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Continued in Part
IV of the United States District Court "Final Records"
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II of the United States District Court "Final Records"
"'Final Records' (part 3) January 23, 1840, U.S. District Court, Connecticut, taken from U.S. Supreme Court Records, January, 1841."
And at said term of said District Court holden at Hartford aforesaid on the 19th day of November A.D. 1839 Cinques and others Africans so in custody of the Marshall as aforesaid filed their certain plea to the jurisdiction of this Court in the words following to wit
United States of America
District of Connecticut [Ss]
To the Honorable Andrew T. Judson Esq. Judge of the District Court of the United States for the District of Connecticut.
The several plea of Sinqua, Burnah 1st, Dammah, Fourrie 1st, Shumah, Connora, Chooley, Burnah 2nd -- Baah, Cabbah, Poomah, Kimbo, Secah, Bang yeah Saah, Carlee, Parle, Monah, Nahquoi, Quato, Sessei, Con, Fourrie 2nd, Kennah, Larmanea, Fajanah, Yabboy, Faquannah, Berrie Fawnei, Chochoman, Gabbo, [Carr] Teme. Kene Mahgra Africans now in the custody of the Marshal of said District under color of process issued from this Honorable Court on the 29th day of August A.D. 1839, against the schooner Amistad and the articles of personal property on board of her, then lying in the harbour of New London in said District on the libel of Thomas R. Gedney a Lieut. in the United States navy commanding the United States Brig Washington, in the service of the United States in the Coast survey & on behalf of Richard W. Meade a Lieut on board said Brig & the officers and crew thereof and all others interested, or entitled, claiming salvage to be awarded them by this Honorable Court as for a meretorious service in siezing and securing the respondendts & holding them as Slaves to certain Spaniards belonging to the Island of Cuba named in said Libel -- And also under process of (^this) Honorable Court issued and served at Hartford on the 18th day of Septemer 1839 -- While the Respondents were in custody of the Marshal of said District as aforesaid & within the body of the County of Hartford & within said District & state of Connecticut on the libel and claim of Wm. S. Holabird Esq. District Attorney of the United States for the District of Connecticut, and on the libels respectively of Pedro Montez and Jose Ruiz -- The said Respondents severally by protestation not not [sic] confessing or acknowledging any of the matters & things in said several libels to be true as therein alleged for plea thereto respectively say -- that they are severally natives of Africa and were born free, and ever since have been and still of right are and ought to be free and not slaves as is in said several libels pretended or surmised, that they were never domiciled in the Island of Cuba, or the dominions of the Queen of Spain, or subject to the laws thereof, that on or about the 15th day of April 1839 they and each of them were in the land of their nativity, unlawfully kidnapped and forcible and wrongfully carried on board of a certain vessel near the Coast of Africa, then and there unlawfully engaged in the Slave trade by certain persons, to them unknown and were thence in said Vessel contrary to the will of these respondents, unlawfully transported to the Island of Cuba for the unlawful purpose of being there sold as slaves and were there illegally landed for the purpose aforesaid. That Jose Ruiz one of said Libellants, well knowing all the premises, and confederating with the persons by whom the Repsondents were unlawfully held as aforesaid, and intending to deprive them of their liberty made a pretended purchase of the said Respondents except the sd. Carrie Teme, Keni, and Mahgra, and that the said Pedro Montez well knowing the premises and confederating in like manner with the said persons for the purpose aforesaid, made a pretended purchase of the said Carrie, Teme, Keni, & Mahgra that said pretended purchases were made from persons who had no right whatever to the Respondents or any of them and were null and void, and conferred no title on the said Ruiz or Montes [sic], or right of control over the Respondents or either of them -- That afterwards on or about the 28th day of June 1839 the said Ruiz and Montez, confederating with each other, and with one Raymon Ferrer now deceased Capt. of said Schooner Amistad, caused the Respondents severally without law or right to be placed by force on board of said Schooner to be transported with said Ruiz & Montez to some place unknown to these Respondents and there severally enslaved for life -- That the Resondents being treated on bord said Vessel by said Ruiz and said Montez & the Capt. & crew thereof with great cruelty and oppression, and being of right free as aforesaid, were incited by the love of liberty natural to all men and by the desire of returning to their families and kindred, to take prossession of said Vessel while navigating the high seas as aforesaid near said Island of Cuba, as they had right to do with the intent to return therein to their native Country or to seek an asylum in some free State where slavery did not exist in order that they might enjoy their liberty under the portection of its Government
