Newspaper of Burlington Free Press, October 4, 1839, Page 1

Newspaper of Burlington Free Press dated October 4, 1839 Page 1
Text content (automatically generated)

m umii mw it 2$tt?Itn&tinr ffivtt wet NOT THE GliOUV O F C M S A K 11 W T THE WELFARE OF ROME. BY IT. B. STACY. FRIDAY, OCTOBER 4, 1839. VOL. XIII No. 641 THE DYING HUSBAND Dearest, I'm dying ; bend Mice down One little moment by my bed, And let tlin sliodow of lliy hair Full gently o'er my ncliing hend. Oli. raise inc up nnd let mo feel Once more the Iteming! of thy heart, And presslhy lips to mine, Before in midnight death we part. Nnv, tremble not, lint fold me close, Pillowed upon lliy oivn dear breast, I din win Id let my slrnpgling soul Pass forth to its eternal rest. She stoops, nml on Iter bursting heart His drooping head is resting now, While while nnd licmbling doners part The damp hail from his pallid btow. And there upon his cold while form, With (imeiin lip the kiss was given ; .And pressed no if 'twould draw him back, Buck from the very gates of heaven. There, like o dyin bird, his soul Lay runling out ils quivering life; And still his almost lifeless arms Clung fondly to bis pale young wife. One look lie gave her, and itseem'd An nngel had from heaven above Shaded with wings of tenderness The troubled fountains of his love. A holy smile came o'er bis face, As moonlight gleaming o'er the snow, One snuggling Ineaih, one fain: embrace, And lifeless he is lying now. The setting sun with golden light Was flooding all the loom mid bed, Enfolding with hi pinions bright The fainting wife, the marble dead. UTILITY or AGMCULrljttAL SOCIETIES The edilor of tho London Fanners' Magazine spciiks thus nl the matter : ' Anenlioii has been aroused to the remarkable progiOFs ugiicultiire has made in Scotland, and to the rents cheerfully paid by the, tenants here, tho' laboring under the disadvantage of a moie inhos pitable climate. That the Scotch nre belter far mers than the English generally, that they pay higher rents, and that their system of farming is improving daily, nre facts ut least unequivocally though reluctantly ndmilled ; and the question is very naturally asked, how has this change been effected 1 Uoiv is it that our northern brethren, laboring under acknowledged disadvantages, have beaten us in the race I The answer is, by introdu cing the practice of, and improvement effected by, the most talented and skillful agriculturists, to writing, thereby establishing ngrictiliure as a sci ence, nml ngnin diffusing such information speedily nml widely amongst the farmers. The effective iillniniwnl of both objects may be mainly, if not Hllogcther, iifcribcd to the exertions of the High, land Agricultural Society. We have always been so ifecpl)- impinged wiih the vnlua of litis society, I that we have never failed to hold it up ns a model to nil other agricultural societies. A like opinion nf its utility is rapidly spreading, as well as n desire to become belter acquainted with the system of management adopted by the Sco'ch agriculturists." THE ENGLISH AGRICULTURAL SOCIETY. Hnsjustheld its first anniversary ment ing : and as far as we are enabled In judge from their labors thus far, tho society is likely to prove til' immense advantige to the nnt tdii. It appears frnm the fust nn nual report, that there ore already 1104 members of different classes : that its sub script inns amount to about $30,000 ; that ten prize have already been n warded for nrizR ctsays to bo road before tho society ; that an extensive correspondence has been opened with the agricultural, horticultural, domological and statistical societies of Europe, that ecological collections are being made, and the basts of a library laid ; thai the first number of a journal, containing ' their proceedings and prize essays was commenced in April last, &c. The report concludes with a list of prizes to be awarded amounting to some thousand dollars, and of the prominent objects which are primarily to engage the attention of the society. 01 the latter, the following are '.lie heads : 1. Classification of soils. 2. Permanent improvement of soils. 3. Productiveness of seeds. 4. Manures. 5. Rotation of crops, 6. Stock. 7. Mechanics of agriculture. 8. Discasesof cattle and plants. 9. Grass farms. 