Sundry African Slaves, the Governor of Georgia, Claimant Appellant v. Juan Mardazo the Governor of Georgia, Appellant v. Sundry African Slaves, Juan Madrazo Claimant
Decision Date | 01 January 1828 |
Citation | 26 U.S. 110,1 Pet. 110,7 L.Ed. 73 |
Parties | SUNDRY AFRICAN SLAVES, THE GOVERNOR OF GEORGIA, CLAIMANT, APPELLANT, v. JUAN MARDAZO. THE GOVERNOR OF GEORGIA, APPELLANT, v. SUNDRY AFRICAN SLAVES, JUAN MADRAZO CLAIMANT |
Court | U.S. Supreme Court |
THESE cases were brought before this Court, from the Circuit Court of the United States for the district of Georgia, under the following circumstances.
The schooner Isabelita, a Spanish vessel, owned by Juan Madrazo, a native Spanish subject, domiciliated at Havana, was despatched by him with a cargo, his own property, in the year 1812, on a voyage to the coast of Africa, where she took in a cargo of slaves. On her return voyage she was captured by a cruiser called the Successor, under the piratical flag of Commodore Aury; the said cruiser being then commanded by one Moore, an American citizen; and having been fitted out in the port of Baltimore, and manned and armed in the river Severn, within the waters and jurisdiction of the United States. The Isabelita and the slaves on board, were carried to Fernandina, in Amelia Island, and there condemned by a pretended Court of Admiralty, exercising jurisdiction under Commodore Aury; and sold, under its authority, by the prize agent, Louis Segallis, to one William Bowen. The negroes, so purchased by Bowen, were conveyed into the Creek nation, in consequence, as it was alleged, of the disturbed state of East Florida, the insecurity of property there, and with a view to their settlement in West Florida; then a province of the Spanish monarchy. Being found within the limits of the state of Georgia, they were seized by an officer of the customs of the United States, and delivered to an agent appointed by the governor of Georgia, under the authority of the Act of the Legislature of that state, passed in conformity to the provisions of the Act of Congress of March 1807, prohibiting the importation of slaves into the United States; the negroes having been so brought into the United States, in violation of that Act.
Some of the negroes were sold by an order of the governor, without any process of law, and the proceeds paid over to the treasurer of Georgia. The residue of the negroes are in possession of an agent, appointed by the governor of Georgia.
The Isabelita was fitted out as a cruiser at Fernandina; taken by Moore to Georgetown, South Carolina; seized there by the United States, sent round to Charleston; libelled in the District Court of South Carolina; and, by a decree of that Court, restored to Madrazo, the claimant.
The governor of Georgia filed an information in the District Court of the United States for the district of Georgia; praying that a part of these Africans, which remained specifically in his hands, might be declared forfeited, and may be sold.
A claim was given in, in this case, by William Bowen; Juan Madrazo, the libellant in the other case, did not claim.
The decree of the District Court dismissed the claim of William Bowen, and adjudged the negroes to be delivered to the governor of Georgia, to be disposed of according to law.
William Bowen appealed to the Circuit Court, by which Court his claim was dismissed; and from the decree of that Court, dismissing his claim, he has not appealed.
Juan Madrazo filed his libel in the District Court of Georgia, alleging, that a Spanish vessel called the Isabelita, having on board a cargo of negroes, was piratically captured on the high seas, carried into the port of Fernandian, there condemned by some pretended tribunal, and and sold;—that the negroes were conveyed, by the purchaser, into the Creek nation, where they were seized by an officer of the United States, and by him delivered to the government of the state of Georgia; pursuant to an Act of the General Assembly of the State of Georgia, carrying into effect an Act of Congress of the United States;—that a part of the said slaves were sold, as permitted by said Act of Congress, and as directed by said Act of the General Assembly of the said state, and the proceeds thereof deposited in the treasury of the said state;—that part of the said slaves remain undisposed of, under the control of the governor of the said state, or his agents; and prays restitution of said slaves and proceeds. Claims were given in by the governor of Georgia, and by William Bowen. The District Court dismissed the libel, and the claim of William Bowen. From this appeal, Juan Madrazo appealed to the Circuit Court.
The Circuit Court dismissed the libel and claim of the governor of Georgia, and directed restitution to the libellant; and from this decree, appeals have been taken by the state of Georgia, and by William Bowen. A warrant of arrest was issued by the District Court, but was never served. A monition also issued, and was served, on the governor and treasurer of the state of Georgia.
