The Antelope
The Antelope was a Spanish vessel known for carrying a significant cargo of African slaves that was seized by pirates. This incident escalated when a U.S. naval ship captured The Antelope and transported it to Savannah, Georgia. The case surrounding The Antelope became a focal point for legal debates regarding the slave trade in the early 19th century, particularly after the United States outlawed participation in this trade in 1808. Legal disputes arose as Spanish and Portuguese slave traders sought the return of their property, leading to complex arguments about international law and the rights of ownership.
Chief Justice John Marshall addressed the case, acknowledging the "abhorrent" nature of slavery as contrary to natural law. However, he ruled that the established positive law of nations did not reflect this condemnation, meaning the U.S. could not impose its laws on other countries. Consequently, some enslaved individuals were returned to their Spanish claimants, while others were sent to Liberia, a colony established by the American Colonization Society. This case highlights the intricate legal and moral dilemmas surrounding slavery and international relations during that era.
The Antelope
Date: March 16, 1825
Citation: 10 Wheat. (23 U.S.) 66
Issues: Natural law; international law
Significance: While acknowledging that the slave trade was contrary to principles of natural justice, the Supreme Court nevertheless recognized the authority of sovereign nations to enact laws allowing the practice.
Pirates seized a Spanish vessel, The Antelope, carrying a large cargo of African slaves. A U.S. naval ship subsequently captured the ship with its cargo and took it to Savannah, Georgia. Spanish and Portuguese slave traders sued to have their property restored. Because Congress had outlawed U.S. participation in the slave trade in 1808, many jurists argued that the captured slaves should be repatriated to Africa.
Chief Justice John Marshall’s opinion for the Supreme Court had three parts. First, the “abhorrent” trade in slaves was indeed “contrary to the law of nature”; however, the trade, long accepted throughout the world, was not condemned by the positive law of nations. Second, the United States had no power to impose its laws on other countries; therefore, a ship captured in a time of peace must be restored with its cargo. Third, based on the evidence for the claims of ownership, some of the slaves were returned to the Spanish claimants, and the remainder were repatriated to the American Colonization Society’s colony in Liberia.