The Amistad Case

I shall then desire to see and converse with you concerning the case and will if necessary devote the day to that object. ~ John Quincy Adams

Roger Sherman Baldwin

Our cousin Roger Sherman Baldwin (5C7X) was born in New Haven, Connecticut in 1793. He graduated with high honors from Yale University in 1811. After passing the bar in 1814, he began his own law practice in New Haven. Roger began his public career as a member of the city government in his hometown and, in 1837, was elected to the Connecticut State Senate. While he would continue his public service, eventually attaining the governorship of Connecticut, Roger is most celebrated for his part in the Amistad case in 1841.

the revolt

The story of the Amistad began In February of 1839 when Portuguese slave hunters abducted a large group of Africans from Sierra Leone, Africa and shipped them to Havana, Cuba, which was then a hub for the slave trade. This act was a violation of all slave trading treaties that existed at that time within most countries, including Spain and the United States. In Havana, 53 of the Africans were sold to two Spanish plantation owners, Pedro Montes and Jose Ruiz. Montes and Ruiz had a schooner, the Amistad, waiting to ship their precious cargo to a Carribean island where they would be resold to plantation owners there. .

In June, as the Amistad sailed along the coast of Cuba, one of the Africans chained in the hold below managed to free himself. Cinque, as he came to be known, soon freed the others and, with makeship weapons, the group made their way to the deck where they quickly killed the captain and another crew member. With the rest of the crew members now "subdued," the Africans took control of the ship. They ordered Montes and Ruiz, also on board, to set sail back to Africa.

Below is an American newspaper's depiction of the revolt:

Since none of the Africans had the slightest idea how to navigate a ship, Ruiz and Montes had the crew steer north instead of south east back to Africa. On August 24, the Amistad reached the coast of Long Island, NY. The ship was quickly seized by the U.S. brig Washington, commanded by Lt. Thomas Gedney. Hoping for some sort of compensation from the seizure, Gedney and his crew towed the ship to Connecticut where the practice of slavery was still legal.

(1) Sierro Leone, Africa (2) Havana, Cuba (3) Long Island, NY

jockeying for position

After arriving in New London, CT, Ruiz and Montes were freed and the Africans summarily thrown into jail on charges of murder. As various cases went to court, the first matter to be dealt with was the charge of murder against the Africans. That trial began on September 19, and, after three days of arguments, "Judge Thompson ruled that the court had no jurisdiction over the charges, because the alleged crimes had been committed on a Spanish ship in Spanish waters." After the charge of murder was dropped, a writ of habeas corpus was submitted to the court by a group of abolitionists who hoped the Africans would be freed from their imprisonment:

Even though Judge Thompson expressed "doubt as to the legality of the Africans’ enslavement," he denied the motion and they remained in jail.

President Martin Van Buren, hoping to avoid an international incident, was in favor of shipping the Africans back to Cuba where Spaniards Ruiz and Montez could duke it out with Spain which was demanding the return of both the ship and the slaves. Luckily for the Africans, the abolitionists, led by Lewis Tappan, felt the Africans should be free to return to their homes and a substantial sum of money had been raised for their defense.

Also lucky for the Africans, our cousin Roger Baldwin lived in New London, Connecticut, a scant 50 miles from New Haven. Though Roger had held various public offices, it was in the practice of law that he had "attained the highest distinction." When Tappan approached him about the case, Roger readily agreed to take it. And, as it turned out, he was a natural choice to defend the Africans. From the Museum of Connecticut History site:

Baldwin’s legal skills and great diction earned him many clients and distinction at the bar. However, he was also concerned about the less fortunate. Like his father (Simeon Baldwin) Baldwin was an ardent opponent of slavery. Early in his career, he defended and secured the freedom of a runaway slave. In another instance, Baldwin, along with Simeon Jocelyn, a prominent abolitionist, confronted an angry crowd of people who opposed the building of a training school for blacks in New Haven.

