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"The Amistad Africans," Charleston Courier,
22 Jan. 1840.
[From the New York Journal of Commerce.]
The Amistad Africans.-Judge Judson, on Monday pronounced his decision in the
case of those negroes. He declares them free, with the exception of Antoine and decides
that, by virtue of existing laws they ought to be committed to the care of the United
States government, for the purpose of being restored to the land from which they
were stolen. Ten days however, were allowed for an appeal to be taken, if desired
by any of the parties interested: otherwise a decree will be issued on the 23d inst.
in conformity to the decision here given. For the sake of those persons who have
not leisure to read the entire Opinion, we will state the principal points, which
are as follows.
1. That the District Court for Connecticut has jurisdiction the schooner having been
taken possession of, in a legal sense, on the “high seas.”
2. That the libel of Thomas R. Gedney and others is properly filed in the District
Court of Connecticut.
3. That the seizers are entitled to salvage, and an appraisement will be ordered,
and one third of that amount and cost will be decreed, just and reasonable.
4. That Green and Fordham, of Sag Harbor, who claim to have taken original possession
of vessel and cargo, cannot sustain their claim and therefore their libels be dismissed.
5. That Ruiz and Montez, through the Spanish Minister, have established no title
to the Africans, as they are undoubtedly Bozal negroes or negroes recently imported
from Africa, in violation of the laws of Spain.
6. That the demand of restoration, to have the question tried in Cuba, made by the
Spanish Minister, cannot be complied with as by their own laws it is certain that
they cannot enslave these Africans and therefore cannot properly demand them for
trial.
7. That Antoine, being a Creole, and legally a slave, and expressing a strong wish
to be returned to Havana, a restoration will be decreed under the treaty of 1795.
8.That these Africans be delivered to the President of the United States, under the
2d. sec. of the Act of March 3, 1839, and the 1st sec. of the law of 1818, still
in force, to be transported to Africa, there to be delivered to the agent appointed
to receive and conduct them home.
