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"Trial," New York Morning Herald, 22 Nov. 1839.
AMISTAD CASE POSTPONED.
HARTFORD, WEDNESDAY EVENING.
"The King of France, with a hundred thousand men,
Marched up a hill, and then--marched down again."
The Amistad case has got the go by, and the parties will have to commence again di
novo, on the 7th of January. James Covey, the Buzzard interpreter, has an attack
of the gout, or some similar disorder, contracted under the luxurious feed of the
New Haven theological students, and the court has adjourned in order to give the
savans a chance to nurse up the nigger. The court sat a couple of days, and
the whole time was spent on a mere preliminary question as to the jurisdiction of
the court. Covey is wanted to help the Africans swear as to the position of the Amistad,
and the number of niggers on shore at the time of the capture. If the negro evidence
is no more consistent or credible than that of the worthies from Sag Harbor who are
here claiming salvage, it will be like self-righteousness, the more the abolitionists
have of it the worse they will be off.
Lieutenant Meade stated the circumstances of the capture with great clearness and
precision, and with a manly air of frankness and candor that carried conviction to
the mind of every body in the court except the niggers, white and black.
Leavitt, who is here reporting for the New York penny nigger paper, was not particularly
edified by the testimony, and he grunted and groaned with much perseverance.
Dr. Sharpe also gave his testimony with great accuracy and in a tone of sincerity
that left no room for doubt in the minds of the auditory.
The Sag Harbor men say there were over twenty blacks on shore at the time of the
capture, and they found their claim in part on this fact, as they pretend to have
induced them to have remained, and thus assisted in the capture.
Lieutenant Meade says there was considerable excitement on board the Amistad when
the boats came off but he thinks there were eight or, at most, nine blacks that came
from the shore.
Lieutenant Porter, who brought the blacks off, is certain that there were eight,
and no more.
Antonio, the Spanish cabin boy of the Amistad, is positive that there were eight,
and he remembers the names of each individual.
The evidence of the slavers from Sag Harbor must be taken with some grains of allowance,
for they were all swearing collaterally to support their own claim.
Mr. Fordham, in his evidence, reminded us of the old story of "Captain Rice,
he gave a treat."
Captain Green, said he, came to my house, and asked me would I go a gunning? I said
as how I thought I would. After a parcel of irrelevant nonsense, he said, to make
along story short, there was two trunks came ashore, and I thought they looked as
though they had money in 'em. Sinqua took up one and then I heard the money rattle--and
I and another nigger took up t'other one, and then I heard some more money. So I
said to Capt. Green, Capt. Green, says I, we must have that are vessel, forcibly
if we can, peaceably if we must.
On the opening of the court this morning, the District Attorney offered libel in
behalf of the Spanish Consul, who was present, the object of which was to enable
the consul or somebody else to return the cabin boy Antonio to the widow of his deceased
master, Ramon Ferrer, the captain of the Amistad.
No objection was made to this, as there is no process of any kind against him.
Sinqua and the other blacks, who were sent here from New Haven as a committee on
the part of the Africans generally, were brought into court. At the insistence of
Mr. Baldwin, Professor Gibbs, who professes to understand their lingo, was called
up to interpret for them. After some grotesque distortions of countenance, he gave
up the attempt in despair. The District Attorney then presented the following claim:--
DISTRICT OF CONNECTICUT, SS.
SPECIAL DISTRICT COURT, NOV. 19, 1839.. Thomas R. Gedney vs. Schooner Amistad.--
Be it remembered that on the nineteenth day of November, A. D. 1839, William S. Hollabird,
and in behalf of the United States, gave the court to understand that the duly accredited
minister of her Catholic Majesty, the Queen of Spain, to the United States has officially
presented to the government of the United States a claim, which is now binding upon
the United States, setting forth and averring that said vessel, called the Amistad,and
her cargo aforesaid, together with certain slaves on board of the said vessel, are
the property of Spanish subjects, and that said vessel, cargo, and slaves, while
so being the property of said Spanish subjects, arrived within the jurisdictional
limits of the United States and of this court, and when taken possession of by said
public armed brig of the United States, under such circumstances as to make it the
duty of the government of the United States to cause said vessel, cargo and slaves,
being the property of said Spanish subjects, to be restored to the true proprietors
and owners of the same without further hindrance or detention, as required by the
treaty now in full force between the United States and Spain.
Now said Attorney, in behalf of the United States, prays this honorable
court, that in case the claim aforesaid is well founded and comformable to the treaty
aforesaid, that this court will make such order for the disposal of said vessel,
cargo, and slaves, as may best enable the United States to comply with their treaty
stipulations, and preserve the faith of the government.
W.S. HOLLABIRD, U.S. Dist. Attorney
Mr. Baldwin asked for a postponement on account of the absence of the interpreter
Covey,whose assistance was necessary in order to obtain the evidence of the Africans,
not only on the main question, but also in reference to the point of jurisdiction.
After the matter had been talked over for a while, the judge decided that the court
should adjourn to meet at New Haven on Tuesday, the 7th of January next.
The evidence of Dr. Madden, a member of the mixed commission at Havana, was taken
at the judge's room at the City Hotel. The District Attorney consented to have the
Dr.'s testimony taken in the form of a deposition, reserving the right to take exceptions
on the trial of the merits of the case.
The substance of Dr. Madden's testimony has been already published in several of
the papers. He says the Africans of the Amistad are entitled to their freedom in
Havana by the laws of Spain.