That the said Schooner on or about the 26th day of August 1839 arrived (^ in the possession of the Repsondents) at Culloden Point near Montaug [sic] & was there anchored within about 3/4 of a mile of the Shore and within the Territorial jurisdiction of New York -- That the Respondents, Sinqua, Carlie, Dammah, Bahoo, Morrah, Nabquio, Quahto, Con, Fajanah, Berrie, Gabbo, Foola & others while said Schooner lay at anchor as aforesaid, went on shore within said State of New York to procure provisions and other necessaries and while there within the jurisdiction of a free state where Slavery does not exist, and under the protection of its laws the respondents were severally siezed as well those who were on shore as aforesaid, as those who were on board of and in possession of said Schooner, and were by the said Lieutanant [sic]Gedney, his Officers & crew of said United States Brig Washington forcibly & unlawfully taken at the instance of said Spainards, Ruiz & Montez, with intent to keep and secure them as slaves for the said Ruiz & Montez respectively & to obtain an award of salvage therefor from this Honorable Court as for a meritorious act; that for that purpose the (^said) Repsondents were by said Lieut. Gedney and his crew forcible & unlawfully withdrawn from the jurisdictional limits of this State and District of New York were [sic] they were siezed [sic] as aforesaid, and brought to the port of New London in the District of Connecticut where they were taken into custody of the Marshall on process issueing on the Libel of sd. Lieut. Gedney as aforesaid & were by said Marshall confined in the Goal of the City of (^ New Haven in said District and subsequently in the Goal in the City of) Hartford and were while so confined within the body of said District & State of Connecticut subjected to the futher process of this Honorable Court on the several libels & claims subsequently filed aforesaid -- Wherefore the Respondents severally say that neither by the Constitution or laws of the United States or any Treaty pursuant thereto nor by the law of Nations doth it appertain to this Honorable Court to exercise any jurisdiction over the persons of these respondents or any of them by reason of any proceedings aforesaid and they severally pray to be hence dismissed and suffered to be and remain as they of right ought to be free and at liberty from the process of this honorable Court under which and under color of which they are holden as aforesaid
By Staples & Baldwin
And at a Term of the said District Court holden at [Hartford]
New Haven in said District on the 7th day of January A.D. 1840 to which time and
place the premises by regular continuance came the said Cinques and others Africans
who on the 19th day of November A.D. filed their plea to the jurisdiction of this
Court by consent of the Court withdraw the same and in lieu thereof file their claim in
the words following to wit
United States of America
District of Connecticut [Ss],
Special District Court holden at New Haven in said District on the 7th day of Jany, 1840
To the Honorable Andrew T. Judson, Judge of the District Court of the United States in and for the District of Connecticut
The several (^answer) of Sinqua, Burnah 1st, Dammah, Fourrie, 1st otherwise called
Fouleian Shuma, Conoma otherwise calld Ndzhaulee, Choolay, Burnah, 2nd, Baah, Poona,
Kimbo, Peah, Bangyeah Saah, Carle Parli, Morrah, Nalquoi, Qauto, Sessi, Con otherwise
called Keooney, Fourie 2nd, otherwise called Fouliwa, Kennah, Lamana, Fajanah, Yahboy,
Faquanah Berne, Fawna, Chockaman, Gabbo otherwise called Galabora, Carri, Teme, Keni
& Mahgru, Africans; now in the custody of the Marshall of the said District under
color of process issued from this Honorable Court, on the 29th day of August 1839,
against the Schooner Amistad, and the articles of personal property on board of her,
then lying in the Harbor of New London, in said District on the Libel of Lieutenant
Thos R Gedney, a Lieutenant in the United States Navy, commanding the United States
Brig Washington in the service of the United States, in the Coast survey, and on
behalf of Richard W. Mead a Lieutanant on board said Brig and the Officers and crew
thereof and all others interested or entitled, claiming salvage to be awarded to
them by this Honorable Court as for a meritorious service in siezing and securing
