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“Case of the Amistad,” Charleston Courier, 26 Nov. 1839.
[Correspondence of the Commercial Advertiser]
CASE OF THE AMISTAD
HARTFORD, Wednesday Morning, November 20
The Court adjourned at a late hour last evening. The afternoon session was consumed
in hearing the testimony in respect to the position of the Amistad at the time of
the capture by the Washington. The strict rules that govern the practice in common
law courts are not so rigidly enforced in courts of admiralty, and a great deal of
irrelevant and collateral evidence was admitted on the question of jurisdiction.
Green, Foredoom and Conklin, from Sagharbor [sic], were called on to swear to the
situation of the schooner. These men were trafficking with the Negroes at Culloden
Point, and Mr. Green has filed a libel, claiming salvage, for inducing the blacks
to bring some trunks on shore, which he supposes to have contained money. He swore
that Burnah, one of the blacks told him that there were four hundred doubloons in
one of the trunks, and that there was plenty of money on board the schooner.
The object of Green and the others was to get possession of the vessel and effects,
and they endeavored to persude [sic] the blacks to go with her up to Sagharbor, and
to evade the brig. They all swore that the Amistad was not more than thirty rods
from shore when seized. On this point they are expressly contradicted by the officers
of the brig. Lieutenant Meade and Dr. Sharpe concur in stating the distance to have
been at least one half of a mile. The officers of the brig differ materially from
Green and his associates as to the number of blacks on shore at the time of the capture.
Green says there were more than twenty, and the officers say 8 or 9. This is a matter
of some importance in two points of view. The council for the blacks contend that
those who were on shore cannot rightfully be brought out of the state of New York,
whatever might have been the situation of the schr. And Green contends that he assisted
in the capture by detaining a large number of the blacks on shore. The cabin boy,
Antonio, who was on shore at the time of the capture, says the number was only 8,
and that 5 went off in the Amistad’s boat and 3 in the brig’s boat.
Burnah, the black who speaks a little English, was introduced by the district attorney,
and his manner and replies to different questions went to discredit the testimony
of Green and his associates.
The evidence of the officers of the brig was perfectly consistent, and was sustained
by the statements of those gentlemen who went out in the cutter at the instance [sic]
of Judge Judson, to ascertain with absolute certainly where the Amistad lay.
Fordham made some amusement in his evidence for the Court and the crowded auditory.
He said two trunks were brought on shore by the blacks. “Joseph Jingua,” said he,
“lifted one trunk, and I heard the money rattle. Me and another nigger lifted
the other trunk, and then I heard some more money.--So we determined to have the
vessel at all hazards--forcibly if we can, peaceably if we must.”
Mr. Holabird, on the opening of the Court this morning,offered a new libel in behalf
of the Spanish consul, to enable him, or somebody else, to return Antonio, the cabin
boy, to the widow of his deceased master at Havana. No objection was made to this,
though it seemed to be unnecessary, as there was no process of any kind against the
boy. Jingua and six others of the blacks were brought into Court to testify to the
position of the schooner and the number on shore at the time of capture.
The district attorney filed another claim, giving the Court to understand that the
Spanish minister had officially presented a claim to the government of the United
States, setting forth that the Amistad, cargo and slaves, the property of Spanish
citizens, were taken possession of by a public armed brig, and brought into the jurisdictional
limits of the Court, under such circumstances as to make it the duty of the government
to cause the property to be restored to the true owners thereof, without delay, as
required by our treaty stipulations with Spain. And the attorney farther prayed,
that if the claim should be well founded, the Court would make such order for the
disposal of the vessel, cargo and slaves, as would comply with our obligations to
Spain, and preserve the faith of the government.
Mr. Baldwin moved for a short postponement of the case, on account of the sudden
indisposition of Covey, the interpreter from the Buzzard. After some conversation
between the bar and the Court, it was determined to adjourn, to meet at New Haven
on the first Tuesday of January next. The Court then adjourned, to meet at
2 o’clock in the afternoon to hear the testimony of Dr. Madden, a member of the mixed
commission at Havana. His evidence is claimed to be of great importance by the counsel
for the slaves, and as he is obliged to go to England in a few days, it was agreed
that his deposition would be taken subject to the exception of the district attorney
hereafter.
The Africans were sent back to New Haven in the afternoon. So the whole matter lies
over to January.
