Hartford Courant from Hartford, Connecticut • 2

THE COURANT. iiaktford noNVAV, wakch as. Edward Curds, New York, vice John I. Morgan, removed. 4 surveyors.

Shilowith S. Whipple, Eastport, Maine, vice Ezekiel Foster, removed. Bazelleel Cushman; Portland," Maine, vice-Stephen W. Eaton, removed. William Tuggart, New York, vice Ely Moore, removed.

BAVAI. OFF1CKR. Thomas Lord, New York, vice William S. Coe, OThsj large fine-toned bell of the Episcopal Church in this city, lias been badly cracked, and wiU have to be taken down and re-cast SUPREME COURT OF THE UNITED STATES. January Term, 1841.

Tho United States, appellants, tt. The Libelants and Claimants of the Schooner Amistad, her tackle, apparel, and furniture, together with her cargo, and the Africans mentioned and described in the several libels arid claims. On appeal from the Circuit Court of the United States for the District of Connecticut. Mr. Justice Stort delivered the opinion of the Court: This is the case of an anneal from the decree of the was not entitled to any such privileges, immunities, or rights, and the proprietors were seeking by fraud to cover their own illegal acts under the flag of Spain, there can be no doubt that it would be the duty of our court to strip to look at the case according to its naked realities.

Iu the solemn tieaties between nations, ii can never be presumed that either State intended to provide the means of perpetrating or protecting fraud but all the provisions are to be construed as intended to be applied to bona fide transactions. The 17th article of the treaty with Spain which provides for certain passportH and certificates as evidence of property on board of the ships of both States, is in its terms applicable only to cases where either of the parties is engaged in a war. This article required a certain form of passport to be agreed upon by the parties, and annexed, to the treaty. It never was annexed, atid therefore, in the case of the Amiable Isabella, (6 Wheat R. it was held inoperative.

It is also a most important consideration in the present case, which ought not to be lost sight of that, supposing have been strenuously denied on the other side. Other collateral nnd incidental points have been stated, up-ou which it is not necessary at this moment to dwell. Before entering upon the discussion of the main points involved in this interesting and important controversy, it may be necessary to say a few words as to the actual posture of the case as it now stands before us. In the first place, then, the only parties now before the Conrt, on the one side, are the United States, intervening for the sole purpose of procuring restitution of the property as Spanish property, pursuant to the treaty, upon, the grounds slated by the other parties claiming the property in their respective libels. The United States do not assert any property in themselves, or any violation of their own rights, or sovereignty, or laws, by the acts complained of.

They do not insist that these negroes have been imported into the United States in contravention of our own slave-trade acts. They do not seek to have these negroes delivered up for the purpose of being transported to Cuba as pirates or robbers, or as fugitive criminals found within our territories who have been guilty of offences against the laws of Spain. They RA1I.T eOOSABT, 55 PER A.NKOM. TRl-WKEKLY 44 WEEKLY 0AnVERTI5ETKNTSrm toitwtrjr mtttbenccompnniii with thi Cash, tcrtktir intertion. Wig Ticket for State Officers.

FOR GOVERNOR, WILMAM W. EM SWOKTn. LIEUT. GOVERNOR, CnABWSnAlUKT. TREASURER, IIIBA.TI K1DKB.

SECRETARY, JtOVAIi B. IIMTMAN. COMPTROLLER, HENRY KH.BOITON. dominations for FIRST DISTRICT HARTFORD COUNTY. JOSEPlT TBIIMIIIXI.

JHCOND DISTRICT N. HAVES AKD MIDDLESEX COUKTIIS. WILLIAM W. BOABDMAN. THIRD DISTRICT RE LONDON COURTT.

THOMAS W. WILLIAMS. FOURTH DISTRICT FAIRFXD COUNTY. THOMAS -B. OSBORNE.

FIFTH DISTRICT XITCHTIELD COCBTT. BITMAP SMITH. S1ITH DISTRICT WINDHAM AND TOLLAND COUNTIES. JOHN IL BBOCKWAY. Senatorial Nominations.

District No 1-WM. ROBBJNS, 2d, of Wethertfeld. 2JABEZ KING, of Enfitld. 3-JOSEPH S. TECK.

of Burlington. 4AARON N. SKINNER, of Kew Haven. 5 DAVID W. PLUMB, of Dtrby.

