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III of the United States District Court "Final Records"
"'Final Records' (part 4) 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 New Haven in said District on the 7th day of January A.D. 1840 the following named libellants and claimants appear in Court and pursue their several libels and claims respectively to wit Thomas R. Gedney and others, Henry Green and others, The United States by their District Attorney -- The said vice Consul of Spain, and the Minister of Spain through the United States District Attorney, Jose Antonio Tellincas and the House of Aspa & Laca, Don Pedro Montez and Jose Ruiz do not come in person nor by counsel, but their libels and claims respectively are pursued by the Spanish Minister, the same being merged in his claims -- The said Cinques & others Africans pursue their claim and answer filed (^as) aforesaid
And now at said Term of said District Court holden at New Haven aforeaid on the 7th day of January A.D. 1840, said case came on to be heard on said libels, claims, and answers and exhibits and testimony of witnesses -- And said Court of the 7th day of January A.D. 1840 was adjourned to the 23rd day of said January then to be holden at Hartford in said District -- And at said District Court holden at Hartford in said District on the 23rd day of January A.D. 1840 it is ordered and decreed by said court
1st That the claim of Henry Green and others be dismissed with cost taxed and allowed against them at
2nd That that part of the libel of Thomas R. Gedney and others relating to their claim for salvage on the alleged slaves be dismissed
3rd That the Libel and claim of Jose Ruiz being included under the Claim of the Minister of Spain be dismissed with cost taxed against the said Jose Ruiz at the sum of $
4th That the libel and claim of Don Pedro Montez being included under the claim of the Minister of Spain be dismissed with cost taxed against the said Don Pedro Montez (^at) the sum of
5th That that part of the claim of the Minister of Spain which demands the surrender of Cinques & others who are specifically named in the answer filed as aforesaid be dismissed, without cost --
6th That the claim of the Vice Consul of Spain demanding the surrender to the Spanish Government of Antonio Ferrer, a slave owned by the heirs of Ramon Ferrer, a subject of Her Catholic Majesty the Queen of Spain be sustained -- And it is further decreed that the said Antonio be surrendered to the Spanish Government for the said subjects who are the owners of the said Antonio, and the Marshall is directed to deliver the said Antonio to the Government of Spain or to such person or Agent as may be designated by the Minister or Vice Consul of the Queen of Spain, without Cost.
7th The claim of Jos. Antonio Tellincas for restoration of the goods specified
in his aforesaid claim being part of the Cargo of the Amistad is sustained. The goods
enumerated in the claim of the said Tellincas having been duly appraised and found
to be of the value of $849.98 it is decreed by this Court that upon the payment of
the sum of $283.32 and the cost added as taxed and allowed at $ making in all the
sum of $ within ten days from the 23rd day of January (^A.D.) 1840 to the Clerk of
this Court for the use and benefit of Thomas R. Gedney and others the salvors and
libellants of said Goods that the said Goods be then restored to the said Jose Antonio
Tellincas or to his Agent -- But in failure thereof within the time above Specified
then the Marshall of the District of Connecticut shall sell the said Goods and deposit
the nett [sic] awards thereof (deducting the fees and cost of sale) with the clerk
of this court, one third thereof for the use and benefit of the sd. Thomas R. Gedney
& others salvors and Libellants, from the remaining two thirds to be deducted
and paid said [account] (^cost) as aforesaid taxed, and the residue
of said two thirds to be delivered over to Jose Antonio Tellincas when called for.
