AMISTAD

THE FACTS:

 Undisputed:

June 20, 1839

Pedro Montez and Jose Ruiz purchase 53 Amistads at auction in Havana.

Evidence:  Dated Bill of Sale

June 28, 1839

Ruiz and Montez deliver the Amistads to the cargo ship Amistad for carriage to a plantation near Puerto Principe in Cuba.

Evidence:  Personal Testimony and dated Bill of Receipt for Transport

July 1, 1839

Cinque, Grabeau, Burnah, and Konomah organize a revolt, capture the ship, and kill the entire crew with the exception of Ruiz, Montez, and the Captain’s personal slave, Antonio.

Evidence: Personal Testimony

August 26, 1839

The Amistad is spotted and boarded off Long Island, NY, by the USS Washington commanded by Capt. Thomas Gedney.  The Amistad is escorted it to New London, CT.  The Amistads are taken to the New Haven jail.

Evidence:  Personal Testimony, Arrest Records, Captain's Log

September 19, 1839

The first round of trial begins in the U.S. District Court at New Haven, Judge Thompson presiding.

FINDING: For Plaintiffs on property salvage, for Spain on murder charges.

November 19, 1839

First Appeal to Circuit Court, Judge Judson presiding.

FINDING:  For Defendants, Amistads originated in Africa and are free individuals with the inalienable right to self-defense.

April 14, 1840

John C Calhoun speaker of the house passes bill gives jurisdiction on ships traveling legally on high seas to country of origin.

February 22, 1841

Case heard by Supreme Court

John Q. Adams representing Defense on Appeal

FINDING:  for Defendants on all points, affirming lower court decision.

THE PLAINTIFFS:

Montez and Ruiz file for return of their property.

Gedney et all file for salvage claims on the total property value of the Amistad, including all slaves.

The Spanish Ambassador Calderon de la Barca makes a formal request to the United States Department of State that the Africans be returned to their rightful owners in Cuba, or extradited to Spain to stand trial for piracy, mutiny, and murder.

United States Secretary of State John Forsyth, at the request of President Van Buren, files on behalf of Spain represented by District Attorney William Holabird in court.

The Amistad Committee (The Anti-Slavery Society) of Lewis Tappan, Josiah Gibbs, and Roger Baldwin file for habeas corpus, requesting freedom for the Amistads and their return to Africa.

THE LAWS

Great Britain

1772

Slaves become Indentured Servants

1807

Slave trade/importation illegal, British Navy to enforce on  high seas

(slave carriage still legal)

1833-1839

Slavery/Indentured servitude abolished

Spain

1811

Spain abolishes slave trade in Spain

1886

Spain abolishes slavery

US

1808

Slave trade/importation illegal

(slave carriage still legal)

NY

1799

Slavery abolished

CT

1788

Slave Trade abolished

1848

Slavery abolished

INTERNATIONAL

1795

Pinckney Treaty

• Article VI

  • Agreement to protect each others vessels in territorial waters

•  Article VII

  • Agreement to return criminals to stand trial

•  Article IX

  • Agreement to return property seized by piracy or mutiny

•  Article X

  • Agreement to return property lost by shipwreck or storm

•  Article XX

  • Agreement to allow all parties full access to other’s courts of law

QUESTIONS OF FACT:

Disputed: 

April, 1839

Were the Amistads kidnapped in Sierra Leone, Africa and brought to Havana on the slave ship Tecora after the banning of the international slave trade by Spain, Great Britain, and the US?

QUESTIONS OF LAW:

Does the US Federal Court have jurisdiction?

Are the Amistads property or people?

If property, who has rightful claim to compensation or return?

If people, are they guilty of murder/piracy/mutiny?