10. Physiology of agriculture. We note these heads as constituting the great points ol improvement in the agncul lure of every country, and particularly in Ihn agriculture ortbe United Slates, and as calculated to produce, in the investigations to which they will lead, the highest advan tages to civilized socioty. And we repeat the remark. in it hope of stimulating to the organization of a like society in our country upon a liberal and enlighioned scale, Hint the English Agricultural Society embraces men of the highest standing in the kingdom in reference to rank, influence and science. With us, unfortunately, our great men are too much engaged in politics, in commerce or in speculation, and either do not appre ciate justly the importance of agricultural improvement, or have not leisure or pat rtotism to bestow proper attention upon it. Cultivator. THE RICH AND POOR. A FAIKY TALE. In the tiroo of the Fairies, tinners went on no better than they do at present. John Hopkins, a poor labourer, who had a largo family of children to support upon very scanty wages, applied to a fairy for assistance. 'Here I am half starving,' said he, 'while my landlord rides about in a fine carriage; his children are pampered with the most dainty fare; and even his eemnti are bedizsened with (gaudy live' riesj in o word, rich men by their ex travagnnco, deprive us poor men of bread. In order to grnttfy them Willi luxuries, we are debarred almost, the necessaries ol life.' ' "Pis n pitiable case, honest friend,' re plied the Fairy, 'and I tun rendy to do nil in my power to assist you nnd your dtslres ted friends, Shall I, by n stroke of my wnnd, destroy nil the handsomo equipage, nnd fine clothes, and dainty dishes, which offend you ?' 'Since you are so very obliging,' said honest John, in tho joy of his heart, 'it would perhaps bo belter in destroy all lux. uries whatever - for, if you confino yourself to (hose you mention, the rich would soon have recourse toothers ; nnd it will scarcely cost you more than an additional stroke of your wand, to do the business outright, and get rid of (he evil, root and branch. No sooner said than done. Tho good natured Fairy waved her all-powerful wand, and, wonderful to behold ! tho superb mnn. sum of the landlord shrunk beneath the stroke, nnd was reduced to nn humble tbniched cottage. The gay colon and delicate textures of the apparel of its in hnbtiunis faded and thickened, and were transformed into the mo.t ordinary cloth ing; iho green-house plants sprouted out cabbages, nnd the pinery produced potatoes. A similar change took place in the conch house nnd stables the elegant landau was seen varying in form nnd enlarging in dimensions, till it became a wagon; while the smart gig shrunk and thickened into n plough. The manes of the horses grew coarse and shaggy, their coats Inst all bril. Iiancy and softness, and tlioir legs became thick nnd clumsy ; in n word, they were ndaptod to the now vehicles they were henceforward to drnw. IIonr"t John was profu?o in his thanks, bul the Fairy stopped htm short. Return to ni- nt the end of the week,' said she, Ml will bo lime enough to express your grnti tude when you can judge how much reason yon have to be obliged to me. Delighted with success, and can-or to communicate the happy tidings to his wife and family, John returned home. 'I shall no longer,' said he to himself, 'be disgusted with tho contrast of the rich nnd tho poor ; what they lose must he our gnin, nnd we shall sec if things will not go on in a differ ent manner.' His wife, however, did not receive him with equal satisfaction ; for. having gone to dress herself (it being Sunday) "in her best cotton gown, she beheld it changed to a homely stuff! and her China tea pot. given her by her landlady, and on which sho set no small value, though the handle was broken, was converted into crockery warn! She came with n woful connten. ance to communicate these ad tidings to lier husband. John 'hemmed' and 'hawed,' and nt length wisely deieruiiucd to keep his own counsel, instead ol boasting of being the nuthorof the changes which hud tnken place. Presently his little boy rame in crying. 'What ails you, Tommy ?' said the fathc", half pettishly, and somewhat suspecting that he had caused his tears also. 'Why, daddy." replied the tirchio. 'as I was play, ing at battledore with Dick, the shuttle cock flew away und wos lost, and tho bat tledores turned into dry slicks, fit but to be burnt!' 