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Important from Hartford, by Express--Case of the Captured Africans.
We have received by express from our correspondent at Hartford, Connecticut,
the whole of the proceedings of the Circuit Court, in relation to the case of the
Africans of the Amistad, up to a late hour on Saturday. The report presents the precise
condition of the whole affair at the time our express left. by this report it will
be seen, that the criminal prosecution of the negroes has been abandoned, and that
the several libels and claims to the Amistad, negroes and cargo, which are before
the District Court, including the demand of the district attorney, on behalf of the
government of the United States, are suspended, and await the action of the Circuit
Court on the habeas corpus for the discharge of the children. The settlement of this
question decides the whole matter, provided Judge Thompson releases the children
on the ground of the want of jurisdiction. If he decides against the habeas corpus,
then all the Africans must be held in custody by the Marshal, subject to the future
action of the District Court.
In the meantime the whole subject acquires a deeply additional interest in the public
mind. It involves principles of the greatest magnitude to the country, and from every
part it seems to take the shape of a struggle between the government and the Abolitionists
for the possession of the Africans. The U.S. government wants to get them to deliver
them up to the Spanish authorities--and Lewis Tappan and Co. want to get them, to
make saints of them. The U. S. court holds possession, and the keeper of the Hartford
prison keeps the lock and key, feeds them on rice and milk, and shows them to the
beautiful women of Connecticut at a shilling a head. Our correspondent at Hartford
is still on the ground, and tomorrow or next day, we expect further additional intelligence
of these “poor Africans,” as the lovely women call them, who have nothing to do,
but eat, drink, and turn somersets--a far more happy life than they ever enjoyed
in Africa.
HARTFORD, September 19th.
The grand jury stated to the court this morning, that they had before them several bills of indictment for murder and piracy, alleged to have been committed on board the Amistad, and asked for a change in relation to the subject. Judge Thompson said the court could not instruct the grand jury, except upon a statement of the facts they had found. The grand jury retired, and heard the following evidence:
Secret Evidence before the Grand Jury.
Pedro Montez, (Mr. Purroy of New York being sworn as interpreter.) --He
purchased 4 slaves, 3 girls and one boy, early in June last, at the house of a tobacconist
in Machandas street, in Havana. Had seen these blacks before at the same place The
Amistad sailed on the 28th; had shipped the slaves the day before; sailed at 4 P.M.;
had no difficulty in the vessel for 4 days. On the 1st of July, the negroes rose
and captured the vessel Witness was sleeping on the trunk (9 feet wide) on the larboard
side aft ; was first awoke by the attack on the cook Selestino; heard the slaves,
but heard nothing from the cook; there was great noise and confusion, and he could
not distinguish the different sounds; heard the cook thrown overboard; saw him after
he was attacked, lying in the after part of the long boat, on his back, breathing
his last, with seven gashes in his head ; cook slept in the long boat--the boat was
in the waist, on the larboard side, near the cabin. As witness approached the slaves,
they ran behind the foresail. The captain was sleeping over the tiller on a coop;
did not see the first attack on the captain ; the captain seized the tiller, and
witness then saw him. Witness went forward to quell the revolt and the slaves then
attacked him. They struck him on the head and stunned him. Witness then ran aft into
the cabin, where he staid till morning. About daylight Joseph came into the cabin,
and witness covered himself with a sail cloth. Joseph struck him with a cane knife,
but the cloth saved his life. Another slave interceded for witness, and Joseph desisted.
