declared to be free: teaching about the amistad trial tiffany middleton & howard kaplan,...
TRANSCRIPT
Declared To Be Free:
Teaching About The Amistad Trial
Tiffany Middleton & Howard Kaplan,
American Bar Association Division for Public Education
Michigan /Great Lakes Regional Social Studies
Conference
October 18, 2013
A History of the Amistad Captives, by John Barber, 1840.Image courtesy of the Library of Congress.
Tim
elin
e
1787:The Migration or Importation of
such Persons as any of the
States now existing shall think
proper to admit, shall not be
prohibited by the Congress
prior to the Year one thousand
eight hundred and eight, but a
tax or duty may be imposed on
such Importation, not
exceeding ten dollars for each
Person. Article I, U.S. Constitution
Tim
elin
e
Prohibition of international
slave trade:1802 - Denmark1807 – British Empire1808 – United States
1820 – Spain1853 – Brazil1867 - Cuba
Tim
elin
e
Abolition of domestic
slavery:1794 – France (reintroduced 1802)
1804 – Haiti (independence)
1834 – British Empire1865 – United States
1886 – Cuba1888 – Brazil
A History of the Amistad Captives, by John Barber, 1840.Image courtesy of the Library of Congress.
1839
“Mural No. 2, The Court Scene,” one of three murals painted by Hale Woodruff, in 1939, in commemoration of the 100th anniversary of the Amistad mutiny.
Image courtesy of Talladega College
1839-1841
Consi
der:
How are rights discussed? What rights?What rights claims are
being made or denied?Do you think the claims
were persuasive?
“K
eep C
ool”
The C
olo
red A
merica
n,
Nove
mber 2
, 1839
“ We have been highly pleased, for some weeks past,
with the independent and fearless tone of the N.Y.
Sun, while discussing the rights and wrongs
of the Amistad affair. ...
Ever since the capture of the Amistad, and the
confinement of the Africans, the editors of these
latter papers have been growling and firing volley
upon volley of abuse from their smut-machines upon
these men, because, forsooth, they had dared, after
having been stolen from their native land, and torn
from the arms of their wives and children, and forced
on board a slave-ship, being bound in irons and
otherwise cruelly treated, to break their shackels and
assert their “inalienable rights to life,
LIBERTY,” etc.”
Ple
a o
f Cin
que a
nd th
e o
ther
Mende ca
ptiv
es, N
ovem
ber 1
9,
1839, in
the U
.S. D
istrict Court
for th
e D
istrict of C
onnecticu
t ... and still of right are and ought to be free,
and not slaves...
... and being of right free as aforesaid 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 said Island of Cuba, as they
had right to do, with the intent to return
therein to their native country, or to reach 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
...”
Judge A
ndre
w Ju
dso
n’s
decisio
n (e
xce
rpts), U
.S.
District C
ourt fo
r the
District o
f Connecticu
tGEDNEY et al. v. L'AMISTAD.
... These Africans come in person, as our law
permits them to do, denying this right.
… If, by their own laws, they cannot enslave
them, then it follows, of necessity, they cannot
be demanded. When these facts are known by
the Spanish minister, he cannot but discover
that the subjects of his queen have
acquired no rights in these men.
They are not the property of Spain. His
demand must be withdrawn.”
Supre
me C
ourt a
rgum
ents
of Jo
hn Q
uin
cy A
dam
s
(exce
rpts)
... The moment you come,
to the Declaration of
Independence, that every
man has a right to life
and liberty, an inalienable
right, this case is decided.
I ask nothing more in behalf
of these unfortunate men,
than this Declaration. ...”
Supre
me C
ourt o
pin
ion
(exce
rpts)
... and the United States are bound to respect their
rights as much as those of Spanish subjects. The
conflict of rights between the parties under such
circumstances, becomes positive and inevitable, and
must be decided upon the eternal principles of justice
and international law. ... there could be no doubt of the
right of such American citizens to litigate their
claims ...
... never could have intended to take away the equal
rights of all foreigners,
... there does not seem to us to be any ground for
doubt, that these negroes ought to be deemed free;
and that the Spanish treaty interposes no obstacle to
the just assertion of their rights.”
“A
ppeal to
the F
riends o
f
Lib
erty.”
New
York
Com
mercia
l Advertise
r,
Septe
mber 5
, 1839.
... Under these circumstances, several
friends of human rights have met to
consult upon the case of these
unfortunate men, and have appointed
the undersigned a committee to employ
interpreters, able counsel, and take all
the necessary means to secure the
rights of the accused. ...”
Simeon S. Jocelyn, 34 Wall street.
Joshua Leavitt, 143 Nassau street.
Lewis Tappan, 122 Pearl street.
New York, Sept. 4, 1839.
1841
Creole Case
1842
