L’amistad Case (1839–1840)

BY REVEREND JOSHUA LEAVITT

IN the month of July, 1839, the Spanish schooner Amistad, Ramen Ferrer, master, sailed from Havana for Porto Principe, a place in the island of Cuba, about 100 leagues distant, having on board as passengers, Don Pedro Montes, and Jose Ruiz, with 54 fresh African negroes, just brought from Lemboko as slaves. After being out four days, the negroes rose in the night, killed the captain and cook, and took possession of the vessel. The two sailors took the boat and went on shore, and Monies was required, on pain of death, to navigate the vessel to Africa. He steered eastwardly in the day time, but put about at night, and thus kept near the American coast, until the 26th of August, when they were taken by Lieut. Gedney, United States Navy, and carried into New-London. Judge Judson, of the United States Court, was sent for, and after a short examination of the two Spaniards, and a Creole cabin boy, without a word of communication with the negroes, the latter were bound over for trial as pirates, although their utter ignorance of any European language, and the admission of Ruiz himself showed that they were fresh Africans, and of course could not be slaves by the laws of Spain. At this time, it was the united voice of the public press and of public men, that as a matter of course, they would either be tried and executed here, or delivered up to the Spaniards.

The abolitionists saw that these men had only exercised the natural right of self-defence, justified by all laws, and that justice to these strangers and a regard for the honor of law itself, required a vigorous effort to turn the tide of public opinion and judicial prejudice. Messrs. S. S. Jocelyn, J. Leavitt and Lewis Tappan, were appointed a committee to take charge of the case, who immediately engaged as counsel, Seth P. Staples and Theodore Sedgwick, Esqrs., of New-York, and R. S. Baldwin, of New-Haven. Our hands were strengthened by a letter from Mr. Adams, which was published in the newspapers, asserting the right of the negroes to act as they did, and declaring that the vessel and its contents were theirs by the law of nations. . . .

On the 5th of September, the United States Attorney for the District of Connecticut, W. S. Holabird, Esq., wrote to Mr. Forsyth, the Secretary of State, apprising him that "the Marshal of this District has in his custody the Spanish schooner Amistad, with her cargoand 41 blacks, supposed to be slaves." The blacks "are now in jail at New-Haven," and "the schooner and cargo have been libelled by Lieut. Gedney" for salvage. Here again is the distinction between the "cargo" and the "blacks." He says also, "the next term of our Circuit Court sits on the 17th instant, at which time I suppose it will be my duty to bring them to trial, unless they are in some other way disposed of." To this Mr. Forsyth replies, Sept. 11, that the Spanish Minister has claimed the "vessel, cargo, and blacks on board, as Spanish property," and directing Mr. Attorney to "take care that no proceeding of your Circuit Court, or of any other judicial tribunal, places the vessel, cargo, or slaves beyond the control of the Federal Executive." M. Calderon had not demanded the "blacks" as "property" at all, but as criminals; and his successor, M. Argaiz, Nov. 26, says his complaint is that "the public vengeance has not been satisfied, for be it recollected that the legation of Spain does not demand the delivery of slaves, but of assassins." In the face of this declaration of the legation, Mr. Forsyth instructs Mr. Holabird that the blacks are claimed as "property," and the whole proceeding of our Government is based upon this false assumption. . . .

Mr. Holabird writes again, Sept. 21, to Mr. Forsyth, that "with a view of carrying out your instructions," that is, to prevent "any other judicial tribunal" from placing the negroes "beyond the control of the Federal Executive," he had "filed a libel in the District Court, against the negroes, in behalf of the United States, averring" that they had been claimed by the Spanish Government as property, and also that they had been "imported in violation of the law of 1819," prohibiting the slave trade, and praying the court to "decree that the Marshal hold them subject to the order of the Federal Executive on the one claim or the other." The Circuit Court instructed the Grand Jury that they had no jurisdiction over the alleged crime. The Committee then caused a writ of habeas corpus to be issued from the Circuit Court, to know by what authority the negroes were detained by the Marshal, but Judge Thompson, after full argument, decided that, since these persons had been libelled as property, the question of their right to liberty could not be examined on habeas carpus — thus subjecting the Common Law and habeas corpus to the paramount authority of the Civil Law in Admiralty process, on a claim of human beings as property — a virtual prostration of the great bulwark of personal liberty, the habeas corpus. . . .

