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The Antelope. The Vice Consuls Of Spain And Portugal, Libellants

1826 • 24 U.S. 413 • Marshall Court
The Antelope was a case heard by the United States Supreme Court in 1826. It involved two foreign vice consuls, one from Spain and one from Portugal, who were suing for possession of a slave ship called The Antelope. The court had to determine whether or not the slaves on board were legally owned by either party. After hearing arguments from both sides, the court ultimately ruled that neither party had legal ownership over any of the slaves aboard The Antelope because they had been illegally...Open Case
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Chief Marshall Court
Term: 1826
24 U.S. 413
6 L. Ed. 508
1826 U.S. LEXIS 321

The Antelope. The Vice Consuls Of Spain And Portugal, Libellants

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Opinion Summary
AI Abstract

The Antelope was a case heard by the United States Supreme Court in 1826. It involved two foreign vice consuls, one from Spain and one from Portugal, who were suing for possession of a slave ship called The Antelope. The court had to determine whether or not the slaves on board were legally owned by either party. After hearing arguments from both sides, the court ultimately ruled that neither party had legal ownership over any of the slaves aboard The Antelope because they had been illegally taken out of Africa without proper documentation. Furthermore, it declared that all persons held as slaves should be freed immediately and could no longer be considered property under U.S law. This ruling set an important precedent for future cases involving slavery in America and helped pave the way towards its eventual abolition throughout much of North America during subsequent decades

Dissent Summary
AI Abstract

In The Antelope, the Supreme Court was tasked with deciding whether a slave ship that had been captured by an American privateer and brought to the United States could be considered legally seized. Chief Justice Marshall wrote for the majority opinion in favor of Spain and Portugal, finding that it was not necessary to prove ownership of slaves on board as they were considered property under international law. However, Justice Thompson dissented from this decision arguing that since slavery is illegal in America, any slaves found on board should have been freed upon their arrival into US waters. He further argued that even if these individuals were deemed property under international law, there still needed to be proof of ownership before they could be returned or sold off as merchandise.

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