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Richmond Enquirer, September 24, 1839, p.2, trial account.
CASE OF THE AMISTAD.
Correspondence of the N.Y. Evening Post
Hartford, Friday, Sept. 20, P.M.
GENTLEMEN--I will endeavor to give you a succinct statement of what has been done
at this place in the Circuit Court since its opening. On Tuesday, the 17th, Judge
Thompson not having arrived, the Court was opened by District Judge, A.T. Judson,
Esq., and the charge delivered by him to the Grand Jury. It contained, however, nothing
in relation to the Africans of the Amistad, except an intimation than[sic} an additional
charge might be expected from the Circuit Judge on this subject.
On Wednesday, Judge Thompson took his seat, and the Court proceeded to try
the case of Palmer vs A.G. Phelps of New York, arising out of a building contract,
which consumed the whole day. In the afternoon the Counsel for the blacks, Messrs.
S. P. Staples and Theodore Sedgwick, Jr. of New York and R. F. Baldwin of New Haven,
moved for a habeas corpus to the Marshal, directing him to bring up the three African
girls, they being the only ones not implicated in the criminal charge, and not bound
over to await the action of the Grand Jury. The writ was granted as prayed for, and
made returnable the next morning. The Counsel for claimants of the blacks opposed
so early a day; but the Court over-ruled the objection.
On Thursday, the Court being still busy with the case of Palmer and Phelps, the
matter of the habeas corpus was postponed till the afternoon, and the District Court
was opened by Judge Judson, he quitting the bench of the Circuit Court. The libels
and claims in relation to the Amistad were then read and filed as follows: 1st Lieutenant
Gedney and Meade filed their libel praying for salvage. 2d, One Capt. Green, of Long
Island, by Governor Ellsworth, his Attorney (the Chief Magistrate of Connecticut
still practising at the bar) put in his libel for salvage ----. 3d, Pedro Montes
filed his libel against part of the cargo, and four of the slaves, three girls and
one boy, as his property. 4th, Jose Ruez filed his libel against the remainder of
the slaves and the balance of the property; and lastly, the District Attorney, Mr.
Holabird, filed a claim under Lieut. Gedney's libel, on two distinct grounds: one
that these Africans had been claimed by the Government of Spain, and ought to be
retained by the pleasure of the Executive might be known as as to that demand; and
the other, that they should be held subject to the disposition of the President,
to be re-transported to Africa, under the act of 1819.
The Spanish Consul also asked leaved to file a libel in behalf of the owners abroad.
The Counsel who appeared for the Spanish owners abroad. The Counsel who appeared
for the Spanish owners were Messrs. Ralph Ingersoll and Mr. Hungerford, of this State,
and Mr. Porfoy [sp.?]
of New York.
The only matter of consequence which occurred at this time, was that, the District
Judge said he had come to the decision that there could be no claim for salvage as
to the Africans.*
Thursday, P.M.--The three African girls were brought into court weeping, and
evidently much terrified at the separation from their companions. The eldest is but
about eleven years of age. The marshal then made his return, and justified the detention
of these negroes under the libel of Lieutenant Gadney--the claim of the U.S., the
libel of Pedro Montes, and also under an order of the District Judge, committing
them as witnesses to appear at this court. The counsel for the Africans asked leave
to consider this return, and it was granted till the next morning. The poor little
children were remanded,and the court was occupied the rest of the day with the trial
of a Spanish negro for a larceny committed on board an American vessel at Porto Rico
.
To day (Friday) at the opening of the court the matter of the habeas corpus was
called up, and Mr. Sedgwick read the answer to the return, setting out at length
the Spanish decrees suppressing the slave trade, and alleging these Africans to have
been born and still of right to be free. Mr. Baldwin followed in a very elaborate
argument, denying the jurisdiction of the court as the property was found at Long
Island, and in the District of New York--the right of Gedney as salvor--the claim
of Montes as purchaser of slaves illegally imported into Cuba,and the authority of
the District Attorney to make any claim in behalf of the Spanish Government, or of
that of the United States. In regard to their being recognized as witnesses, an offer
was made to give security for them, and in relation to the claim of Lieutenant Gedney,
court remarked that, under the decision of the District Judge, they could not be
held by any process under that libel. Thus two of the obstacles to their discharge
were removed. Remained the libel of the alleged owner and the claim of the United
States.
Mr. Ralph Ingersoll replied to Mr. Baldwin, insisting that the rights of the
owners were the proper subjects of the cognizance of the District Court , and that
this court should not interfere by this summary process to deprive them of the opportunity
of establishing those rights--He further insisted that, by the treaty of 1795 with
Spain the rights of these owners were guaranteed, and that the President was bound
to surrender them.
The argument was not interrupted by the Grand Jury coming in and requesting the court
to give them instructions respecting the murder alleged to have been committed on
board of the Amistad. They presented a statement of the facts, as they have been
repeatedly published already, and this the court took time to consider.
On the re opening of the Court at 2 P.M., the Court delivered its charge to the Grand
Jury, instructing them that the offence of Cinguez and his associates (if offence
it was) being committed on board a Spanish vessel was not cognizable in our Courts.
This finally disposed of the question which has so long vexed the papers, whether
these Africans could be capitally punished in this country, and the Grand Jury, having
no other business before them were discharged.
At the hour I write, 3 P.M., Mr. Staples has just opened his reply to Mr. Ingersoll
in support of the writ. You will perceive that by the dismissal of the criminal charge
and the salvor's libel the matter is much simplified, and changes of discharge greatly
increased--but still, unless they decide the question on the ground of what of jurisdiction,
the Court may, and I think will, remand the prisoners, to give time either for the
owners to establish their rights, (if rights they have) or for the Federal Executive
to interpose, if it see fit to do so. One thing is certain, if the prisoners named
in this writ are discharged, the liberation of all the others must immediately and
inevitably follow. The argument will probably consume the rest of the day. The decision
may be expected to-morrow morning.
*On the ground, as the Correspondent of the New York Commercial states, "that
only property could be liable for salvage, and that these men could not be regarded
in this State as property."
