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"Amistad Questions," New York Journal of Commerce, 16 December,
1839, p.2.
For the Journal of Commerce.
THE AFRICANS OF THE AMISTAD.
No.II
Question 1.:--What reason is there to believe that the Africans may not be
fugitives from slavery, but persons brought hither by their own foreign
masters, and introduced into the U.States, with the intent of holding
them as slaves ?
Answer.--Their masters, or the men claiming to be such, deposed before the
District Judge of the State of Connecticut, in the proceedings on board the brig
Washington, in the harbor of New London, that after the revolt of the negroes, instead
of navigating the schooner towards the East as directed by the negroes, one of them
who was at the helm, changed their course at night towards the West, in hopes of
reaching the U. States. Besides, the Spanish newspaper of this city, the Noticioso
de Ambos Mundos, in an article in relation to this matter declares, that “here
there is a Spanish vessel brought by her owners by stratagem and on purpose
to this coast, in order to save their lives and property from the daggers and grasp
of murderers who had mutinied on the high seas, and with the hope of finding an asylum
and protection in this nation.” Again, the same paper says, “the owners or freighters
themselves of this vessel have brought her to this coast, seeking shelter
and protection.”
Question 2.--If the Africans were slaves and were brought into the U. States
by the Spaniards, what reason is there why they should not be held by them here as
their slaves?
Answer.--It is the well settled law of the courts of this country, as well
as of those of England, that if the citizens of other countries bring their slaves
within the U. States, or England, they can not retain them in servitude, and that
by operation of law, they are emancipated the moment they set foot on American or
English soil.
Question 3.--Under the peculiar circumstances of this case, might not the
Spaniards bring in heretheir slaves and hold them till they could make
some disposition of them as such ?
Answer.--The Statute of the U. States declares, that “it shall not be lawful
to import or bring, in any manner whatsoever, into the United States or territories
thereof from any foreign kingdom, place, or country, any negro, mulatto, or
person of color, with intent to hold, sell or dispose of any such negro, mulatto,
or person of color, as a slave, or to be held to service or labor; and any ship,
vessel, or other craft, employed in any importation as aforesaid, shall be liable
to seizure, prosecution and forfeiture, &c. Subsequent sections of the same act
forbid the bringing not only, but the holding of persons such as described
above, by “any person or persons whatsoever,” whether citizens [words illegible]
[resi]dent in the U. States, or transient therein merely, under the penalty of [word
illegible] thousand dollars.
Question 4.--Ought not, then, the Africans to be declared free, and set
at liberty at once, and the Spaniards prosecuted under the laws of the U. States
for violating them?
Answer.--The friends of humanity and law say--yes.*
Question 5.--Are not the Africans “pirates” and “murderers,” as charged and
called in the Spanish paper aforesaid?
Answer.--The Grand Jury, who had before them all the evidence in the matter,
and the Circuit Judge, who was acquainted with all the law on the subject, have,
by their disposition of the Spaniards’ complaint, decided in the negative. QUERE.
__________
*Not all of them, as it respects the prosecution of the Spaniards, to say the least.
These men came in here from necessity,--from distress,--there being not the
slightest reason to suppose they intended to violate our laws. Besides, if the negroes
are not slaves, the law prohibiting the importation of slaves is inapplicable to
the case. Eds., J. C.