The blacks often threatened to kill him, but he was never struck or violently assaulted
afterwards. A sailor had the helm--all except him were asleep. When the captain went
aft, they attacked witness ; the captain said, “attack them, for they have killed
the cook.” The next morning the captain, cook, and sailors were missing, and he supposed
they were killed. The blacks were all at liberty, some on deck and some below. L’Amistad
is a Spanish built vessel, of 68 tons burden. Witness supposes it was between two
or three in the morning when the murder was committed--it was a little light. They
brought witness on deck and tied him to Ruiz; they ordered him to go to Africa; he
kept beating about in the vicinity of the Bahamas for several days, in the hopes
of meeting a vessel. This was four days after the murder; had very little water on
board, and the slaves wished to go for water; witness asked them if they desired
to go to a free country; they said yes, and witness steered for New Providence; arrived
there in four or five days; anchored and got out the boat, but did not go ashore,
as they saw a smoke and became frightened; said there were white people; the negroes
then told him to go where they could get water; Witness got under way and went to
Exuma. 18 leagues from New Providence, where they got a supply of water. Here the
blacks made much of witness and were very happy--saw nobody here, but heard a chicken--the
negroes did not allow him or Ruiz to go ashore. After being there three days, they
pa[r]ted the cable in the night--witness was asleep--they waked him, and he again
steered for New Providence--next day met two fishing vessels; then steered eastward--at
night were 5 or 6 leagues from New Providence--anchored and stayed till morning.
Witness tried to stay about in the vicinity, in the hope of falling in with a vessel----stayed
7 days ; then steered for Callao--anchored every night when possible, and sailed
in the day. Blacks ordered him to steer for Africa--witness told them he could not,
because he had no instruments; 4th day after saw an American ship--and subsequently
saw many vessels; the whites were always sent below out of sight, when vessels were
near--witness never saw the negroes board any vessel--When the pilot boat hailed
the Amistad, they learned that they were near New York; and said they would kill
witness, and laid him down on the deck, and sung the death song round him; all joined
in the song and in the threats. Joseph was about to kill witness when three of the
blacks took him off. Next day witness was set to mending sails--soon after they sailed
to the eastward, saw a pilot boat hovering about--next day saw two more pilot boats,
one with many men on board --negroes armed themselves--they made him steer for the
east in the day time, and in the night he steered for land. He steered a N.W. course,
knowing that would take him to the American coast. In 3 days he saw the light (Montauk)--it
was in the night. Witness kept still, and ran the vessel as near to the land as possible
before he waked the negroes--pretended not to know it was land, because he was afraid
the negroes would kill him. The negroes said the light was in their own country in
Africa, and told him to go ashore--Witness knew what country it was, and told Antonio
to hide the oars of the boat, intending to make his escape. Joseph found them and
took them away. There was no money in the trunks when opened by Lieutenant Meade--no
money aboard. Cinguez had the command, and took the girls into the cabin to live
with him. Witness saw his slaves two months before he bought them in Havana. The
negroes broke open the boxes, destroyed the goods, and made dresses of them. Witness
paid $1300 for the slaves.
Jose Ruis --I bought 49 slaves in June last, in the public market in Havana.
They were embarked in open day, and were at liberty to go to any part of the vessel.
The hatchway was always open. I was awoke by the noise of the mutiny, and took an
oar, and tried to stop the disturbance. There was confusion and uproar, and I can
not tell precisely what took place. I heard the captain say they have killed the
cook, a went down into the cabin and begged the negroes not to kill me and Montez,
and they made signs that they would not hurt me. Joseph seemed to be the strongest,
and took the command. After a few days the negroes had a meeting, and apparently
chose him for a leader. The captain, cook, and two sailors were missing the next
morning, after the disturbance, and Montez and myself supposed they were killed.
Antonio told us they had [escaped] in the [canoe]. One day saw a schooner, with Kingston
on her stern, and a black spot on one sail. She came along side L’Amistad, and one
white man, and one mulatto came on board. The blacks let me come on deck while these
men were on board. This vessel took the Amistad in tow, and furnished the negroes
with potatoes and water. I suppose this vessel was commanded by Captain Sears. Bannah
one of the slaves, speaks a little English. I always understood that they meant to
kill Montez. I bought all the negroes of one man. There was no amount of money on
board the L’Amistad--perhaps between two and three hundred dollars.
The rest of Ruis’s testimony was a repetition of that of Montez, which Ruiz corroborated
in every particular where the circumstances came under his observation.
