View Document Frames
Continued in Part
II, Part
III, and Part
IV of the United States District Court "Final Records"
"'Final Records' (part 1) January 23, 1840, U.S. District Court, Connecticut, taken from U.S. Supreme Court Records, January, 1841."
District of Connecticut [Ss]
At a District Court of the United States of America holden at Hartford within and for the District of Connecticut on the 23rd day of January A.D. 1840. -- Present.
Hon. Andrew T Judson District Judge
Thomas R. Gedney &c
vs
The Schooner Amistad &c.
Be it remembered that heretofore Thomas R. Gedney and Richard W. Mead filed in this Court a libel in the words following to wit
To the Honorable Andrew T. Judson Esq. Judge of the District Court of the United States in and for the District of Connecticut.
The Libel of Thomas R Gedney Lieutanant [sic] in the United States Navy commanding
the United States surveying brig Washington employed in the service of the United
States in the coast survey and Richard W. Mead a Lieutenant on board said Brig on
behalf of themselves and the Officers and crew of said Brig Washington and all others
interested or entitled humbly showeth. That on the 26th Day of August A.D. 1839 the
said Libellants being in and with said Brig surveying between Montauck Pint and Gardners
Island in the State of New York discovered a strange and suspicious looking Vessel
upon the high seas to wit off Culloden Point near said Montauck Point, that they
took possession of said Vessel which provid [sic] to be a Spanish Schooner called
the the Armistad [sic] of Havannah [sic] in the Island of Cuba of about 120 Tons
Burthen, and the same Libellants found said Schooner was manned by forty five negroes
some of whom had landed near said Point for water & there were also on board
two Spanish Gentleman who represented and as the Libellants verily believe were part
owners of the Cargo & of the Negroes on board who were slaves belonging to the
Spanish Gentleman. That said Schooner Armisatd sailed on the 28 day of June A.D.
1839 from the port of Havannah abound to a Port in the Province of Principe both
in said Island of Cuba under the command of Raymon Ferrer as master thereof , that
sd. Schooner had on board and was laden with a Large and valuable cargo consisting
of and amounting to as the Libellants verily believe to be 1 Box with 4 fowling pieces,
1 1 Crate. 11 Boxes crockery & Glass ware 200 Boxes Vermacilla, 15 ps. Linen
Stuff, 1 Can Sugar, 25 Bags Beans, 25 Boxes Raisins. 50 Horse equipments 10 doz Morocco
Skins. 5 doz Calf Skins, 5 Saddles, 2 doz. Belts 200 feet Rods. 20 Sides Sole Leather.
6 Iron Drums for warehouse 86 Roans, 1 Box with 200 Wedges. 3 Iron Kettles, 14 packages
common Linen, 4 packages Holland Linens, 4 doz. Parasolls or Umbrellas, 30 ps. of
Muslin 10 yds each, 2 doz 1/2 Hose, 3 doz. Ovens, 20 Ingots, 90 ps. Silesia, 2 ps
Victoria, 9 ps Drillings 34 ps Long Laion [sic]. 54 ps Calicoes. 5 ps Laces, 14 ps
Muslins 69 pieces Stripes, 24 ps Stripes, 148 ps Ribbons, 10 ps Linen Cambric 45
ps. Glazed Linen, 4 ps. Roco Cashmere, 1 doz Shawls, Fans, Gloves, Shirts, Tapes,
threads, towels, Umbrellas, 29 Muslin dress patterns, 16 Woolen Shawls, 4 silk Do.
15 Rugs, Buttons, Saddles, 70 ps. Stripes, 48 ps Silisia. 30 ps Long Laion, 1 ps.
Blk Hkdfs 7 ps. Striped Bobbins. [blank] ps. ribbon 6 Coloured Mantles, 40 ps. Linen
Cambric 800 yds striped Linen, 2 ps Merino, 30 dress Patterns. 6 Mosquito Nets, 6
ps Satin, 18 Blankets. 1 Box Hardware, 12 doz Hkdfs. 18 ps Coarse Linen, 60 Vol.
