Monday, April 7, 2008

Trial (by jennifer rock)

On August 24, 1839, the Amistad was seized off Long Island, NY, by the U.S. Coast Guard. The Africans, Lead by Cinque were imprisoned in New Haven, CT, on charges of murder.
*At this point no one knew if a crime had been committed, if so then by who, or if the US courts even had any jurisdiction over a matter such as this.
September 14th 1839 Judge Smith Thompson chose to rule that the “murders” occurred in international waters and the U.S. did not have the jurisdiction to charge the Africans of the Amistad with murder. The murder charges were dismissed after three days, yet the Africans remained imprisoned because the case was now focused on claims of salvage and rights of property.
*To cover the fact that Ruiz and Montes had broken the laws of the treaty they falsified records such as passports to elude the ships on the high seas.
President Van Buren wanted to extradite them (the Africans) to Cuba so as to wash his hands of the scrutiny he was under. Van Buren wanted to do this because it was an election year and he needed to keep the southern voters happy. Thus, in the same sense the abolitionists saw this as an opportunity to reestablish their abolitionist views. However, abolitionists in the North opposed this extradition and raised money for the defense of the Africans (of the Mende tribe). The claims of the Africans were from the Spanish government (who actually had a treaty in 1817 with Britain prohibiting slave trade to Spanish colonies).
The case was initially in the Federal District Court by the US Attorney for Connecticut, William S. Holabird. The case of the Amistad was a huge point of interest and brought as many as 5,000 people per day to the jail; this of course brought in one New York shilling to look at the “captives”. Lewis Tappan (an Abolitionist leader) saw this as an opportunity to reach those individuals in the community, and enable them to see another view, an abolitionist view. A committee was formed quickly to help the Amistad prisoners financially. At this time Roger Baldwin enters the scene to help defend the Africans.
Communication was essential in the defense and Baldwin spent many weeks looking for a translator for the Mende language. After many weeks Baldwin found James Covey. Covey was successful in translating the language and stories of the Africans. The stories were reported by the media and those who listened, concentrated and absorbed every word. Hearts softened when their stories were finally heard. Baldwin defended the Amastads’ stating they were no one’s property and that they were illegally kidnapped from there homeland of Africa. He also had language experts testify that the Africans spoke the Mende language and not Spanish as was originally claimed. Media soaked it up, people’s hearts grew weaker, and along the way the defense drew much support for the abolitionists’ mission.
January 13, 1840 Judge Judson rules, after only a weekend deliberation, that the Amastads’ were “born free” and were illegally taken from their home. It was also stated that the crimes committed against them were against international laws.
*At this point the focus of the media shifted briefly to Ruiz and Montez due to their illegal activity and possible charges of slave trade, kidnapping and falsifying records.
The African then still were held due to the appeal, by the Spanish authorities and the White House, to the U.S. Supreme Courts. The case eventually went to the Supreme Court in April 1840. Defending the administrations case is U. S attorney General Henry D. Gilpin. Tappan steps in once again to ask that Former President John Quincy Adams argue for the Africans. Adams agrees and bases his defense on the fact that the Africans had every right to defend themselves in order to regain their freedom. Adams is quoted as saying to the Amastads’, "God willing, we will make you free." February 22, 1841 the Supreme Court trial begins in the U.S. Capitol chamber. Baldwin begins by making the defense arguments the same as in the circuit courts, and Adams follows by attacking the president and southerners who defended slavery, finally quoting the Declaration of Independence and making his own personalized quote.
The Supreme Court ruled that the Africans should be allowed to return home so on March 9, 1841 the 35 kidnapped Africans returned home the rest had either died at sea or had died during the course of the trials.
In November 1841 they were transported home to Africa.

*This was only one case of the injustices that occurred during the more than 400 years of slave trading. Through all the trials and time the Mende were held many of their families had been kidnapped into slavery. By the time they were to return home most had no family left in Africa to speak of due to the Atlantic Slave Trade. Cinque was the last of the Amistad Africans to have contact with a mission that was set up in Africa. He came to them old and feeble in 1879. He died and is buried among other missionaries of the Americas.

http://www.law.umkc.edu/faculty/projects/ftrials/amistad/AMI_ACT.HTM
http://www.law.umkc.edu/faculty/projects/ftrials/amistad/AMISTD.HTM
http://amistad.mysticseaport.org/discovery/story/trials.html

No comments: