The Antelope

The Antelope, 23 U.S. 66 (1825).

Facts: The ship Antelope was sized off the coast of Florida and 280 African slaves were found on board, most of whom had been taken off slave ships by pirates. Congress had prohibited the importation of slaves and had required forfeiture of ships used in the slave trade and return of the abductees to Africa. The Spanish and Portuguese vice-consuls (Plaintiffs) claimed the Africans belonged to their citizens. The circuit court held for the foreign claimants, and the U.S. appealed.

Issue: May federal slavery laws require the forfeiture of foreign-owned slaves sized upon importation into the US?

Holding: No.

Judgment: Judgment affirmed in part and reversed in part.

Notes:

• Slavery has been sanctioned by all the nations who possess distant colonies. It is a right widely recognized that the victor may enslave the vanquished. Thus, the slave trade is not contrary to the law of nations.
• The US and Britain have acted to suppress slavery, and public feelings elsewhere are turning against the slave trade. But public feeling marches in advance of strict law.
• Nations are equals; one may not operate on itself. One nation may not make a law of nations. Slavery remains lawful to those governments whose governments have not forbidden it.
• On the merits, the Portuguese claim is invalid because the real owner of the Africans was not Portuguese. Most of the Spanish claims are valid, however.

External Links[edit | edit source]

• Full text on Justia.com