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Antelope. The Vice-Counsuls of Spain and Portugal, Libellants, The U.S. 66 (1825)

handle is hein.slavery/ussccases0160 and id is 1 raw text is: (65                   CASES IN THE SUPREME COURT
1825. is not, repugnant to the constitution of the Uni-
The Antelope. ted States. All which is directed to be certified
to the Circuit Court of the United States foer the
seventh circuit and District of Kentucky.a
[PRIz. INSTANCE CoURT. SLAVE TRADE.]
The    ANrTELOPE.      The Vice-Consuls of Spain
and Portugal, Libellants.
The African slave trade is contraly to the luw of nature, but is not
prohibited by the positive law of rations.
Although the slave trade is now prohibited by the laws of most civili-
zed ndtions, it may still be lawfully carried on by the subjects cf
those nations who have not prohibited it by municipal acts or trea-
ties.
The slave trade is not piracy, unless made so by the treaties or statutes
of the-ation to whom the party belongs..
rheright of visitation, and search does not exist in time of peace. .
ve sel engaged in the slave trade, even if prohibited by the laws of
the country to which it belongs, cannot, for that cause alone, be
seized on the high seas, and brought in for adjudication, in time
of peace, in the Courts of another country. But if the laws of
that other country be violated, or the proceeding be authorized by
treaty, the act of capture is not in that case unlawful.
a In the case of the Bank of the United States v. January,
also certified from the Circuit Court of Kentucky, the process was
-a capia$, to-Twhich the acts of 1789, and 1792, extend in express
terms. This Court, thereforei-4letermiried, that Congress must be
understood to have adopted that process as one that was to issue
permanently'froim the Courts df the Uiited States, whenever it
was in use, at, the epoch contemplated by those acts, as a State
proceisg. A certificate was directed accoidingly.

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