DON PEDRO MONTEZ."

Ruiz and Montez are thus described by a correspondent of the New London

Gazette, who visited the Amistad immediately after its capture:

"Jose Ruiz, is a very gentlemanly and intelligent young man, and

speaks English fluently. He was the owner of most of the slaves

and cargo, which he was conveying to his estate on the Island of

Cuba. The other, Pedro Montez, is about fifty years of age, and

is the owner of three of the slaves. He was formerly a ship

master, and has navigated the vessel since her seizure by the

blacks. Both of them, as may be naturally supposed, are most

unfeignedly thankful for their deliverance. Pedro is the most

striking instance of complacency and unalloyed delight we have

ever witnessed, and it is not strange, since only yesterday his

sentence was pronounced by the chief of the bucaneers, and his

death song chanted by the grim crew, who gathered with uplifted

sabres around his devoted head, which, as well as his arms, bear

the scars of several wounds inflicted at the time of the murder

of the ill-fated captain and crew. He sat smoking his Havana on

the deck, and to judge from the martyr-like serenity of his

countenance, his emotions are such as rarely stir the heart of

man. When Mr. Porter, the prize master, assured him of his

safety, he threw his arms around his neck, while gushing tears

coursing down his furrowed cheek, bespoke the overflowing

transport of his soul. Every now and then he clasped his hands,

and with uplifted eyes, gave thanks to 'the Holy Virgin' who had

led him out of his troubles."

It will be necessary to contrast the deeds of these "gentlemanly and

intelligent" _Christians_ with that of the "ruthless gang of African

bucaneers," from whose grasp they were so providentially rescued. In

giving the subsequent detail, I would not be understood as compromising

for a single instant my belief in the inviolability of human life,

though it must I think be confessed that in the instance related below,

the heathen and barbarous negroes contrast very favorably with the

civilized and Christian Spaniards.

"The following communication from Mr. Day, of New Haven, gives a

summary account of the African captives, as stated by

themselves, from the time they left Africa, till the time they

obtained possession of the Amistad:

"NEW HAVEN, OCT. 8, 1839.

[To the Editor of the Journal of Commerce.]

"Gentlemen--The following short and plain narrative of one or

two of the African captives, in whose history and prospects such

anxious interest is felt, has been taken at the earliest

opportunity possible, consistently with more important

examinations. It may be stated in general terms, as the result

of the investigations thus far made, that the Africans all

testify that they left Africa about six months since; were

landed under cover of the night at a small village or hamlet

near Havana, and after ten or twelve days were taken through

Havana by night by the man who had bought them, named Pipi, who

has since been satisfactorily proved to be Ruiz; were cruelly

treated on the passage, being beaten and flogged, and in some

instances having vinegar and gunpowder rubbed into their wounds;

and that they suffered intensely from hunger and thirst. The

perfect coincidence in the testimony of the prisoners, examined

as they have been separately, is felt by all who are acquainted

with the minutes of the examination, to carry with it

overwhelming evidence of the truth of their story.

Yours respectfully,

"GEORGE E. DAY."

"MONDAY, OCT. 7.

"This afternoon, almost the first time in which the two

interpreters, Covey and Pratt, have not been engaged with

special reference to the trial to take place in November, one of

the captives named Grabeau, was requested to give a narrative of

himself since leaving Africa, for publication in the papers. The

interpreters, who are considerably exhausted by the examinations

which have already taken place, only gave the substance of what

he said, without going into details, and it was not thought

advisable to press the matter. Grabeau first gave an account of

the passage from Africa to Havana. On board the vessel there was

a large number of men, but the women and children were far the

most numerous. They were fastened together in couples by the

wrists and legs, and kept in that situation day and night. Here

Grabeau and another of the Africans named Kimbo, lay down upon

the floor, to show the painful position in which they were

obliged to sleep. By day it was no better. The space between

decks was so small,--according to their account not exceeding

four feet,--that they were obliged, if they attempted to stand,

to keep a crouching posture. The decks fore and aft were crowded

to overflowing. They suffered (Grabeau said) terribly. They had

rice enough to eat, but had very little to drink. If they left

any of the rice that was given to them uneaten, either from

sickness or any other cause, they were whipped. It was a common

thing for them to be forced to eat so much as to vomit. Many of

the men, women, and children died on the passage.

"They were landed by night at a small village near Havana. Soon

several white men came to buy them, and among them was the one

claiming to be their master, whom they call Pipi, said to be a

Spanish nick-name for Jose. Pipi, or Ruiz, selected such as he

liked, and made them stand in a row. He then felt each of them

in every part of the body; made them open their mouths to see if

their teeth were sound, and carried the examinations to a degree

of minuteness of which only a slave dealer would be guilty.

"When they were separated from their companions who had come

with them from Africa, there was weeping among the women and

children, but Grabeau did not weep, 'because he is a man.'

Kimbo, who sat by, said that he also shed no tears--but he

thought of his home in Africa, and of friends left there whom he

should never see again.

