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Associate Justice Joseph Story:
It is the opinion of this Court, that our treaty of 1795 with Spain, on which the Prosecution has primarily based its arguments, is inapplicable. While it is clearly stipulated in Article 9, that, and I quote, "seized ships and cargo are to be returned entirely to their proprietary," the end of quote, it has not be been shown to the Court's satisfaction that these particular Africans fit that description. We are then left with the alternative that they are not slaves and therefore, cannot be considered merchandise, but, are rather, free individuals with certain legal and moral rights, including the right to engage in insurrection against those who would deny them their freedom. And, therefore, over one dissent, it is the Court's judgment that the defendants are to he released from custody at once. And, if they so chose, to be returned to their homes in Africa
It is the opinion of this Court, that our treaty of 1795 with Spain, on which the Prosecution has primarily based its arguments, is inapplicable. While it is clearly stipulated in Article 9, that, and I quote, "seized ships and cargo are to be returned entirely to their proprietary," the end of quote, it has not be been shown to the Court's satisfaction that these particular Africans fit that description. We are then left with the alternative that they are not slaves and therefore, cannot be considered merchandise, but, are rather, free individuals with certain legal and moral rights, including the right to engage in insurrection against those who would deny them their freedom. And, therefore, over one dissent, it is the Court's judgment that the defendants are to he released from custody at once. And, if they so chose, to be returned to their homes in Africa
Full Transcript
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it is the opinion of this court
00:00:03.961 --> 00:00:08.507
that our treaty of 1795 with Spain
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on which the prosecution has primarily based its arguments
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is inapplicable
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While it is clearly stipulated in Article 9
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that and I quote seized ships and cargo
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are to be returned entirely to their proprietary
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Movie Summary
In 1839, the revolt of Mende captives aboard a Spanish owned ship causes a major controversy in the United States when the ship is captured off the coast of Long Island. The courts must decide whether the Mende are slaves or legally