'Psha!' cried tho father, who be gan to doubt whether he had not done a foolish thing. In order to take time to turn over the subject in his mind, and console himself for his disappointment, he called for his pipe. Tho good wife roso to fetch it when, lo and behold, tho pipes were nil dissolved ! there wns pipeclay in plenty, bul no means of smoking. Poor John could not refrain from nn nath; nnd, in order lo pacify him, his wife kindly ordered htm a pinch ol snuff. Ho took the box: it felt light, and his heart misgave him as he tap ped it. It was with too much cause, fur, on opening it, it was empty ! At length, being alone ho gave vont to vexation nnd disappointment. 'I was n fool.' cried he, 'not to desiro tho Fniry to meddle wilh the luxuries nf tho rich only. God knows we havo so few, that it is very hard that wo shiinld be deprived of them. I will return to her at llie end of the week, and beg hpr lo make an exception in our favor.' This thought consoled h'm for a while; but long before the nnd of the week, poor John had abundance of cause to repent of all that ho had done. His brother Richard, who had been at work in a Bilk manufactory, waa, with till the other wcovors, turned out of work. The silk had disappeared ; and the tnanu facturers, wilh ruin elaring them in the face, had sent thoir workmen out upon the wtdo world. John, conscience stricken, received his starving brother in tho house. 'You will see great changes for the better 6oon,' said ho, 'and get plenty of work.' 'Where, and how ?' cried Richard but that was morn than John could say. Soon uftcr Jack, his oldest son, roturned home from the coach maker with whom he had worked nil thecarringos being turned into wagons, carls, and ploughs. 'But why not stay wilh your mailer, nnd work at the carts instead of the. coaches ?' 'Nay. but ho would not keep me, ho had no woik for mo ; he had morn carts and wagons than he could dispose offor many a day: 'ihe farmors,' ho said, 'had nioro than they wanted, and tho cartwright business was at an end, as well as conchinaking.' John sighed; indeed, ho well nigh groaned wilh compunction. 'It j fortunate for mo, however,' thought he, 'that I earn my iivoiinouo as a laoorer in mo holds. Lorn and hay, thank God, are not luxuries ; and 1 at least, shall not be thrown out of work,' In a few days, however, tho landlord, on whoso estata he worked, walked into the collage. John did not immediately know him, so much was his appearance altered by a bob wig, a rusty suit of clothes, and worsted itocbinga, 'John,' said bo, 'you arc an honest, hard working man, ami I should be sorry lo have you comu to dis tress. Here arc a couple of guineas, lo help you on till you can find snmo nevv cm ployment, for I havo no further occasion. fur your services.' John's cOiintennnco, which bad brightened up at the sight of the gold, now fell most heavily. Ho half susneoted that hi-) landlord might havo discovered the cause cf all the mischief (for this ho could nn longer conecnl from himself) that it re ally whs the change, nnd he muttered, that ho Imped ho hnd nut offended his honor !' 'Do not honor me. We nre nil now, too thinks, peasants nhlte. I have Ihe good fortune, however, to relniti my laud, since that is not a luxury; but the farm is en much larger than in my present style of living I havo any occasion for, than I mean to turn the greater part of it into a sheep walk, or let it go uncultivated.' 'Bless yoor honor, that would ba n sad pity ! such firm meadows and corn ! Hut cannot you sell ihn produce as bofote ? for com and hay aro not luxuries. 'True,' replied Ihe landlord, 'hut I am now liv. ing on Iho prnduuo of less than half of my es tate ; and why take tho (roublo to cultivate more? for, since thcro aro no luxuries lo pur. chaso, I want no more inonoy than to pay my laborers, and buy the homely clothes that I and my family aro obliged to wear, flulftlie produce of my land will bequito sufficient for theso purposes.' Poor John was now reduced to despair. Tho cries of distress from people Ihiown out of work.ovory whore assailed Ins oars. Ho knew not whero tohido bis shamo and mortification until tho eventful week had expired when he hastened to tho Fairy, throw hinisolf on his knees, and implored her la revoke tho fatal decree, and restore things to what