The Amistad
Case
By
James P. Walsh
Connecticut
served as the site of one of the most interesting and puzzling
affairs in American legal history. The episode began in 1839 when
a group of about fifty newly enslaved Africans, led by a man called
Cinque, seized control of a Spanish slaveship, the Amistad,
in the Caribbean. The Africans killed most of the crew and ordered
the survivors to sail the ship back to Africa. Instead, the crew
steered the ship for Cuba and wound up off course in Long Island
Sound, where a United States naval vessel captured the vessel.
A number of legal issues arose. The Spanish government claimed
that the Africans were murderers and demanded that they be returned
to their rightful "owners." On the other hand, international
law forbade the slave trade with Africa, and it was argued that
the Africans were kidnap victims with the right to resist their
kidnappers. The United States Navy claimed ownership of the Amistad
and its cargo because of the right of salvage on the high seas.
Abolitionists immediately seized upon the case as a chance to
vindicate the right of slaves to liberate themselves, even by
force of arms.
The
Africans became the special concern of Connecticut abolitionists.
Roger Sherman Baldwin (1793-1863), one of the state's most prominent
lawyers and a future governor, deserves much of the credit for
defending them. The most important issues, whether the Africans
were guilty of piracy and murder, went to the United States Supreme
Court where Baldwin and John Quincy Adams, the former president,
succeeded in having the Africans exonerated in March 1841.
While
their status was being fought over in the courts, the Africans
became heroes to the people of Connecticut and neighboring states.
They were constantly on tour, speaking through translators of
their home and the evil of slavery. Cinque was especially admired
because he seemed to have the same classical, patriotic qualities
that Americans found in George Washington. At one point, when
it looked as though the United States government might respond
to Spanish pressure and send the Africans back into slavery, some
in Connecticut prepared to defy the government by sending the
Africans to safety in Canada. In a sense, the Amistad case
portended the massive defiance of Federal law in the North that
followed passage of the stringent Fugitive Slave Law of 1850.
It
would be nice to say that everything ended happily after the Supreme
Court victory in 1841; such, however, was not the case. Instead
of returning the Africans immediately to their homeland, the Connecticut
abolitionists installed them in Farmington where they were given
a crash course in Christianity. A house was built for them, and
some of the abolitionists talked of allowing the Africans to stay
in Farmington permanently. This idea disturbed the local residents
and led to random attacks on the Africans, culminating in a near
riot in September 1841. The people of Connecticut did not want
the Amistad heroes to be returned to slavery, but neither
did they want more blacks in the state. Racism and abolitionism
were not incompatible attitudes in nineteenth-century Connecticut.
For
Further Reading
There
is a good account of the episode in William A. Owens, Slave
Mutiny (New York, 1952).
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Entry under revision.
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