In the Circuit Court, the following proceedings took place: 'On motion of the proctors of the libellant, Madrazo, ordered, that he have leave to renew his warrant, for the property libelled; but it shall be held a sufficient execution of such warrant, if the governor, who appears as claimant, in behalf of the state, will sign an acknowledgment, that he holds the same subject to the jurisdiction of this Court.'
Whereupon the following instrument was filed, December 24th, 1823:——
Executive Department, Milledgeville, May 15th 1823.
The executive having been furnished by the deputy marshal with the copy of an order, passed by the Circuit Court of the United States, in relation to certain Africans, the title to which is a matter of controversy in said Circuit Court, and also in the Superior Court of the county of Baldwin, makes the following statement and acknowledgment, in satisfaction of said order and notice.
Sundry Africans.
Libel in admiralty, against sundry African negroes.
The governor of the state of Georgia acknowledges to hold sundry African negroes, now levied on, by virtue of sundry executions, by the sheriff of Baldwin county, subject to the order of the Circuit Court of the United States, for the district of Georgia; after the claim of said sheriff, or prior thereto, if the claim in the said Circuit Court shall be adjudged to have priority of the proceeding in the state Court.
JOHN CLARK, Governor.
Documentary evidence was introduced in the Court below, and witnesses were examined, which proved the interest of Madrazo in the Isabelita; the illegality of the capture and condemnation; and which were intended to prove the identity of the negroes, the subject of the proceedings, with those who had been on board the Isabelita.
On the part of Juan Madrazo, it was contended.——
1. That his proprietary interest in the slaves, and the illegality of the capture, and condemnation of the Isabelita and cargo, were fully proved, and that he is entitled to restitution of the property libelled.
2. That the Court below had jurisdiction.
3. That the possession of the property libelled, the service of the monition, and the order of the Circuit Court, and agreement of the governor of Georgia, filed in that Court, fix the parties in possession of the property for it; and that the process of the Court will operate on them individually; and not on the state of Georgia.
On the part of the state of Georgia, it was contended.——
1. That the Court below had no jurisdiction.
2. That there is no sufficient proof of proprietary interest, to entitle Juan Madrazo to restitution of the property libelled.
William Bowen was not represented by counsel, before the Court.
As the decision of the Court was exclusively on the question of jurisdiction, no other than the arguments of counsel on that question are given.
Mr. Berrien, on the part of the state of Georgia.——
1. The Circuit Court of the United States had no jurisdiction in the case, it involving jurisdiction over the state of Georgia.
Jurisdiction cannot be claimed on the ground of consent; it cannot be obtained by the voluntary appearance of the governor of Georgia to the libel of Madrazo, and he had no right to give jurisdiction. The exemption of a state from the jurisdiction of the Courts of the United States, is for the preservation of their sovereignty; it is an attribute of sovereignty, and it is no objection to the exception being taken, that the appearance was voluntary. The governor of Georgia could not yield up this attribute of the sovereignty of the state; his
Page 113-Continued.
agency being limited by the Constitution. A party may object to the jurisdiction of the Court below, to try a cause which he himself instituted, Capron vs. Van Noorden, 2 Cranch, 126. This question is therefore to be considered as unaffected by the appearance of the governor of Georgia.
The 11th article of the amendments to the Constitution of the United States, takes away the jurisdiction of the Courts of the Union, in all cases in law and equity, in which claims are preferred against the separate states; and the amendment was intended to leave to the several states the adjustment of the claims of individuals upon them; Cohens vs. State of Virginia, 6 Wheat. 264. The judicial power of the Courts of the United States, is, by the amendment, prevented from extending to any suit, commenced or prosecuted, &c., against a state. 6 Wheat. 264. 407, 408.
The alteration in the Constitution was not made by revoking a power which the Courts possessed; but the amendment declares, that 'the judicial power shall not be construed to extend to suits, &c.' and it denies that such a power ever existed.
Why is not a suit in the admiralty a suit at law?
It proceeds according to the law of the country, and in the Courts of the country. The laws which govern and regulate he decisions of the Admiralty Courts, are the laws of the Union.
It is agreed, that, according to the doctrine in Fowler vs. Lindsey, 3 Dall. 411, the state must be either nominally, or substantially, a party to the suit. It is not enough, that the suit may, in its...
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