Lieut. Meade, of the U. S. Brig Washington .--We were running a line from
Gardner’s Island Point to Montauk. I was on the watch. We discovered the vessel,
and as we approached, we saw wagons on shore. At my instance a boat was manned with
six men, and I took possession of L’Amistad. Joseph was a part of the negroes on
shore. I drove those on board below, and fastened on the hatch. Those on shore were
shortly after secured. The hatch was subsequently removed, and Joseph bounded on
the deck, and sprang overboard. He dove and swam with great dexterity, and was only
caught after severe chase of twenty minutes. While overboard, he appeared to be working
at his throat and waist. When captured again he was put in irons.
Antonio--(This witness testified substantially to the same facts as the Spaniards,
as far as he saw.) The captain was first struck by [Fuquerus]; he struck him twice
with a cane knife.(The knife was presented to the grand jury--it is a most formidable
weapon in the hands of a resolute man,[c]ould be wielded with deadly effect; it is
about 3 feet long. 3 or 4 inches wide at the end, and narrowing until it enters the
handle, where it is about one inch and half wide; the handle is of horn with a knob
at the end.) When the slaves attacked the cook, the captain ordered him to throw
some bread among them; Joseph and Fuquerus threw the captain overboard; the captain
always treated the slaves kindly, and gave them enough to eat.
The main part of Antonio’s testimony before the grand jury, was repeated before the
court, and will be found in another part of this paper.
The grand jury, on the above evidence found: ‘That a Spanish vessel built in Cuba
called the “Amistad,” duly and legally licensed to carry on the coasting trade, sailed
from Havana, on the 28th day of June, 1839, commanded by Ramon Ferrer, for the port
of Guanaga, in the Island of Cuba, having on board a cargo of sundry articles of
merchandise, two Spanish citizens passengers, with 53 negroes purchased by them as
ladinos , (ladino means in English those who have been on the island some
time, but were not born there) in the city of Havana, with regular permits for the
Spaniards negroes, and merchandise. That about four days after her sailing, when
5 or 6 leagues from the coast of Cuba, and 46 from Havana, the negroes rose upon
and killed the master and one of the crew of the vessel, and took charge of the same,
and wounded and injured the two Spanish passengers That on the 26th of August last,
the said schooner was found in the waters of the United States, near the west end
of Long Island, and within one mile of the shore, in possession of the negroes aforesaid,
from whom she was captured by the United States brig Washington, commanded by lieutenant
commander Thomas Gedney, and brought into the port of New London, in the district
of Connecticut, where said negroes were apprehended by the Marshal of this district,
in whose custody they now are. That while said vessel was in the possession of said
negroes, the boxes and trunks of goods were broken open by them, and some of the
goods they appropriated to their own use.”
On this finding of the grand jury, the court decided that it had no jurisdiction
in this offence, if it was an offence at all, and on this point the court had no
opinion to give. The vessel was under a Spanish commander, sailing under Spanish
colors, and, in every respect, a Spanish vessel; and the courts f the United States
have no jurisdiction over offences committed on board foreign vessels. This offence
stands in precisely the same circumstances as if committed on the Island of Cuba
The court has jurisdiction over offences committed against the laws of nations, but
this is not such an offence. Under this state of facts, therefore, the court has
no hesitation in saying that it has no jurisdiction, and that you cannot find a bill.
The grand jury was then discharged.
September 20th,
On the opening of the circuit court this morning, Mr. Sedgewick, in behalf of
the African children detained as witnesses, answered to the return of the marshal
on the application for habeas corpus to set them at liberty. He stated that they
were not, and never had been slaves; that they had been but a short time in Havana;
that they were native Africans, and had been seized in Africa by Montez or his agents,
and transported to Cuba in a Spanish or Portuguese vessel, contrary to the laws of
Spain; that they were privately landed in Havana, and privately shipped from there
by Montez; that after great perils and suffering, for several weeks, they came to
this country, and were captured and held in duress by the marshal. He then read a
decree from the King of Spain, prohibiting the slave trade, and an other from the
Queen of Spain of the same tenor. He concluded by ave[]ring that the return of the
marshal is not sufficient, and praying for judgment accordingly. In support of the
declaration that the children are native Africans, affidavits were introduced from
two negroes, stating that the children could not speak either English or Spanish,
and that they had no doubt they were natives of Africa, and they believed them to
be Foula Mandingoes.
