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“Amistad Case---Proceedings of Friday,” New York Journal of Commerce, 13 Jan.
1840.
Amistad Case--Proceedings of Friday.-- On this day the Court was in session
ten hours, and principally occupied with the plea of counsel. The first business
done was the reading of a paper drawn up by the U.S. Attorney, embracing facts in
possession of Antonia G. Vega, Esq., Spanish Consul at Boston. These were committed
to writing under the agreement of the day preceding that they should be received
as testimony in the unavoidable absence of the witness. The substance of the statement
is as follows:
“That he is a Spanish subject; and has resided in the Island of Cuba several years.
That he knows all the laws of that Island on the subject of slavery; that there was
no law that was considered in force in the Island of Cuba, that prohibited the bringing
of African slaves; that the Court of Mixed Commissions had no jurisdiction except
in cases of capture at sea. That newly imported African negroes were constantly brought
to the Island, and after landing, were bonafidely transferred from one owner to another,
without any interference by the local authorities, or the Mixed Commission, and are
held by the owners and recognised as lawful property; that slavery was recognised
in Cuba, by all the laws that were considered in force there. That the native language
of the slaves was kept up on some plantations for years. That the Barocoons are public
markets, where all descriptions of slaves are sold and bought. That the papers of
the Amistad are genuine, and are in the usual form. That it was not necessary to
practice any fraud to obtain such papers from the proper officers of Government.
That none of the papers of the Amistad are signed by Martinez spoken of by R. R.
Madden, in his deposition. That he (Martinez) did not hold the office from which
that paper issued.”
Mr. D.P. James was again called, and said he called upon Mr. Vega in New London,
and put several questions to him. He (Vega) said the slave trade had been prohibited
by Spain, in 1841, he believed. He did not know what the penalty was for breaking
the law. The slave trade was declared to be piracy, or was prohibited, witness understood
him to say.
Marshal Wilcox testified to a conversation he held with Mr. Vega in New London. Don’t
recollect what he said of the law of Cuba, but he said that if the Africans were
sent back, some of them might be executed for murder, but he thought they would not
be held in slavery.
The addresses of counsel here commenced with a two hours speech by W. F. Brainard,
Esq. of counsel for Lieut. Gedney.
He contended that the United States Naval Officers were entitled to the highest rates
of salvage; that the salvage should be enhanced on account of the slaves. He said
the men had a right to regain their liberty, but the court could not liberate them
now. If the laws of Spain allow the slave trade, they are property and ought to be
restored. Whether they are property or not, they ought to be sent to Cuba, that the
Spaniards may carry into effect their own law. He spoke of Capt. Green’s claim for
salvage as absurd.
Gov. Ellsworth, of counsel for Mr. Green, followed. Mr. Green claims salvage for
arresting the negroes when on shore, on Long Island, and rescuing a portion of property.
He disclaimed any wish to raise a finger to produce any result, involving the lives
or freedom of the Africans; but if it becomes the duty of the Court to place these
Africans to become the subjects of salvage, otherwise than by sale of them, his client
has a right to it, and his client alone. He said that neither a pilot nor a national
ship can put in a claim for salvage for the performance of duty. If government let
the slaves go, his clients were content--if not, he asked that they might participate
in the cargo and vessel. He had no wish that any restraint should be put upon these
men for the purpose of realizing money. Ruiz and Montez had gone out of Court, and
abandoned the claim, because they dare not assert it. The matter was left to the
U.S. Government, and the claims of humanity would be vindicated.
W. P. Cleveland, Jr. Esq., next addressed the court in behalf of the owners of a
portion of the merchandize. He said his clients had no interest in the Africans,
having shipped their property from one port to another in the vessel. He denied that
the Naval Officers are entitled to one cent--if they had earned any thing, it belonged
to the government. If salvage is to be awarded, how is the amount to be decreed?
The Court is bound to look at the risk and services of the slavers. [The counsel
indulged here in quite a severe strain of sarcasm upon the danger which the
slavers encountered from these “poor sick dingy Africans.”] He insisted that Mr.
Green and the others were not entitled to salvage; but that if it were decreed, he
hoped the property would be appraised, and restored to the owners upon the payment
of the respective claims.
The Judge said it was a new doctrine to him that the naval officers were entitled
to salvage without special statutory provision, as Mr. E. had asserted, and asked
him to produce his authorities, which he promised to do, and the Court took a recess.
In the afternoon Theodore Sedgwick, Esqr. addressed the Court for the Africans. After
reviewing the facts in the case and the posture of the parties, he argued that Ruiz
and Montez had no claim to the Africans, and denounced the papers of the Amistad
as not sufficient to prove a claim to a horse or a dog. He quoted cases in the books,
and Spanish decrees to show the insufficiency and illegality of the claim of Ruiz
and Montez, in whose shoes the Spanish Minister now stands; condemned the claim of
that officer as wholly illegal, and said there is no tribunal short of Algiers, that
would deprive human beings of their liberty on such proofs as have been produced
here.
Mr. Holibard, U.S. Attorney, followed. He spoke of the case as involving great and
important questions. He said he had nothing to do with any thing but the questions
involved in the claim of the government. He had nothing to do with the claim of salvage
of the officers of the Washington, or Mr. Green. The question of the disposal of
these people was one of deep and delicate interest to the government. The Spanish
minister claims that it is the duty of the government of the United States to surrender
these men. Treaties must be fulfilled. This property--property because it is so considered
by the laws of Spain--should be surrendered. We cannot go beyond the Spanish papers
of the Amistad, and must respect them. We cannot show that they are contrary to the
laws of Spain. The papers are prima facie evidence that the men are slaves;
and it is better evidence that they were in possession of the Spaniards. Slavery
is sanctioned by the law of nations, and if so, is right in nations where no law
exists to the contrary; and it is presumed that no Spanish law forbids the slave
trade. He referred to Mr. Vega’s testimony; and concluded by arguing that if Ruiz
and Montez had been engaged in an illegal traffic, it is the duty of this government
to send the blacks to the Spanish authorities and he claimed that the men should
be held, subject to such action as the government deem proper.
R. S. Baldwin, Esq., for the Africans, addressed the Court for nearly three hours;
reviewing the whole ground and testimony, examining the papers, quoted treaties and
the law of nations, commented upon the course of Captain Gedney and his officers,
the District Attorney and Spanish Minister. He trusted the Court and Government would
rejoice to get rid of this embarrassing question, and that the Africans would be
set at liberty.
