Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-23
DOMESTIC.
THE AMISTAD CASE

DOMESTIC.
THE AMISTAD CASE.
s,prryr Gis ~ &c F r. r rIig TSrep STATES
JANUARY TERN, le41.
The U. s., Appellants, Is. The Libellants and CLAIM
ants of the Schooner Amistad, her tackle, apparel
aud furniture, together with her cargo, and the Arr
cans mentioned and described in the several libel:
and claims. On appeal from the Circuit Court Of The
q. S. for the District of Connecticut.
Mr.. Justice Story delivered the opinion OF the
Court
This is 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 aP'
pear upon the transcript Of the proceedings, are as fol-
lows
On the 9th of June, 1889, the schooner L, Amis
tad being the property Of Spanish subjects, cleared
out from the port of Havana, the Island of Cuba
for Puerto Principe, in the same island. On board Of
the schooner the Captain, Ramon ferrer, and
Jose Ruiz and Pedro Mon,ez, all Spanish subjects
The former had with him a negro boy named Antonio
claimed to be his slave Jose Ruiz had with HIM forty
nine negroes claimed BY him hs slaves, and stated to
be his property certain pass or document signed oy
the Governor General of Cuba Pedro Montez had
with him four other negroes, also claimed BY him as ms
slaves and stated to be his property IN similar pass or
document, also signed by the Governor General OF
Cuba On the voyage and before the arrival OF the YES
sci at her port Of destination the negroes kill
ed the Captain, and took possession OF her on
the Goth of August, the vessel was discovered by
Lieutenant Gedney, of the United States brig
Washington, at anchor on the high seas, at the dis
lance Of half mile from the shore OF Long Island.
A part of the negroes then on shore at Gull
loden point, Long Island, who were seized by Lieut.
Gedney and brought on board. The vessel, with the
negroes and other persons en- board, was brought by
Lieut. Gedney into the District OF Connecticut, and
there libeed for salvage the District Court OF the
United States A libel for salvage also filed By
Henry Green and Pelatah Fordman, of Sag Harbor,
Long Island. On The 18th of September Ruiz and
Montez filed claims and lbels in which they asserted
their ownership of the negroes their slaves, and OF
certain parts of the cargo and prayed that tine same
might be "delivered TO hem 10 the representatives,
of her Catholic Majesty, as might be most proper.
On the 10Th of September the Attorney of the United
States for the District Of Connecticut filed an infona-
ton or libel, setting forth that the Spanish Minister
mad officially presented 10 the proper department of the
Government Of the United States claim for the resto-
ration of the vessel cargo and slaves, the property
of Spanish subjects wi"h mad arrived within the lurs
dctional limits Of the United States, and were taken
possession Of BY the said public armed brig al the
States under such circumstances made II the duty
of the United States to cause the same 10 be restored
TO the trne propreos pursuant 10 the treaty between
United States and Spain; aud praying the Court, on
its being made legally 10 appear that the claim Of the
Spanish Minister weliounded, 10 make such or
der for the disposal of the cargo, and slaves,
would bes, enable the United States TO comply with
their treaty stipulation But, ii it 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 laws he
then prayed the Court make such order for their
moval TO the coast of Africa pursuant 10 The laws Of
the United States as it should deem fit.
On the 10Th Of November, the Attorney Of the u S.
filed second information of libel, similar 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 Connect ut
filed his libel alleging that Antonio was slave, the
property OF the representatives Of Ramon Ferror, and
praying the cou-; to him to be delivered TO the
said Vice Consul that he might be returned by him 10
his lawful owner in the Island Of Cuba.
On 9TH of January, lsiG, the negroes (Cnouez and
others with the exception of Antonio, BY their coun-
sci, filed an answer denying that they slaves,
the property of Ruiz and Nontez or that the Court
could under the Constitution laws Of the U. S or
under any treaty, exercise any jurisdiction over their
persons by Of The PREMISES and praynE that
they might be dismissed.
They specially set forth and insist this answer that
they nayc horn Africans born free and of right
out 10 be free and not slaves; that they were,
about the 18th Of April. 1889, unlawfuy kidnapped,
and iorclbly and wrungtuy carried board a certain
vessel on the coast OF Africa, which was unlawfully
engaged IN the slave trade and unlawfuly trans
ported in The vessel to the Island of Cuba for the
purpose "i being there unlawfuly sold slaves; that
RUIZ and Mon,ez, well knowing the premises made a
pretended purchase of them that afterwards, or
about tue 18th OF June, 1889, Ruiz and Montez,
;ederatng with Fcrrer, captain of the Amistad, }
caused them, without law or gh' to be placed on
board of the Amstad, TO be transported to place
unknown 10 them, and there I" he cnslaved for life
that the voyage they the master, and took
possession Of the vessel intending 10 return Herewith
to their native country, 10 sca asylum in
free State; and the vessel arrived the 10th Of Aug
,e:", otf Montaug Point, near Long Island part OF
sh"n there went on shore, and seized by Lieut.
6cdaey, and carried board and all of them az
forwards brought by him into the District Of Connec
ticnt
On the 7th of January 1910, Jose Antonio Tellincas
and Mpsss Aspe and Laca all Spanish subjects rcsd.
ing in Cuba filed their claims owners to certain por-
lions Of the goods found board of the schooner
L'Amistad.
On the same day, all the lbcan,s and claimants
by their COUNSEL except Jose Ruiz and Pedro Monte2
(whose bels and claims sstatcd Of record respectively
were pursued by the Spanish Minister, the same he
ing merged in his clams appeared, and the negroes
also appeared By their COUNSEL and the case was heard
on the bels, claims, answers and testimony OF wit
ncsses.
On the 23d January, $780, the District Court made a
decree. BY that decree the Court rejected the claim of
Green and Fordham for salvage but allowed salvage to
Lieut. Gedney aud others on the vessel and cargo oil
one-third of the value thereof hut not the negroes
Cinqnez and others. II allowed the claim, Of Tencas
and Aspe and Laca with the exception Of the above
mentioned salvage 1t dismissed the lbels and claims
CT Ruiz and hlontez with costs being included under
the claim of the Spanish Minis Ii allowed the claim
of the Spanish Vice Consul for Antonio, on behalf of
ferrers representatives. 1t rejected the claims of
Ruiz and Montcz for the delivery Of the negroes but
admitted them for the cargo with the exception of the
above mentioned salvage. Itrcjected the claim made
by the Attorney Of the U. S. on behalf of the Spa
nsh Minister for the restoration Of the negroes under
the treaty. bn it decreed that they should be delivered
TO The President of the U. S., TO be transported to
Afr ca, pursuant to the act Of the Sd of March, 1879
From this decree the District Attorney on behalf Of
the u S. appealed to the Circuit Court except so far
related to the restitution of the slave Antonio Tue
claimants Tellpcas and Aspe and Laca also appealed
from that part Of the decree which awarded salvage
the property respectively claimed by them No appeal