llicy had been before. Tho light wand once moro waved in tho air, hut in a direction opposed lo that in which it had beforo moved; and immediately Iho stately mansion roso from the lowly cot I a go ; tho heavy teams began to prance and snort, and shook their clumsy harnesses till they became elegant trappings but most of all was it delightful to see the turned off workmen running to their looms and spin dles; tho young girls and old women en chanted to regain possession of tho lost lace cushions, on which they depended for a live lihood? and evcty thing offering a prospect of happiness, compared wilh tho week of mis. cry they had passed through. John grew wise by this lesson; ond whenever nny one complained of tho hard ness of the times, and laid it to the score of expenses of the rich, he took it upon him in prove that the poor were gainers, not. losers, by luxuries; and, when argument failed to convince his hearer, ho related his won derful tale. There may be too much lux ury as well as ton little. But then, if n man don't spend more than ho con ufford that is, if he don't injure himself, we have nn reason to complain of his luxuries, what ever they may be, because they give us work, and that not a short time, hut regu. lorly, and for n continuance. John now went homo satisfied that the expenses ol tho rich could not harm the pour, unless their expenses first injured the rich themselves. No bad safeguard, tho't he : nnd, ns he trudged nlnng. pondering it in his mind, he came to the following con clusion : 'Why, then, nfter nil. the rich nnd the poor have but one and the eamo interest that is very strange ! I always thought they had been as wide apart as the east h from the west! But now I am convinced that the comlorts 'of the poor are derived from the rich.' HORRID MURDER. On Tuesday night n horrid murder was committed in Ihe basement of house No. 4! Rnsevelt street. In that place resided Thaddeus W. Morgan, n native of Rhode Island, and his wife Jemima, with thoir two mnle children, the ono seven years nnd the oilier only 18 months old. Mrs. Mor gan was tho daughter of Joshua Hobart, n respectable though nnt opulent farmer, of Soul hold, Suffolk County, Jjing Island, where she was born ubout thirty five years ngo, and had been married nbout eight yenrs ince In Thaddeus W. Morgan, and for several yean Inst past they have resided in this city, nnd obtained n living by attend ing ns hucksters in iho Fulton innrket en gBged in the sale of vegetables. Morgan, the husband, was a man of intemperate habits, and (hough civil when sober, was apt to indulge hts brutal propensities when drunk, which wns almost every day of his life. His wife, on the contrary, was a wo man of great moral worth, and nn example of suffering, patience and resignation. During their marriage lhay had lour clnl dren.oric of whom died.nnd three (all boys) 6till survive, ono about 5 years old, living with his uncle, n man of property, in tho western part of this stale ; and Iho eldest and youngest remaining with nnd being supported by their mother, Somo two or three years since, in a fit of impatience, Mrs. Morgan separated frnm her husband on account of his gross intemperance, and ho then went to the Navy Yard &. shipped as a seaman in Ihe service of tho United Slates, where he remained for a time, but was finally released from his engagements and obligations as a U. S. seaman, by Ins brother, who at his pressing solicitation, and on hid promises of amendment, restored him lo liberty, and advised him to go and live with his wife again, This ho did and for some lime conducted better, and alien' ded to business, and hopes woro enter' tnined by his bosom companion ond her friends that the husband, had bocomo n reformed nnd altered man. But alas these hnpes were soon dissipated, by tho leindnl. genco of Morgan in his formur intemperate habits, Notwithstanding theso untoward circum stances, this "Imping against hope" for tho belter, Mrs. Morgan continued industrious' ly to apply herself to business, and to pro vide a living for herself and family. In do. ing this his assistance waa invoked, and he generally, when sober, attended the market' with her, but would occasionally indulge in