the Respondants severally and holding them as slaves to certain Spainards belonging
to the island of Cuba named in said libel -- And also under process of this Honorable
Court issued and served at Hartford on the 18th day of September 1839 while the Respondents
were in custody of the Marshall of said District as aforesaid viz at Hartford within
the body of the State and Disrict of Connecticut on the libel and claim of William
S. Holabird Esq. United States District Atty for said District of Connnectiucut and
the libels respectively of Pedro Montez & Jose Ruiz, and also under process of
this Honorable Court issued at Hartford aforesaid on the 19th day of November 1839
on the claim and representation of the District Attorney then and there made &
filed. The said respondents severally by protestations not admitting or acknowledging
that the Goverment of the United States, or any department, court, or office, thereof
hath jurisdiction over the persons of these Respondents or any of them by reason
of any of the allegations & proceedings aforesaid & not confessing or acknowledging
any of the matters & things in the libellants said several libels and claims
to be true in manner and form as the same are therein [represented]
and thereby alleged, appear before this honorable Court, and for answer to the several
libels, claims, & representations aforesaid severally say. That they and each
of them are natives of Africa and were born free, and ever since have been and still
of right are and ought to be free and not slaves, as is in said several liblels or
claims pretended or surmised: -- that they were never domiciled in the Island of
Cuba, or in the dominions of the Queen of Spain or subject to the laws thereof --
that on or about the 15th day of April 1839 they and each of them were in the land
of their nativity unlawfully Kidnapped and forcibly and wrongfully by certain persons
to them unknown, who were then and there unlawfully and piratically engaged in the
Slave trade, between the Coast of Africa and the island of Cuba contrary to the will
of these Respondents unlawfully and under circumstances of great cruelty transported
to the sd. Island of Cuba, for the unlawful purpose of being sold as slaves, and
were there illegally landed for the purpose aforesaid. That Jose Ruiz one of the
said Libellants well knowing all the premises, and confederating with the persons
by whom the Respondents were unlawfully taken and holden as aforesaid and intending
to deprive the Respondents severally of their liberty, made a pretended purchase
of the said Respondents except the said Carri, Teme, Keni, and Mahgra and that the
said Pedro Montez also well knowing all the premises and confederating with the said
persons for the purpose aforesaid made a pretended purchase of the said Carri, Temi,
Keni, & Mahgra -- That said pretended purchase were made from persons who had
no right whatever to the Respondents or any of them, and that the same were null
and void, and conferred no right or title on the said Ruiz or Montez or right of
control over the Respondents or either of them -- That afterwards on or about the
28th day of June 1839 the said Ruiz and Montez confederating with each other and
with one Ramon Ferrer now deceased Capt. of said Schooner Amistad & others of
the Crew thereof caused Respondents severally without law or right under color of
certain false and fraudulent papes by them procured and fraudently used for that
purpose to be placed by force on board said Schooner to be transported with said
Ruiz and Montez to some place unknown to the Respondents and there enslaved for life
-- That the Respondents, being treated on board said Vessel by said Ruiz and Montez
and then confederates with great cruelty and oppresion, and being of right free as
aforesaid were incited by the love of liberty natual to all men and by the desire
of returning (^to) their families and kindred, to take possession of said Vessel,
while navigating the high seas, as they had right to do, with the intent to return
therein to their native Country, or to seek an asylum in some free state where slavery
did not exist, in order that they might enjoy their liberty under the protection
of its Goverment -- that sd. Schooner on or about the 26th of August 1839 arrived
in the possession of the Respondents at Culloden Point near Montauk and was there
anchored near the shore of long Island viz within hailing distance thereof (^&)
within the waters and territory of the State of New York -- that the respondents
Sinqua, Carli, Dammah, Baah, Monah, Nahguoi, Quato, Con, Fajanah, Berrie, Gabbo,
Fouliau, Kimbo, Faquannah, Cononia otherwise called Ndzaibla, Yaboi, Burnah 1st Shuma,
Fawni, Peah, Ba & Shiele while said Schooner lay at Anchor as aforesaid went
on Shore within the State of New York to procure provisions and other necessaries
