Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-09-23

welded with deadly effect Is about feet leng, inches
half wide; the handle is of horn
knob at the end whea The Slaves attacked the cook The
captain ordered throw some bread among them
and Faquona threw the captain ovebosr captain always
treated the slaves kindly and gave them enough TO eat
was repeated before The court and will be found another part
Of this paper. N
The grand jury,on the above evidence found: That
Spanish vessel built in Cuba called the Amistad,"
duly and legally licensed to carry on the coasting
trade, sailed from Havana on the 18th day Of June,
1889, commanded by Ramon Ferrer, for the port OF
Guanaga, in the Island Of Cuba, having on board q
cargo OF sundry articles Of merchandise two Spanish
citizens passengers, with 81 negroes purchased by
them iadin0s, (adiro means in English those who
have been on the island time but were not born
there) IN the city OF with regular permits
Tor he Spaniards. negroes, and merchandise That
about four days after her sailing, when or leagues
from the coast Of Cuba, and 40 from havana, the
negroes rose upon and killed the master and one oil
the crew OF the vessel and took charge OF Inc same
and wounded and injured the two Spanish passen
gers That on the Goth OF August last, the said
schooner found in the waters OF the United
States the west end Of Long l. land, and within
one mile Of the shore, in possession OF the negroes
aforesaid, from whom she was captured by the Unit
ed States brig Washington commanded by lieutenant
commander Thomas Gedney, and brought into the
port of New London in the district OF Connecticut,
where said negroes were apprehended by the Mar
shall of this district, in whose custody they now are
That while said vessel in the possession Of said
negroes the boxes and trunks of goods were broken
open by them, and some oil the goods they aPpro-
priated 10 their own use."
On this finding of the grand jury the court decided
that il had Jurisdiction in this offence il
offence at all, and on this poinl the court had
opinion 10 give. The vessel was under Spanish
commander, sailing under Spanish coors, and, In
every respect, Spanish vessel; and the courts OF
the United States have jurisdiction over offences
committed on beard foreign vessels. This offence
sauds in precisely the circumstances if com.
mitted on the Island Of Cuba The court has juris-
die'ion over offences committed against the laws OF
nations, but this - not such an offence. Under this
sta:e OF facts, therefore, the court has hesitation
in saying that it has jurisdiction, and that you
cannot find bill.
The grand jury were then discharged.
September 10th.
On the opening of the circuit court this morning,
Mr. Sedgewick, in behalf of the African children
detained Witnesses answered to the return Of the
marshal on the application for habeas corpus to set
them at liberty. He stated that they were not, and
never had been, slaves; that they had been but
short time in Havana; that they were native Afri-
cans and had been seized in Africa by Montez or his
agents, and transported to Cuba in Spanish or Por-
tugucse vessel contrary to the laws of Spain; that
they were privately landed in Havana, and privately
shipped from there by Montez; that after great PEE
rs aud suffering, for several weeks, they came to
THIS country, and were captured and held in duress
BY the marshal lie then read decree from the
King Of Spain. prohibiting the slave trade, and
other from the Queen Of Spain Of the same tenor
Tic conc uied by ring that the return of the
shall IS not sufficient, and praying for judgment
cordinsly. In support Of the declaration that the
children are native Africans, aidavits were intro
duced from two negroes, stating that the children
could not speak either English Spanish, and that
they bad no doabt they natives Of Africa, and
they believed them TO be Foula Mandingoss.
Mr. lnyersoll. for the Spaniards made suggestion
whether the court would 90 into inquiry, while the
matter was pending in the district court The libel
Of tue district attorney described in letter yes
erday) claims that the blacks should all be held by
the government To be restored to Africa, If they
not slaves, by the law OF Spain. If therefore, q
mere preliminary question, the chief matter was
forced into discussion aud settled in this summary
way. great injustice might be done to the parties
Mr. BALDWIN went into an elaborate argument in
behalf OF the children and the rest of the Afri-
cans. He considered the whole ground on which
the matter rested and made, as he always doe for
ciole and ingenious argument--he reprobatcd the
conduct of the district attorney and inquired with
a sheer, whether the officers Of the executive were
10 become slave catchcrs for the Spanish govern
ment. He lashed Montez as an abettor an auxiliary
al the slayers, and said his claim ought secuted
from the tribunals Of free country. No power on
az to he condition Of slaves He ridiculed Lieut.
Gedney's claim for salvage, and asked how il would
answer To follow out the idea Of property, and sell
the sick negroes rs perishable
the strongest light Of which it was susceptible. and
closed with an effective appeal to the sympathies Of
the court.
Mr. Ingersoll spoke briefly in reply. He had not
supposed that. preliminary motion. the question.
in chief was to be argued, or that the gentleman
Mr.. b. would have thought il necessary 10 spend
the whoie forenoon IN the discussion; and he
greatly surprised that he should have thought pro-
per to taunt the unfortunate Spanish gentleman with
living in country where slavery was tolerated.
Such remarks were very well when addressed to the
audience, but they we're thrswn away on such court
Mr.. cited authorities TO show that slaves had been
property, and he insisted most strenu
ousy the validity Of the claim put in by the Span
ish gentleman
Mr.. Staples followed. He did not know what the
gentleman meant by calling this preliminary ques-
tcn. He supposed this to be the only discussion
that 20 be had the subject. Mr.. s. then went
into long explanation OF the habeas corpus. He
said the negroes in the Amistad were citizens and
subjects Of a foreign government; that the haheas
corpus spurnod the idea Of property, and looked only
TO the protection OF life and liberty He occupied
the attention of the court about three hours-the
house all the time crowded to sufocati
The following deposition was then introduced TO
show that the children natives Of Africa. Ba-
hoo, the deponent, is Of the most ignorant and
inefensive OF the blacks and took no part in the
revolt.
L. Bshoo OF Dsndaboo Of Africa, being duly esutieue6
depose and say that knew Mangroo and Kenyee little
girls pris Hartford that they born in Ban
dsboo, " Manngc and the vessel that
did 10 Havsra d P.sua and the boy earle they
t~o coming ON Africa Havana, VIII re they
stad lee, tan good many in the vessel many
hands and feet nigh, and dsy until Havana whea the
chains tskcn OF sndcd the coast al a little
place stayej unit, night walked into the eity
put them old building fastened in After some
time ths people - jail put vessel they
came here in the ng, and saed away about the the