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"Mr. Forsyth to Mr. Paulding, 7th January, 1840, and enclosure." U.S. Congress. House. Africans Taken in the Amistad. 26th Congress., 1st sess., 1840.H. Doc. 185.

The Secretary of State to the Secretary of the Navy.

DEPARTMENT OF STATE,
Washington, January 7,1840.

SIR: I have received your letter of the 3d instant, stating that, agreeably to a memorandum furnished you from this department, orders had been given to Lieutenant Commanding John S. Paine, of the schooner Grampus, to proceed off the port of New Haven, and be in readiness to receive on board his vessel the negroes of the Spanish schooner Amistad, for the purpose of conveying them to Cuba, in the event of their delivery being adjudged by the circuit court, before whom the case is pending. It will be expedient for Lieutenant Paine, on his arrival off New Haven, to place himself in communication with Mr. W. S. Holabird, the attorney of the United States for the district of Connecticut, to whom corresponding instructions have been given, in order that he may receive the earliest information of the decision of the court, and advise with him as to the mode of carrying it into effect. I enclose an order from the President to the marshal of the district, directing him to place the negroes at the disposition of Lieutenant Paine, who, on being informed of the decision of the court, will serve it upon the marshal. Lieutenant Paine will likewise receive from the district attorney an authenticated copy of the records, documents, and evidence in the case, which he will convey to Cuba, to be used by the authorities of the island in any proceedings which they may institute in relation to it. On his arrival at Havana, he will give notice of it to the consul, with the enclosed letter, explanatory of the object of his visit; and will, in every respect, conform with such suggestions as he may receive from him with regard to the delivery of the negroes and papers to the authorities of the island. In a letter addressed by this department to the Spanish minister, his interference with the authorities of Cuba has been requested, in order that such testimony as it may be desirable to obtain from Lieutenants Gedney and Meade be taken as speedily as possible.

It is hoped, therefore, that those officers will be detained but a short time at Havana, and that they may return in the Grampus, if it shall suit the convenience of the Navy Department to afford them a passage home in that vessel.

I have the honor to be, sir, your obedient servant,

JOHN FORSYTH.


Hon. JAMES K. PAULDING,
Secretary of the Navy.

[69]

______



The marshal of the United States for the district of Connecticut will deliver over to Lieutenant John S. Paine, of the United States navy, and aid in conveying on board the schooner Grampus, under his command, all the negroes, late of the Spanish schooner Amistad, in his custody, under process now pending before the circuit court of the United States for the disrict of Connecticut. For so doing, this order will be his warrant.

Given under my hand, at the city of Washington, this 7th day of January, A. D. 1840.

M. VAN BUREN.

By the President:
JOHN FORSYTH, Secretary of State.



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