Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1847-12-30

TAD case entertain the CONVICTION l1al tuls 10 uuC
to Spain under the treaty of the twentieth OF October
1885, and, moreover that from the earnest manner in
which the claim continues 10 be urged 50 long as 1t
81 all remain unsettled it will be a source OF irritation
ana dscord between the two countries, which may
Irove highly preudcial to the interests Of the United
States, Good policy, no less than faithful compliance
with our treaty obligations requires that the inconsd-
cradle appropriation demanded should be made."-
President PolEs Message, Dec. l, l847
Now let us examine into the character of the
above claim of the Spanish government-for if
well founded credit is due for every attempt to
preserve the public faith nyolate-but if, on the
other hand this shall appear most uniounded
and scandalous claim, then ought the recommen-
dation for its payment to receive none the less
condemnation on account OF the high source from
which it emanates.
The following are the facts concerning this
claim:
After a long period of negotiation the Spanish
government was induced, in 1917, by Great
Britain, to enter into treaty, by the stipulatlons
Of which the African Slave Trade was entirely
prohibited throughout the colonies of Spain from
and after May goth, 1925, and regulations were
established profcssedly to enforce these stpula-
tons. Notwithstanding these treaty obligations,
the authorities Of Spain, in Cuba particularly
with the knowledge of the home government
have cOnnlVed at continued and systematic pro-
secutlon Of the African slave trade Vast num-
bers of free born Africans are introduced into
that island, amounting annually, it is said, to the
number of 5000 and for winking at this afro
clous traffic the Spanish Governors of Cuba are
wont to receive brides from the slave traders, and
are thus enabled to amass immense fortunes IN
very short periods.
In 1889 a slave trading vessel, called the Te-
cora, came from the shores of Africa with her
kidnapped cargo of human beings, and securely
landed them at the Baaracoons" (slave mar
kets) of Havana. There these victims of cur
sed rapacty were exposed for sale, and 35 of them
were soon purchased by Two planters, Ruiz and
Monies, who resided near Port Principe, which
is some days sail from Havana. These. SO were
Immediately placed on board the small schooner
Amlstad," which was also laden with planting
utensils, &c. On the 10Th of June the Amistad
sailed for Port Principe, having on board as pas
sengers Ruiz and Monies, who were furnished
with the customary fraudulent passports, &c,
for such a cargo. There existed in the souls of
these benighed Africans that innate love of lib
erty, which no oppression had eXterminated and
under It's impulse, being led on by chief named
Clnqua, "a man of remarkable courage and tai
ent) they rose upon the crew of the Amistad :;
killed the Captain and part of the crew, and
suffered the remainder to leave the schooner in
boat They spared the lives of their late pur-
chasers, Ruiz and Monies, whom they required
TO navigate the Amlstld towards the RISING sun
to their beloved Africa. During the day time
the vessel progressed eastWardlv but on the re-
cnrrence OF the night the crafty Spaniards turned
the prov towards the north west, hoping to reach
the United States. After several weeks of this
nanDuvcrng the Amstad approached near the
eastern extremity of Long Island where she was
discovered by Lieut. Gedney, of the United States
Schooner ashngton, then engaged in the coast
survey. Forgetting the American doctrines re-
latmg to the right of search which accord to ev-
cry vessel absolute immunity from all foreign in
reference, Lieut.. Gedney torcbly took possess
sion of the Amistad-b brought her into New
London, Conn, and delivered the Africans over
TO the u. S. Marshall for that District Ruiz
and Monies being again at liberty, demanded the
restitution Of the Africans to them as their slaves
and secured the clamorous intervention of the
Spanish Minister at Washington, who demanded
their surrender mainly on the ground that they
were assassin" not slaves. Lieut. G. here
made claim for salvage, and on the 18th of
September, 1889 the U. S. District Court, sitting
at New llayen, took into consideration the vari-
GUS questions arising out of the foregoing facts.
The Grand Jury refused to find a bill of ndct-
ment against the Africans for the forcible attain
ment of their freedom and after thorough in
vestigation, Judge Judson decided that they were
FREE by the laws of Spain, as well as by those
of the U. s.; that the U. S, should convey them
to Africa and that the claim for salvage should
apply to the vessel and dead property 0nlv (both
Of which afterwards sold for about SO, 500) From
this decision, the U. S. District Attorney, uader
directions Of the State Department, took an ap-
peal to the U. S. Circuit Court. Here the de-
cision the District Judge was affirmed by Judge
Thompson, Another appeal was then taken to
the Supreme Court of the United States, and in
the latter part Of Feb, 1871, this case came be-
fore that tribunal for final adjudication The
Attorney General of the U. s. appeared in sup
port Of the arrogant demands of Spain, and John
Quincy Adams and Roger S. Baldwin of Conn,
appeared as counsel for the Africans. After an
other most able discussion, the Supreme Court
(only one member dissenting) again and for the
third time, pronounced these Africans FREE; af-
frming the decision of the inferior Courts in all
particulars, excepting that which provided for their
removal to Africa by the United States This,
however was soon effected through the contribu-
'ASiiS " ''4N HNN'plOiiVJ ~ tliuS Cll5 scd-
son Of suffering and Imprisonment the 80 survi-
vors of those victims of the slave trade were at
length restored to their inaicnable right to liber.
ty, despite Vaccinations of two powerful govern,
ments to wrest it from them.
Since then the Spanish government, forgetting
that they had claimed the delivery of these Afri
cans as L" assassins," have been very clamorou,
for tho payment of their alledged value on the
ground that they were slaoes. To this claim i
would have been sufficient answer that these
Africans were nccer hgally Slaces according to
the ta'os otSpaia, and consequently did not come
under the treaty of the twentieth of October
1875, which indeed, was not intended by either
Spanish or American negotiators to include hui
man beings within the term merchandise."-
But cur Pro-slayery administration, regardless o
the motto, " submit to nothing wrong"-regard
less of our treaty obligations with another powe
to discountenance the slave trade, and of our law
Al, r -