8th The claim of the House of Aspa & Laca for a restoration of the Goods specified
in their aforesaid claims being part of the Cargo of LAmistad is sustained -- The
goods as specified in the claim of the [?] Aspa & Luca [sic] having been duly
appraised and found to be of the value of $1631.50 it is decreed by this court that
upon the payment of the sum of $543.83 and the Cost added thereto as taxed and allowed
at $ making in all the sum of within ten days from the 23rd day of January A.D. 1840
to the Clerk of this Court for the use and benefit of Thomas R. Gedney and others
the salvors and libellants of said goods, that the said goods be then restored to
the said House of Aspa & Laca or to their agent; but on failure threreof within
the [?] (^time) above specified then the Marshal of the District
of Connecticut is hereby ordered to sell the said goods and the avails [sic] thereof
after deducting the cost of sale shall be deposited with the Clerk of this court,
one third whereof for the use and benefit of the said salvors: from the remaining
two thirds to be deducted said cost so taxed against said goods as aforesaid, and
the residue of said two thirds to be delivered over to the House of Aspa & Laca
or their Agent when called for --
And whereas the owners of the aforesaid Schooner LAmistad, and the owners of the
residue of her cargo, being the goods on board at the time of the seizure, have not
by name (excepting only Don Pedro Montez, Jose Ruiz, Jos. Antonio Tellincas and the
House of Aspa & Laca) demanded restoration. And whereas the duly accredited Minister
of Spain, resident in the United States hath in behalf of the Government of Spain
for the owners of said Schooner, and the residue of said Goods, claimed that the
same be restored to that Government for the said Owners, they being Spanish subjects,
under the [p_] (^provisons) [sic] of the Treaty subsisting between
the United States and Spain -- And whereas it hath been made to appear to this Court
that the said Schooner is lawfully owned by the subjects of Spain, as also the residence
of said Goods not specifically claimed -- And whereas the aforesaid Don Pedro Montez
and Jose Ruiz [has] (^have) in person [c_] (^ceased)
to prosecute their claim as specified in their respective libels and their said claims
fall within the demand and claim of the Spanish Minister made as aforesaid -- And
whereas the seizure of the said Schooner and goods by the said Thomas R. Gedney &
others was made on the high seas, in a perilous condition and was first brought into
the port of New Lndon within the District [aforesaid] of Connecticut
and libelled as aforesaid for salvage -- And whereas the said Schooner including
all her tackle, rigging (^Furniture &c. hath been duly appraised, the) value
whereof this Court doth find to be $600 -- That all the goods seized excepting the
said (^two) Invoices of Jose Antonio Tellincas and Aspa & Laca being appraised
in like manner this Court doth find to be of the value of $3081.48. Therefore it
is decreed that the said Thomas R. Gedney the Officers and crew of the Brig Washington
being the libellants, for the service rendered the owners of the Schooner and goods
aforesaid in (^saving) the same be and they are hereby allowed salvage and that one
third of the value of said Schooner and goods be awarded them as salvage together
with the cost of their said libel -- And the said Schooner having been appraised
as aforesaid at the sum of $600 and the cost against said Schooner having been taxed
at $ the one third of the value of said Schooner being added to said cost taxed making
the sum of $ It is decreed that upon the payment of the said last mentioned sum to
to [sic] the Clerk of this Court within ten days from the 23rd day of January A.D.
1840 the said Schooner Amistad be restored to the said Minister of Spain for the
owners therof And the said goods except those contained in the two invoices of Jose
Antonio Tellincas and Aspa & Laca having been appraised at the value of $3081.48
and the cost of the libel of Don Pedro Montez being $ and the Cost of the libel of
Jose Ruiz being $ and the cost against the residue of said goods being $ making in
all as against the said goods the sum of $ in cost. and the one third of the value
of said goods being $1027.16 which being added to the said last mentioned cost makes
the sum of $ It is decreed that upon the payment of said last mentioned sum and a
deposit thereof with the Clerk of this Court within ten days from the 23rd day of
January A.D. 1840 the said one third for the use of the said Thomas R. Geney &
others salvors and libellants as aforesaid, that then the said goods be restored
to the government of Spain, to be delivered to such person or Agent as may be designated
by the minister of Spain -- But of the same shall not be paid and deposited as aforesaid