inng ins nt intemperance, lasting from a wool; to a month, nnd at these limes would quarrel with and obuso his vvifo for more money to spend upon his lusts. Thus, for sotnd time past, the parties lived. For the last 15 or 20 dnys, however, Morgan tia been almost incessantly drunk, nnd seemed to care a little fur business, or fnr his fam ily. On Tuesday night, nbout 1 1 o'clock, ho went, very nearly snber, to the porter home nf Mr. A. Blackwood. No. 2G Peck slio, with whom he wns acquainted, nnd uflc remaining a short time left, About two hours afterwards ho came there again, npptrently under Iho influence of liquor, and taking something to drink, went away, Aboil half past 4 o'clock yesterdoy inuru ing ho went there ngain. with his two children, curving the youngest in his arms sayirg his wife had slabbed and almost killed herself; wished to leave tho children, and requested Mr. Blnokwnod to go with linn to hts house and eoe her. Mr. Black wood accordingly went, nnd on passing frnm the basement entry inlo the room the family occupied, he saw Mrs. Morgan lying ncross the doorway in her room, on her loll side, her knees drawn upwards lownrds her hend, completely cold and dead. He called for a light, ns thai in ihe room was nltnost extinct; but Morgan said he was afraid, and could ntt go to get one. He went nut, how. evcr.nni came back without one. Mr Black, wood I Inn went out and borrowed a light & found Mis. Morgon weltering in her body linen, ano marks of violence on her hack. Soon aftei. two young men. named G. B. nnd II. W. Mend, belonging to hose com pany. No. I, who had just returned from a fire, and who lived at No. 40 Rosevelt slrcel, only two doors off, enme home, and were called in by Mr. Blackwood ; und Aldermnr Guion, of the 4th ward was sent fur, who came and sent for an officer to come them also On the arrival of tho Alderman, he sent Mr. Mead and Mr. Blackwood to the mar ket, whitler Morgan had gono, as he slat, ed, lo look after his marketing to bring him back. While they were absent howc.. ver. ho returned, and iho Alderman took hold of 1 1 1 1 r. and discovered blood on his right hand, between Ins thumb and finger, arid nNo nn the nail of tho thumb of the right hand. On being asked how ho got this blood open his hand, he said he got it by taking hold of tho body of his wife after ho nnd Mr. Blackwood found her, and ask ed Mr. B. if it was not 60, who said it was not, n3 he, Morgan, did not touch her body in his presence. The Aldetman also found lying on Ihe floor, directly in front of the breast of Mrs. Morgan, a largo dirk knife, with tho blade eliut. in the handle, and about hu'f of iho blade, three inches long, brolm offand missing. About a pint of blord was also found on the floor, nnd the orifices of several wounds observed in her bacc. The A Iderman ordered Morgan to be taken to the prison, after a brief con venation, in which ho said his wifo had killed herself because ho was out so much nt nights, and officer Marcelles and Messrs. Mcids, and another fireman, named Clan. cey,nf Engiuo No. 21, conducted him to prism, On the way lie said he had done notling, wanted sorno drink, which they would not givo give him, nnd exprossed a wisi not lo bo Ir.ken lo Ihe prison, as it migit be the means of injuring his rcputn tion, and conversed incoherently lo his conductors. In prison he said ha did not carowhether he lived or died, and appeared confused nnd embarrassed in his manner. In he meantime. Alderman Guion and hi? (dicer took charge of the body, nnd sufftrcd it in remain exactly in the state in which it was first found, until tho arrival of the coroner and Ins jury. Alderman Winder, the coroner, proceeded nt once to examine the body, and after wiping off tho blnod, he discovered seven ghastly wouids. The knife on ihe floor he picked up and opened, and found blood upon it, and half tho blade gone, which half ho found under her chemise, lying close to tho skin, ncross the abdomen. The body wasthen removed to the dead house in the Pnr', where Doctors Doane, Wood and Cleveling, were in atterdonce, and with great skill speedily executed a post mortem examination of ils various parts. During the examination, the surgeons discovered eleven wounds, viz : three in the back, tinder tho left shoulder blade; six in the left side, towards the spine ; ono through the upper left arm. and one on tho thumb of the right hand. Several of them wero long and deep, but only nno of them entered Iho interior ot tho