Mr. Ingersoll, for the Spaniards, made a suggestion whether the court would go into
an inquiry, while the matter was pending in the district court. The libel of the
district attorney (described in my letter yesterday) claims that the blacks should
all be held by the government to be restored to Africa, if they are not slaves, by
the law of Spain. If, therefore, on a mere preliminary question, the chief matter
was forced into discussion and settled in this summary way, great injustice might
be done to the parties.
Mr. Baldwin went into an elaborate argument in behalf of the children and the rest
of the Africans. He considered the whole ground on which the matter rested, and made,
as he always does, a forcible and ingenious argument--he reprobated the conduct of
the district attorney, and inquired with a sneer, whether the officers of the executive
were to become slave catchers for the Spanish government. He lashed Montez as an
abettor, an auxiliary of the slaver, and said his claim ought to be scouted from
the tribunals of a free country. No power in earth had a right, he said, to restore
these children again to the condition of slaves. He ridiculed Lieut. Gedney’s claim
for salvage, and asked how it would answer to follow out the idea of property,
and sell the sick negroes as perishable?
Every thing considered, he presented the case in the strongest light of which it
was susceptible, and closed with an effective appeal to the sympathies of the court.
Mr Ingersoll spoke briefly in reply. he had not supposed that, on a preliminary motion,
the question in chief was to be argued, or that the gentleman [Mr. B.] would have
thought it necessary to spend the whole forenoon in the discussion; and he was greatly
surprised that he should have thought proper to taunt the unfortunate Spanish gentleman
with living in a country where slavery was tolerated. Such remarks were very well
when addressed to the audience, but they were thrown away on such a court Mr. I.
cited authorities to show that the slaves had been recognized as property, and he
insisted most strenuously on the validity of the claim put in by the Spanish gentleman.
Mr. Staples followed. He did not know what the gentleman meant by calling this a
preliminary question. He supposed this to be the only discussion that was to be had
on the subject. Mr S. then went into a long explanation of the habeas corpus. He
said the negroes in the Amistad were citizens and subjects of a foreign government
; that the habeas corpus spurned the idea of property , and looked only to
the protection of life and liberty. He occupied the attention of the court about
three hours--the house all the time crowded to suffocation.
The following deposition was then introduced to show that the children were natives
of Africa. Bahoo, the deponent, is one of the most ignorant and inoffensive of the
blacks, and took no part in the revolt.
DEPOSITION
I, Bahoo, of Bandaboo, of Africa, being duly cautioned, depose and say, that I knew
Marngroo and Kenyee, two little girls now in prison in Hartford; that they were born
in Bandaboo, in Mandingo, and came over in the same vessel that I did to Havana,
as did Penua and the boy Carle; that they were two moons coming from Africa to Havana,
where they staid less than one moon; good many in the vessel, and many died; were
tight together; two and two chained together by hands and feet, night and day, until
near Havana, when the chains were taken off; were landed on the coast at a little
place near sunset; stayed until night, and walked into the city ; put them in an
old building and fastened them in. After some time the people now in jail were put
in the same vessel; they came here in the night, and sailed away about the time the
gun fired. I know these children are the same that came over from Africa and that
Marngroo and Kenyee were born in the same place I was, which was Bandaboo, and further
saith not.
Hartford, Sept. 20, 1839 BAHOO X his mark.
The deposition of Bahoo was accompanied by an affidavit of Augustus William Hanson,
who acted as interpreter, that he verily believed he understood the savage. Mr. Purroy
called up Hanson, to inquire how he could understand him. Hanson stated that he was
a native African, and spoke the same language.