6 JAMES BLACKSTONE, Bradford. 7 ERASTUS WILLIAMS, of Ltdyard. 8 HENRY 6TR0NG, qf Warwick. fl SAMUEL C. SELDEN, of Lyme.

10 NOAH PLUMB, of Bridgeport. 12 JOSHUA B. FERRIS, of Stamford. 13 JOSEPH EATON, of Plainfield. 14 EDWARD ELDRIDGE, of Pomfret.

15 LAMBERT HITCHCOCK, Barkhamttcd 16 JOSEPH H. BELLAMY, of Bethlem. t. JOSEPH CHEDSEY, of Durham. 19 JOSEPH H.

HAYDEN.o Saybrooh. 20 WILLIAM A. FOSTER, of Stafford, 21 ELAM LOOM1S, of Columbia. The Extra Session, The President's Proclamation 'for an extra session of Congress has appeared, and we have no doubt the public interests imperatively require that they should meet before the ordinary period in December. It seems to be geuerally acknowledged that the government is deeply in debt, and at the same lime, the treasury is empty, and utterly unable, without, extraordinary means, to meet the current expenses.

In addition to all this, the ordinary currency of the country is in a state of ruinous derangement, and nothing hort of the power of the general government can restore it to its former credit and character. These evils have been entailed upon Congress by the late administration, and there is no possibility of extricating the public concerns frem their unsettled andembarrassed condition, except by a decided exertion of national power and an- thority. In what way this is to be done, and how the nation is to bo rescued from its present difficulties, remains to be ascertained. One most important point to be attended to, and without which, in our judgment, no tiling effectual can be accomplished towards the restoration of the former prosperity of the country, is the re-establishment of a general currency and credit The business of the people must have a steady and secure basis on which to rest, or we shall look in vain for the return of a belter state of things. The two last administrations exerted what degree ol talent they possessed in destroying the credit, deranging the currency, and prostrating the business of the community.

No man who can remember what the condition of the country was when General Jackson proclaimed war against banks, currency, and credit, and what has since been exper ienced in all ithe departments of industry, can be at a loss as to what cause the present sufferings of the country may justly be charged. The administration of Andrew Jackson and Martin Van Buren, nrgod on by the Bentons, Woodburys. Wrights, Kendalls, 'Walls, and Buchanans of the party, have produced the calamities to which we have alluded; and we have uo doubt the people will hold them jointly and severally responsible for their sufferings and pecuniary losses. As the mischievous measures which have been devised and adopted for the destruction of the general prosper-' ity, were brewing for twelve years, are now in full operation, and are producing their natural and necessary consequences, it is no trifling task to get rid of them, and substitute others in their room, better calculated to pro mote the general welfare. The community ought not to be forced to endure the calamities under which they hare so long struggled and suffered, without any hope or expeetatwn of -even attempts at relief, until December next, It was very apparent, after the election of General Harrison was ascertained, that the.

Van Buren administration, and their leading partizuns in Congress, xerted themselves to the ntmost to leave the public rconcerns in as much perplexity and embarrassment as was practicable. Having saddled their successors with a public debt, they took care to punish them with an empty treasury thus loading them with as much incumbrance at the outset' as the nature of things would admit, and at tlie same time taking effectual measures to leave them destitute of tlie means necessary to meet the public exigencies. Thus situated with the government in debt, the currency of the country distracted, and depreciated, iu all iu varieties embarrassed and prostrated, industry discouraged, and the treasury empty, no way is left that we can imagine to retrieve the general character the government from the imputation of insolvency, and lie people from accumulating difficulty and distress, Jbut by cillias; Congress together, for the purpose of affording jejief to all classes of people, and all their important interests, jf sucb a thingshall be found practicable. OThe last Patriot announces that that establishment has been disposed of to Mr. Holbrook, of the State Eagla, and that the two papers wili hereafter be united And published under the name of the "Hartford Patriot ud State EagV, Appointments ano Removals In addition to the list from the official paper, (the National Intelligencer,) we learn that private letters mention Robert C.

Cornell tV, mrrnssor of Stmhen Allen, as Receiver General here. We hope air. Cornell win consent to act as ions as me SiilwTreasnry shall rcmaiu in force, which will not, we apprehend, be many months. A'ew York American. From lite Boston Atlas, March 20 Eifra.