Books 2 Boxes Books, 70 Sheets Copper, Hardware 50 Demi Johns of Olive Oil, 20 Boxes
Vermacilla, 20 Quintals Jerked Beef 15 sides Sole Leather, 6 Kegs Olives, 2 Quintals
Hams, 190 ps. Muslins, 26 ps. Stripes, 3 ps. Brown Drilling, 4 ps. Linens 21 ps Cols
and fine Linen 11 doz. Ladies Hose. 2 doz Belts, 10 doz Linen Cambric Hkdfs 12 Coarse
do, and a large quantity of Silks Linens, hardware and Provisions to the amount in
all of $40,000 and also money to the sum [of] and amount of about
Two hundred and fifty dollars -- and also fifty four slaves to wit fifty one male
slaves and three young female slaves who were worth Twenty five thousand dollars
& while on said voyage from Havannah to Principe the said Slaves rose upon the
captain & crew of said Schooner & killed & murdered the captain and one
of the said Crew and two more of said crew escaped and got away from said Schooner
-- that the two Spaniards on board to wit Pedro Montez and Jose Ruiz remained alive
on board said Schooner after the murder of the Captain and after the said Negroes
had taken possession of said Vessel and Cargo that their lives were spared to assist
in the sailing of said Vessel and it was directed by said Negroes that said Schooner
should be navigated for the Coast of Africa -- And said Pedro Montez & Jose Ruiz
did accordingly steer as thus directed and compelled by said Negroes at the peril
of their lives in the day time & in the night altered their course and steered
for the American shore but after more than two months on the Ocean they were discovered
and boarded by the libellants and the said two Spanish Gentleman begged for &
claimed the aid and protection of the Libellants -- That said Schooner was accordingly
taken possession of & recaptured from the hands and possession of said Negroes,
who had taken the same as aforesaid that said Schooner was brought into Port of New
London in the District aforesaid where she now is, and said Schooner would with great
difficulty exposure and [damage] (^danger) have been taken by the
Libellants but for the surprise upon the said Blacks who had possession thereof a
part of whom were on shore -- and but for the aid and assistance and services of
the Libellants the said Vessel and said Cargo would have been wholly lost to the
respective owners thereof. That said Cargo belongs to diverse Spanish Merchants &
others resident in said Island of Cuba & to the said Pedro Montez & Jose
Ruiz -- the latter owning most of the Slaves. Now in as much as the said Thomas R
Gedney and said Officers and Crew have with so much difficulty and danger saved said
Schooner Armistad and said Cargo and said Slaves which would otherwise in all human
probability have been totally lost to the owners thereof respectively will your Honor
please to order the said Vessel Cargo & Slaves now on board said Vessel to be
attached and taken by the process of this Honorable Court and that a monition issue
to all persons concerned to show cause if any they have why a reasonable salvage
should not be decreed thereout to the Libellants and all others entitled & that
such further and other steps shall be taken as the Course of this Honorable Court
shall direct
Thos. R Gedney Comm US Brig Washington by I Isham Atty
R W Mead Lieut USN
District of Connecticut [Ss]
District Court at New London Augt 29th 1839c
Personally appeared Richard W. Mead and made oath to the truth of the foregoing libel according to his best knowledge and belief.
Attest Chs. A. Ingersoll Clerk
And said Court made an order thereon in the words following to wit
District of Connecticut [Ss?]
District Court at New London August 29th 1839.
This libel is allowed and the trial thereof is directed to be held at Hartford in said District on the 19th day of September 1839 at 10 O Clock in the forenoon and the clerk of this court is directed to issue warrant of siezure, monitions, and other process according to law.
Attest
Chs. A. Ingersoll Clerk
And on the said 29th day of August A.D. 1839 a warrant of siezure issued in pursuance of the aforesaid order, and has been duly served and returned into Court by virtue of which said process of seizure the Marshal of the aforesaid District on the 30th [^day] of August A.D. 1839 took into his custody and keeping the aforesaid described Schooner Armistad [sic], her tackle apparel and furniture together with her cargo libelled as aforesaid and also the said alleged Slaves mentioned and described in said libel --
And on the said 29th day of August A.D. 1839 process of monition issued in pursuance of the aforesaid order, and the same has been duly served and returned --
And at said District Court holden at Hartford aforesaid on the 19th day of September A.D. 1839. proclamation is made in this Court by the Marshal of the District aforesaid that if any person claims said Schooner Amistad her tackle apparel and furniture or Cargo or said Alleged slaves, or any of the Articles of personal property libelled as aforesaid, or claims salvage in the same or can inform this court why a reasonable salvage should not be decreed thereout to the libellants and all others entitled, let him come forth and shall be heard, And thereupon Henry Green and others of the State of New York appeared and filed their claim for salvage in the words following to wit.
