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Sundry African Slaves, the Governor of Georgia, Claimant, Appellant, vs. Juan Madrazo - The Governor of Georgia, Appellant, vs. Sundry African Slaves, Juan Madrazo Claimant U.S. 110 (1828)

handle is hein.slavery/ussccases0142 and id is 1 raw text is: SUPREME COURT. SUNDRY AFRIeAC; SLAVES, Tim GOVERNOR OF GEORGIA, CLAI3r- AmNT1 APPELLANT, VS. JUAN MADRAZO. THE GoVERNOR OF GEORGIA, APPELLANT, VS. SUNDRY AFRICAN SLAVES, JUAN MADRAZO CLAIALINT. In the Disttrict Court of thc United States, for the district of Georgia, a libel was filed, claiming certain Africans, as the property of the libeliant, which had been brought into the state of Georgia, and were seized by the au- thoritv of the governor of the state, for an alleged illegal importation; process was issued against the slaves, but was not served. The case was taken by appeal to the Circuit Court, and the gu ¢rnor of Georgia filed a paper, in the nature of a stipulation, importing to hold the Africans subject to the decree ofthe Circuit Court, &c. Heldthat such a stipulation could not give jurisdiction in the case to the Circuit Court; as process could not issue legally from the Circuit Court against the Africans; be- cause it would be the exercise of original jurisdiction in admiralty, which the Circuit Court does not possess. {121} It may be laid down as a rule, which admits of no exception, that in all cases where jurisdiction depends on the party, it is the party named in the record. 1122} The libel and claim exhibited a dmanid for money actually in the treasury of the state of Georgia, mixed up with the general funds of the state, and for slaves in the possession of the government; the possession of both of which was acquired by means which it was lawful in the state to exer- cise-Held that the Courts of the United States had no jujvisdiction ; the same being taken away by the 11th article of the amendment to the Constitution of the United States. {1231 In a case where the chief magistrate of a state is sffed, not by his name, but by his style ofoffice, and the claim made upon him is entirely in his offi- cial character, the state itself may be considered a party in the record. 11241 THESE dases were brought before this Court, from the Cir- cuit Court of the United States for the district of Georgia, under the following circumstances. The schooner Isabelita, a Spanish vessel, owned by Juan Ma- drazo, a native Spafiish subject, domiciliated at Havana, was despatched by him with a cargo, his own property, in the year 181Z, on a voyage to the coast of Africa, where she took in a cargo of slavies. On her return voyage she was captured by a cruiser called the Successor, under the piratical flag (f Com- modore Aury; the said cruiser being then commanded l-y one NMoore, 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. Fhe Isabelita and the slaves on board, were carried to Fernandina,. in Amelia Island, and there condemned by a pretended Courc

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