within the time aforesaid, then and in that case the said Schooner and goods shall
be sold by the Marshall and he is hereby ordered to make sale thereof, in the usual
mode -- and the avails of said sale after deducting the fees and cost of sale shall
be deposited with the Clerk of this Court, the one third whereof to and for the use
of said siezors [sic] and from the remaining two thirds then shall be deducted the
several sums of cost taxed as aforesaid and the residue of said two thirds shall
be paid over to such persons or Agent as may be designateed by the Minister of Spain
-- The cost taxed against the Schooner to be paid in manner aforesaid out of the
sales of the Schooner, and the cost taxed aainst each parcel of Goods to be paid
in manner aforesad out of the sales of such goods. -- Upon the several answers of
Cinqua, Burnah 1st Dammah, Fourni 1st otherwise called Fuliva, Shuma: Conoma: Chooley:
Burnah 2nd Baah: Cabbah: Poma: Kimbo. Peah. Bangyeah. Saah, Carlo, Parle, Monah Nahquoi
Quarhto, Sessi: Con otherwise called Keoong. Fourrie 2nd otherwise called Fouleuald,
Kinnah, Lamana: Fajannah Yebloi: Faquannah, Burrie, Fawnee, Chockomaw, Gabbo. Carre,
Teme, Keni, Mahque Africans natives of the Mandi Country in Africa and of the neighboring
region, now in the custody o the Marshall of this District under process issued from
this Court on the 29th day of August A.D. 1839 against the Schooner Armistad[sic]
and the articles of personal property on board of her on the libel of Thomas R. Gedney
a Lieutenant in the United States Navy, commanding the United States Brig Washington
in the service of the United States & the Officers and crew thereof and all others
interestsed or entitled, and also under process of this court, issued on the several
libels and representations of William S. Holabird Esq. United States District Attorney
for the District of Connecticut, and of Pedro Montez & Jose Ruiz respectively:
this Court having fully heard the parties appearing with their proofs do find that
the Respondents severally answering as aforesaid [and] (^are) each
of them Natives of Africa and were born free and ever since have been and still of
right are free and not Slaves as is in said several libels, claims or respresentations
alleged 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 they were sevrally
kidnapped in their native country and were in violation of their own rights and of
the laws of Spain prohibiting the African slave trade, imported into the Island of
Cuba about the 12th June 1839, and were there unlawfully held and transferred to
the said Ruiz and Montez respectevely: that said Respondents were within fifteen
days after their arrival at Havannah [sic] aforesaid by said Ruiz and Montez put
on board said Schooner Armistad to be transported to some Port in said Island of
Cuba, and there unlawfully held as slaves: that the Respondents or some of them influenced
by the desire of recovering their liberty and of returning to their families and
kindred in their native Country, took posession of said Schooner Amistad, killed
the Captain, and Cook and severely wounded said Montez, while on her Voyage from
Havannah as aforesaid, and that the Respondents arrived in possession of said Schooner
at Culloden Point near Montaug and there anchored said Schooner on the High seas
at the distance of half a mile from the shore of Long Island, and were there while
a part of the Respondents were as is alleged in their said answer on shore in quest
of water and other necessaries, and about to sail in said Schooner for the Coast
of Africa, seized by said Lieutenant Gedney and his Officers and crew & brought
into the port of New London in this District -- And this Court doth further find
that it hath ever been the intention of the said Montez & Ruiz since the said
African were put on board the said Schooner to hold the said Africans as slaves:
that at the time when the said Cinques and others here making answer, were imported
from Africa into the dominions of Spain, there was a law of Spain prohibiting such
importations declairing the persons so imported to be free: that said law was in
force when the said Claimants took the possession of the said Africans and put them
on board said Schooner, and that the same hath ever since been in force, and which
law is as follows.
Decree
The introduction of Negro Slaves into America was one of the first measures which my predecessor dictated for the support and prosperity of those vast regions, soon after their discovery. The imposibility of inducing the Indians to engage in different useful though painful labours, arising from their complete ignorance of the conveniences of life and the very small progress they had made in the arts of social existence, required that the working of the mines, and the cultivation of the soil, should be committed to hand more robust and active than theirs.
