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"Deposition of Dr. Richard R. Madden, November 20, 1839, U.S. District
Court, Connecticut"
I Richard Robert Madden a British subject having resided for the last three years
and upwards at Havanna where I have held official status under the British Government
depose and say that I have held the office of superintendent of liberated Africans
during that term and still hold it and have held for the term of one year the office
there of British Commissioner in the mixed Court of Justice. The duties of my office
and of my avocation have led me to become well acquainted with Africans recently
imported from Africa, I have seen and had in my charge many hundreds of them, I have
also seen the Africans in the custody of he Marshal of the district of Connecticut
except the small children. I have examined them and observed their language, appearance,
and manners, and have no doubt of their having [being] been [living]
(^very) recently brought from Africa, to one of them I spoke and repeated and Mahamedan
form of prayer in the Arabic language the man immediately recognized the language
and repeated a few words of it after me and appeared to understand it, particularly
the words Allah Akbar (^or God is great) The man who was beside the negro I also
addressed in Arabic saying Salaam Ailkoun or peace be to you he immediately
in the customary Oriental salutation replied Aleckom Salaam or peace be on you. From
my knowledge of Oriental habits and of the appearance of the newly imported slaves
in Cuba I have no doubt of those negroes of the Amistad being bona fide Bozal Negroes
quite newly imported from Africa. I have a full knowledge of the subject of slavery
slave [sic] trade in Cuba, and I know that no law exists or has existed since the
year 1820 that sanctions the introduction of negroes into the islands of Cuba from
Africa for the purpose of making slaves or being held in slavery, And that all such
Bozal Negroes as those recently imported are called are legally free and no law Common
or Statute exists there by which they can be held in slavery. Such Africans long
settled in Cuba and acclamated are called Ladinos and must have been introduced before
1820 and are so called in contradiction to the term Creole which is applied to the
Negroes born on the Island.
I have seen and now have before me a document dated 26th June 1839 purporting
to be signed by Ezpeleta who is Capt. General of the Island to [indemnyfy]
indentify [sic] which I have put my name to the left hand corner of the document
in presence of the counsel of the Africans, this document or "traspasso"
purporting to be a permit granted to Don N Ruiz to export from Havanna to Porto [sic]
Principe 49 Negroes designated by Spanish names and called therein "Ladinos
a term totally inapplicable to newly imported Africans. I have seen and now have
before another document dated 22 June 1839 and signed in the same manner granted
to Don Pedro Montez for the removal of 3 Negro children from Havanna to Porto Principe
also designated by Spanish names and likewise called "Ladinos" and wholly
inapplicable to young African children who could not have been acclimated [sic] and
long settled in the Island, which document I have indentified in the same manner
as the former --
To have obtained these documents from the Governor for bona fide Bozal Negroes
and have described them in the application for it as Ladinos was evidently a fraud
but nothing more than such an application and the payment of the necessary fees would
be required to procure it as there is never any inquiry or inspection of the Negroes
on the part of the Gov. or his officers nor is there any oath required from the applicant.
I further state that the above documents are manifestly inapplicable to the Africans
of the Amistad I have seen here and in New Haven. But such documents are commonly
obtained by similar applications at the [sic] Havanna and by their means the negroes
recently and illegally introduced are thus removed to the different ports of the
Island and the danger obveated of their falling in with English cruisers and (^then)
they are illegally carried into Slavery. One of the largest dealers and importers
of the Island of Cuba in African slaves is the notorious house of Martinez and Co
of Havanna and for years past as at present they have been deeply engaged in this
traffic and the bozal Africans imported by these and all other [Island]Slave
traders when brought to the Havanna are immediately taken to the barracoons or Slave
[market] marts, 5 of which are situated in the immediate vicinity
of the Governors Country house about one mile and a half from the walls of the Havanna
and from these barracones [sic] they are taken and removed to the different parts
of the Island when sold and having examined the endorsements on the back of the Traspasso,
or permits for the removal of the said Negroes of the Amistad the signature to that
endorsement appears to be that of Martinez and Co and the document purports to be
a permit or pass for the removal of the said negores. The hand writing of Martinez
and Co I am not acquainted with. These barracones outside the City walls are filled
up exclusively for the reception and sale of Bozal negroes. One of these barracones
or slaver [markets] marts called La Miseracordia or Mercy"
kept by a man named "Riera". I visited the 24th September last in company
with a person well acquainted with this establishment and there the factor or Mayordomo
of the master in the absence of the latter, said to me that the negroes of the Amistad
had been purchased there, that he knew them well that they had been bought by a man
from Porto [sic] Principe and had been embarked for that place and speaking of the
said Negroes he said "Che lastima" [sic] or what pity it is which rather
surprised me, the man further explained himself and said his regret was for the loss
of so many valuable Bozals in the event of their executed [sic] in the United States.
