Who was the Spanish owner here with his ship? Ruiz and Montes all the necessary means to procure their release from imprisonment, and to obtain any indemnity to which they may be justly entitled, and therefore would render unnecessary any agency on the part of this department for those purposes. In my examination of the first proceedings of the Executive in this case, I did scrutinize and analyze, most minutely and particularly, the four demands first made upon our government by the late Spanish minister, Mr. On consideration whereof, it is the opinion of this Court, that there is error in that part of the decree of the Circuit Court, affirming the decree of the District Court, which ordered the said negroes to be delivered to the President of the United States, to be transported to Africa, in pursuance of the act of Congress, of the 3d of March, 1819; and that, as to that part, it ought to be reversed: and, in all other respects, that the said decree of the Circuit Court ought to be affirmed. I put it to your Honors to say what sort of regard is here exhibited for human life and for the liberties of these people. It has been argued on behalf of the United States, that the Court are bound to deliver them up, according to the treaty of 1795, with Spain, which has in this particular been continued in full force, by the treaty of 1819, ratified in 1821.
Nothing is more clear in the law of nations, as an established rule to regulate their rights, and duties, and intercourse, than the doctrine, that the ship's papers are but prima facie evidence, and that, if they are shown to be fraudulent, they are not to be held proof of any valid title. Clinton is not the to lose the presidency even though she had more votes than her opponent. The whole of the reasoning is not applicable to this case, but I submit to your Honors that, if the President has the power to do it in the case of Africans, and send them beyond seas for trial, he could do Page 17 it by the same authority in the case of American citizens. Instead, Spielberg vacillates between the historical tensions of slavery and the audience. The authority of the case of the Antelope was in this particular no precedent for him. By those laws, and treaties, and edicts, the African slave trade is utterly abolished; the dealing in that trade is deemed a heinous crime; and the negroes thereby introduced into the dominions of Spain, are declared to be free.
Slaves, therefore, in the are recognized only as persons, enjoying rights and held to the performance of duties. . The opposite principle is laid down, not by an unintelligent or unthinking man, but is given to the public and to this Court, as coming from one of the brightest intellects of the South. They supposed it was the Circuit, when in fact it was the District Court. And I shall show that it is such, that neither the courts nor the cabinet ought ever to have acted on it.
Why, that he might repair his ship, and purchase refreshments, and continue his voyage. If this argument be of any value to the Secretary of State of the Government of the Union, the undersigned entreats him to prevail on the President Page 61 to cause a protest, founded on this argument, to be officially addressed to the court of New York. The vengeance of the barracoons! That letter, therefore, is not communicated, and I cannot reason from it, any farther than its contents may be presumed, from the intimations in the letter of the Spanish minister, in connection with the subsequent proceedings. The film also gives viewers a firsthand view of how helpless and alone the slaves felt after being crammed into a prison cell together, ignorant of the language spoken around them, with no idea of what would be happening to them as each minute went by. There might be a Habeas Corpus from the State courts at the moment of their delivery to the Spaniards, and some new difficulties would intervene. The very proposal shocked his moral sense, and he instantly decided that men and women were not articles for a price current in the markets overt of Connecticut. The desire of calming the disquiet which this news may occasion in the mind of her Majesty, together with that of alleviating the lot of the two prisoners, urge the undersigned to entreat you, Mr.
This has become a subject of discussion between the two Governments, and, in such a case, the restoration should be made to that agent of the Government who is authorized to make, and through whom the demand is made. In the solemn treaties between nations, it can never be presumed that either state intends to provide the means of perpetrating or protecting frauds; but all the provisions are to be construed as intended to be applied to bona fide transactions. The cause is supported by two Boston abolitionists, a former slave named Joadson and an immigrant named Tappan. It is imputed to him and declared to have become in a manner national. Of them, he had demanded, by necessary implication, that Page 41 they should not be restored to their pretended owners, but kept in close custody, and, in defiance of all judicial authority, conveyed to the Havana Governmentally, that is, by the arbitrary mandate of the President of the United States, to satisfy public vengeance. The first act, of seizing the vessel, and these men, by an officer of the navy, was a wrong.
