty which might properly have been invoked in the argument of this trigger. I even have shown that Ruiz and Montes, the one parties in curiosity right here, for whose sole profit this suit is carried on by the Government, were performing at the time in a way that’s forbidden by the laws of Great Britain, of Spain, and of the United States, and that the mere signature of the Governor General of Cuba ought not to prevail over the ample evidence in the case that these negroes had been free and had a right to say their liberty. I have shown that the papers in question are completely null and inadequate as passports for individuals, and nonetheless extra invalid to convey or show a title to property. The vessel was restored to certain Spanish slave-merchants within the island of Cuba. Of the Africans, about fifty had perished by the benignity of their therapy in this land of liberty, during its suspended animation as to them; sixteen, drawn by lot from the whole number, (by the merciful dispensation of the Circuit Court, beneath the arbitrary enlargement of the tender mercies of the District Judge, which had restricted the number to seven,)–sixteen had drawn the prize of liberty, to which the entire quantity have been entitled by the letter of the legislation; and, of the rest, THIRTY-NINE, upon evidence inadmissible upon essentially the most trifling question of property in any courtroom of justice, were, under the very peculiar circumstances of the case, surrendered!

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I ask within the name of justice, by what law was this carried out? Even admitting that it had been a case of precise piracy, which your courts have correctly found it was not, there are questions arising right here of the deepest curiosity to the liberties of the individuals of this Union, and particularly of the State of New York. Have the officers of the U. S. Navy a right to seize men by pressure, on the territory of New York, to fireplace at them, to overpower them, to disarm them, to place them on board era vessel and carry them by drive and towards their will to another State, without warrant or type of regulation?