This measure, whch did not create slavery but only took advantage of that which
existed through the barbarity of the Africans, by saving from death their prisoners,
and alleviateing their sad condition far from being [prejudicial]
prejudicial to the negroes transported to america [sic], conferred upon them not
only the incomparale blessing of being instructed in the knowledge of the true God,
and of the only religion in which the Supreme Being desres to be adored by his Creatures
but likewise all the advantages which accompany civilization, without subjecting
them in their state of servitude to a harder condition than that which they endured
in freedom when free in their native Country -- Nevertheless, the novelty of this
system demanded prudence in its execution: and thus it happened, that the introduction
of negro slaves into [into] America depended always on particular
licenses, which my predecessors granted according to circumstances of places and
times, till the era when untrained slaves were generally permitted to be imported
both in national and foreign vessels, by the royal proclamations of the 28th of September
1789 the 12th of April 1798 and the 22nd of April 1804: in each of which the different
places for their introduction were determined. All this clearly evinced, that the
Chistian [sic] wisdom of my predecessors considered always these provisions as exceptions
to the law, (^and) dependent on variable coditions. Although the license granted
the 22nd of April 1804 had not expired when Divine Providence restored me to (^the)
throne to which it had destined me and of which an unjust usuper had perfidiously
attempted to deprive me, the distrubances and dissentions excited in my American
dominions, during my absence, immediately fixed my sovreign attention, and meditating
incessantly on the most appropriate means of reestablishing good order in these remote
possessins, and giving them all the encouragement of which they are capable, I was
not slow in percieving that the circumstances which had induced my prede(^ce)ssors
to permit the traffic in slaves on the Coast of Africa, and their introduction into
both Americas, had entirely chaged. In these provinces the number of indigenous negroes
has increased prodigiously and[were] (^even) that of free negroes
under the fostering care of a mild government and the christian humanity of the Spanish
proprietors, the number of white inhabitants has likewise been much augmented, and
the climate is not now so prejudicial to the latter as it was before the soil was
cleared of woods, and subjected to cultivations.
The advantage likewise that resulted to the inhabitants of Africa from their transportation
to a civilized country is not now so urgent or exclusive since an enlightened Nation
has undertaken the glorious task of civilizing them in their own land. At the same
time, the general progress of improvement in Europe, and the spirit of humanity which
directed its late transactions, in restoring the political edifice, which the wickedness
of a usurped government had shaken to its foundation, have excited among European
sovreigns [sic] a desire to see this traffic abolished: and at the Congress of Vienna
agreeing on the necessity of the abolition, they occupied themselves in facilitating
its execution by the most amicable negotiations with those powers which had colonies
meeting in me that dispostion which became so laudable an undertaking. Those considerations
moved my royal mind to inform itself from enlightened persons, zealous for the prosperity
of my States, as to the effects which the abolition of the traffic would produce
on them -- Having seen their reports, and being desirous (^to) attain certainty in
a matter of so great importance, I transmitted them to my council of the Indies,
with my royal order of the 14th of June 1815 that it might communicate to me its
opinion and advice. Having collected all these copious materials, and having examined
the propositions which the same supreme tribunal laid before me in its deliberation
of the 15th of Febrary 1816, answering to the confidence which I repose in it and
[considering] coinciding with its opinions respecting the abolition
of the traffic in slaves, and Co.operating with the King of Great Britain by a solemn
treaty, embraceing [sic] all the points of reciprocal interest involved in this important
transaction, and determining that the time for the abolition was arrived, the interest
of my American States being duly Reconciled with the sentiments of my royal mind
and the wishes of all sovreigns, my friends and allies; I have decreed as follows
Art 1st From this day forward I prohibit all my subjects both in the Penninsula and in America from goeing [sic] to buy negroes on the Coast of Africa North of the line. The negroes who may be bought on the said coast shall be declared free in the first part of my dominions at which the Ship in which they are transported shall arrive. The Ship itself, together with the remainder of its Cargo, shall be confiscated to the royal treasury and the purchaser the Captain, the master, and pilot shall be irrevocably condemned to ten years transportation to the Phillippines
Art ii The above punishment does not attach to the trader the Captatin, the master, and pilot of the vessels which sail from any port of my dominions for the Coast of Africa, north of the line, before the 22nd of November of the present year; to which period I grant besides an extension of six months, counting from the above date to complete their voyages.