chest, This wound was givoti with great force, evidently by a person partly behind the deceased, and passing completely through the middle of Ihe seventh rib, entirely split it, thereby permitting tho instrument to enter Iho cavily of the chest, which it did. In tracing it, it was ascertained that the instrument had penetrated the pericardium or sack that surrounds the heart nnd had separated the pulmonary artery at its orig in at the lieart, filling the chest with at least two quarts of blood, and inevitably causing death in n very few minutes. The physicians staled lhat such an ins trument as tho knife then present would produce such n wound, Tho knife found in frnnl of the body on the floor was known to bclmig to Morgan, and was often uod by linn at tho market, to Iho great ter ror nf his wife. In addition to the foro- going testimony tho oldest boy, about se ven years old, snid bo saw Ins fnther strike his mother with a knife. Under theso circumstances, and with these (acts before them, Ihe jury relumed as verdict, that Mrs. Jemima Morgan came In hor death in consequenco of wounds inflicted by her husband, Thaddeus Win. Morgan. Tho supposed murderer was committed for examination, and the poor motherless children wero sent to tho Alms House, the youngest crying for his mother. PJew.Yoik Sun. Correspondence of tho N. Y. tfx'press.l THE AFRICANS. HAnrronn, Sept. 23d. Tho decision of Judge Thompson, con curred in by Judge Judsnn, wns rend this morning in tho presence of ono or two hundred persons. Tho Court opened nt 8 o'clock, nnd even before this hour tho Court Room was thronged to overflowing. A more intcreslcd audience, judging from the earnest ottcnltnn of those present, were tipvcr assembled torether. No one. tho Judges excepted, knew wlTat the decision wa9 to he before the Court onuncd. The opinion, ihcrelnrc, which ns lurnfshcd me by a friend who reported it ulmost verbatim, exctlcd mingled satifaction and disappointment. Thu Abolitionists expec ted that tho Africans would ho set at' liberty. The Spaniards, aro so far satisfied. and are cnnlcnt lo leave tho question at present in mo nanas oi tue spantsii Minis ter. Decision of Judge Thompson. On the opening of tho Circuil Court, Monday September 23d, Judge Thomuson gave his decision with rer-pecl to the tippli- cation ot the prisoner's counsel, to have tho Africans discharged under the writ of habeas corpus and denied the motion. He nid the question beforo the Court was simply ns to the jurisdiction of the District; lyourt over this subject mntlor. Ho re grnttcd that the case hud not been held up for further consideration, and that ho had so little opportunity to examine the various important questions that arc involved in it, with that thoroughness and deliberation that was desirable. Ha regretted this the more, as tho case is n very peoulinr nnd complicated ono. It wns one a lo difficult to bo understood by the public. He could bul be insensible to the fact that tho feel ings of the community were deeply invol ved in the question, and he found there might be misapprehension of Ihe renl questions to be disposed of by the Court. It is possible, he said, that there may be some misrepresentation. Ho would there fore havo preferred thai lime should huvo been hllowcd for him lo give a correct opinion. But Ihe counsel have thought it advisable, he did not say it was not excusa ble, to call upon the Court to dispose of me caso now, he was compelled, though much against his wishes, to dispose of it"in the best way he could. The question lo be decided now, is nut as to the ultimate rights of either parly, bul it is whether the District Court can take cognizance of the subject matter thni grows out of this case. In order to nscnr tain this, wo must recur to tho laws of the U. S. The caso has been placed before the Court on the abstract right of holding human beings in bondage, or on iho gene ra! question of slavery. Tho Court is not called upon here lo determine this abstract question. It is sufficient to say that the Constitution of iho United Stntes, although the lenn of slavery is not used, und tho laws of tho United States do recoirnize the right of one man to havo tho control of the labor of nnother man. The laws of the country nro founded upon this princi pie. They recogntza this kind of right. Whatever private motives the Court