After the decree was pronounced, the United States, "claiming in pursuance of a demand made upon them by the duly accredited minister of her Catholic Majesty, the Queen of Spain, to the United States, moved an appeal from the whole and every part of the said decree, except part of the same in relation to the slave Antonio, to the Circuit Court" of Connecticut.
Antonio Tellincas, and Aspe and Laca, claimants, &c., also appealed from the decree to the Circuit Court, except for so much of the decree as sustains their claims to the goods, &c.
The Africans, by their African names, moved in the Circuit Court, in April, 1840, that so much of the appeal of the District Attorney of the United States, from so much of the decree of the District Court as related to them severally, may be dismissed; "becuase, they say that the United States do not claim, nor have they ever claimed any interest in the appellees, respectively, or either of them, and have no right, either by the law of nations, or by the Constitution or laws of the United States to appear in the Courts of the United States, to institute or prosecute claims to property, in behalf of the subjects of the Queen of Spain, under the circumstances appearing on the record in this case; much less to enforce the claims of the subject of a foreign government, to the persons of the said appellees, respectively, as the slaves of the said foreign subjects, under the circumstances aforesaid."
The Circuit Court refused the motion.
The Circuit Court affirmed the decree of the District Court, pro forma, except so far as respects the claims of Tellincas, and Aspe and Laca.
After this decree of the Circuit Court, the United States, claiming in pursuance of a demand made upon them by the duly accredited minister of her Catholic Majesty, the Queen of Spain to the United states, moved an appeal from the whole and every part of the decree of the Court, affirming the decree of the District Court to the Supreme Court of the United States, to be holden at the city of Washington, on the second Monday of January, A.D. eighteen hundred and forty-one; and it was allowed.
The Court as far as respects the decree of the District Court allowing salvage on the goods on board the Amistad, continued the case to await the decision of the Supreme Court, on that part of the decree appealed from.
The Circuit Court in the decree, proceed to say, that "they had inspected certain depositions and papers remaining as of record in said Circuit Court, and to be used as evidence, before the Supreme Court of the United States, on the trial of said appeal."