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The Antelope. The Spanish And Portuguese Consuls, Claimants

1827 • 25 U.S. 546 • Marshall Court
The Antelope was a case heard before the United States Supreme Court in 1827. The dispute involved two Spanish and Portuguese consuls who were claiming ownership of a slave ship, which had been seized by the US government for illegally transporting slaves from Africa to Cuba. The court determined that since slavery was illegal under both American and international law, no one could legally own any of the slaves on board. Furthermore, they held that even if someone did have legal title to them,...Open Case
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Chief Marshall Court
Term: 1827
25 U.S. 546
6 L. Ed. 723
1827 U.S. LEXIS 408
Argued: Mar 06, 1827

The Antelope. The Spanish And Portuguese Consuls, Claimants

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Opinion Summary
AI Abstract

The Antelope was a case heard before the United States Supreme Court in 1827. The dispute involved two Spanish and Portuguese consuls who were claiming ownership of a slave ship, which had been seized by the US government for illegally transporting slaves from Africa to Cuba. The court determined that since slavery was illegal under both American and international law, no one could legally own any of the slaves on board. Furthermore, they held that even if someone did have legal title to them, it would not be recognized by US courts as valid due to its illegality. This decision set an important precedent for future cases involving slavery and human trafficking in America.

Dissent Summary
AI Abstract

In The Antelope, the Supreme Court was tasked with determining whether a slave ship that had been seized by the United States Navy in 1820 could be forfeited to its captors. The majority opinion held that it should be forfeited because of its involvement in illegal slave trading. However, Justice Story dissented from this ruling and argued that since the vessel had already been condemned as a prize by Spain before it was captured by the US Navy, forfeiture would violate international law and principles of comity between nations. He further noted that even if there were no legal impediments to forfeiture, equity demanded against such an action due to the fact that many innocent persons who owned shares in or otherwise had interests in the vessel would suffer great losses without any compensation for their damages.

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