Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-10-01

Spasish vessel bsk in Cab, called The Anisead"
daily and legally licensed to carry ea the ecastiag
trade, sailed from Havana, the S0th day q june
Gasssgs, II the Island Of Cuba, having on board
cargo Of sundry articles Of merchandise two Spanish
citizens passengers, with 5S negroes purchased BY
them as iadinos, lladino means in English those who
have been the island some time but were not born
there) in the city Of Havana, with regular permits
for the Spaniards. negroes, and merchandise. That
about four days after her sailing, when or 6leagues
negroes upon and killed the master and one of
the Of the vessel and took charge Of the same,
and wounded and injured the two Spanish passen
gers That on the Goth Of August last the ;aaa
schooner was found in the waters OF the united
States, near the west end of Long land and within
one mile Of the shore, in possession OF the negroes
Aforesaid FROM whom she was captured by the onit.
ed States brig Washington, commanded by lieutenant
commander Thomas Gedney, and brought INTO the
port of New Lsndon, in the district OF Connecticut
where SAID negroes were apprehendea ny tue ni"r
shall Of tins district in whose custody they nov are
That while said vessel in the possession OF said
negroes the boxes and trunks of goods were broken
open By them, and some of the goods they appro-
priated to their own USE"
On this finding of the grand Jury. the court decided
that it had urisdictio in this offence II u was an
offence at all, and on this po'n, the court had 10
opinion to give; The vessel was unaer spanish pa :.
commander, sailing under Spanish coiors, anu IN
every respect, Spanish vessel; and the courts OF
the United States have jurisdiction over oiences
committed on board foreign vessels inns onehce
stands in precisely the circumstances as IL com
mitted on the Island OF Cuba The court has Juris-
diction offences Committed against the laws OF
nations, but this is not such an offence Under TINS
state of facts therefore, the court has no hesitation
in saying that it has jurisdiction and that you
cannot lind bill.
The grand jury were then discharged.
| September 10th.
| On the opening of the circuit court tins morning,
Mr. Sedgewick, in behalf of the African children
detained Witnesses answered to the return al the
marshal on the application for habeas corpus 10 set
fnaln atiI bpr q ST. ".
never had been, slaves; that they had been but
short time in Havana; that they were native ARR
cans and had been seized in Africa BY Montez or his
agents. and trans ported To Cuba in Spanish or For
tuguese vessel contrary to the laws OF Spain; that
they privately landed in Havana, and privately
shipped from there by Montez that after great Pc
rils and suffering for several weeks, they came TO
this country, and captured and held IN duress
by the marshal. He then read decree from the
King Of Spain. prohibiting the slave trade, and an
| other from the Queen of Spain OF the same tenor
He concluded by ring that the return of the mar
shall is not sufficient, and praying for Judgment ac-
cordingly. In support of the declaration that the
duced from two negroes, stating that the children
could not speak either English or Spanish, and that
they had donbt they were natives OF Africa, and
they believed them to be Foula Mandngoss.
Mr. Ingersol for the Spaniard Dis made suggestion
whether the court would go into inquiry, the
matter was pending in the district court. The libel
the district attorney described in my letter yes
terday) claims that the blacks should all be held by
the to be restored to Africa, IL they are
not slaves, by the law Of Spain. If. therefore, on
mere preliminary question:, the chief matter was
forced into discussion and settled in this summary
way, great injustice might be done to the parties.
Mr. Baldwin went into elaborate argument In
behalf Of the children and the rest Of the Afr-
cans. He considered the whole ground on which
the matter rested and made, he always does, for
chile and ingenious argument-he reprobated the
conduct Of the district attorney, and inquired with
a sheer, whether the officers OF the executive were
to become slave catchers for the Spanish govern
mcnt. He dashed Montez An abettor, an auxiliary
Of the sayers, and said his claim ought to be secuted
from the tribunals Of free country. No power on
earth had right he said, to restore these children
again to the condition of slaves He ridiculed Lieut.
Gedney's claim for salvage and asked how it would
answer 10 follow out the idea Of property, and sell
the sick negroes as perishabe
Every thing considered, he presented the case in
the strongest light Of which it susceptible, and
closed with an effective appeal TO the sympathes OF
| the court.
MIR. Ingersoll spoke briefly in reply. He had not
suppo sed that, preliminary motion, the question
! in chief was Ia be argued, or that the gentleman
lMr. b would have thought Il necessary to spend
| the whole forenoon IN the discussion; and he was
greatly surprised that he should have thought pro-
per to taunt the unfortunate Spanish gentleman with
| living in a country where slavery was tolerated
Such remarks were very well when addressed to the
audience, but they were thrown away on such court
Nj. cited authorties TO show that slaves had been
recognized property and he insisted most strenu-
ously the validity Of the claim put in by the Span
ish gentleman
Mr.. Staples followed. He did not know what the
ton. He supposed this to be the only discussion
that WAS BE- had the subject. Mr.. $. then went
into a long explanation Of the habeas corpus. He
said the negroes in the Amistad were citizens and
subjects Of n foreign government; that the habeas
corpus spurned the idea Of property, and looked only
to the protection Of life and liberty. lie occupied
the attention ri the court about three hours-thc
| house all the time crowded to sudocston.
The following deposition was then introduced to
show that the children natives Of Africa. Ba-
hoo the deponent IL one Of the most ignorant and
ineffensive OF the blacks, and took part in the
! revolt.
l. Bahoo, Of Bspiaboo, Of Africa, being duly cautioned
depose and say that knew Marngroo and Kenyee little
girls prison Hartford that they born Ban
daboo, Msnougo. and tbs vessel that
did TO Havana did PeRaa and the boy earle that they
coming from Africa 10 Havana, wh they
s,ad less than good the vessel and many
died tight tog Their and c aimed together by
hands and feet night and day. until Havana when the
chains taken on landed the coat al little
place sunset stayed until ugh ard walked into the
pat them old building and fastened them in Alter
time the people jail put in the vessel they
here te night and sailed away about te time the
gun fired. knew these children the that
from Afrcs aud that Msrpgroo and Kenyee born the
place was which Bsndsboo and further saith
Hartford Sept 20, 1899 BAgoo u his mark.
The deposition Of Bahoo was accompanied by an
affidavit OF Augustus William Hanson, who acted as
interpreter, that he verify believed he understood
the savage. Mr. Purroy called up Hanson, to inquire
how he could understand him. Hanson stated that