ARRIVAL OP THE CALEDONIA. twehtt-two days later from enolakd. The Steam packet Caledonia, Capt. McKellar, arrived early thin forenoon. She left Liverpool on the afternoon of ihe fourth instant, and has consequently had a passage of nearly sixteen days.

The President brought papersup to tho 10th from Liverpool. The intelligence by the Caledonia is consequently twenty-two days later than any we have before received from Europe. She brings sixty -one passengers. The news from England is not important The intelligence of the suspension of the Philadelphia banks had just reached Liverpool by the packet of the 8tb but had not reached London. By letters received by the Caledonia, It seems that the drafts of the U.

S. Bank have been accepted. From China there is nothing of much consequence. The over-land mail had not arrived when the steamer left. From Syria, Egypt and Turkey, the news still wears a pacific aspect.

Mehemet Ali, unable to resist the Allied Powers, appears disposed to put the best face upon affairs, and to submit with the best possible grace to an unpleasant necessity. The news, so far as it goes, is pacific. There is, certainly, nothing that would seem at all to threaten the present amicable relations of the European Powers. In the House of Commons, on Monday, Lord Palmer-ston said that he saw nothing which, in his appiehension, was likely to lead to the disturbance of pacific relations between France and England. McLeod.

It was rumored in Paris at the latest dates that the French Cabinet was disposed to offer her mediation to arrange the McLeod dispute between Great Britain and the United States. UNITED STATES BANK. As the news of the suspension of the Philadelphia Banks had just reached Liverpool, and is announce wiihout comment in the papers of that city, it is impossible to judge of the effect it has produced. DREADFUL COLLISION AT SEA A SHIP SUNK WITH ONE HUNDRED AND TWENTY-TWO SOULS ON BOARD. Liverpool, Monday, Feb.

25th. It is our painful task to have to record one of tho most melancholy disasters which, of late years, has taken place in the channel, and which has been accompanied by the loss of not less than one hundred and twenty-two men. women and The American ship Governor Fenner, Captain Andrews, which sailed hence on Friday at noon, for New- York, came in contact on the following morning, at two o'clock, off Holyhead, with the Nottingham steamer, from Dublin, for this port The ship struck the steamer midships. So great was the force ot the collision that the ship's bows were stove in, and, in a few minutes from the time of the vessels coming in contact, she sank, the captain and the mate being the only persons, out of 124 souls on board, who saved their The Nottingham was dreadfully shattered, but having been struck in her strongest part, the collision was not fatal to her. Liverpool Cottoi Market, March 1.

On Saturday, from 81)00 to 10,000 bales were sold, 300J being on speculation. To-day the sales amount to about 8(100 bales, of which speculators have taken 1500 bales With all this demand the market is well supplied with Cotton, and prices are very little changed. American 6dto8d. March 2. There has been only a limited demand for Cotton to-day, the sales amounting to 3000 bags and all to the trade prices steady.

March 3. The sales on Thursday last were 4000 bags, Friday 4000, Saturday 8000, Monday 7000. Tuesday 2500, to-day 3000. There has been a fair demand since last week, and prices have been firmly supported at last week's rates. The import of the week amounts to 1238 bags.

From Gore's Literpoot Advertiser of March 4. STATE OF TRADE. Manchester. For this season of the year, a more dull or spiritless week for business we hardly ever remember. Complaints are heard from all classes of tradesmen, both wholesale and retail; and it is astonishing that at this period of the year such a stagnation should be apparent every where.

Many houses anticipate a better trade next month, and impute the present inactive state to the coldness of the weather, which they say has thrown the season later. Power-loom prints and yarns here, and cotton in Liv erpool, all remain firm in the two former having an upward, rather than a downward teudency. Domestic cloth is still very bad to sell, and although some houses have been asking a Jd advance, they fiud it difficult to obtain for any quantity even old prices. Indiana. At the late session of the Legislature of Indiana, an act was passed to throw farther difficulties in the way of collecting debts.

The following are its principal features: Real Estate sold tinder execution, may be redeemed within 12 months by the debtor, by paying purchase money and 12i percent, interest per annum. Three bidders necessary to make a sale legal. No sale to be valid unless the price is at least one-half of the appraised cost value theappraisment to be made by interested free-holders of the country. ETThe Hon. Henry Clay, who is at present sojourning in this city at Barnum's Hotel, was taken quite ill yesterday morning, but we are truly happy to be able to state that last night hejvas doing much better, and was comparatively easyt An interval of quiet and repose will, we trust, restore him completely to the enjoyment of his wonted health.

