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United States, Plaintiffs in Error v. the Ship Garonne, William Skiddy and others, Claimants, The - United States, Plaintiffs in Error v. the Ship Fortune, Vasse Manuel, Claimant, The 73 (1837)

handle is hein.slavery/ussccases0106 and id is 1 raw text is: JIANUARY TERM, 1837. THE UNITED STATES, PLAINTIFFS IN ERROR V. THE SHIP GARONNE, WILLIAM SKIDDY AND OTHERS, CLAI-MANTS. THE U&ITED STATES, PLAINTIFFS IN ERROR V. THE SHIP FORTUNE, VASSE MANUEL, CLAIMANT. Certain persons, who were slaves in the state of Louisiana, were by their owners taken to France as servants; and after some time, were by their own consent sent back to New Orleans; some of them under declarations from their proprietors that they should bp free; and one of them, after her arrival, was held as a slave. The ships in which these persons were passengers, were, after arrival in New Orleans, libelled for alleged breaches of the act of congress of April 2.0th, 1818, prohibiting the importation of slaves into the United States. Held, that the provisions of the act of congress do not apply to such cases. The object of the law was to put an end to the slave trade, and to prevent the introduction of slaves from foreign countries. The language of the statute cannot properly be applied to persons of colour who were domiciled in the United States; and who are broughtback to their place of residence, after their temporary abse.nce. APPEALS from the eastern district of Louisiana. The French ship Garonne, from Havre, and the ship Fortune, also from Havre, were libelled by several proceedings by the United States, at New Orleans, in the district court of the United States, January, 1836, under the provisions of the first section of the act of congress, passed April 20, 1818, entitled an act, in addition to an act, to prohibit the introduction of slaves into any port or place, within the jurisdiction of the United Siates, from and after the first day of January, 1808, and to repeal certain parts of the same. The ship Garonne had arrived in New Orleans about the 21st of November, 1835; having on board a female, Priscilla, who had been born a slave in Louisiana, the property of the widow Smith, a native of that state, and resident in New Orleans. Mrs. Smith and her daugh- ter being in ill health, went from New Orleans with her family, in 1835, to Havre, taking with her, as a servant, Priscilla; having pre- viously obtained fro*m the mayor of the city a passport for the slave, to prove that sh had been carried out of the state, and that she should again be admitted into the same. Priscilla being desirous of returning to New Orleans, from Paris, was sent back on board the VOL. X.-K

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