and while there in a State were [sic] slavery is unlawful and does not exist under
the protection of the Government and laws of said State by which they were all free,
whether on board of sd. Schooner , or on shore the Respondents were severally siezed
as well those who were on shore as aforesaid as those who were on board of &
in possession of said Schooner by the said Lieut Gedney his officers, and crew of
said United States Brig Washington without any lawful warrant or authority whatever
at the instance of said Spainards Ruiz and Montez with the intent to keep and secure
them as slaves to the said Ruiz and Montez respectively and to obtain an award of
salvage therefor from this Honorable Court as for a Meritorious act. That for that
purpose the Respondents were by the said Lieut. Gedney, his officers and crew aforesaid
forcibly and unlawfully withdrawn from the jurisdictional limits of the State of
New York and brought to the Port of New Lodon on aforesaid and while there and afterwards
under the subsequent proceedings in this Hon. Court taken into the Custody of the
Marshal of said District of Connecticut and confined and held in the Goal in the
Cities of New Haven and Hartford respectivly as aforesaid -- Wherefore the Resopondents
severally pray that they and each of them may be set free as they of right are and
ought to be, and that they be released from the custody of the Marshal under the
process of this Hon. Court under which or under color of which they are holden as
aforesaid
S P Staples & R S Baldwin
T Sedgwick
Proctors
And at said District Court, holden at New Haven in said District on the 7th day
of January A.D. 1840, here in open court came [Jose Ruiz] Jose Antonio
Tellincas, and the house of Aspa & Laca, subjects of the Queen of Spain, and
by consent of the Court file their claim in the words following to wit: --
United States of America, District of Connecticut [Ss]. Special Term holden at New Haven first Tuesday of January 1840. To the Honorable Andrew T. Judson Judge of the District Court of the United States within and for the District of Connecticut --
And now Jo. Antonio Tellincas of the City of Puerto Principe, in the Island of
Cuba Merchant and Messs. Aspa & Laca of said Puerto Principe Merchants and copartners
under the name of Aspa & Luca [sic] intervening for their several and respective
interests in the Cargo of the Schooner Amistad. appear before this Court and for
answer to the Libel of Thomas R. Gedney, Richard W. Mead & others, and also to
the claim and Libel of Henry Green & others against the said Schooner Amistad
her tackle, apparel and furniture and against the Cargo lately laden on board said
Schooner, and also against any persons lawfully intervening for their interest therein,
saving to themselves all and all manner of advantage to the manifest uncertainties
and unsufficiences in the Libellants said Libel and said Claim contained for answer
thereto or so much thereof as is material and necessary to be answered answer and
say that Jos. Antonio Tellincas one of the Respondents is the owner of 25 pieces,
mixed Listadors which were originally contained in a box marked A No 1, also
15 pieces mixed Listadors square and 10 pieces striped Listadors which were orginally
contained in a box marked A No 2, also 25 pieces Listadors which were contained
orginally in a Box marked A No 3, also 48 pieces genuine platillas which were
contained originally in a Box marked A No 4 also 10 pieces Estopilla fine
white, 20 ps.Estopilla spotted 4 Large crape Shawls, 2 small crape shawls, 7 ps.
Paris Cambric plain, 1 ps. Blk silk Handkerchfs [sic], 6 doz. Linen Linen [sic] Hkdfs,
20 ps. Catalonia Ribbon 2 doz. Cambric Hkdfs plain edge, 2 doz. Cambric Hkdfs figured
edge, 4 doz. Cambric Hkdfs figured edge, 40 doz. white [Tafu No 40 Yo.?] 40 pounds
thread No 1.2. / 24.6 pieces Muslin 24 yds, 17 ps. Prints originally contained in
a Box A No 5, also 12 Silk Umbrellas, 12 Do Silk Unbrellas 3 doz. Cotton Umbrellas
originally contained in a Box marked A No 6, also 2 yds Duck -- That Messr
Aspa & Luca the other two Respondents are the owners of 48 pieces of German Platillas
contained when shipped in a Box or Bundle marked A&L No 1, also 24 pieces German
platillas fine, 18 pieces English Platillas cotton, 2 pieces Victoria 83 yards, 1
doz. Cold half hose contained in package or box marked A&L No 2, also
4 pieces striped white Drilling 97 yards 2 ps. striped white (^drilling) Cotton 72
3/4 yards, 25 doz. cotton Hkdfs. 6 pieces Estopilla, plain, 4 pieces plain crape
8 suit Dresses figured muslin, 21 pieces striped with flowers 4 pieces prints, 5
pieces Lace crape, 15 doz. cotton Hkdfs, 14 ps. Muslin for hanging, 1doz Romantic
Scarfs containted in a package or Box marked A&L No 3, also 25 pieces
spotted Listadors in a package marked A&L No 4, also 30 pieces Pirculas.