To the Honorable District Court of the United States for the District of Connecticut
setting at Hartford in the County of Hartford in said district the 19th day of September
1839. The petition and answer of Henry Green and Peleatiah Fordham of Sag Harbour
in the County of Suffolk & State of New York, Schuyler Conklin of Montauk in
sd. State, Aaron Fithing of said place last mentioned & Seymour G. Sherman of
Bridge Hampton of said State of New York would humbly represent. That there is now
pending before the Court a libel in favor of Thos. R. Gedney & others [of]
[^against] the Schooner Amistad & her cargo bearing date the 29th August 1839
in which said Gedney and others claim salvage for the rescue of the same from certain
persons who had run away with the same as set forth in said libel, now your petitioners
would give this Court to understad that on the 26th day of August 1839 they discovered
the said Schooner Amistad lying near Montauk Point near the East end of the Island
of Long Island, that a number of Black persons were seen going to and from said Beach
to the Schooner under circumstances of great suspicion, that your petitioners believing
said Vessel & Cargo had been feloniously obtained by said blacks, immediately
repaired to said beach & there believing that something was wrong & illegal
about said Schooner and said black men as aforesaid they induced a large number of
said black men to come from said Schooner to said Beach, and the Petitioners did
then and there represent to said black men that it would not be safe for them to
go out to sea with their said Schooner for they would certainly be captured and that
they and all the men remaining on board said Schooner & their said Vessel would
be safe in the custody of the petitioners whereupon the said black men being at that
time about twenty on said Beach did surrender up themselves & their arms &
two Trunks, containing money as they said to the petitioners & did agree that
the next morning said petitioners might enter into said Schooner and carry her into
any neighboring port, and which the petitioners believed and now believe was a surrender
to them of said Vessel and Cargo & they say that if said Black men had not thus
been separated from said Vessel & kept on said Beach the said Gedney and others
could not and would not have taken the same or said cargo & said Blacks, but
that in consequence of the facts aforesaid the said Gendy & others coming up
to said Schooner at said time did enter into and take possession of the same with
said Cargo & did then come to said Beach and take said Black men and said Trunks
then and there being as aforesaid.
And the Petitioners say they have been as aforesaid the cause of the rescuing & preserving of said Schooner and said Cargo at their great risk of life and are entitled to salvage therefrom & what appertains thereto whether Vessel, Cargo, or Slaves --
Wherefore they present this their libel and their anwser to the libel of said Gedney
Hartford Sept. 19 1839
Henry Green
Peletiah Fordham
Schuyler Conklin
Aaron Fithing
Seymour B. Sherman
By their Atty
Wm. W. Ellsworth
And therefore also Jose Ruiz of Puerto Principe in the Island of Cuba, appeared and filed his claim to a portion of said slaves described in said libel, and to a portion of the Cargo of sd. Schooner in the words following to wit --
United States of America
District of Connecticut [Ss?]
At a District Court held for the said District before the Honorable Andrew T. Judson at Hartford in the said District on the nineteenth day of September A.D. 1839 comes Jose Ruiz of Puerto Principa [sic] in the Island of Cuba a subject of her Majesty the Queen of Spain propounds and gives this Honarable Court to understand and be informed, that the greater part of the Cargo and slaves brought on board of the Spanish Schooner called the Amistad of Havannah [sic] in the Island of Cuba aforesaid against which a libel has been filed in this Court by Thomas R. Gedney and Richard W. Mead and others belonging to the United States Brig Washington and said to have been taken within the jurisdiction of this Honorable Court and brought into the port of New London, as set forth in said libel were at the time they were so taken, and now are the property of this Claimant owned and claimed by him Viz. Forty nine male negro slaves of the value of Twenty two thousand dollars, 10 doz. Glass Knobs, thirty nine and a half thousand needles, 48 rolls of wire, 45 Bottles Essence, 45 Maps of the City of Puerto Principe. 13 Maps of the City of Puerto Principe, 6 Mill Rollers, 8 Cog Wheels, 6 pieces Iron, one Box Iron Wedges, three large Iron Pots, one case containing several pieces of Iron. 25 Bags Spanish Beans, 25 Boxes Raisins, 20 Boxes Castile Soap, 2 Bags of Rice, 3 Bales containing 500 pounds jerked Beef, 50 pairs Shirts and Pantaloons, 200 Boxes Vermacilla, 1 Box containing 4 percussion Guns, 1 Box containing Books, 5 Boxes containing Ribbons, 1 Package of Quills and other small articles of merchandise of the value of Three thousand five hundred dollars and this claimant further shows that of the aforesaid slaves nine died before the said Schooner Amistad was taken by the aforesaid Brig Washington one after such taking and this deponent has been informed and believes that three others have died since. That the other property above specified of this claimant has been injured, damaged, and lessened in value, but to what extent this claimant does not know and leaves this Honorable Court to asertain if they should so think fit -- And this Claimant further shows that all of the aforesaid slaves were by him legally purchased and owned in Havanna aforesaid where slavery is tolerated and allowed by law. That this deponent did on the 28th day of June last past sail from Havanna with such slaves and Cargo his property to Guanaja, another port in the Island of Cuba aforesaid in the aforesaid Spanish Schooner Amistad, where such slaves rose upon the Captain (whom they murdered), the crew and this claimant took posession of said Schooner, which Schooner was brought by this claimant and one Pedro Montez to the coast of the Unite States and was there taken as aforesaid -- And this claimant humbly insists that the aforesaid slaves the property of this claimant and his other property above specified and as contained in said libel ought by the laws and usages of nations and of these United States of America and according to the treaty between Spain and these United States of America to be restored to this claimant without diminution and entire -- And this deponent leaves this Honorable Court to determine whether the said libellants are entitled to any salvage or compensation in thie premises -- Wherefore the said Claimant prays the advisement of this Honorable Court in the premises and after proper process herein, that this Court should decree the aforesaid slaves and other property of this claimant to be delivered to him or to the representatives of Her Catholic Majesty as may be most proper in the premises.
