Trial of a Century: La Amistad

In February of 1839, Portuguese slave hunters abducted a large group of Africans from Sierra Leone and shipped them to Havana, Cuba, a center for the slave trade. This abduction violated all of the treaties then in existence. Fifty-three Africans were purchased by two Spanish planters and put aboard the Cuban schooner Amistad for shipment to a Caribbean plantation. On July 1, 1839, the Africans seized the ship, killed the captain and the cook, and ordered the planters to sail to Africa. On August 24, 1839, the Amistad was seized off Long Island, NY, by the U.S. brig Washington. The planters were freed and the Africans were imprisoned in New Haven, CT, on charges of murder. Although the murder charges were dismissed, the Africans continued to be held in confinement as the focus of the case turned to salvage claims and property rights. 

Because he sought salvage of the schooner and its cargo, Gedney was very detailed in his account and itemized all of its cargo. He estimated its value at $40,000, and the value of the Africans as slaves at $25,000. In maritime law, compensation is allowed to persons whose assistance saves a ship or its cargo from impending loss. The libelants claimed that with great difficulty and danger to themselves they recaptured the Amistad from the Africans. They claimed that had they not seized the vessel, it would have been a total loss to its "rightful" owners.

Jose Ruiz stated that the negroes belonging to him to have been forty-nine in number, "named and known at Havana, as follows: Antonio, Simon, Jose Pedro, Martin, Manuel, Andreo, Edwards, Celedonia, Burtolono, Ramia, Augustin, Evaristo, Casamero, Merchoi, Gabriel, Santorion, Escolastico, Rascual, Estanislao, Desidero, Nicholas, Estevan, Tomas, Cosme, Luis, Bartolo, Julian, Federico, Salustiano, Ladislao, Celestino, Epifanio, Eduardo, Benancico, Felepe, Francisco, Hipoleto, Berreto, Isidoro, Vecente, Deconisco, Apolonio, Esequies, Leon, Julio, Hipoleto, and Zenon; of whom several have died." Their present names, Ruiz stated, he had been informed, were, "Cinque, Burnah 1st, Carpree, Dammah, Fourrie 1st, Shumah, Conomah, Choolay, Burnah 2d, Baah, Cabbah, Poomah, Kimbo, Peea, Bang-ye-ah, Saah, Carlee, Parale, Morrah, Yahome, Narquor, Quarto, Sesse, Con. Fourrie 2d, Kennah, Lammane, Fajanah, Faah, Yahboy, [**6] Faquannah, Berrie, Fawnu, Chockammaw, and Gabbow."

Pedro Montez stated that the names of three negroes on board the Amistad, belonging to him, were Francisco, Juan, and Josepha; the Spanish name of the fourth was not mentioned; and the four were not called Teme, Mahgra, Kene, and Carria.

All these were stated to be slaves, and the property of the claimants, purchased by them at Havana; where slavery is tolerated and allowed by law; and they and the merchandise on board the vessel, the claimants alleged, by the laws and usages of nations, and of the United States of America, and according to the treaties between Spain and the United States, ought to be restored to the claimants without diminution, and entire.

The document also describes how they were taken from Africa and that they were treated with "great cruelty and oppression...[and] were incited by the love of liberty natural to all men, and by the desire of returning to their families and kindred, to take possession of said vessel, while navigating the high seas as aforesaid near the Island of Cuba, as they had right to do, with the intent to return therein to their native country, or to seek an asylum in some free State where Slavery did not exist, in order that they might enjoy their liberty under the protection of its government."

"Wherefore the Respondents severally say that neither by the Constitution or laws of the United States, or any Treaty pursuant thereto, nor by the law of nations doth it pertain to this Honorable Court to exercise any jurisdiction over the persons of these respondents or any of them by reason of any of the proceedings aforesaid – and they severally pray to be hence disrupted, and suffered to be and remain as they of right ought to be free & at liberty from this process of this Honorable Court aforesaid under which, or under color of which they are holders as aforesaid."

It conveys the position of the Africans: "...each of them are natives of Africa and were born free, and ever since have been and still of right are and ought to be free and not slaves..." It states that they were not a part of a Spanish domestic slave trade and instead had been forcibly kidnapped from the African coast. And further that, while suffering "great cruelty and oppression" on board the Amistad, they were "incited by the love of liberty natural to all men" to take possession of the ship by force and seek asylum somewhere.

Judge Judson announced his several-part decision to a filled courtroom. He began with his resolution of the salvage claims. He accepted Gedney’s claim: the Lieutenant rendered a valuable service in seizing the Amistad and preventing the likely loss of its remaining cargo. Judson awarded one-third of the value of the ship and its non-human cargo to Gedney. The ship and its cargo—subject to Gedney’s salvage lien—should be restored to the Spanish government. But, ruled Judson, there could be no salvage right in the Africans. Neither were they the property of Ruiz and Montes. The blacks “were born free and ever since have been and still of right are free and not slaves.” They would not be returned to Cuba to stand trial as accused murderers and pirates. They revolted, Judson concluded, out of a natural “desire of winning their liberty and returning to their families.” Judson continued, “Cinque and Grabeau [another African who testified] shall not sigh for Africa in vain. Bloody as may be their hands, they shall yet embrace their kindred.” Judson ordered that the Africans be placed under the control of the Executive and returned to Africa.