Content Description
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... (title continues) Africans, captured in the schooner Amistad, by Lieut. Gedney, delivered on the 24th of February and 1st of March, 1841: with a review of the case of the Antelope, reported in the 10th, 11th, and 12th volumes of Wheaton’s Reports. Published by Seth Williston Benedict. Reprinted in 1969 by Arno Press, also available on microfilm.
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Transcript
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Show/hide ...I appear here on the behalf of thirty-six individuals, the life and liberty of every one of whom depend on the decision of this Court.... Three or four of them are female children, incapable, in the judgment of our laws, of the crime of murder or piracy, or, perhaps, of any other crime. Yet, from the day when the vessel was taken possession of by one of our naval officers, they have all been held as close prisoners, now for the period of eighteen long months.... The Constitution of the United States recognizes the slaves, held within some of the States of the Union, only in their capacity of persons--persons held to labor or service in a State under the laws thereof--persons constituting elements of representation in the popular branch of the National Legislature--persons, the migration or importation of whom should not be prohibited by Congress prior to the year 1808. The Constitution no where recognizes them as property. The words slave and slavery are studiously excluded from the Constitution. Circumlocutions are the fig-leaves under which the parts of the body politic are decently concealed. Slaves, therefore, in the Constitution of the United States are persons, enjoying rights and held to the performance of duties.... The persons aforesaid, described as slaves, are Negroes and persons of color, who have been transported from Africa in violation of the laws of the United States.... The Court should enable the United States to send the Negroes home to Africa...in pursuance of the law of Congress passed March 3, 1829, entitled "An act in addition to the acts prohibiting the slave-trade".... The President...signed [an] order for the delivery of MEN to the control of an officer of the navy to be carried beyond sea.... The District Judge, contrary to all [the] anticipations of the Executive, decided that the thirty-six Negroes...brought before the Court...were FREEMEN; that they had been kidnapped in Africa; that they did not own...Spanish names;...that they were not correctly described in the passport, but were new Negroes...fully entitled to their liberty. Well was it for the country--well was it for the President of the United States himself that he paused before stepping over this Rubicon!... The indignation of the freemen of Connecticut, might not tamely endure the sight, of thirty-six free persons, though Africans, fettered and manacled in their land of freedom, to be transported beyond the seas, to perpetual hereditary servitude or to death, by the servile submission of an American President to the insolent dictation of a foreign minister.... [President Van Buren informed his subordinates that] if the decree of the Judge should be in our favor, and you can steal a march upon the Negroes by foreclosing their right of appeal, ship them off without mercy and without delay: and if the decree should be in their favor, fail not to enter an instantaneous appeal to the Supreme Court where the chances may be more hostile to self-emancipated slaves.
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