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"Mr. Fox and Mr. Forsyth re. Amistad Case," New York Journal of Commerce, 18 Feb.1841.
From the Washington Globe.
CASE OF THE L'AMISTAD.
In the Senate on Friday last, a message was received from the President of the United States, transmitting copies of correspondence between the State Department and the representatives of foreign Governments relative to the negroes taken on board L'Amistad, which has occurred since his message of the 21st March, 1840.
From the corresponcence we extract a letter of Mr. Fox, the Minister of Great Britain, and the reply thereto of Mr. Forsyth; and we think our readers will agree with us that they furnish a striking exemplification of "the principle of non-intervention, as regards the concerns of other nations," referred to in the Intelligencer of this morning.
Mr. Fox to Mr. Forsyth.
WASHINGTON, Jan. 20, 1841.
SIR: I am instructed to represent to you that the attention of her Majesty's Government
has been seriously directed to the case of certain African negroes, found on board
the Spanish ship "Amistad," the same persons whose cause has been brought
before the courts of law of the United States, and for whom a powerful and humane
interest appears to be felt in this country as well as in England.
It is known to her Majesty's Government that these negroes were imported into Cuba
direct from the coast of Africa, in a Portuguese slave vessel called the Tecora,
in the summer of 1839, and that, shortly after their arrival, they were purchased
as slaves at the Havana by two Spaniards of the names of Jose Ruiz and Pedro Montez.
Ruiz and Montez then placed the negroes on board the schooner Amistad, intending
to convey them to another port in Cuba. It appears that during the voyage, the negroes,
with a view of recovering their liberty, seized possession of the vessel, put the
master to death,and ordered the remaining whites to navigate the vessel to the coast
of Africa. The whites, however, directed their course towards North America, until
they were fallen in with by the United States brig of war, Washington, when the Amistad
was finally brought into the port of New London, in Connecticut. The proceedings
which have taken place subsequently to the arrival of the negroes in the United States
are sufficiently well known to you.
Now, her Majesty's Government have to observe, that, since the year 1820, it has
become unlawful according to the law of Spain, to import negroes from Africa as slaves
into the Spanish dominions, and that, as the negroes here referred to had been newly
imported from Africa into Cuba, and could not by law be [slaves] [text missing] the
19th of December, 1817) was passed in com[pliance] with a treaty obligation to that
effect, by which the crown of Spain has bound itself to the crown of Great Britain,
and for which a valuable compensation, in return, was given by Great Britain to Spain,
as may be seen by reference to the 2d, 3d, and 4th articles of a public treaty concluded
between Great Britain and Spain on the 23d of September 1817.
Her Majesty's Government, therefore, are moved by special and peculiar reasons to
take an interest in the fate of these unfortunate Africans, who are known to have
been illegally and feloniously reduced to slavery by subjects of Spain.
It is next to be observed that Great Britain and the United States have mutually
engaged themselves to each other, by the 10th article of the Treaty of Ghent, to
use their best endeavors for the entire abolition of the African slave trade. And
there can be no doubt of the firm intention of both parties religiously to fulfill
the terms of that engagement.
Now the unfortunate Africans whose case is the subject of the present representation,
have been thrown by accidental circumstances into the hands of the authorities of
the United States; and it may probably depend upon the action of the United States
Government, whether these persons shall recover the freedom to which they are entitled,
or whether they shall be reduced to slavery, in violation of known laws and contracts
publicly passed, prohibiting the continuance of the African slave trade by Spanish
subjects.
It is under these circumstances that Her Majesty's Government anxiously hope that
the President of the United States will find himself empowered to take such measures
in behalf of the aforesaid Africans as shall secure to them the possession of their
liberty, to which, without doubt, they are by law entitled.
I avail myself of this occasion to renew to you the assurances of my distinguished
consideration.
H. S. Fox.
The Hon. JOHN FORSYTH, &c. &c. &c
Mr. Forsyth to Mr. Fox
Department of State
Washington, February 1, 1841
Sir: I have the honor to acknowledge the receipt of your letter of the 20th ultimo,
in which you state that you are instructed to represent to me that the attention
of Her Majesty’s Government has been seriously directed to the case of the negroes
of the Spanish ship “Amistad,” with the anxious hope that the President of the United
States will feel himself empowered to take such measures in their behalf as will
secure to them the possession of their liberty.
Viewing this communication as an evidence of the benevolence of Her Majesty’s Government,--under
which aspect alone it could be entertained by the government of the United States,--I
proceed by the direction of the President, to make, in reply, a few observations
suggested by the the topics of your letter. The narrative presented therein, of the
circumstances which brought these negroes to our shores, is satisfactory evidence
that Her Majesty’s Government is aware that their introduction did not proceed from
the wishes or directions of the Government of the United States. A formal demand
having been made by the Spanish Minister for the delivery of the vessel and property,
including the negroes on board, the grounds upon which it is based have become the
subject of the investigation before the judicial tribunals of the country, which
have not yet pronounced their final decision thereupon. You must be aware, sir, that
the Executive has neither the power nor the disposition to control the proceedings
of the legal tribunals when acting within their appropriate jurisdiction.
With regard to the other considerations presented by you in behalf of the negroes
of the “Amistad,” I have to remark that it is not understood that the facts upon
which they are founded are admitted by the Minister of Her Catholic Majesty; and
this Government would, with great reluctance, erect itself into a tribunal to investigate
such questions between two friendly sovereigns. If, however, these facts are established,
they cannot be without their force and effect in the proper time and place. You have
doubtless observed, from the correspondence published in a Congressional document,
that it is the intention of the Spanish Minister to restore these negroes, should
their delivery to his Government be ordered, to the Island of Cuba, whence the vessel
in which they were found , sailed; where they will be placed under the protection
of the Government of Spain. It is there that questions arising under the Spanish
laws and the treaties of Spain with Great Britain, may be appropriately discussed
and decided; and where a full opportunity will be presented to the Government of
her Majesty the Queen of Great Britain to appeal to the treaty stipulations applicable
to the subject of your letter.
I avail myself of this occasion to renew to you the assurances of my distinguished
consideration.
JOHN FORSYTH.
Henry Stephen Fox, esq.&c.&c.&c.
