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Richmond Enquirer, September 24, 1839, p.2
THE CAPTURED AFRICANS.--The New Haven correspondent of the New York Herald writes,--
A formal demand has been made by the Spanish Minister for L'Amistad and cargo, but
the Marshal has received no official intimation of the fact, and the blacks are to
be transported to Hartford on Saturday. The Court sits on Tuesday next. A very intelligent
and competent Grand Jury has been constituted, and every precaution adopted to secure
a fair and impartial examination. It is not supposed that bills can be found against
more than four of the Africans. The others are legally and morally non compos
mentis --incapable of discriminating between good and evil, and of course not
accountable for any action performed under the compulsory process of Cinquez and
his lash.--The idea of driving out a writ of Habeas Corpus, and thus setting them
all at liberty, is still cherished by Tappan, but is discountenanced by their very
able and respectable counsel here. The counsel anticipate their discharge by Judge
Thompson, but they will not try the Habeas Corpus. They will contend that they cannot
be given up, because there is no law of Congress to authorize it, and as they are
not slaves under the law of Spain, and they are not to be deemed or taken as merchandize,
and of course cannot be demanded under the stipulations of our Treaty with Spain.
