THE VOI CE OF FREED OH1. Uli.4- " from the New York Commercial Advertiser. The Amistad. The anxiously expected decision of the Circuit Court, upon the questions raised by the habeas corpus, was pronounced yesterday morning, in ihe presence of as many persons ns could possibly find place in the Court-room. What it would be no one could form an opinion ; and of course it was listened to with deep and profoundly silent uttention. We are enn bled to place it before our readers almost in the very words of the learned Judge who gave it. DECISION OF JUDGE THOMPSON". On the opening of the Circuit Court, Monday September 23d, Judge Thompson gave his decis ion wun respect to the application ot me prison ers' consul to have the Africans discharged under the writ of habeas coraus and denied the motion He said the ciuestion before the Court was simply ns.,to the jurisdiction of the District Court over the subject matter. He regretted that the case had not been held up for farther consideration anl.,that he had so little opportunity to examine the various important questions that are involved in it, with that thoroughness and deliberation that were desirable. He regretted this the more as the- rnsfl is ft verv peculiar and complicated one. It was one also difficult to be understood by the public. He could not be insensible to the fact that the feelings of the community were deeply involved in the question, and he feared there might be misapprehension of, the real questions to be disposed of by the Court. It is possible, he said, that there might be some misrepresentation. He would therefore have preferred that time should have been allowed, for him to give a writ ten opinion. But the counsel have thought i advisable, and he did not say it was not excusa ble, to call upon the Lourt to dispose ot the case .iow, and he was compelled, though much against his wishes, to dispose of it in the best way he could . The question to be decided now is not as to the ulterior rights of either party, but it is whether lae District Court can take cognizance of the sub ject matter that grov3 out of this case. In order to ascertain this, we must recur to the laws of the United Slates. The case has been placed before the Court on the abstract right of holding human beings in bondage, or on the general question of s-lavery. The Court is not called upon here to determine this abstract question, it is sufhcient to say that the constitution of the United States, nlthough the term slavery is not used, and the hws of the U. States do recognize the right f one man to have the control of the labor of an other man. The laws of the country are found ed upon this principle. They recognize this kind of right. Whatever private motives the Court may have, or whatever may be their feel iigs, on this subject, they are not to be brought into view in deciding upon this question. They nust give the sama construction to the laws of Me land, sitting in this State, as they would j were they sitting in Virginia. It is the province and the duty of the Court to determine what the I iws are, and not what it might be desirable they should be. My feelings, said Judge Thompson, itre personally as abhorrent to the system of sla very as those of any man here, but I must on my alh, pronounce what the laws are on this subject. The true question, then, is as to the law, and not as to any of the questions involved in the case. The : simple question to determine is as to the right of the District Court of Connecticut to take cognizance of the matter. Under the laws of the United States all seiz ures in a district are to be taken notice of in that district where the seizure is made. The import ant question is always as to the place of seizure, and the question always turns upon that. If a eizure is made within the limits of a state, the ju risdiction of the District Court is local. If it is made on the high seas, any District Court may t-ike cognizance of the matter. Where, then, was the seizure made in this case ? It seems to be ngreed by the counsel on both sides that the seiz ure was actually made in the district of New York. If that bejthe case this District Court has no jurisdiction of it whatever.-Bul if the seizure was in fact made on the high seas, this District Court has jurisdiction. Judge T. said he had supposed at first, that the seizure was in fact made in the dis trict of New York, but when he came to examine the matter he found it was not so. Lieut. Ged ney, in his libel, states no such thing. He says he" was on a survey within the state of New York, but he does not say that he actually disco vered the schooner Amistad within that district, and that he made the seizure within the district of New York. All the evidence before the court is what is set forth in the libel. The vessel, it seems, was taken off Montauk Point. The grand jury, in their statement, say it was a mile distant from the shore. If this be correct, it was a seiz ure upon the high seas, and therefore the matter is rightfully before the Court for this district. In the absence of absolute certainty on the point the Court can endeavor to ascertain from the best evidence in their reach, by examing maps and charts, the locality of