Jose Ruiz
R.J. Ingersoll
Wm. Hungerford
John B. Purroy
Attys and of Council for Claimant
And thereupon also Pedro Montez of Puerto Principe in the Island of Cuba appeared and filed his claim to a portion of said slaves described in said libel, and to a portion of the cargo of said Schooner in the words following to wit --
United States of America
District of Connecticut [Ss?]
At a District Court held for the said District before the Honorable Andrew T.
Judson Esq. at Hartford in said District on the nineteenth day of September A.D.
1839 comes Pedro Montez of Puerto Principe in the Island of Cuba a subject of her
Majesty the Queen of Spain propunds and gives this Honorable Court to undersstand
and be informed that the hereinafter mentioned part of the cargo of the Spanish Schooner
Amistad of Havanna in the Island of Cuba aforesaid against which a libel is filed
in this Court by Thomas R. Gedney. Richard W. Mead and others belonging to the United
States Brig Washington said to have been taken within the jurisdiction of this Honoable
Court and brought into the port of New London as set forth in said libel was at the
time it was so taken and now is the property of this claimant owned and claimed by
him. Viz three black Girls, and a black boy the slaves and property of the claimant
and of the value of one thousand three hundred dollars, four Boxes Merchandise containing
26 pieces of Hamburgh Listings, 182 pieces of Muslin, 3 pieces of Drillings, 3 ps.
of India Goods, 2 ps. Etapillas, 1 p French Goods, 4 doz. Cambric Hkdfs, 12 doz.
Cambric Hkdfs, 4 Cambric Shirts, 1/2 doz. Silk under Hkdfs, 14 doz. Stockings and
twenty ps. Cambric of the value of eight hundred dollars. And this claimant shows
that the property of this claimant above specified (with the exception of the slaves)
has been injured, damaged and lessened in value but to what extent this claimant
does not know and leaves this Honorable Court to aserctain if they should think fit.
And this Claimant furhter shows that all the aforesaid Slaves were by him legally
purchased and owned in [Havannan] Havanna aforesaid, where slavery
is tolerated and allowed by law -- That this deponent did on the 28th day June last
past sail from Havanna with such slaves and cargo his property to Guanaja another
port in the Island of Cuba aforesaid in the aforesaid Schooner Amistad, when some
slaves on board of said Schooner rose upon the Captain whom they killed, upon the
Crews and this claimant and took possession of said Schooner which Schooner was brouhgt
by this claimant and one Jose Ruiz to the Coast of the United States and was there
taken as aforesaid and this claimant humbly insists that the aforesaid slaves the
property of the claimant and his other property above specified and as contained
in said libel ought by the laws and usages of Nations and of these United States
of America, and according to the treaty between Spain and these United States of
America to be restored to this claimant without diminution and entire. And this claimant
leaves this Honorable Court to determine [whe] whether the said
libellants are entitled to any salvage or compensaion in the premises. Wherefore
the said Claimant prays the advisement of this Hounorable Court in the premises and
after proper process herein that this court should decree the aforesaid slaves and
other property of this Claimant to be delivered to him or to the representatives
of her most Catholic Majesty as may be most proper in the premises.
Pedro Montez
R.J. Ingersoll
Wm. Hungerford
John B. Purroy
Attys. and of Council for Claimants
Continued in Part II, Part III, and Part IV of the United States District Court "Final Records"