may have, or whatever may bo their feelings on tins subject, they aro not to bo bro't into view in deciding upon this question. They must give tho same construction to the laws of the land, sitting in this State, as they would woro they silting in Virginia. It is the prnvinco and the duty of the Court to determine what the laws are, nnd not what it might be desirable they should be. My feelings, 6aid Judge Thompson, arc personally as abhorrent to the system nf slavery as tnose ol any man here, but I must on my oath, prunonnce what the laws nro on this subject. Tho true question men is as to too taw, and not as to any ol tho questions involved in tho case. The simple question lo determine is ns to the right of the Ui6trtct Court of Connecticut to take cognizance of tho matter. Under the laws of Iho United States all seizures in a District are lo be taken notice of in that District whero tho seizures are made. Tho important question is alwavs as to the place of seizure and the question always turns upon that; if a seizure is made within tho limits nf a State the juris diction of Ihe District Court is local. If it is made on the high seas, any District Court may lake cognizance of the matter. Where then wns the seizure mado in this case? It seems lo bo ngrectl by tho coun sel on both sides that tho seizuro was nctually mado in tho District of N. York. If that be the case this District Court has no jurisdiction of it whatever. But if the seizuro was in fact made on Iho high seas, .1.:, n. ..:.. n ... " t. , nils wuinn uimri huh jurisdiction, juogc T. said ho had supposed, at first, that the seizure was in fact mado in the District of New ork, but when ho came to examine the matter he found it was not so. Lieut. Gedney, in his libel, stales no such thing. He says ho wan on a 6tirvev within the Slnto of New York, but he docs not say that he actually discovered tho schooner Amislnd wilhin Hint District, nnd thnt he rnndo the seizuro within the District of N. York- All Iho evidence before llie Court is what is asserted in iho libel. The vessel, it seems, wns taken off Montauk Point. The Grnnd Jury, in l heir statement, 6ay it waa n milo distant from the shore. If this bo correct it was a seizure unoti the Irish seas, and ihereforo tho matter is rightfully beforo the Court for this District. In tho absence of absolute certainty on this point tho Court con endeavor lo ascer tain, frnm the best evidence in their reach, by examining maps and churls, the loculilv of the place: und after making such an examination, they aro of opinion that the actual place of seizuro does not appear lo bo within the jurisdiction of the District Court of New York, but upon tho high seas. The Admiralty jurisdiction upon the ocean extends '.o low water mark, lie tween high and low water mark there nltornntc jurisdiction between tho admiralty and common law courts. In deciding then that tho seizure wos made, in the judgment nf tho Court, upon tho high seas, if cither party is dissatiefied, the Court can insti,ititu inquiry to ascertain tho exact place, but tho more regular course is for the partv dissatitflcd to intcrpusc a plea to the juris djction of the Court, and then Ihe District Court must institute an inquiry to ascer tain where the seizure was made. It ia not competent then for thin Cmirf. nt ihn present time, to say the Dteirict Court had no jurisdiction in the caso. Consequently this Court cannot now pass upon the ques tion ns to tho properly lhat matter belongn to tho District Court. Should cither party bo dissatisfied with the docision of lhat Court, on anneal ran be tnkpn m ilm (Cir cuit Court, and afterwards to the Suprofne lyouri ut ine unucu states. Meantime the parties must be nut to their nlonn in the District Court, in order that ill tho lads, &c. may be put on record. It has been said this is a question of l.IDKKTY. and therefore that this (loun ought to decide the caao in a summary and prompt manner. But, in the judgment of the Court, this ought to have no influence) in thu decision. Tho situation of iho prisoners is such that ihey must be token care of by somebody. They did not come, here voluntarily. Il is not the case, there fore, of porsons coming hare of their own accord, and being taken up by other per sons against their will. If" the District Court hns jurisdiction of the schooner, they