the place ; and after making such an examination, they are of opinion that the actual place of seizure does not appear to be within the jurisdiction of the District Court of New York, but upon the high seas. .The admi ralty jurisdiction upon the ocean extends to low water mark. Between high and low water mark there is alternate jurisdiction between the admi ralty and common law courts. In deciding then that the seizure was made, in the judgment of the Court, upon the high seas if either party is dissatisfied, the Court can institute inquiry to as certain the exact place, but the more regular course is, for the party dissatisfied, to interpose o plea to the jurisdiction of the Court, and then the District Court must institute an inquiry to ascer tain where the seizure was made. It is not com petent then for this Court, at the present lime, to say the District Court has no jurisdiction in the ewe. Consequently this Court can not now pass upon, the question as to the property that matter belongs to the District Court. Should either par ty be dissatisfied with the decision of that Court, tin appeal can be taken to the Circuit Court, and nfterwards to the Supreme Court of the United States. Meantime the parties must be put to their pleas in the District Court, in order that all the facts, Sec, may be put upon record. It has been said this is a question of liberty, and therefore that this Court ought to decide the case in a summary and prompt manner. But in the judgment 0 the Court, this ought to have no in fluence in the decision. The situation of the pris oners is such that they must be taken care of by omebodj. They did not come here voluntarily. It it not the case, therefore, of persons coming hereof their own accord, and being taken up by other nersons no-ninst their will. If the District Court has jurisdiction of the schooner, they have jurisdiction of the persons of these Africans, and thev are bound to provide necessaries for them. They can provide for them ns well as any other persons. The case seems to have been argued on the part of the prisoners as it they ought to be dis charged if the Uourt lias no jurisdiction. I hi is not so. If it should be decided that the District Court here has no jurisdiction they can decide al so that the case be submitted to the District Court of New York. The Court would, in that case, send vessel and cargo, and every thing appertain ing, to that Court. The prisoners would not be discharged, but sent also to the District Court of New York. No benefit would arise to them in t. 1 r - . t . .1 . . . uciug removeu irom 11113 10 another diMiirt. it is therefore a matter of 110 consequence to the pris- aners whether the question is tried here or in the district of New York. It has been said that the subsequent proceed ings in filing these libels aiui claims here, were without authority, nut if the case is within the jurisdiction of the District Court, other libels could be died. It is true, that if the original hills have been filed in order to bring the matter within the jurisdiction of this Court, the proceedings may be irregular. If there is any irregularity, it can be corrected by filing a new libel the case being in the possession of the District Uourt, nowever, it is bound to receive claims of any body. This Court cannot decide whether these Spaniards have a right to these persons, or whether they should be put in the possession of the President of the United States. These questions are not now regularly before the Court. They must come up hereafter, and the Court must dispose of them. 1 he courts of the united States have ta ken cognizance of cases analogous to this. The question of jurisdiction is a preliminary question and the Lourt should not decide questions of ab stract right. The courts of the United States, have taken cognizance of cases where foreigners laimed the persons of slaves. But this is the first instance where a writ of habeas corpus has been applied for. It has never been made a question whether they were instantly free on being brought into the United States. The case of the Antelope is directly in point. The Spanish and Portuguese r-nnsnls rlnimprl thppp snhiprU ns nrnnnvtv- thp Court said thev must show their title. There may be an impression here, that because slavery is not tolerated in Connecticut, the right of these Spaniards should not be investigated. The court, however, must be governed by the laws of the United States, and not by the lawsfof the state of Connecticut. Our form of Govern ment recognized the right to import slaves up to the year 1S03. It is true the constitution does not use that language, but It recognizes that right up 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 state into another where service is due. it goes even beyond this, and in terdicts the states from passing laws that oppose claimants from taking fugiti ve persons in the free states. Should any stale pass such laws, they would be absolutely void. We must look at things as they are. The eourtfeel bound, there fore, to say that there is no ground upon which they can entertain the motion under the writ of habeas corpus. They fear that some misapprehension exists in the public mind as to the