One of the houses most openly engaged and notoriously implicated in slave trade transaction
is that of Martinez and Co and their practice is to remove their newly arrived negroes
from the slave ships to these barracones where they commonly remain two or three
weeks before sold as these negroes of the Amistad illegally introduced by Martinez
were in the present instance as is generally reported and believed in the Havanna.
Of the Africans which I have seen and examined from the necessity which my office imposes on me at the Havanna of assisting at the registry of the newly imported Bozals emancipated by the mixed Court I can speak with tolerable certainty of the ages of these people, with the exception of the children whom I have not seen. Sa about 17. Ba 21, Suckawa 19. Sussi 30, Beli 18, Shuma 26, Nama 20, Sinques 21, the others I had not time to take a note of their ages.
With respect to the mixed commission its jurisdiction extends only to cases of captured negroes brought in by British or Spanish cruisers and notwithstanding the illegalities of the Traffic in slaves from 20 to 25,000 slaves have been introduced into the Islands during the last three years and such is the state of society and of the administration of the laws there that hopeless slavery is the inevitable result of their removal into the interior.
Question by W.S. Holabird Esq. District Attorney
Are you acquainted with the language of any of the African tribes or nations?
Answer. I am not acquainted with the dialects of the African tribes, but I am slightly acquainted with the Arabic language -- and in those parts of Africa where Mahomadisam prevails. The princpal [sic] forms of prayer are repeated in the Arabic
By same. Are not the lawful slaves of the Island when offered for sale by their masters generally or often placed in the Barracoones [sic] or man marts?
Answer. They are not.
By the same. Are not the lawful slaves in no part of the Island placed in the Barracones when offered for sale?
Answer. The practice in the Havanna is use the barracoones for Bozal negroes only. I cannot say what the practice may be eslewhere [sic] -- But in the country where negroes or a plantation are to be sold they are sold on the plantation and there is no occasion to send them to a Barracoon which is used only for those recently imported and for their reception and sale.
Question by the same. Is not the native language of the Africans often continued for a long time on certain plantations?
Answer. I should say that the very reverse is the fact. It has been to me a matter of astonishment at the shortness of time in which the language of the Negroes is diffused and the Spanish language adopted and acquired. I speak this from a very intimate knowledge of the condition of the Negroes in Cuba from frequent visits to plantations and journeys in the interior and on that subject I think I can say my knowledge is as full as any persons can be.
By same, Please to state how many Barracoones there are at the Havanna & how many there are in other parts of the Island?
Answer. There are 5 or 6 within pistol shot of the country residence of the Captain
General of Cuba -- On every other part of the [Island] coast were
[sic] the slave trade is carried on a Barracoon or Barracoons must likewise exist
-- they are a part of the things necessary to the slave trade and are for its use
only -- for instance near Matanzas, there is a building or shed of this kind and
used for this purpose.
By same, After the negroes are landed in Cuba are they not bona fide transferred from one owner to another without any interference by the local authorities or the mixed commission?
Answer. Any negroes landed in the island since 1820 and carried into slavery have
been illegally introduced and the transfer of them under false names such as calling
Bozals Ladinos is necessarily a fraud. Unfortunately there is no interference on
the part of the local authorities -- they connive at it and collude with the slave
traders, the Governor alone at the Havanna recovering a bounty or impost on each
negro thus illegally introduced of 10 dollars a head. As to the mixed comission once
the negroes clandestinely introduced are landed, they no longer have cognozance [sic]
of the violation of the treaty -- the Governor has cognozance [sic] of this and every
other bearing of the Spanish law [and] (^on) Spanish soil. This
head money has not the sanction of any Spanish law for its imposition and the proof
of this is it is called a voluntary contribution.
Richard Robert Madden
Hartford Nov. 20th 1839.
District of Connecticut [Ss].
District Court at Hartford Nov. 20. 1839
Personally appeared in open Court Richard Robert Madden the signer of the foregoing deposition and made oath to the truht of the same -- Which deposition is taken by order of Court (^since deponent being about to leave the Country) to be used on [sic] the trial of the libel of Thomas R. Gedney & others (^and the several libels & claims filed to same libel,) both in this Court and in the appelate [sic] Courts.
Attest
Chas A. Ingersoll Clerk
