The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1839-12-07
THE W0IOlA OLE DIBNM D01Eo
From the Emancipator.
To the Committee on behalf of the African
CaptiVes.

ford, on the 18th inst for the purpose OF attending
the trial of the Libel for salvage against the Air.
cans, brought by Lieut.. Gedney, U. .. N, and
the various claims and questions which have been
engra(ted thereon. In stopping for lew hours
at New Haven, where met our esteemed friend
DR.. Madden, | was grieved to learn that the Al
rican interpreter James Covey, who was so kindly
permitted by Captain Fitzgerald to remain in this
country to assist at the trial, was quite unwel and
not able 10 90 up in the evening boat, as had been
arranged. As it was then too late 10 see any one
in town, addressed note to Mr.. ToWnshend,
urging that Covey should be sent in the morning
boat at every hazard short of life and death and
have reason to believe that Mr. L. urged his at
tendance as far as due regard to humanity would
allow, but the very respectable physician who was
in attendance, remained of the opinion that he
could not safely take the journey. will now give
you, from my notes, an account OF the
PROCEEDINGS OF THE DISTRICT COURT.
The U. S. District Court was opened by the
Hon. Andrew T. Judson, District Judge, at the
appointed hour 1t was special session, appointed
expressly to try the case of the Amstad. Messrs
Isham and Brainerd, of New London, appeared
in behalf of Lieut.. Gedney, the libellan who
grounds his demand upon meritorious services
rendered in rescung and preserving the schooner
Amistad and her cargo from the hands of Jnqua
and other Africans, in whose possession said YES.
sci and corgo were found. The two Spaniards
Ruez and Montez had, at the September term, filed
claim to the vessel and cargo as their property,
and employed, as their counsel, Messrs. lngerso
and Hungerford; but neither gentlemen appeared
on this occasion, thus giving color, at least to the
report, that the Government of the United STATES
had kindly volunteered TO maintain the Spanish
claim against liberty, and that the SpanardS had
wisely concluded to abandon their cause to such
powerful advocacy. Mr.. Hollabird, the District
Attorney for Connecticut, appeared on behalf OF
the United States, as the patron or protector OF
the claims of the Spaniards
r. S. Baldwin, ESQ, informed the court that he
proposed to interpose a plea in abatement to the
Jurisdiction of the court. This was "several"
plea, in FORM and set forth briefly the facts in re-
gard to the Africans; that they were natives OF
Africa-that they were kidnapped, and transported
10 Cuba by persons TO them unknown-that they
were never domiciicd in Cuba, but were thence
embarked by Ruiz and Montez, their pretended
owners, whittier they knew not-that, animated
by the natural love of liberty they took possession
of the vessel, with the desire and intention OF re-
tuning to Africa-that, hence, neither the const-
tuition nor the laws of the U. S., nor the law of
nations, nor treaties with any foreign power, re-
quire our courts TO regard them as property-tha;
when taken by Lieut.. g. they were of CuIloden
Point, within three quarters OF mile OF shore,
and consequently within the District Of New ork
that large number, twenty or more, were upon
the shore, within the body of the State Of New
York-that they were Withdrawn from the juris-
dcton of the District of New York; to that Of Con-
necticut, and were tlken by the marshal to the
Jail at New Haven, and subsequently TO Hartford,
where they were subjected TO further process
concluding with the allegation, that from all the
facts in the case, the District Court OF Connecticut
had no Jurisdiction over them whatever.
Isham for the ibellants, said it was strange that
counsel should appear in this manner, and not dis
close for whom he appeared If he was acting
on behalf Of either of the lbellants, or claimants,
he should have no objection; but he did not un-
derstand that to be the case, and he should OBJECT
to the gentleman's appearing at all on behalf oil
the slaves. He would ask, who are the parties
here The libeants ask for salvage on these
slaves as the property of these claimants that is,
that the court shall order the owners of this prop
erty to paw us a reasonable compensation for hav-
ing saved their property. 1t is not now ques"
ton 10 be agitated here, whether this vessel and
cargo, including the slaves, are the property of
the claimants, for by their very claim they have
admitted it and we are agreed, that II any sal
wage is due, it is due from Messrs. Montez and
Ruiz as the owners of the property, to Lieut..
Gedney as the salvor. The only parties before
the court are the parties in interest and these par
ties have no question between them as to the prop
erty Lieut.. Gedney has been accused OF seeking
decree of the court that these slaves should be
sold here, in Connecticut, at public auction, for his
benefit, or to test their value But we ask no
such thing. The owners say it is their property
and we believe it is their property, and we de-
mand such per centage as the court shall decree
10 be reasonable for having saved their property
What disposition shall be made of these indvid
uals can be settled hereafter by the proper author
ity, but it has nothing 10 do with the case. We
pity the condition of these Africans as much as
the gentleman himself, but that has nothing to do
with this case. Had the question been left to the
proper parties, without this interference, would
have been amicably settled long since submit
to the court therefore, that the Africans have not
now that kind of interest which gives them right
to appear to embarrass this case which is between
other parties.
Baldwin, in reply thoughtit most exraordin-
airy proceeding, that objection should be raised a
gainst the admission as parties in this case OF the
very persons who are most deeply interested
These persons are libelled as property, and only
as property. The lbellant comes with his de-
ynand founded on his rneriorious service" rem