effect and ground on which the case has been disposed of by the grand jury under the direction of the Court. The ques tion now disposed of has not been affected by what previously took place. The only matter settled previously was that there had been no criminal offence cognizable by the courts of the United States. If the offence of murder has been committed on board a foreign vessel, with a for eign crew and with foreign papers, this is not an offence against the United States. It is an offence against the laws of the country to which the ves sel belonged. The courts of the United Slates have, in such cases, no jurisdiction but if the offence be against the laws of nations this Court would have jurisdiction. -A murder committed. as in the case of the captain of the Amistad, is not a crime against the laws of nations, connect ed as it is with the slave trade. The Court said that as they perceived there were note-takers present, they hoped they would be careful to make a true representation of the decision. I.he Court does not undertake to say that these Africans have no right to their freedom, but leave that matter, in litigation in the District Court, subject to appeal. And for reasons as signed, deny this motion. One of the counsel for the prisoners then asked the Court if they meant to express the opinion that a foreigner coming here with a slave can call up on the U. S. Courts to enforce the claim of the fereigner to the slave. Judge Thompson, in re ply, said he did not wish to decide now upon the abstract question. As a judge he did not feel called upon to decide it. From the N. Y. American. The Captives of the Amistad. We cannot deny to ourselves the pleasure of publishing the following communication, which w.e find in the Post of last evening. We honor the Rtv, Mr. Dewey, for that he had the boldnees to speak out when so many are interestedly silent, or clamor ous on the opposite side and although he, as a minister of the gospel, may ask with something of scornful incredulity, wherein should consist "boldness," in the expression of an honestly en tertained opinion, we, who see more of the work ings of this everyday world, tell him there is boldness, and, in proportion, honor, in thus stand ing for right that is unpopular, and truth that is denied by time-servers, and the faint professors of hypothetical freedom, but strenuous and earn est defenders of actual slavery. To the Editor of the Evening Post: My dear sir: The following brief extract on the case of the prisoners of the Amistad, from a discourse which I delivered on last Sunday morn ing, I have been requested to send for insertion to some of the public prints. I confess that I am in duced to do it, not more by the request, than by the comment which I have frequently heard since Sunday, on the boldness of the passage. Bold ness, sir ? Has it then come to this that, from the unhappy controversy which has arisen among us, concerning Slavery, we are to be prevented from expressing the sentiments of common hu manity 1 If it be so, then I think it is time for those who are not Abolitionists, as I am not, in the technical sense of that word, should let it be known that neither arj they callous to the claims of eternal justice. Obville Dewey. . " What if we were doomed to take the place of those unlortuimte men, who are now immured :n the prisons of a neighboring city, yes, and im mured there for the very act which has rendered our forefathers illustrious for drawing the sioord for freedom ! We build the sepulchres of our fa thers, and incarcerate those who imitated them! And I know not but the abused freedom of our discussions, on a kindred topic abused alike in the maintenance and in the resistance of them has lessened the sensibility which a just and generous people ought to feel, to the affecting case that is presented to us. Let me then turn from the particular subject of my discourse to speak of it for a moment. A company of persons are torn from their homes and sold to the man-stealer that ever prowls about the coast of unhappy Africa. Alas! that the in famous traffic should still prevail, nay, and with increased extent and atrocity. These unhappy persons thrust into the hold of a slave-ship treat ed with a cruelty never inflicted on beasts suf fer all the indescribable horrors of the viiddle passage and at length, are landed upon an un known shore, far from their country, theirchil dred and their homes. Their re-purchase in Ha vana, their change of masters, their conveyance on board another ship, alters not the case to them; it is all one tissu of wrong, fast strengthening into the bond of endless slavery. If the worm, trod den on, will turn if the insect, pressed by an anwary hand, will sting if the wild beast will tear and rend to free himself from the hunter's toils will not a ?nan, conscious of right in his bosom, rise against the injustice that binds him to hopeless captivity ? ,1 know not what the laws of nations what treaties and compacts may de mand but I know what humanity demands what justice demands. And the man who will not groan within himself, if these already suffer ing, wronged and injured beings must be sent back to a bloody death in Cuba, deserves not