February 23rd, 2012
This lot is closed for bidding. Bidding ended on 2/23/2012
Newspaper, National Intelligencer, Washington, march 16, 1841, 4pp., disbound. from the back page, column 1, “Case of the Amistad, Supreme Court of the United States.” Running 2-1/2 columns is the Supreme Court decision of the Amistad case, delivered by Justice Story. In part,”...On the voyage, and before the arrival of the vessel at her port of destination, the negroes rose, killed the captain, and took possession of her. On the 26th of August, the vessel was discovered by Lieutenant Gedney, of the United States brig Washington, at anchor on the high seas, at the distance of half a mile from the shore of Long Island. ... On the 7th of January, 1840, the negroes, Cinque and others, with the exception of Antonio, by their counsel, filed an answer, denying that they were slaves, or the property of Ruiz and Montez, or that the Court could, under the Constitution or laws of the United States, or under any treaty, exercise any jurisdiction over their persons, by reason of the premises ...If these negroes were, at the time, lawfully held as slaves under the laws of Spain, and recognised by those laws as property capable of being lawfully bought and sold; we see no reason why they may not justly be deemed within the intent of the treaty ... It, then, these negroes are not slaves, but are kidnapped Africans, who, by the laws of Spain itself, are entitled to their freedom, and were kidnapped and illegally carried to Cuba, and illegally detained and restrained on board of the Amistad; there is no pretense to say, that they are pirates or robbers. We may lament the dreadful acts, by which they asserted their liberty, and took possession of the Amistad, and endeavored 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 ... It is also a most important consideration in the present case, which ought not to be lost sight of, that, supposing these African negroes not to be slaves, but kidnapped, and free negroes ... When the Amistad arrived she was in possession of the negroes, asserting their freedom; and in no sense could they possibly intend to import themselves here, as slaves, or for sale as slaves. In this view of the matter, that part of the decree of the District Court is unmaintainable, and must be reversed. ....that the said negroes be declared to be free, and be dismissed from the custody of the Court, and go without delay.” And as irony would have it, there are two runaway slave advertisement on the same page. “100 Dollars Reward” ... “Sipio Gantt, dark complexion ... reward will be given if taken and secured in a free state; fifty dollars if taken in Virginia, District, or Maryland ...”, and “$250 Dollars Reward ... negro Ben Duckett ... if taken in a nonslave holding state ...” Civil libertarians and abolitionists increasingly used the judicial system to press their causes, inflaming political passions throughout the country and laying the groundwork for the abolition of slavery. Many scholars trace the Civil Rights movement in America to the Amistad Case.
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