Forsyth, in the conference which he had with the undersigned on the 21st of October last. Why should her commander, her officers and crew be exposed, in the most tempestuous and the coldest month of the year, at once to the snowy hurricanes of the northeast, and the ice-bound shores of the northwest? With nowhere to look but straight on, the audience is inescapably forced to confront vile and ghastly atrocities that depict the harrowing plight of a slave. We may lament the dreadful acts, by which they asserted their liberty, and took possession of the Amistad, and endeavoured to regain their native country; but they cannot be deemed pirates or robbers in the sense of the law of nations, or the treaty with Spain, or the laws of Spain itself; at least so far as those laws have been brought to our knowledge. In the letter of Mr. This is certainly true of Amistad — from Baldwin's predispositions about abolitionism to John Quincy Adams' relationship with Cinque to the simplification of the attitudes toward slavery, Amistad does alter the historical record.
Paine all the negroes, late of the Amistad, under his custody. What a revolution in the relative value of slaves and of freemen, since the age of Homer! Page 77 The Secretary of the Navy to the Secretary of State. Join 302 other followers Sign me up! Will this Court please to consider for one moment, the essential principle of that opinion? It was a mere pretence, to blind the public mind with the idea that the Africans were merely sent to Cuba to prove they were not slaves. Calderon also quotes article 10. The court did not know--it could not know that the demand of the Spanish Minister, Calderon, was not only widely different from that which the libel of the District Attorney represented it to be, but absolutely incompatible with it. Of the many cases that might be referred to, in proof of the justice of this remark, one is that of John Smith, mate of the brig Swiftsure, who concealed and brought away with him a negro who was cook in a hotel where he was staying; upon which subject the undersigned wrote to the Secretary of State on the 19th of November, 1836, and now addresses him again in a separate communication.
During his tenure, he succeeded in repealing a rule that prevented any debate about slavery on the House floor. Not surely, that they should be delivered up to their pretended owners, for against that the Spanish minister solemnly protests! And eventually, on appeal, former President John Quincy Adams argues eloquently for the freedom of the men. The film preserves the outrage undoubtedly felt by the Africans upon learning of America's backwards legal policies, it preserves the animosity and criticism directed towards the individuals who challenged those policies, and thus it succeeds in preserving the historical core of the story. But now another difficulty occurs. It did not even describe the court correctly, under whose protection these unfortunate people were.
For instance, I never bought that a former U. The group of Africans are charged with mutiny and murder. Furthermore, it may be compared with other texts, e. The Navy captains who commandeered the Amistad off the coast of New York turned the ship in to authorities in. Later on, the ship arrived in Havana, Cuba. When all the civilized nations of the earth shall have abolished the African slave trade, the judge thinks that captured Africans would be considered free, unless proved to be slaves: and if Spain and Portugal should abolish the slave trade, he thinks the burden of proof that negroes captured in their vessels were slaves, would rest upon their captors. But they guide it instead into U.
In the first place, then, the only parties now before the Court on one side, are the United States, intervening for the sole purpose of procuring restitution of the property as Spanish property, pursuant to the treaty, upon the grounds stated by the other parties claiming the property in their respective libels. Songs would be written about him. It is observable, that the United States, in their original claim, filed it in the alternative, to have the negroes, if slaves and Spanish property, restored to the proprietors; or, if not slaves, but negroes who had been transported from Africa, in violation of the laws of the United States, and brought into the United States contrary to the same laws, then the Court to pass an order to enable the United States to remove such persons to the coast of Africa, to be delivered there to such agent as may be authorized to receive and provide for them. The transaction on board of the vessel after leaving Havana entirely changed the circumstances of the parties, and conferred rights on my most unfortunate clients, which cannot but be regarded by this honorable court. I was surprised how little importance or screen time was given to the Morgan Freeman character, who in his few scenes indicates the volumes that remain concealed. It is this question that we pray may not be decided in the recesses of the cabinet, where these unfriended men can have no counsel and can produce no proof, but in the halls of Justice, with the safeguards that she throws around the unfriended and oppressed.