himself to be free." If, after this just and eloquent passage, we were disposed to hold up to the scorn of our read ers, one in all respects its opposite, we would take the leading article in last Evening's Star, where in these men of the Amistad black though they be that have "drawn the sword for freedom," are treated aspirates and murderers; and the honorable sympathy manifested at Hartford, in fa vor of the oppressed, who, by their own right arms, have broken tneir chains, is described as "calculated to make a melancholy impression up on the people of this country." But Mr. Dewey, as a preacher of the gospel, is honorably laboring in his vocation, and the Star, as the advertised friend of the South and its peculiar institutions, is laboring in that which it has chosen. A Voice from Maryland. The following cheering extract is from a letter which we have recently received froSI intelli gent gentleman in Frederic co. (MA.)-Penn. Free man. Whilst I am writing I would inform you that the anti-slavery cause is gaining ground in this sec tion of the country. Jhree years ago an aboli tionist, an amalgamationist, fanatic and insurrec tionist were interchangeable terms, and an aboli tion paper would havD been a prodigy. But now, arm-slavery papers are read regularly by our re spectable and intelligent citizens. The pcrsecu tions of the the abolitionists, the death of Love joy, the violation or the freedom of the press, the burning of your Hall, the rejection of petitions are beginning to have their legitimate effects, and have in the very nature of things done more for the promotion of the cau-e they were intended to crush than the united efforts of its friends. Thus does God make the wralh of man to praise Him But still the cause is unpopular: I probably am making sacrifices in subscribing for your paper; there are many who would not risk their interests by subscribing for anti-slavery papers, who still wish lo read them, and the public mind is yet de plorably ignorant on the subject of human rights We want light. The Colonization Society is one of the strongest barriers in the way of abolition principles, by affording a rampart behind which the secret friends of slavery (who wou.d not advo cate the soul-destroyiiig system in all its atrocity) may fortify themselves. J3ut 1 must close. 1 Did you tiod speed in your glorious undertaking. You have done much good. Already has a wound beed given lo the monster which must prove fatal, if not per mitted to heal. Be not discouraged if in the ag ony of the dying hour he should grasp his victim still closer. Remember that on the efforts of the friends of liberty depends not only the happiness of two millions and a halt of fellow beings, but also the securing of our liberties, and the salvation of our country. Yours in the cause of the slave. Frederic co., Maryland. Mr. Birney. Mr. Birney lectured at Cincinnati, Sept. 10th, in the 6th Presbyterian Church, to a crowded au dience. The Philanthropist says, it was one of his best efforts; a clear, strong, calm. and conclu sive demonstration of the nature of slavery. Ex Senator Morris followed, in an address of an hour, in his usual fearless and energetic style of exposing the encroachments of the Slave Pow er. We regret to learn, by a letter from the West, that our brother has met with another accident, that will prevent his lecturing as extensively as he intended in Ohio, preparatory to the special meet ing at Cleaveland. We understand that his health was much improved on his journey to Cincinnati ; but on going hence to Louisville the boat ground ed.'" After tryinar to set her off for three or four hours, they succeed about half-past nine o'clock in the evening. All the passengers had got out of her in order to make her lighter, and were on board of another boat, grounded also just along side of her. They were all to bo returned to their boat, which had dropt below into deep water, in the ya tvl. Mr. B. went the last trip in the yawl it was overloaded ; and in the impatience of many to get out first it was upset , filled, and went down under the guard, feeven or eight, besides Mr.B., had to swim to shore (about forty or fifty yards) for their lives. Mr. B. was much exhausted ; and the fatigue brought back the daily visitation i-U- -1 r r ... ' 01 ia Biow icver. jumancipavcrr. THE VOICE OP FREEDOM. MONTPELIER, SATURDAY, OCTOBER 5, 1889. State Semi-Annual meeting. A Somi-Annual meeting of the Vermont Anti-Slavery Society will be holder) at Montpelier, on the 17tli day of October inst. Business meeting wilt commence in the Frco Church, at 10 o'clock, A. M. and public eiercises will be held at 2 o'clock, P M. All Auxiliary Societies are urgently solicited to send delegates; nil persons who are avowed abolitionists and in favor of the great movement now rna'ung to a considerable extent throughout the civilized world, to do awav slavery, are invited to participate in the deliberations of the Society. A general attendance is requested at all the public exer cises. It is expected the session of the Society will occu py most of two days. J. A. ALLEN, See. of Executive Committee. Middkbury, Oct. 1,1839. State meeting. Shall there not be a strong rally of the friends