Baltimore Amer. March 19. From the Neto York Com. Adv. of Saturday Eve.

MONEY MARKET. There was a continued firmness in the Stock market this morning, and prices in most instances had an upward tendency. United States Bank advanced Harlem Long Island Indiana Stonington fell off Treasury Notes 4,000 Treasury Notes were sold this morning at 91) J. State Stocks $1,000 Illinois sixes for 1870 sold at 50, and 9,000 Indiana bonds at 53, The Rochester Democrat imputes the failure of the Bank of Western New York to its connexion with the Georgia Lumber Co. 'i United States bank shares were sold at Philadelphia yesterday at 10.

The Philadelphia Inquirer state that the banks of that city held a meeting on Wednesday night, in relation to to some arrangement calculated to relieve the notes of the U. S. Bank from their present deranged nosition. Nothing definite, however, was effected, the securities tendered by the bank not being considered sufficiently available. The notes of the Banks sold at Philadelphia on Thursday, at a depredation of 17 or 18 per cent.

MARINE LIST, Md PORT OF HARTFORD. ARRIVED. 20th, Schr. Laura, New York. C.

H. Hooper, Tyler, Richmond, Va. Circuit Court of the District of Connecticut, sitting in admiralty. The leading facts, as they appear upon the transcript of the proceedings, are as follows: On the 17th of June, 1831), the schooner L'Ainistad, being die property of Spanish subjects, cleared out from the port of Havana, in the Island of Cuba, for Puerto l'nncipe, in the same island. On board ol theschoouer were the Capt, Ramon Ferrer, and Jose Ruizand Pedro Monlez, all Spanish subjects.

The former had with him a negro boy named Antonio, claimed to be his slave. Jose Ruiz bad with him forty-nine negroes, claimed by him as his slaves, and stated to be his property iu a certain pass or document signed by the Governor General of Cuba. Pedro Moutez had with him four other ne groes, also claimed by dim as his slaves, and stated to be his property in a similar pass or document, and also signed by the Governor General of Cuba. On the voy-age, and before the arrival of the vessel at her port of destination, the negroes rose, killed the Captain, and took possession of her. On the 2Gth of August the ves sel was discovered by Lieutenant Gedney, of the United States brig Washington, at anchor on the high seas, at the distance of half a mile from the shore of Long Island.

A part of the negroes were then on shore at Cullodeu point, Long Island, who were seized by Lieut. Gedney and brought on board. The vessel, with the negroes and other persons on board, was brought by Lieut. Gedney into the District of Connecticut, and there libelled for salvage in the District Court of the United States. A libel for salvage was also riled by Henry Green and Pelatinh Fordham, of Sag Harbor, Long Island.

On the 1 8th of September Ruiz and Montez filed claims and libels, in which they asserted their ownership of the negroes as their slaves, and of certain parts ot the cargo, nvifl fltnt ftia ouma tnirrht Ka lolivrpfl tn Ihflm l.J VI HIV? Dl 111 UJ w. or to the representatives of her Catholic Majesty as might be most proper. Un the 1'Jih ot September the Attorney of the United States for the District of Connecticut filed an information or libel, setting forth that the Spanish Minister had officially presented to the proper department of the Government of the United States a claim for the restoration of the vessel, cargo, and slaves. as the property of Spanish subjects which had arrived within the jurisdictional limits of the United States, and were taken possession of by the said public armed brig of the United Stales, under such as nmde it the duty of the United States to cause the same to be restored to the true proprietors, pursuant to the treaty between the United Slates and Spain; and praying the Court, on its being made legally to appear that the claim of the Spanish Minister was well-founded, to make such order fur the disposal ef the vessel, cargo, and slaves, as would best enable the United States to comply with their treaty stipulations. But, if it should appear that the negroes were persons transported from Africa in violation of the laws of the United States, and brought within the United States contrary to the same laws, he then prayed the Court to make such order for their removal to the coast of Africa, pursuant to the laws of the United States, ns it should deem fit.