. . . Dec. 30, M. Argaiz writes to Mr. Forsyth, referring to "a conversation which I had with you on the morning of the clay before yesterday," in which "you mentioned the possibility that the Court of Connecticut might, at its meeting on the 7th of January next, declare itself incompetent, or order the restitution of the schooner Amistad, with her cargo, and the negroes found on board of her;" and saying that as "these negroes have declared before the Court of Connecticut that they are not slaves, and that the best means of testing the truth of their allegation is to bring them before the courts of Havana," and he is "at the same time desirous to free the Government of the United States from the trouble of keeping said negroes in prison;" he asks as a final and "most particular favor," that our Government would place the negroes "at the disposal of the Captain General of the Island of Cuba, by transporting them thither in a ship belonging to the United States."

On the 6th of Jan. 1840, Mr. Forsyth replies, that he is instructed by the President to state that "in the event of the decision of the Circuit Court of Connecticut being such as is anticipated," he will "cause the necessary orders to be given for a vessel of the United States to be held in readiness to receive the negroes and convey them to Cuba;" and that "the President has the more readily acceded" to the request, that the negroes "may have an opportunity of proving the truth of their allegation" that they are not slaves, "before the proper tribunals of the island." A most benevolent motive for sending persons out of the country!

. . . The requisition upon the Navy Department is dated Jan. 2, and requires the vessel "to be ordered to anchor off the port of New-Haven," not in the harbor, "as early as the 10th of January," and there await her final instructions. . . . The friends of the Africans were not insensible to the danger of some secret and sudden movement, and therefore took the best measures in their power, by sleepless vigilance, and by providing fleet horses at hand, to baffle any such design. That these fears were not groundless, will be seen by a letter . . . of Mr. Forsyth . . . instructing . . . "by direction of the President, that, if the decision of the court is such as is anticipated, the order of the President is to be carried into execution, unless an appeal shall actually have been interposed. You are not to take it for granted that it will be interposed." This is a plain intimation that it was intended to hurry the negroes out of the jurisdiction of the court on the instant the expected decision of the court should be given. The following is the "Executive Order," which Mr. Van Buren should have always before his eyes, and posterity should cause it to be graven on his tomb, to rot only with his memory.

"The Marshal of the United States for the District of Connecticut, will deliver over to Lieut. John J. Paine, of the United States Navy, and aid in conveying on board the schooner Grampus, under his command, all the negroes, late of the Spanish schooner Amistad, in his custody, under process now pending before the Circuit Court of the United States for the District of Connecticut. For so doing this order will be his warrant.

"Given under my hand, at the city of Washington, this 7th day of January, A.D. 1840.

"M. VAN BUREN.

"By the President:

"JOHN FORSYTH, Secretary of State."

The unexpected decision of Judge Judson in favor of the negroes, declaring them to be manifestly fresh from Africa, and so entitled to their liberty even under the laws of Spain, defeated all these plans, and drove the Government to the necessity of appealing to the Supreme Court of the United States for a final decision, and of supporting this large company in custody at a vast expense, not yet publicly ascertained, all which was cheerfully undertaken, rather than yield to the demands of justice and mercy to the strangers. The Committee took the best methods in their power to give these benighted heathen such instruction as they were capable of receiving; and the most thorough preparations were made for the final trial, which took place at Washington, at the term of the Supreme Court for January 1841. By the blessing of Heaven upon the efforts of the counsel, Mr. Baldwin, and the venerable John Quincy Adams, aided by the light thrown upon the public mind, the Supreme Court confirmed the decision of the lower tribunal, so fax as to declare the negroes perfectly FREE. "Thy prey hath escaped thee!"

In the following autumn, so many as survived were sent, by public charity, to Sierra Leone, on the coast of Africa, and within a moderate distance of their own homes. Laus Deo.

William Jay, (Utica, 1844), Appendix [by Joshua Leavitt], 95–102 passim.