Timeline supplement: November 19th, 1839 -- United States District Court Proceedings Beneath the paramount issues of race, international law, and freedom being argued in the case there were many other matters of business Judge Andrew T. Judson needed to address in his District Court decision. Numerous parties were involved, some of which are rarely mentioned now. The legal stances of these individuals were presented only in writing, and never debated openly in Court. The complexity of the case, and its subsequent drama, arose from these smaller matters. They represented the day-to-day application of any sweeping decisions Judson made in regards to the larger principles. Whatever Judson decided in regards to any one party inevitably dictated the outcome of all others. Although filing for the case began on September 19th, the first day of the actual trial was November 19th in Hartford, Connecticut. Immediately, the two primary issues of the case came to the forefront, and began to be heavily debated. The first issue involved the jurisdiction of the Connecticut courts. The Africans' defense submitted a plea in abatement. The plea tried to remove the case from Connecticut courts on the basis that Lt. Gedney had illegally towed the Amistad out of the State of New York's jurisdiction . To argue this successfully the defense had to prove that the vessel was actually anchored within the boundaries of New York. The second aspect of the jurisdictional argument involved the Africans on shore when Lt. Gedney seized the Amistad. Again, the belief was that these Africans were illegally taken out of the purview of New York's courts. The testimony of Henry Green in favor of the Africans, however, was easily offset by the testimonies of Lt. Gedney and Lt. Mead and others from the U.S. Brig Washington. The plea in abatement quickly became a losing battle for the defense. The second issue, forever to dominate the case and its legacy, was that of the personal liberty of the Africans. Were they free men or were they property? Arguments began on November 19th, but were postponed to January 7th, 1840 by a general agreement. Robert Madden (through a deposition taken on November 20, 1839), James Covey, Yale professor Josiah W. Gibbs, and three of the Africans themselves testified for the defense. Each insisted that all of the Africans were Bozales, recently (and illegally) imported Africans, and not Ladinos, slaves residing in Cuba. The prosecution stood by Ruiz and Montez's "proof" of ownership (passes signed by the corrupt Governor General of Cuba saying the Africans were Ladinos), their "possession" of the Africans while on board the Amistad (even after the Africans' self-emancipation), and most importantly treaties between Spain and America. According to the prosecution such treaties, as well as the general laws of nations, demanded the Africans be returned to Spanish jurisdiction On January 13th, Judge Judson announced his decision. He began by denying the
defense's plea in abatement, saying the Amistad
was taken on the "high seas". The "high seas" is open territory
and does not have a specific jurisdiction. The schooner could have been taken anywhere
by Lt. Gedney. In addition, the Africans on shore "belonged" to the vessel
and so were also on the "high seas". Judson denied Henry Green's claim
for salvage, sustained Lt. Gedney's salvage claim (as it pertained to the material
cargo and not the Africans), and sustained Jose Antonio Tellincas and the house of
Aspa & Laca's claim for a portion of the material cargo. Finally he found the
Africans to be native to Africa, illegally taken from their homes, and forced into
slavery. In doing so, Judson denied the claims of Ruiz, Montez, and the United States
on behalf of Spain. Treaties did not apply to illegal slaves. The Africans were Bozales,
not Ladinos, and the actions of Ruiz and Montez were illegal; not only in the United
States but in Spain as well! "The
law is the same there [Spain], as I pronounced it here. That it is not well executed
is no evidence that the law does not exist." By noting that Spanish law
would find the actions of Ruiz and Montez equally abhorrent, Judson strengthened
his attack on the fraudulent practices of the Spaniards. He ordered the Africans
released to the President of the United States to be returned to Africa in accordance
to a congressional act of March 3, 1819 (which made it illegal to import any black
individual from a foreign country "with intent to hold him as a slave.").
A more formal list of the points of his decision, as well as all of the other official
legal forms (claims, libels, etc.), can be found in the "final
records" of the District Court. Adam Kessler
| ||
![]() |
|
| home | site map | discovery | library | timeline | teaching | search | forum |