On the 19th of November, the Attorney of the United States filed a second information or libel similar to the first, with the exception of the second prayer above set forth in his former one. On the same day, Antonio G. Vega, the Vice consul of Spain for the State of Con-. necticut, filed his libel, alleging that Antonio was a slave, the property ol the representatives of Ramon Ferrer; and praying the Court to cause him to be delivered to the said ice Consul, that he might be returned by him to his lawful owner in the Hand of Cuba. On the 7th of January, 1840, the negroes, (Cinqnez and others,) with the exception of Antonio, by their counsel, tiled an answer deuying that they were slaves, or the property of Ruiz and Montez or that the Court could, under the Constitution or laws of the United States, or under any treaty, exercise any jurisdiction over their persons by reason ot the premises, and pray ing that they might be dismissed.

They specially set forth and insist in this answer that they tvere native-burn Africans, born free, and of right ought to be free and not slaves; that they were, on or about the 15th of April, 1839, unlawfully kidnapped, and forcibly and wrongfully carried on board a certain vessel on the coast of Africa, which was unlawfully engaged in the slave trade, and were unlawfully transported in the same vessel to the Island of Cuba for the purpose of being there unlawfully sold as slaves that Ruiz and Moutez, well knowing the premises, made a pretended purchase of them; that afterwards, on or about the 28th of June, 18'JK, Ruiz and Montex, confederating with Ferrer, (captaiu of the Amistad,) caused tbein, without law or right, to be placed on board ot the Amistad, to be transported to some place unknown to them, and there to be enslaved tor lit mat an tne voyage they rose on the master, nnd took possession of tho vessel, intending to return therewith to their native country, or to seek an asylum in some free State and the vessel arrived, about the 2tth ol August, oil Montaug Point, near Long Island; a part of them there went on shore, and were seized by Meut. uetiney, nnd carried on board, and all of them were afterwards brought by him into the District of Connecticut. Un the 7th ol January, lSi), Jose Antonio lcinncas Messrs. Aspe and Laca, all Spanish subjects residing in Cuba, filed their claims as owners to certain portions of of the goods found on board the schooner L'Amistad. On the same day, all the libellants and claimants, by their counsel, except Jose Ruiz and I'euro Moutez, (whose libels and claims, as stated of record, respectively, were pursued by the Spanish Minister, the same being merged in his claims,) appeared, and the negroes also appeared by their counsel, and the case was heard on the libels, claims and answers, and testimony of witnesses.

On the 23d of January, 1840, the District Court made a decree. By that decree, the Court rejected Die claim of Green and Fordham for salvage, but allowed salvage to Lieut. Gedney and others on the vessel and cargo of one third of the value thereof, but not on the negroes Cinqnez and others. It allowed the claim of Tellincas and Aspe and with the exception ot the above- mentioned salvage. It dismissed the libels and claims of Ruiz and Montez with costs, as being included under the claim ol the Spanish Minister.

It allowed the claim ot the Spanish Vice Consul tor Antonio, on behalt ot Ferrer's representatives. It rejected the claims of Ruiz and Montez for the delivery of the negroes, but admitted them tor the cargo, with the exception ol the above-men tioned salvage. It rejected the claim made by the Attorney of the United States, on behalf ol the Spanish Minister for the restoration of the negroes under the treaty; but it decreed that they should be delivered to the Presi dent ot the United States, to be transported to Africa, pursuant to the act of 3d of March, 1819. From this decree the District Attorney, on behalf of United Suites, appealed to the Circuit Court, except so far as related to the restitution of the slave Antonio. The claimants Tellincas and Aspe and Laca alsoappealed from that part of the decree which awarded salvage on the property respectively claimed by them.

No appeal was interposed by Ruiz or Montez, or on behalf of the representatives of the owner of the Amistad. The Circuit Court, by a mere pro forma decree, affirmed the de cree ot me district tonrt, reserving the question of sal vage upon the claims or Tellincas aud Aspe and Luca. Aud from that decree tho present anneal has been brought to this Court. The cause has been vary elaborately argued, ns well upon the merits as upon a motion on behalf of the appellants to dismiss the appeal. On the part of the United States it has becu contended, 1.

