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"Mr. Forsyth to Mr. Holabird, 17th January, 1840." 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 17, 1840.
SIR: The instructions in my communication of the 12th instant, in relation to
the case of the Amistad, the decision of which has been received at this department,
would probably supersede the necessity of any further directions as to the course
left for you to pursue. For fear, however, that that communication should not have
reached you, I have to acquaint you with the desire of the President that you take
the necessary measures to carry the case, by appeal, to the circuit court, both on
that branch of the decision which relates to the negroes, and that which grants salvage
on the vessel and the goods found on board. That part which concerns the slave Antonio
is not to be disturbed; and instructions will be forwarded to you, designating the
parties to whom he is to be delivered up.
From information which has reached this department, there appears to be a disposition
on the part of the parties interested in the vessel and cargo either to sell the
property, and deposite the proceeds to abide the final issue of the case, or to ask
the delivery of it on bond, to answer the same contingency. With a view to save the
property from further loss by deterioration, you are desired to countenance any movement
that may be made in this regard by the proper persons, taking care that the rights
of all be effectually and equally protected; but no proposition, in this particular,
is to be made by you without further instructions from this department, which will
be given if the Spanish minister shall request them.
I am, sir, your obedient servant,
JOHN FORSYTH.
W. S. HOLABIRD, Esq., Attorney
U. S. District of Connecticut, New Haven.