Note: Simeon Baldwin (4C8X) graduated from Yale in 1781, was admitted to the bar in 1786, served in Congress from 1803-1805 and was elected mayor of New Haven in 1826.

the civil cases begin

As the Africans languished in jail, three separate entities claimed rights to either ownership or compensation. Slave traders Montez and Ruiz, the government of Spain and Lt. Thomas Gedney, captain of the ship Washington, all filed suit to get their just due.

Gedney's claim stemmed from a maritime law which allowed compensation "to persons whose assistance saves a ship or its cargo from impending loss." In his bid to win compensation for taking the Amistad under protection, Captain Gedney was "very detailed" in his description. He estimated the value of the ship and cargo at $40,000 and the value of the Africans as slaves at $25,000. He stated that the Africans could speak only native African tongues and that one of the two Spanish plantation owners, Jose Ruiz, spoke English. Gedney's statement "included the account of the mutiny as told by Ruiz."

Montez and Ruiz claimed ownership of the Africans and produced bills of sales they had received in Cuba.

The trial began on November 19, 1839 with Judge Andrew Judson presiding. Roger and his co-council argued that the supposed slaves were "natives of Africa and were born free, and ever since have been and still of right are and ought to be free and not slaves..." They further argued that the Africans "were not a part of a Spanish domestic slave trade and instead had been forcibly kidnapped from the African coast. . .while suffering 'great cruelty and oppression' on board the Amistad, they were 'incited by the love of liberty natural to all men' to take possession of the ship by force and seek asylum somewhere."

Roger's argument swayed Judge Judson who, in January of 1840, ruled that the Africans "were justified in resisting their illegal captivity" and ordered them to be returned to Africa.

While the Court also awarded salvage on the ship to Gedney, Ruiz and Montez, the Spanish government wasn't happy about the loss of revenue for the Africans. The U.S. District Attorney, in an attempt to appease the Spaniards, duly filed an appeal to the Supreme Court.

the Supreme Court case

Cousin Roger was still retained in the case that went before the Supreme Court but the abolitionists also sought the help of someone who could add extra credibility to their cause. John Quincy Adams was the perfect candidate. He "had extensive experience within the government, had argued before the Supreme Court, negotiated international treaties, and abhorred slavery."  Adams had also been involved in a long struggle stop the annexation of Texas as a slave state.

After receiving letters from Cousin Roger, Adams, 73 at the time, wrote back expressing his reluctance to take the case:

Roger S Baldwin Esqr New Haven Conn

Boston 11 Nov 1840

Dear Sir

I have received your obliging letters of the 2nd and 4th inst together with the narrative of the case to be tried before the Supreme Court of the United States. . .

I consented with extreme reluctance at the urgent request of Mr. Lewis Tappan and Ellis Gray Loring to appear before the Court as one of the counsel for these unfortunate men. My reluctance was founded entirely and exclusively from the consciousness of my own potency to do justice to their cause. In every other point of law there is in my estimation no higher object upon earth of ambition than to occupy that position.

I expect to leave this city next Monday the 16th inst for Hartford, and hope to be the next morning Tuesday the 17th at New Haven. I shall then desire to see and converse with you concerning the case and will if necessary devote the day to that object.

I am with great respect Dear Sir your obed servt. J. Q. Adams

Adams may have been right to be reluctant. From the Bill of Rights Institute website we learn a little more about Adams' initial involvement in the case:

After he accepted the case, Adams grew extremely nervous. He then made a careless mistake by losing his temper in the House during a debate over the gag rule when he ranted against Congressman Henry A. Wise of Virginia. Adams and Wise were rivals in the House and regularly attacked each other over slavery. This time, however, Adams was appalled by his own behavior and continued to lament his actions. Because of his embarrassment about the situation, he asked his colleague Roger Baldwin to make the opening statements in the Amistad case before the Supreme Court.

Next up, court is in session.