Tlmt due aud sufficient proof concerning the property has been made to authorize the restitution of the vessel, cargo, and negroes to the Spanish subjects on whose behalf they are claimed, pursuant to the trenty widi Spain 27th of October, 1796. 2. That the United States have a right to intervene in the manner in which they have done, to obtain a decree for the restitution of the property upon the application of the Spanish Minister. These propositions inese Airican negroes not to be slaves but kidnapped and free negroes, the treaty with Spain cannot be obligatory npon them and the United States bound to respect their rights as much as those of Spanish cnbjects. The conflict of rights between the parties tinder snch circumstances becomes positive and inevitable, mid must be decided upon the eternal principles of justice and international law.

If the contest were about any goods on board of this ship, to which Americrn citizens asserted a title, which was denied by the Spanish claimants, there could be no doubt of the right of such American citizens to litigate their claims before any competent American tribunal, notwithstanding the treaty with Spain. A fortiori the doctrine must apply where human life and human liberty are in issue, and constitute the very essence of the controversy. The treaty with Spain never could have intended to takeaway the equal rights of all foreigners, who shall contest their claims before any of our courts, to equal justice, or to deprive such foreigners of the protection given them by other treaties, or by the general law of nations. Upon the merits of the case, then, there does not seem to us to be any ground for doubt that these negroes ought to be deemed tree, and that the Spanish treaty interposes no obstacle to the just assertion of their rights. -There is another consideration growing out of this part of the case, which necessarily arises in judgment.

It is observable that the United States, in their original claim, filed it in the alternative to have the negroes, if slaves and Spanish "restored to the proprietors or, if not slaves, but negroes who had been transported from Africa in violation of the laws of the United Stales, and brought into the United States contrary to the same laws, then the Court to pass an order to en able the United States to remove such persons to the coast of Africa, to be delivered there to such agent as may be authorised to receive and provide for them. At a subsequent period, this lust alternative claim was not insisted on, and another claim was interposed omit ting it, from which the conclusion naturally arises that it was abandoned. The decree of the District Court, however, contained an order for the delivery of the ne groes to the United Slates, to be transported to the coast of Africa under the act of the 3d of March, 1819. ch. 224.

The L'nited Slates do not now insist npon any affirm ance of this part of the decree; and, in our judgment, upon the admitted facts, there is no ground to assert that the case comes within the purview of the act of 1819, or of any other of tho prohibitory slave-trade acts. These negroes were never taken from Africa or brought to the United States in contravention of those acts. When the Amistad arrived, she was in possession of the negroes asserting their freedom and in no sense could they possibly intend to import themselves here, as slaves. In this view of the matter, that part of the decree of the District Court is unmaintainable, and must he The view which has been thus taken of this case tip- on the merits under the first point renders it wholly unnecessary for ns to give any opinion upon the other point as to the right of the United States to intervene in this case in the manBer already slated, i We dismiss this, therelore, as well as several minor points made at the argument. 1 1 As to the claim of Lieut Gedney for the Balvage ser vice, it is understood that the United Stales do not now desire to interpose any obstacle to the allowance of it, it it is deemed reasonable by the Uourt.

It was a highly meritorious and useful service to the proprietors of the ship and cargo; and such as, by the general principles ot maritime law, is always deemed a just Joundatian lor salvage. The rate allowed by the Court does not seem to us to have been beyond the exercise of a sound discretion, under the very peculiar and embarrassing cir cumstances of the case. Upon the whole, our opinion is that the decree of the Circuit Court affirming that of the District Court ought to be affirmed, except so far as it directed the negroes to be delivered to the President to be transported to Africa in pursuance of the act of the 3d of March, 1819: and, as to this, it ought to be reversed, and that the said negroes be declared to be free, and be dismissed from the custody of the Court, and go without day. 1 roe copy, lest: WM. THOS.

CARROLL, C. S. C. U. S.

The Whigs of New York have unanimously nominated J. Phillips Phoinix as their candidate for Mayor at the approaching charter election. Hon. Charles B. Penrose.

On Saturday last Mr. Penrose resigned the office of Speaker of the Senate of Pensylvania, preparatory to entering upon his new duties as Solicitor of the Treasury. Hon. John H. Ewiug was elected Speaker in the place of Mr.

Penrose. BY THE LAST MAILS. KJIt has been decided by the New Haven County Court that Mr. Townsend is the legally constituted guardian of the African girls of the Amislad, and they have been delivered up to him. W'e understand that they are now in Farmington with the rest of the Africans.

