Morning journal and courier., 1885-12-29

spanish munster, the On1IeQ states Inter vened in behalf of the Spanish government and also suggested that if his claim was not well founded, the Africans should be deliv- cred up to the President of the United States to be transported back to Africa. The dis trict attorney of the United States for Con necticut at that time was MT. Holabird, of Winsted; the United States government au- thorized him to employ counsel to assist him and he retained Hon. Ralph I. Ingersoll. All of these formidable legal preparations in the interest of slavery and against the poor friendless Africans aroused profound feel ing among humane and generous men at the North. The abolitionists took hold of the case, and committee consisting of Lewis Tappan, Josiah Leavitt and s. s. Jocelyn were appointed in New York to solicit funds, employ counsel and see that the rights of the Africans were faithfully protected. This com mittee immediately retained Hon. Roger s. Baldwin and Seth P. Staples, of New Haven, and Theodore Sedgwick, jr., of New York. MT. Baldwin took up the case with his were confined in the New Haven jail, but were daily taken out on to the New Haven Green, under guard, for exercise. They could not speak the English language and no one in New Haven could speak theirs Mr. Baldwin sought the assistance of his friend and k1nsman, Prof. Gibbs of Yale college, the eminent linguist and philanthropist He
 
 their vocabulary. Taking these words and sounds he went to New York, and by visit ing the crews of the foreign ships in that city, he at length found 8 young man by the name of James Coley, who was acquainted with both the English language and the dia- lect of these Africans. He brought him to New Haven and valuable communication was at once begun between the Africans and their counsel. On the 17th of September, 1889, they were taken before the Circuit court of the Uni ted States to be tried for murder, but Judge Thompson decided that the Africans could not be held for trial in the United States for G murder committed on the high seas on board Spanish vessel. Judge Thompson, however refused to discharge them on the ground that they were held in custody by the District court as merchandise in conse- quence of the libels against them. The Span ish minister now complained to the Secretary of State that theS Scourts of the United States should not take cognizance of the libels, but give up the negroes at once to the Spanish authorities, not as slaves, but as assassins. The Secretary of State informed him that when the District court should meet on the 7th of January, 1840, it might order the res titution of the vessel, cargo and negroes, and that it would be necessary for the Spanish government to take charge of them as soon as the court should announce it's decision. This minister also requested the President to
 
 government vessel to Cuba on their release Accordingly such vessel was anchored off the harbor in New Haven three days after the District court assembled to be in readi- ness for that purpose. In the meantime Lewis rappan and other friends of the ne- groes had arranged with the authorities of the underground railroad to run release, any effort should be made by the government to send them to Cuba. The case was thoroughly tried be- fore the District court by the eminent coun- sel engaged, and the fact that Judge Judson had no political sympathy with the anti slavery party of that day encouraged the hopes of the Spanish claimants, but the court decided that the papers of Ruiz and Montes were fraudulent; that the negroes were native Africans illegally imported into the United States; that they were not slaves, but free men; that no ibels could lie against them as merchandise; and that they should be sent back to Africa according to the pro- vision of the treaty of 1919. The Secretary of State then ordered the district attorney to take an appeal to the Circuit court, and this was done, hut Justice Thompson. of that court affirmed the decision of the District court An appeal was then taken to the Su- preme court of the United States. Ample preparations were made for the trial before the Supreme court, and the Hon. John Quin- Cy AuhIuS, Guc FCLcldUlo OA-I ISSiUSl1u, llS old man eloquent, was retained as senior counsel. The arguments in behalf of the Africans before the Supreme court were made by Mir Adams and MT. Baldwin. MT. Baldwin as junior counsel made the first ar gument. The laboring oar in the prepara- tion of this case naturally fell upon MI. Baldwin. MT. Adams had not practiced law for many years. As he stated in opening his argument, it was thirty-two years since he had appeared in any case in theSupreme court, and he said pathetically in his closing words,
 Not one of the judges of that day now re
 mains'' The case is fully reported in the Peters reports, page 579. When MT. Adams rose to present the case he said: "The rights of my clients to their lives and liberties have already been defended by my learned friend and colleague (meaning Hon. Roger Baldwin, of New Haven,) in so able and complete a manner as leaves me scarcely anything to say and I feel that such full justice has been done to their interests that any fault or i'm perfection of mine will merely be attributed to this cause" MT. Baldwin argued the case exhaustively and upon broad principles. He said: ''This case is not only one of deep in terest in itself; it affects the destiny of the unfortunate Africans whom I represent, con- tending for freedom and for life with two powerful governments arrayed against them; but it involves considerations deeply affect ing our national character in the eyes of the whole civilized world, as well as questions of power of the government of the United States which are regarded with interest and alarm by large portion of our citizens; it presents for the first time the question whether that government which was estab lished for the promotion of justice, which was fcdnded on the great principles of the revolution proclaimed in the Declaration genius of our institutions, become party to proceedings for the enslavement of hu man beings cast upon our shores ano found in the condition of freenen within the territory and limits of free and sovereign State" Chancellor Kent said of the argu ment of MT. Baldwin: "It is very logica and absolutely unanswerable in all the points taken. His forensic performance alone would give it's author high professional eminence. The court room was crowded during the ar guments, and the argument for the United States was made by Hon. John Gilpin. Th' excitement was intense. Mir Adams spoke for two sdays. On the night following MT Justice Barbour of Virginia, one of th' members of the court was stricken dowI and suddenly died. A week later the opin ion of the court was delivered by Justice Storey So much of the decision of tht District court as allowed salvage to Gedaey and others for the vessel and cargo was al lowed; but the court held that the African were kidnapped and unlawfully transported to CuDa; tnaG they were purcutSeu ny null and Montes with knowledge of the fact tha they were free men; that they did not be come pirates and robbers in taking posses sion of the Amistad and attempting to re l gain their native country; that there wa nothing in the treaty of 1919 that justified the claim for their surrender, and that tn United States was bound to respect thei rights as much as those of Spanish subjects The decree of the Circuit court affirming tha of the District court was affirmed by the Su preme court except that so much of the deere as directed the negroes to be transported te Africa was reversed, and the negroes were declared Ito be free, and to be dismissed from the custody of the court and to go with out day." The Africans were then released MT. Tappan and his friends had most of then conveyed to Africa, where they became the center of the Mendi mission of the American missionary society.
 Roscoe Conkling has declined an invita- tion extended by the Grand Army post and Hartford citizens to oiya a0