Art iii From the 30th of May 1820 I equally prohibit all my subjects as well in the Peninsula as in America, from going to purchase negroes along these parts of the Coast of Africa which are to the south of the line under the same penalties imposed in the first article of this decree allowing likewise the space of five months from the above date to complete the voyages that may be undertaken before the above mentioned 30th of May, in which the traffic in Slaves shall cease in all my dominions as well in Spain as in America. --
Art iv Those who using the permission which I grant till the 30th of May 1820, shall purchase slaves on that part of the Coast of Afrcia which lies south of the line, shall not be allowed to carry more slaves than five to two tons of tonanage of their Vessels, and any persons contraveneing[sic] this enactment shall be subjected to the penalty of losing all the Slaves on board who shall be declared free at the first port of my dominions in which the Ship arrives,
Art V This computation is made without a reference to those who may be born during the voyage or to those who may be serving on board as sailors or servants,
"Art Vi Foreign Vessels which may import negroes into any port of my dominions,
shall be subjected to the regulations prescribed in this decree, and in case of contraveneing
then shall be subjected to the penalties containted in it." And my roayal pleasure
being that the above decree should circulate in my dominions of America and Asia
for its punctual observance I communicated it to my supreme Council of the Indies
signed with my own hand under date of the 22nd of September last past; and on its
being published in that tribunal the 1st instant a resolution passes that steps should
be taken to enforce it, and that the said tribunal should for such purpose circulate
this my royal cedula by which I direct all my viceroys, presidents, courts of[jurisdiction]
(^judicature), commandants general, governors, and intendants of the Indies of the
adjacent, and of the Phillipine Islands to keep, fulfill, and execute, and cause
to be kept fulfilled and excuted all that has be enjoined in this my sovrign determination,
without transgressing or contraveneing, or permitting to be transgressed or contravened,
its contents in any way; causing it for that purpose to be published as an order
not only in the Capital Cities but also in the chief Towns of jurisdiction of their
respective Districts and communiating it likewise each in his territory to the tribunals,
justices, Authorities and persons who in any way may be bound to observe it. And
this my Royal cedula shall be attended to by the accountants generals officers of
my said Council
Dated Madrid the December 1817
"Your Majesty prohibits [from] (^for) ever (^all) your subjects
of the Peninsula, as well as [all] of America from purchasing negroes
on the Coasts of Africa, enacting, that voyages for that purpose may not be undertaken
to the Coasts North of the Equator after the 22nd of November nor to those south
of the Equator after the 30th of May 1820 under the penalties specified" and
this Court doth (^further) find that when the said Africans were shipped on board
the said Schooner by the said Montez & Ruiz the same were shipeed under the passports
signed by the Governor General of the Island of Cuba in the following words viz --
[copies of original passes granted to Ruiz and Montez]
which said passports do not truly describe the said persons shippped under the same -- Whereupon the said Claim of the Minister of Spain as set forth in the two libels filed in the name of the United States by the said District Attorney for and in behalf of the Government of Spain and her subjects so far as the same relates to the said Africans named in said claim be dismissed --
And upon the libel filed by said District Attorney in behalf of the United States claiming the said Africans, libelled as aforesaid and now in the Custody of the Marshal of the District of Connecticut under and by virtue of process issued from this Court that they may be delivered to the President of the United States to be transported to Africa -- It is decreed, that the said Africans now in the Custody of said Marshall and libelled and claimed as aforesaid (excepting Antonio Ferrer) be delivered to the President of the United States by the Marshal of the District of Connecticut to be by him transported to Africa in pursuance of the Law of Congress passed March 3rd 1819 entitled "An act in addition to the acts prohibiting the Slave trade."
And after the said decree is pronounced the said United States, claiming as aforesaid 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) move an appeal from the whole and every part of sd. decree, except that part of the same in relation to the said slave Antonio to the next Circuit Court of the United States to be holden at New Haven within and for the District of Connecticut on the last Wednesday of April A.D. Eighteen hundred and forty and it is allowed -- And after said decree is pronounced the said Antonio Tellincas and the said house of Aspa & Laca claimants as aforesaid respectively move and appeal from that part of said decree passed in relation to the goods claimed by them respectively as aforesaid except from so much thereof as sustains their respective claims to sd. goods as owners thereof, and their claims to the restoration thereof to the said Circuit Court to be holden at said New Haven on the day and year last aforesaid, and it is allowed
Attest
Chas. A Ingersoll Clerk
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