Correspondence of the N. Y. Express. Washington, March 17. Edward Curtis is Collccior of New York, which may now be proclaimed as "by authority." Some weeks ago I announced this as a necessary result of various causes combining; and 1 have no doubt, that powerfully recommended as he has been by a large majority of the leading houses in New -York, that his appointment will give general satisfaction.

Geirl Van Rensselaer has gone home with his commission as Post Master of Albany. R. C. Wetmoro is named Navy Agent. Elisha Whittlesey is named as Auditor of the Post Office.

Mr. Gardiner removed. I am inclined to think no more of New York City appointments will be made for some time. I think this may be authoritatively stilted to-morrow. 1 Col.

Chambers, of Kentucky, will be appointed Governor of Iowa. It was at one time thought that this would be given to Mr. Wilson of N. II. Mr.

Geo. Washington, of Indiana, it is rumored, is appointed Superintendent of Public Buildings, Mr. Now land removed. A Whig was removed to put Mr. Nowland in.

A gentleman from Georgia, Mr. Calhoun, I think is his name, is, as it is said, to have the Cuba Consulship. Nobody is named authoritatively for Liverpool. APPOINTMENTS BY THE PRESIDENT, By and icitk tlx adrke and consent of the Senate. land officfrs.

Thomas Scott, Register, Chillicothe, Ohio, vice James S. McGinnis. removed. Ambrose Whitlock, Receiver, Crawfordsville, Indiana, vice Ezekiel McConnell, removed. OFFICERS OF THE CUSTOMS.

collectors. James Hunter, Savannah, Georgia, vice Abm. B. Fannin, removed. Joseph C.

Noyes, Passamaqnoddy, Maine, vice Sullivan S. Rawson, removed. John M. Hale, Frenchman's Bay, Maine, vice Edward S. Jarv is, removed.

Charles J. Abbott Penobscot, Maine, vice Rowland II. Bridgham, removed. William B. Smith, Machias, Maine, vice Wni.

Brown, removed. George Thatcher, Belfast, Maine, vice Nathaniel M. Lowuey, removed. do not assert that the seizure and bringing the vessel and cargo and negroes into port by Lient. Gedney, for the purpose of adjudication, is a tortious act.

They simply confine themselves to the right of the Spanish claimants to the restitution of their property, npon the facts asserted in their respective allegations. Iu the next place the parties before the Court, on the oilier side, as appellees, are Lieut. Gedney, ou his libel for salvage, and the negroes (Cinquez and others) asserting themselves in their answer not to be slaves, but free native Africans, kidnapped in their own country, and illegally transported Jiy force from that country, tiow entitled to maintain their freedom. No question has been made here as to the proprietary interest in the vessel and cargo. It is admitted that they belong to Spanish subjects, and that they.onght to be restored.

The only point on this head is, whether the restitution ought to be npon the payment of salvage or not. The main controversy is, whether these negroes are the property of Ruiz and Montez, aud ought to be delivered up; and to this accordingly, we shall first direct our attention. It has been argued on behalf of the United States that the Court are bound to deliver them up according to the treaty of 1795 with Spain, which has iu this particular been continued in full force by the treaty of 1819, ratified in 1821. The sixth article of that treaty seems to have had principally in view cases where the property of the subjects of either State has been taken possession of within the territorial jurisdiction of the other, during war. The eighth article provides for cases where the shipping of the inhabitants of either State are forced, through stress of weather; pursuit of pirates or enemies, or any other urgent necessity to seek shelter in the ports of the other.

There may well be some doubt entertained whether the present case, in its actual circumstances, falls within the purview of this article. But it does not seem necessary, for reasons hereafter stated, absolutely to decide it. The ninth article provides That all ships and merchandize, of whatever nature soever, which shall be rescued out of the hands of any pirates or robbers, on the high seas, shall be brought into some port of either State, and shall be delivered to the custody of that port, in order to be taken care of and restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof." This is the article on which the main reliance is placed on behalf of the United States for the restitution of these negroes. To bring the case within the article, it is essential to establish, First. That these negroes, under all the circumstances, fall within the description of merchandize, in the sense of the treaty Secondly.

