Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-20

frica as slaves into the Spanish doiniiious, aa
"a the negroes here referred to hadbeen newly imported
f Africa into Cuba and could MT by law be imported
as slaves they must the eye of the law be consoefeu
as free persons. ,.,,he- that
tho law of Spain which finally prohibited the save
trade throughout the Spanish domn'ons' from .ne Ia,r
&c tho 10th Of May $780, Qhe provisions OF winch law
.a contained in the King of SPANS Royal Ceduia OF
The 10Th of December, 1919 was passed IN
with treaty obligation 10 that eject, by whicn 'he
If Spain had bound itself to the crown oil ufea
Britain and for which valuable comPehsa''o"' III -
ssen bv reference to the I'd, Sd, and 4lh atcles Oh
nubl;c treaty. concluded between Great britain anu
Spain ON the Odd of September, lslI
rUor Majesty, Government therefore, are moved oy
special and peculiar reasons 10 take an 'n'e' - 80 =,
fate of these unfortunate Africans, who are known
have been illegally and ielonious.y reou'eu y ''
BY subjects of Spain. ,nd tho
is neyt to be observed that Great Britain ana Inc
u. have mutually engaged themselves TO each o.,ei
by the 10th article of the treaty of Ghent 10 use M
best endeavors for the entire aooiitloh o. M CIV in
slave trade And there be no doubt oil Inc i' ~
ention of both parties regousy to uhl the Terms u
that engagement. .,b.
Now The unfortunate Africans whose case IS the SUD-
iect of the present representation, have peeh univ"
Nv accidental circumstances into tho hands OF te au
thorities of the IT, s. and it may probably depend up
on the action of the u S Government. whether THESE
per.ons shall recover the freedom to which they are en-
titled or whether they shall be reduced TO slavery, IN
violation of known laws and contracts Pubicy passed.
prohibiting the continuance OF the African sa'e 1o'
by Spanish subjects. ,,.,
II is under these circumstances that her Majesty
Government anxiously hope that the President Of the
U. S. will find himself empowered TO take such h'e".
sures in behalf Of the aforesaid Africans as sia sc1.
to them the possession OF their liberty, 10 WHICH, VIZ"
out doubt they entitled. u,
avail myself Of this occasion to rene" 10 you ''e
assurances Of nv distinguished consideration
H. 5. FOX.
The Hon. Jous FonsYrn, &c, &c., nc.
Mr.. Forsyth 10 Mr.. For.
DEPARTMENT OF STATE,
Washington, February !, lc4l.
Sir. have the honor TO acknowledge the receipt oil
your letter of the Goth utno, in which you sine .na'
YOU nre instructed represent to me that the attention
of Her Maiesty's Government has been seriously d.
rected to the case Of the negroes Of the Spanish snip
aAmistad" with the anxious hope that the President
Of the United States will feel himself empowered 10
take such in their behalf as WIZ ssc0'e -
them the possession OF their liberty
Viewing this communication rs an Evidence OF Tue
bereyoence of Her Majestys Governncnt,-under
which aspect alone il could BE- entertained Oy inc uo
vernment of the United States,-l proceed ny the d
rection of the President to make ~ reply, Jew ousef
yatons suggested by The topics Of your letter The mar
rative presented therein Of the circumstances which
brought these negroes to shores IS tory ev
dence that Her Majestys Government - aware that
their introduction did not proceed from the WISHES OF
directions of the Government of the u States. Tor
NAL demand having been made by the Spanish Minis
ter for the delivery of the vessel and property 'ncud
ing the negroes board, the GROUNDS upon wh,ch
il is based have become the subject OF investigation oe-
fore the judicial tribunals Of the country, which have
not vet pronounced their final decision thereupon.
gu must be aware, Sir, that the Executive has neither
the power nor the disposition to control he proceedings
of the legal tribunals when acting within iheIr appro
pirate ursdction With regard 10 the other consi.
deraons presented BY you in behalf OF the negroes oil
the "Amistad" have remark that it IS not under
stood that the facts upon which they are founded are
admitted by the Minister of Her Catholic Majesty and
this Government would, with great reluctance, erect
itself into tribunal 10 investigate such questions be-
tween two friendly soyereigns. IL however, these facts
orc established, they cannot be without their force
and effect in the proper time and place. You have
doubtless Observed from the correspondence published
in Congressional document that 1t IS the intention
of the Spanish Minister TO restore these negroes should
their delivery to his Government be ordered, to the
Island of Cuba, whence the vessc! IN winch thcv were
found sailed where they will be placed under the pro-
lection of the Government 0! pain 1t - taero that
questions arising under the Spanish a"s and the trea
ties of Spain with Great Britain, may be appropriately
discussed and decided and where full opportunity
will he presented 10 tie Government Of Her Majesty
the Queen of Great Britain to appeal 10 the treaty stpu-
lo,;ons applicable 10 the subject Of your letter.
avail myself Of this occasion TO renew TO you the
assurances Of my distinguished consideration
JOHN FORSYTH.
Henry STEPHEN Fox, Esq, &c, &c, &c