Mr. Purroy.--Of what tribe is Bahoo ?
Int.--A Gallena.
Mr. P.--And what tribe are you of ?
Int.--Mandingo ? Mr. P.--Is the language the same ?
Int.--No sir, but I lived a year among the Gallenas, and learned their language.
Mr. P.--How long since you were brought from Africa? Int--I believe it is 19 years,
but I don’t know. Mr. P.--How old were you then? Int.--About 10. Mr. P--So you lived
with the Gallenas a year before you were 10 years old, and during that time you learned
the language so perfectly that you remember it to this time. Int.--Yes, sir. Mr P--How
did you caution Bahoo to tell the truth? This question was repeated several times,
but the interpreter did not answer it intelligibly.
This Hanson is a cunning fellow, and I have no doubt has either deceived the Abolitionists,
or lends himself to their purposes I have seen him repeatedly with the Africans,
and although he professes to interpret the lingo of several different tribes, it
is questionable whether he understands thoroughly the language of a single black
out of the whole gang
Antonio, the cabin boy of the Amistad, was brought into Court at the instance of
Mr. Ingersoll. His testimony was delivered in Spanish and interpreted by Lieut. Meade,
who understands that language perfectly.
Antonio sworn--His master was Ramon Ferrer, Captain of the Amistad. He was
on board when the little girls were brought on board. They came after the other negroes.
The first negroes came on board in broad daylight. They were none of them chained--they
were all free. They might have been on board the vessel one fourth an hour before
the girls came--not more. They were in the vessel twenty four hours before she sailed.
They went below or stayed on deck, at full liberty, and just as they pleased. They
were never tied. The Captain always fed them well and treated them well. There were
Spanish and Yankee me of war in the port, and English too. There were many vessels
there in pursuit of slavers. The Amistad sailed at 4 o’clock in the afternoon. The
Captain had owned him from a very small boy--had always treated him well, and his
mistress too.
Cross examined.--The slaves had been at Havana half a month. They came in
a vessel called Laforca--she was under the Portuguese flag. They might all
have come together--he did not know. They could not speak Spanish. The Amistad sailed
at 4 o’clock afternoon. The slaves were on board one day before she sailed. she could
not sail before on account of the papers. She lay about a musket shot from the shore.
The Captain paid no attention to the English men of war. There was an awning spread
to keep off the sun. He don’t know the Captain of the Laforca. Don’t know where the
slaves were kept, but supposes along the coast. The Amistad had not before been employed
in transporting slaves. She had made a voyage to Havana with sugar. Don’t know that
the cook ever told the slaves that they were to be killed and eaten. Never said I
heard so.
Question by Mr. Ingersoll.--I don’t know that the slaves came from Africa,
only as they told me so.
Mr. Hungerford followed in a very able and ingenious argument in behalf of the Spanish
claimants. He vindicated the Spaniards from the imputations of the opposite counsel;
and showed that property in human beings had been recognized at different periods,
in all countries. He contended that it was unreasonable and ungenerous to endeavor
to excite a prejudice against these Spanish slaveholders, when slavery was not only
allowed but protected by our own laws He said the insinuations that Montez was a
slaver, or an abettor of the slavers, was unsupported by a shadow of proof. That
he bought the children, not of a slaver, but of a tobacconist in Havana, where such
purchases are sanctioned by the law.
Mr Staples replied in a few words, and the court adjourned until the next morning.
Sept. 21, Saturday Morning.
