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"African Captives in Court," Colored American, Sept. 28, 1939.
THE AFRICAN CAPTIVES.
The excitement caused by the arrival of these strangers on our coast, and their subsequent
capture is still as high as ever. Public opinion is decidedly in favor of their liberation,
[in as] much as they have committed no crime, [neither] legal nor moral, notwithstanding
which [they] are held as prisoners.
They were removed from New Haven to Hartford on the 14th inst., where the trial was
[to take] place on the 17th, as previously announced. The public hotels at Hartford
were filled [with] strangers, who were principally attracted [by] the novelty of
the case.
Judge Thompson not arriving on the first [day of] the Circuit Court was occupied
with other duties. Judge Thompson arrived that evening [after] the adjournment of
the court. On the [18th], on motion of S.P. Staples Esq., the Court granted a writ
of Habeas Corpus, directing [the] Marshall to bring up the three African girls
[...]nd over by Judge Judson to appear as witnesses, and show cause why they were
detained in custody. The writ was made returnable on Thursday morning; counsel for
Ruiz and Montez objected to so early a return on the grounds that the latter was
sick and could not appear in court; but the objection was overruled by Judge Thompson;
who said that the claim of the Spaniards, and also the claim of the American captors
for salvage, would both be considered on the return of the writ.
On the 19th the children were brought into court ; they appeared to be in great affliction,
and wept exceedingly. The answer of the Marshall was read, when Mr. Staples addressed
the court, and requested time to consider the answer, which was allowed. The children
were [then] remanded to prison.
The court was occupied the whole of the [...] day, the 20th, in the case of the Habeas
Corpus. T. Sedgewick, Esq., read the answer [on the] return of the Marshal, and
was ably sup[por]ted by Mr. Baldwin of New Haven. He [...]tended that the children
who were of the ages 7, 8, and 9, were not slaves--nor ever had been--they were free
born--illegally captured, and taken to Havana where they were sold contrary to the
laws of nature and humanity. [...] the laws and ordinances of Spain, in existence
long before the birth of these children. [...] contended that the capture of them
was illegal, felonious and piratical.
Mr. Baldwin’s masterly speech was two hours and a half in length. He spoke with [great]
severity of the conduct of Lieut. Gedney [in] claiming salvage for the “meritorious
service” of aiding the Spanish gentlemen in reducing persons found free to a state
of helpless bondage.
The Grand Jury during the day came into court to inquire whether it had jurisdiction
over the crime of murder and piracy in this case. Judge Thompson replied in the negative.
So the Grand and petty juries were discharged.
Saturday morning was occupied by Judge Thompson, who gave his views on various [?]ints
submitted by the counsel, and on the [question] whether the prisoners were rightfully
detained by the District Court, and if so, the Circuit Court had no right by summary
process to take them out of the possession of the District Court. In the afternoon,
the question was elaborately discussed when the court adjourned to Monday to receive
the opinion of the Court.
On Monday, 28th inst., Judge Thompson gave his decision in full. It was : that the
District Court has jurisdiction, on the ground that the Amistad was captured on the
high seas. He said if it should be proved that the seizure was actually made in the
District of New York, the whole case prisoners and all, must be transferred to the
District Court of New York. Judge Thompson gave no opinion on the other points raised
by the counsel. The Marshall will probably take the prisoners back to New Haven,
to await further proceedings of the District Court which meets in November next.