of freedom at the State meeting on the 17th of October ? The time is at hand, but if our friends in every quarter will act in a spirit worthy of them selves, the meeting will be one of thrilling inter est. It is not important that delegates be formal ly chosen by societies, but there ought to be a gen eral rally of the anti-slavery host. Subjects of grave importance, having an important bearing on the cause, are to be discussed and decided. We appeal with earnestness to our brethren residing in this and adjacent counties. Those who live in the neighborhood of anti-slavery meetings, surely ought not to fail of attending unless prevented by a positive providential hindrance. Remember, remember the meeting on the 17th of October. Important Testimony. We have just had an interview with a highly respectable Baptist clergyman who has recently returned from tie South, after a year's sojourn in the States of Virginia and North Carolina. Ou friend has been in circumstances which enabled him to make pretty extensive observation of " Sla very as it is," and to note the prevailing senti ments of the more intelligent and influential men in those States in reference to the great question of the day. We hope to have the opportunity, ere long, of publishing some interesting statements from his own pen. From the present interview we feel warranted in laying down the following propositions as the result of our informants ob servations in the South. 1. That slaveholders, especially professors of religion, are taking a more lenient attitude on the question of abolition. The leaven of free princi pies is diffusing itself among the people. 2. As a general fact, the Colonization enterprise is sustained in Virginia and Carolina on the ground that it is favorable to slavery and opposed to enian cipation. Our informant knows of no case for ming an exception this remark. Characteristic. The anti-colonization papers are quoting Liiberia advertisements of Rum and Brandy, dated seven or eight years ago, in order to make an impression unfavorable to the temperance of the colonies ; while they know or ought to Know, lor ample evidence of it has been before the public for years that, in regard to the traffic in & use of ardent spirits, those colonies are very far in aavance ot ihe state of Vermont, (a) Is there no news about spirit-drinking and spirit-selling ol later date than 1832, that will ansiver their pur pose ?(b) By the way, the Voice of Freedom acknowledg es that " there is reason lo hope that a belter cur rency than tobacco, rum, &c.J has since come in to use," 1. p. since 1S29. And is it no achieve ment of humanity to have introduced a better cur rency on such a coast ? Does not such a change in the currency essentially and most beneficially influence the habits and character of the people ?(c) Vt. Lhronicle, (a) If the laws governing the people of,the Sandwich Islands " seven or eight years ago," had been framed by a Board professedly benevolentjor religious, and the chief magistrate had been ap pointed by the same Board, would it not have been marvellous if they had permitted the traffic in brandy, rum, powder and spear-pointed knives ? (b) There is much more " news" on this subject than the Chronicle will care to publish. The Rev. Mr. Wilson, a missionary of the American Board, in the Missionary Herald for September. 1839, gives an account of an excursion along the coast for the collection of information with a view to the enlargement of the mission. Under date of March 3, 1S39, Mr. Wilson describes his visit to the town of Krako and his interview with " the most important man" of thertown. Mr. W. says, ' We visited him and found him very hospitable. His dwelling is constructed in native style, but on a larger scale than usual. It is of an oblong square, perhaps about sixty feet long nnd twenty or thirty wide. L is partitioned off into apartments of equal size, ihe hrst, through which we passed, is used as a store room, and was supplied ui h a puncheon of 7-um, a case of ?nuskets,B. few teeth of ivory, Sec. The next apartment is an open hall, with no fur niture except a swinging hammock. The next is occupied as a sleeping room, and we were forth with introduced to it. In one corner of this stood a plain pine cupboard, which was well furnished with decanters of water, rum and wine." "The general style of building here is very simi- ar to that in the vicinity of Cape Palmas; and the character and habits of the people too are also very iimilar." Is this " news" late enough for the Chronicle ? (c) If the character and habits of the colonists have undergone any marked improvement, how happens it that the missionaries of the American Board have not made the discovery ? Mr. Wil son, in a letter dated Feb. 7, 1S39, says, " I think both Cape Lahouand St. Andrews inviting points for missionary operations." Why? "Their be. moteness from European and American Settle ments is not one of the least encouraging circum stances to make them so." Does the Chronicle exchange with the Mission ary Herald ? Montpelier Tempcr.inco House. Having had ample opportunity to test the char acter of Col. Carter's Temperance House, we can confidently adopt the following commendatory par