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"Mr. Forsyth to Mr. Holabird, 6th January, 1840: extracts." U.S. Congress. House. Africans Taken in the Amistad. 26th Congress., 1st sess., 1840.H. Doc. 185.
Mr. Forsyth to Mr. Holabird.
DEPARTMENT OF STATE,
Washington, January 6, 1840.
SIR: Your letter of the 20th ultimo was duly received, and has been laid before the President. The Spanish minister having applied to this department for the use of a vessel of the United States, in the event of the decision of the circuit court in the case of the Amistad being favorable to his former application, to convey the negroes to Cuba, for the purpose of being delivered over to the authorities of that island, the President has, agreeably to your suggestion, taken in connexion with the request of the Spanish minister, ordered a vessel to be in readiness to receive the negroes from the custody of the marshal as soon as their delivery shall have been ordered by the court. As the request of the Spanish minister for the delivery of the negroes to the authorities of Cuba has, for one of its objects, that those people should have an opportunity of proving, before the tribunals of the island, the truth of the allegations made in their behalf in the course of the proceedings before the circuit court that they are not slaves, the President, desirous of affording the Spanish courts every facility that may be derived from this country towards a fair and full investigation of all the circumstances, and particularly of the allegation referred to with regard to the real condition of the negroes, has directed that Lieutenants Gedney and Meade be directed to proceed to Cuba, for the purpose of giving their testimony in any proceedings that may be instituted there in the premises; and that complete records of all those which have been had before the circuit court of your district, including the evidence taken in the cause, be, with the same view, furnished to the Spanish colonial authorities. In obedience to this last mentioned order, you will cause to be prepared an authentic copy of the records of the court in the case, and of all the documents and evidence connected with it, so as to have it ready to be handed over to the commander of the vessel which is to take out the negroes, who will be instructed as to the disposition he is to make of them.
With regard to the schooner Amistad, which the Spanish minister represents not to
be in a condition to be sent to sea, and the goods found on board as part of her
cargo, as the presumption is that the court will decree the same disposition of them
as of the negroes, they are to remain in the custody of the marshal, to be delivered
over to such person as the Spanish minister may appoint; subject, however, in case
of their being sold in the United States, to the legal demands of the custom-house
upon them.
I am, sir, your obedient servant,
JOHN FORSYTH
W. S. HOLABIRD, Esq.,
Att'y U. S. for Dist. of Conn., New Haven.
