The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-23
THE CASE or THE AMIsTAD.
SUPREME COURT OF THE U. STATES
JANUARY Team, io4l


the Africans mentioned and described in the sesera
libels and claims. On appeal from the Cireu'
Court of the United States for the DISTRICT Oh Ion.
necticut Mr.. Justice Story delivered the opihioh
of the Court.
This il the case Of an appeal from the decree Of the
Circuit Court Of the District Of Connecticut, sitting
in admiralty The leading facts, as they appear upon
the transcript Of the proceedings are as follows
On the 27th Of June, 1882 the schooner l. Amistad
being the property of Spanish subjects, cleared out
from the port of Havana, In the Island of Cuba, oI
Puerto Principe in the Island On board the
schooner were the Captain Ramon FerreT, and Jose
Ruiz, and Pedro Montez, all Spanish subjects. The
former had with him negro boy named Antonio
claimed to be his slave Jose Ruiz had with him forty
nine negroes claimed by him his slaves and stated
be- his property in certain pass or document signed
by the Governor General Of Cuba. Pedro Montez
had with him four other negroes also claimed py MN
his slaves and stated TO be his property In similar
pass or document also signed by the Governor Gene
raj of Cuba. On the voyage, and before inc alllsa
of the vessel her port OF destination the
rose killed the Captain, and took possession o. nsl
On the goth Of August me vessel Sus brr Wash
inpon Al anchor on the high seas at the distance OF
half mile from the shore OF Long Island "A part OF
the negroes were then on shore at Culoden point,
Long Island who were seized Ivy Lieut., Gedney and
BROUGHT on board The vessel, with the negroes and
other persons on board, was brought by Lieut. Ged-
ney into the District of Connecticut and there hbelled
for salvage in the District Court of the United States
"A libel tut salvage was also iichiy oicsh
Pela,iah Fordham, of Sag Harbor, Long Island On
the 18th Of September, Ruiz and Montez filed claims
and ibels in which they asserted their ownership OF
the negroes their slaves and ofcerin parts OF the
cargo and prayed that the same might be delivered
TO them or to the representatives Of Her Catholic Ma
iesty as might be most proper On the 18th OF Sep
TENDER tho Attorney of the United States far m. s
..a, information or libel, setting
forth that the Spanish Minister had officially presented
TO the proper department of the Government of the
United States claim for the restoration OF tho vessel
cargo and slaves the property Of Spanish subjects
which had arrived within the jurisdicuonal limits OF
the United States, and were taken possession OF py
the said public armed brig the United States under
such circumstances made It the duty of the United
States TO cause the be restored to the true pro-
pretors pursuant to the treaty between the United
States ami Spain; and praying the Court, on its be-
ing made legally TO appear that the claim of the Spa
nsh Minister was we'll founded TO make such order
for the disposal the vessel and cargo and slaves
would best enable the United States to comply with
their treaty spulaons But, lift should appear that
the negroes persons transported from Africa in
violation of the laws of the United States and brought
within the United States contrary to the same laws
he then prayed the Cou to make such order for their
removal 10 the coast Of Africa pursuant :, the laws Of
the United States, as it should deem fit
On the 10Th of November, the Attorney Of the
United States filed second information libel SINH
lar the first with the exception Of the second prayer
above set forth in his former one On the same day,
Antonio g. Vega, the Vice Consul of Spain for the
State Of Connecticut filed his libel alleging that An
tonic slave, the property of the representatives
of Ramon Ferrer and PRAYING the Court to cause him
to be delivered the said Vice Consul that he might
be returned by him to his lawful owner in the Island
of Cuba
On the 7h Of January, 1S4O, the negroes (Cinquez
and others with the exception Of Antonio by their
counsel, filed answer denying that they were slaves
or the property of Ruiz and Monez that the Court
could, under the Constitution or laws of the United
States, under any treaty, exercise any jurisdiction
over their persons by reason Of the premises, and
praying that they might be dismissed
They specially set forth and insist in this answer,
that they were native born Africans born free and Of
right ought to be free and not slaves that they were
or about the 18th Of April 1889, unlawfully kid
mapped and forciby and wrongfuly carried on board
certain vessel the coast of Africa, which
lawfully engaged in the slave trade, and were unlaw
fully transported in the same vessel to the Island of
Cuba for the purpose Of being there unawfully sold
slaves; that Ruiz and Montez, well knowing the
premises made pretended purchase Of them; that
afterwards on or about the 2Sth Of June 1899 Ruiz
and Montez, confederatng with Ferrer, Captain of
the Amstad,) caused them without law or right, to
be placed on board Of the Ams,ad to be transported
TO some place unknown to them, and there to be
shaved for life; that on the voyage they rose the
master and took possession of the vessel intending
return Herewith to their native country to seek an
asylum in free State; and the vessel arrived,
about the 26th Of August, 1882 of Montaug Point
near Long Island part of them there on shore
and seized by Lieut.. Gedney, and carried on
board, and all of them were afterwards brought by
him into the District of Connecticut.
On the 18th Of January, 1910, Jose Antonio Tein-
residing in Cuba, filed their claims as owners o. GER
tain portions Of the goods found board of the
schooner l. Amistad.
On the day, all the 5eants and claimants
by their counsel except Jose Ruiz and Pedro Montez
(whose ibels and claims, stated of record respec-
lively pursued by the Spanish Minister the
same being merged in his claims, appeared and the
negroes also appeared by their counsel and the case
was heard on the bes, claims answers, and testimo-
ny of witnesses.
On the ODD Of January, lS40 the District Court
made decree. BY that decree, the Court rejected
the claim of Green and Fordham for salvage but al
lowed salvage to Lieut.. Gedney and others on the
vessel and cargo of third of the value thereof but
not on the negroes Cinquez and others. Il allowed
the claim Of Telincas and Aspa and Laca, with the
exception of the above-me salvage II dis
missed the libels and claims of Ruiz and Montez with
costs being included under the claim of the Span
sh Minister. 1t allowed the claim of the Spanish
Vice Consul for Antonio on behalf of Ferrer's repre-
sentatises i rejected the claims OF Ruiz and Mon
ez for the delivery Of the negroes but admitted them
for the cargo, with the exception of the above
TONED salvage 1t rejected the claim made by the
Attorney of the United States, behalf of the Span
sh Minister, for the restoration of the negroes under
the treaty. but it decreed that they should be deliver
ed to the President of the United States be trans
ported TO Africa pursuant 10 the act of 9Th Of March,
1879.
From this decree the District Attorney, on behalf
OF the United States, appealed to the Circuit Court,
except far related the restitution Of the slave
Antonio The claimants Tellincas and Aspe and
laca also appealed from that part of the decree which
awarded salvage on the property respectively claimed
by them NO appeal was interposed by RUIZ or Mon
tez or on behalf fthe of the owner of
the Amistad The Circuit Court, by mere pro forma
decree, affirmed the decree Of the District Court re-
serving the question of salvage upon the claims of
Tencas and Aspe and Laca. And from that decree
the present appeal has been brought to this Court
The cause has been very deliberately argued as well
upon the merits upon motion behalf of the ap.
leees to dismiss the appeal On the part of the
United States has been contended l. That due and