agraph, from the last Rutland Herald : We often hear about this season of the year, tho inquiry, who keeps the lest public house at Mont pelier? Now it is not always easy to understand what meaning the inquirer himself affixes to the word best: as it will admit of various applications, according to the habits, temperament and circum stances of him who asks such a question neither are we about to say which of all the public houses at the seat of government is the best ; for on this point even honest men might not exactly agree". Butthis much we will say, lo all sober, sedate, quiet people, like ourselves, about to go to Montpefier, go to " Carter's Temperance Hons ," and if you do not lind as good a table, as good attendance, as good beds and comfortable rooms, and as much quiet as the particular circumstances usual at the commencement of " the session" will admit, and all upon as fair terms as at any other public house, we are mistaken that's all. What Southerners think of Colonization. The editor of the Georgetown Advocate (speak ing of Henry Clay) says : " The fact of his being President of the Colonization Society is enough to convince the most fastidious that he is no friend of abolition; besides which, he is a slaveholder him self. The Colonization Society is in our opinion, strengthening the interests of the slaveholder, by sending the lazy free negro out of the way of the industrious slave, thereby preventing the bad in influence of their associating togelfur.' The Empire State. The Friend of Man brings us a cheering ac count of the annual meeting of the New York State Anti-Slavery Society, held at Utica on the lSth nnd 19th ultimo, Gcrrit Smith, Esq. . in the chair. The attendance was quite equal lo that of any of the former meetings. The subject of polit ical action seems to have been the most prominent topic of discussion. The President, Gerrit Smith, introduced a proposal for amending the constitu tion of the Society in such a manner as to pledge its members not to vote for pro-slavery law-makers. The Friend of Man observes that " this elic ited an animated discussion, though ihe measure was opposed by only two or three of the members.. Only two, we believe, opposed the amendment on principle, (if principle it may be called, that de cides such questions on considerations of expedien cy.) After a long and patient discussion, the a mendment was carried with only one dissenting vote. We regard the measure a very important and timely one." The receipts during the year were $19,769 6S ; disbursements, $20,554 65. Instead of taking pledges on the indefinite plan formerly practised, blank noies were circu lated, to be filled out and signed by individuals, who are held personally responsible for the pay ment, without subjecting the sot i.-ty to the expense of sending agents to collect the amount in their respective neighborhoods, but with the understan ding that the signers are to make those collections themselves from their neighbors. The amount thus subscribed, including a small amount of mon ey, was about $1700. In addition to this, the President. Gerrit Smith.gave hischeck for $478 53, and also became responsible for the support of the editor of the society's publications, during the com ing year. bo that the amount of definite sub scription and contribution may be stated at up wards of $3000. This we are persuaded, is worth as much as three times the amount pledged in the tormer manner. The Anti-Slavery Lecturer, subscribed for at the annual meeting, a year ago, and paid for in advance, will terminate with the December num ber. Upwards of 25,000 "copies are thus in pro cess of distribution, and a few thousand copies re main on hand, for future use, 30,000 having been printed. It is thought best to terminate the pres ent series with the December number, so that af ter that time our friends will be unsupplied with any cheap publication of the kind from this socie ty. Under these circumstances, and considering the very limited circulation of our weekly paper, the Friend of Man, in comparison with the large number of abolitionists in the state, a proposal was ntroduced by the Executive Committee to reduce the size of the paper to half its present dimensions, and publish it once n fortnight, at 50 cents per annum. After much debate in the annual meet ing, it was finally concluded that the paper must be published weekly, at the reduced sise, at $1,00 per annum. A few aubscribers were obtained on the spot, and each delegate was appointed nn a gent to procure subscribers in his own neighbor hood, and receive & forward payments m advance. A spirited effort on the part of our friends will thus spcure a much greater circulation for the pa per at the reduced price, than it has yet received. The change will be made as soon as our Exec utive Committee can make the necessary arrange ments, The volume of the Anti-Slavery Lecturer, no ticed above, has been published monthly in the- newspaper form. Wrhen completed, it will com prise the very best series of anti-slavery lectures extant. W.e hope to see the whole embodied in, a bound volume in due time. We close our notice by copying some of the most important resolutions adopted by the Soci ety ;