Judge Thompson delivered the opinion of the court on the habeas corpus prayed
out for the liberation of the African children. The court is not now prepared to
dispose of the case finally. Therefore, any observations that may be made, ought
not to have a bearing on the main question. It is a case of very great difficulty,
and the court feels much embarrassed from the aspect in which it is now presented--The
other Africans are discharged from any criminal accusation; and it is a question
as to what disposition is to be made of them, as well as to the children sought to
be released on the habeas corpus--The embarrassment reaches all, and the discussion
must embrace the whole case n a general and extended point of view. As the children
are brought here on habeas corpus, the court has no cognizance, except on the ground
that they are illegally held by the District Court; for if they are rightfully held,
and by authority of law, this court has no right to take them out of the possession
of that court. If the District court has jurisdiction in the case, it must
be litigated there, and great injustice might be done by disposing of it in this
summary way. If either party is dissatisfied with the decision of the District court,
that party can appeal, in the first place to this court, and finally to the Supreme
Court of the United States. In the judgment of the court, this case is presented
as a question of jurisdiction, and however abhorrent it may be to our feelings, however
desirable that every human being should be set at liberty, we cannot be governed
by our feelings, but only by the law. It has been argued here on the general merits
of the question, that no court can entertain jurisdiction over human beings as property.
Although that proposition is imposing, we cannot shut our eyes to the fact, that
slavery has been recognized by foreign powers, and by our own highest judicial tribunals
That question was opened by the supreme court in the case of the Antelope. The Spanish
decree, prohibiting slavery, was before the court; but, notwithstanding, the court
did entertain jurisdiction. True, the supreme court was divided on the question,
whether the slaves should be restored, but not as to the right to entertain the the
inquiry as to property in human beings. The question was upon whom the burden of
proof rested. The court put it on the ground that you must show property.
The right of property was settled, and this court considers it open to inquiry
in this case.
In the case of the Antelope, there was no question but that the vessel had been properly
put into the possession of the district court. The court had the property, and they
had a right to inquire whose property it was. When the law recognises human beings
as property, it will not do to say it is not open to inquiry.
The question is, is the property rightfully in possession of the district court.
If it is a case coming at all within the spirit of our laws as to the African slave
trade, whatever my own views may be as to the ultimate inquiry, it must be settled
in the ordinary way in the prosecutor of a suit, and not disposed of in this summary
way on a preliminary investigation.
Whether the Spaniards, being citizens of a country where the slave trade is prohibited,
can be allowed to come into our courts to claim these men as property, when, by the
laws of their own country, they are free, is a case to be decided upon its merits,
and is not to be disposed of on an application for a habeas corpus.
The only difficulty in my view is, to determine whether this property is rightfully
in possession of the district court If the court has no jurisdiction, then these
men are held without authority, and must be discharged.
Although the question was accidently touched upon in the arguments yesterday, the
court is not prepared to decide it. We would therefore request the counsel to furnish
another argument on that specific question.
Judge Thompson stated that the counsel could have time sufficient to prepare their
arguments.
Mr. Ingersoll suggested whether it would not be better for the counsel to prepare
their arguments in writing, with the authorities to support them, and send them to
court, in order to give more time for mature deliberation.
Judge T. This would be more satisfactory to the court.
Mr. Staples. This arrangement would be agreeable to us, but there is a strong
sensation in the public mind on this subject, and it is desirable to have the question
settled immediately, if possible.
Judge T. The court is sorry to hear that there is any excitement in
relation to this matter. It is a question to be decided, not by popular feeling,
but by the authority of the law.
The counsel agreed to inform the court in the afternoon what course they would be
ready to adopt.
4 o’clock, P.M.
I have just learned that Mr. Staples, after a consultation with Garrison, Tappan,
and the other abolitionists and negroes has notified the counsel on the other side
that they are prepared to go on with the argument this afternoon, but the District
Attorney informs me, that the court will probably adopt the course proposed by Mr.
Ingersoll, of receiving briefs from the counsel, with the authorities, and decide
the case at an adjourned term of the Circuit Court. If this is done, the Africans
will of course remain in the custody of the marshal for the present. If the court
adjourns to New Haven, as is anticipated, the negroes will be removed there immediately;
if not, they will be held here.
In order to render the proceeding of the grand jury intelligible, it may be necessary
to state that the arguments, on the Habeas Corpus were occasionally interrupted by
the movements of that body, and that their finding, and the decision of the court
on the subject, took place on Friday, and during these interruptions.