hnve jnridicti(iii of the persons of these Africans, and Ihey afe bound (o pro vide necessaries for them. They can pro vide for them as well as any other persons. The case seems to have been argued on the part of the prisoners as if ihey Ought to bu discharged if tho Court has no juris diction. This h not so. If it should be decided that the District Court hern hns na jurisdiction, ihey can decide also that tho cause nn snornmed to inn JJislrtct Court of New York. The Court would, in that, case, send the vessel and cargo, and every thing appertaining, to lhat Court. Thu prisoners would not be discharged, but sent also lo the District Court of New York. No benefit would arise lo them in bein? removed from this to another District. It is therefore a mailer of no consequence to the prisoners whether the question is tried here or in the District nf New York. It has been said that tho subsequent pro. ccedings in filing these libels ond claims here, wero without authority. But if tho case is within Ihe jurisdiction of Ihe Dis. trie. Court, oilier libels could be filed. It is true that if original libels have been filed in order to bring the matter within tho jurisdiction of this Court the proceed ings may be irregular. If there is any irregularity it can be corrected by filing a new libel. tho case being in the possession of the District Court, however, it is bound to receive claims of any body. This court cannot decide whethej these Spaniards have a right to these persons, or whether ihey should be put in the possession of ihe President of the U. S. These questions are not now regularly before the court. They must come up hereafter, and tho court must dispose of them. The courts of the U. 3. have taken cognizance of cases analogous to this. The question of juris diction is a preliminary question, and Iho court should not decide questions of ab stract right. Tho courts of the U, States havo taken cognizance of casas where foreigners claimed thu persons of slaves; but this is the first instanco where a writ of habeas corpus hab beon applied for, and therefore there are no other items that throw light upon Ihe subject. It has never been made a question whether they were instantly free on being brought into tho United States. The case of the Antelopo is directly in point. Tho Spanisji and Portuguese Consuls claimed these subjects as property, the court 6aid they must show their title. There may be nn impression here, that bocnuso slnvery is not tolerated in Connec ticut, that tho right of these Spaniards should not be investigated. The court, however, must bo governed by the laws of tho United States, and not by tho lawa of the Slate of Connecticut. Our form of Government recognised the right to import slaves up to the year 1808. It is true the Constitution doe not use that language, but it recognizes the right to a certain period, and declares that till then it was a lawful importation. The Constitution also provides for' the recovery of persons that may escape from one Slate inlo another w hero service is duo. It goes even beyond this, nnd interdicts the State from passing laws that oppose claimants from taking fugitive persons in the freo Stales. Should any State pass such laws, they would be absolutely void. Wo must look at things SB they are. The Court feel bound, ihere foro, tosay thalie-5 is no grouu upon which they can entertain the motion under the terit of habeas corpus. They fear that some misapprehension exists in the public mind nB to the effect and ground on which Iho caso has been disposed of by the Grand Jury, upon the directions of the Court. Tho question now disposed of has nut been affected by what previously took place. The only mailer settled previously, was that thore had been no criminal offence cognizable by tho courts of tho U. S. If the offence or murder has been committed on board a foreign vessel, with a foreign crew and with loroign papers, this is not an offence against the Inws of the U. S, It is an offence against Ihe laws of tho country to which ihe vessol belonged. The Courts of the U. S. have, in such cases, nn jurisdic tion, but if ihe offence be agaui6t tho laws of nations. I Inn Himoi nnl.1 jurisdiction. A murder committed, at in mo caso oi mo captain ol the Amtstad, is not a crime urrainst thn liwi nf n.iinno . ul wore the crime piracy even, it would not