-- 24 ps. Cotton Osnaburgs, & 1 piece Cotton Drilling in a package marked A&L
No 5, also 25 ps Listadors in a package marked A&L No 6, also 16 stamped
Crape Shawls, 96 pieces french silk Ribbons 4 pounds silk 4 ps. white Cambric --
1 ps superior Clarin Cambric, 2 pieces of stripped cambric -- 3 ps. striped cambric
imitation, 1 doz. China Fans, 6 1/3 doz. Silk Hkdfs. 1 doz Estopilla shirts, 1 doz
Black embroidered Gloves, 52 pieces silk Catalonia Ribbon contained in a package
marked A&L No 7, also 15 pieces Listadors Blue Squares, also 2 pieces Listadors
superior quality 2 ps. white Linen Drills, 83 1/2 yds, 7 Rugs contained in a package
marked A&L No 8, also 22 pieces Muslin -- 23 ps. muslin small squares, 20 1/2
doz. Linen Hhkdfs, 52 doz. white Tape, 50 doz. Cotton Spools, 5 doz. Crape Hhkdfs
contained in a package marked A&L No 9, also 20 pieces of Prints, 28 pieces Estopillas,
18 doz. English 1/2 hose, 1 doz. white Crape Hdkfs, 1 doz. white crape half Hdkfs,
2 pieces Merinague, 1 doz. Black Short Gloves, 1 Bundle with Buttons contained in
a package marked A&L No 10, also 10 1/2 doz. Cologne Water, 6 doz. Han [sic]
Oil, 6 doz. fine combs contained in a package marked A&L No 11. also 50 pounds
Scotch Codfish marked A&L No 12, also 1 ps. Ticking 43 Ells, 4 ps. [R_] 8 Rugs,
2 doz. Towels in a package marked A&L No 13, also 1 doz. Cotton Umbrellas 6 doz.
Silk Umbrellas in a package marked A&L No 14, also 1 Saddle, 1 Trunk, 11 yds
Duck in a package marked A&L No 15 -- All of which goods and Merchandise were
part of the Cargo lately laden on board the said Schooner Amistad and against [the]
which the said Libel and claims have been exhibited -- And your Respondents further
allege that all said articles of merchandise and goods were shipped at Havanna in
the Island of Cuba by the house of Widow Colluso & Son on board of said Said
[sic] Schooner Amistad Ramond [sic] Ferrer Master in the Month of June A.D. 1839
consigned and to be delivered to your Respondents severally at a port in the province
of Puerto Principe in the Island of Cuba That said Schooner Amistad having on board
all said mentioned articles of Merchandise and goods on the 28th day of June last
set sail and proceeded to sea from said port of Havanna bound to said Principe --
That afterwards to wit on the day of August 1839 said Schooner with said goods and
merchandise on board arrived on the Coast of the United States near Montauk Point
about thirty miles distant from the port of New London and there came to an anchor.
Your Respondents have been informed and believe that while said Schooner Amistad
was at anchor near Culloden Point within Montauk Point on the 26th day of August
1839 the officers and crew of the United States Brig Washington being the Libellants
in this cause, who at that time were employed by the United States in surveying the
Coast in the vicinity of said Schooner, fell in with and took possession of said
Schooner and Cargo, and on the same day brought said Schooner and Cargo to said port
of New London where they arrived on the 26th day of August 1839 but under what circumstances
of risk or damage your Respondents are ignorant, that said Green & others never
were on board said Schooner and did not render any meritorious services such as to
entitle them to salvage on said Goods, your Respondents pray your honor to dissolve
the attachment of said Goods under the process of this Hon. Court and that said Merchandise
be restored to them upon their giving bonds with approved sureties to the Libellants
in a sum equal to the value thereof to abide the decision of the proper Court theron
submit themselves in the premises to the judgement of this Honorable Court and hereby
pray that the said goods herein mentioned and described may be discharged from arrest
under the process of the Honorable Court and may be restored to the possission of
the Respondents, and that they may be dismissned hence with their reasonable Costs
and charges in this behalf sustained -- Dated at New Haven the seventh day of January
1840
Joseph Antonio Tellincas by his Atty Wm. P. Cleaveland Jr
Aspa & Luca by their Attorney Wm. P. Cleaveland Jr.
Wm. P Cleaveland Jr. Proctor for Claimants
Continued in Part IV of the United States District Court "Final Records"
Return to Part I, or Part II of the United States District Court "Final Records"
