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Antelope. The Spanish and Portuguese Consuls, Claimants, The U.S. 546 (1827)

handle is hein.slavery/ussccases0154 and id is 1 raw text is: CASES IN THE SUPREME COUWT

1327.
The                           [PPACTIC.]
Antelope.
The ANTELOPE. The Spanish and Portuguese Consuls,
Claimants.
Further explanation of* the decree of this Court, in S. C., ante Vol.
X. p. 66, and vol. XI. p. 413.
The Africans captured, except those restored to the Spanish claim-
ants, tobe delivered to the United States, absolutely and uncondi-
tionally, without the precedent payment of expenses.
No judgment or decree can be rendered directly agiunst the United
States for costs and expenses.
The fees and compensation to the marshal, where the government s
a party to the suit, and his fees or compensation are chargeable to
the United States, are to be paid out of the treasury., upon a certifi-
cate of the amount, to be made by the Court, or one of the judges.
Decree of the Circuit Court. nt respect to the apportionment among
the several parties to the suit ,if the costs and expenses, affirmed.
Identity of the Africans restored to the Spanish claimant established
by sufficient evidence.
THIS is the same cause which is reported ante, vol. X. p.
66. and vol. Xl. p. 413. and was again brought before the
Court upon a further appeal, and certificate of a division of
opinions as to the proceedings of the Court below in exe-
cution of the former decrees of this Court.
March 6th.  It was argued by the Attorney General and Mr. Key for
the appellants, and by Mr. Bernen, Mr. C. J. Ingersoll, and
Mr. Wilde, for the respondents.
Mard  15th. Mr. Justice TansLE delivered the opinion of the Court.
This case having been before this Court, and a decree
rendered therein at February term, 1825, and again brought
up, and an explanatory decree made therein at February
term, 1826. the reports of the case in 10 Wheat. Rep. 66.
and 11 Wheat. Rep. 413., are referred to for 'the general
history of its facts and circumstances, and for the principles
settled in it by the former decrees ofthis Court. The case
was remanded to the Circuit Court, with directions to make

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