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New York Journal of Commerce, January 15, 1840.
THE AMISTAD AFRICANS.--Judge Judson on Monday pronounced his decision in the case
of these negroes, which may be found on our first page. He declares them free, with
the exception of Antoine, and decided that, by virtue of existing laws, they ought
to be committed to the care of the U. States government, for the purpose of being
restored to the land from which they were stolen. This decision will give general
satisfaction and we understand it will not probably be appealed from. 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 23rd 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 H:arbor, 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 they
cannot enslave these Africans, and therefore connot 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 2nd. sec. of the Act of March 3, 1819, and the 1st. sec. of the law of 1815,
still in force, to be transported to Africa, there to be delivered to the agent appointed
to receive and conduct them home.