Timt there has been a rescue of them ou the high seas out of the hands of pirates and robbers, which, in the present case, can only be by showing that they themselves are pirates and robbers and, Thirdly. Thnt Ruiz and Montez, the asserted proprietors, have established their title by competent proofs If these negroes weie at the time lawfully bought aud sold, we see ho reason why they may (not) be justly deemed, within the intent of the treaty, to be included under the denomination of merchandize, (aud,) as such, ought to be restored to the claimants; for, upon that point, the laws of Spain would seem to furnish the proper rule of interpretation. Bui, admitting this, it is clear, in our opinion that neither of the other essential facts aud requisites has been established in prool and the onus probnndi ot both lies upon the claimants to give rise to the casus toederw. It is plain beyond controversy, it we examine the evidence; Unit these negroes never were the lawful slaves ot Kuiz and Alontez or of any other Spanish subjects. -They are natives of Africa, and were kidnapped there.

and were unlawfully transported to Cuba, in violation of the laws nnd treaties of Spain, and the most solemn edicts and declarations of that Government By those laws and treaties auu euicis me Airican slave trade is deemed a heinous crime and the negroes thereby introduced into the dominions of Spain, are declared to be free. Ruiz and Montez are proved to have made the pretended purchase of these negroes with a full knowledge of all the circumstances, and, so cogent and irresistible is the evidence in this respect, that the District Attorney has admitted, in open Court, upon ihe record, that these negroes were native Africans, and recently imported into Cuba, as alleged in their answers to the libels in the case, the supposed proprietary interest, then, of Ruiz and Montez is completely displaced, if we are at liberty to look at the evidence or the admis sions of the District Attorney Jf, then, these negroes are not slaves, but are kidnapped Alncans, who, by the laws of Spain itsef, are entitled to their freedom, and were kidnapped and illegally carried to Cuba, and ille gally detained and restrained on board ot the Amistad, there is no pretence to say that they are pirates or robbers. We may lament the dreadful acts by which they asserted their liberty, and took possession ol the Amistad, and endeavored to regain their native country but they cannot be deemed pirates or robbers in the sense of the law of nations, or the treaty with Spain, or the laws of Spain itself, at least so far as those laws have been brought to our knowledge; nor do the libels or Ruiz and Montez assert them to be such. This posture of the facts would seem of itself to put au end to the whole inquiry upon the merits. But it is argued, on behalf of the United States, that the ship and cargo and negroes were duly documented as belonging to Spanish subject, and this Court have no right to i i.

i i .1.... iook ueuiuu mese uocumeuis, uuu uiu imui unu credit is to be given to them and that they are to he held conclusive evidence in the case, even although it should be established by the most satisfactory proofs that they have been obtained by the grossest irauds aud impositions upon the constituted authorities of Spain. To this argument we can in no wise assent here is nothing in the treaty which inslifies or sustains the argument We do not here meddle with the point whether there has been any convenience in this illegal traffic on the part ol any of the colonial authorities or subordinate officers of Cuba, because, in our view, such an examination is unnecessary, and ought not to be pursued unless it were indispensable to public justice, although it has been pressed at the bar, What we proceed upon is tins: ihat although public documents ol the Government accompanying property found on board of the private ships of a foreign nation certainly are to be deemed prima facie evidence of the facts which they purport to state, yet they are always open to be impugned by fraud: and whether that fraud be in original obtaining of these documents, or in the subsequent fraudulent and illegal use of them, when once it is satisfactorily established, it overthrows all their sanctity, and destroys them as proofs. Fraud will vitiate any, even tke most solemn transactions, aud au asserted title to property fouuded upon fraud is utterly void. The very lauguage of the ninth article of the treaty of 1798 requires the proprietor to make due aud sufficient proof of his property.

And how can that proof be deemed either due orsutfi-cient which is but a connected aud stained tissue of fraud This is not a mere rule of municipial jurisprudence. Nothing is more clear in the law of nations, as an established rule to regulate their rights aud duties and intercouise, than the doctrine that the ship papers are but prima facie evidence, and that, if they are shown to be fraudulent, tliey are not to be held proof any valid title- This rule is familiarly applied, and indeed is of every day occurrence in cases of prize in the contests between belligerents and neutrals, as is apparrent from numerous cases lobe found in the reports of this Court; and it is just as applicable to the transactions of civil intercourse between nations in times of peace. If a private ship clothed in Spanish papers should enter the ports of the Uuited States claiming the privileges and immunities and rights belonging to bona fide subjects of Spain under our treaties and laws, and she should in reality belong to the subjects of another nation, which.