"The men bought by Ruiz were taken on foot through Havana in the

night, and put on board a vessel. During the night they were

kept in irons, placed about the hands, feet and neck. They were

treated during the day in a somewhat milder manner, though all

the irons were never taken off at once. Their allowance of food

was very scant, and of water still more so. They were very

hungry, and suffered much in the hot days and nights from

thirst. In addition to this there was much whipping, and the

cook told them that when they reached land they would all be

eaten. This 'made their hearts burn.' To avoid being eaten, and

to escape the bad treatment they experienced, they rose upon the

crew with the design of returning to Africa.

"Such is the substance of Grabeau's story, confirmed by Kimbo,

who was present most of the time. He says he likes the people of

this country, because, to use his own expression, 'they are good

people--they believe in God, and there is no slavery here.'

"The story of Grabeau was then read and interpreted to Cinque,

while a number of the other Africans were standing about, and

confirmed by all of them in every particular. When the part

relating to the crowded state of the vessel from Africa to

Havana was read, Cinque added that there was scarcely room

enough to sit or lie down. Another showed the marks of the irons

on his wrists, which must at the time have been terribly

lacerated. On their separation at Havana, Cinque remarked that

almost all of them were in tears, and himself among the rest,

'because they had come from the same country, and were now to be

parted for ever.' To the question, how it was possible for the

Africans when chained in the manner he described, to rise upon

the crew, he replied that the chain which connected the iron

collars about their necks was fastened at the end by a padlock,

and that this was first broken, and afterwards the other irons.

Their object, he said, in the affray, was to make themselves

free. He then requested it to be added to the above, that 'if he

tells a lie, God sees him by day and by night.'"

The interpreters alluded to in the preceding extract were two Africans

belonging to the crew of the British brig of war Buzzard, which

providentially arrived at New York, from a cruise on the coast of

Africa. They were found to speak the same language as the prisoners, and

with the consent of Captain Fitzgerald, their services were immediately

secured by the indefatigable committee for the African captives. By

their aid much information was elicited respecting the native country

and previous history of these negroes, with many incidental particulars

of great interest, some of which will appear in the following account.

The criminal proceedings against the Mendians being quashed, there

remained the claim of Ruiz and Montez to have the negroes returned to

them as their property. To sustain this claim they produced the license,

signed by the proper authorities at Havana, permitting the removal of

these negroes from that port to Principe, in the same island. This

document is signed by General Espelata, Captain-General of Cuba, and

countersigned by Martinez, one of the most extensive slave-traders in

the known world. This pass or license described the negroes as

_ladinos_, a term used to designate Africans who have been long settled

in Cuba. It was proved, however, that they were _Bozal_ negroes, that

is, such as had been very lately introduced, and the testimony on both

sides, on this point, established a fact that is but too notorious, that

the slave trade to Cuba is openly carried on with the connivance, and

even with the corrupt participation of the authorities. One of the

witnesses, D. Francis Bacon, gives the following account of the slave

trade:--

"Mr. Bacon stated that he left the coast of Africa on the 13th

of July, 1839. He knew a place called Dumbokoro [Lomboko] by the

Spaniards: it was an island in the river or lagoon of Gallinas.

There is a large slave factory or depot at this place, which is

said to belong to the house of Martinez in Havana; there are

also different establishments on different islands. Mr. Bacon

stated that he had seen American, Russian, Spanish, and

Portuguese vessels at Gallinas. The American flag was a complete

shelter; no man-of-war daring to capture an American vessel. The

slave trade on that part of the coast is the universal business

of the country, and by far the most profitable, and all engaged

in it who could raise the means. Extensive wars take place in

Africa, for obtaining slaves from the vanquished. Different

towns and villages make war upon each other for this purpose.

Some are sold on account of their crimes, others for debts. The

slaves are all brought on to the coast by other blacks, and sold

at the slave factories, as no white man dare penetrate into the

interior. Some of the blacks who have been educated at Sierra

Leone, have been principal dealers in the slave trade."

The decision of the District Court of Connecticut on this question of

property, was to the effect that since their original introduction into

Cuba was plainly illegal, they were free by the law of Spain, and of

course could not be the property of Spanish subjects.

The subsequent proceedings were undertaken on behalf of the United

States' Government. "The District Attorney, Mr. Holabird, filed his

claim under Lieut. Gedney's libel, on two distinct grounds; one that

these Africans had been claimed by the Government of Spain, and ought to

be retained till the pleasure of the Executive might be known, as to

that demand; and the other, that they should be held subject to the

disposition of the President, to be re-transported to Africa, under the

act of 1819." The Court finally decreed that the Africans should be

delivered to the President of the United States, to be transported to

Africa, there to be delivered to an agent appointed to receive and

conduct them home. Against this decision, though it is what he had asked

for, Holabird appealed on behalf of the United States' Government, and

through a protracted series of law proceedings, it was finally carried

before the Supreme Court of the United States, the highest tribunal in

the nation. The counsel employed on both sides, in the different stages,

were of the highest reputation; and finally the venerable John Quincy

Adams, after an absence from the Courts of nearly forty years, during

which interval he had filled the highest offices of state, at home and

abroad, in the service of his country, did not think it beneath him to

defend the Mendians before the Supreme Court, against the _conspiracies_

of Forsyth, the Secretary of State, and the Spanish Ambassador. In his

first communication to the latter, Forsyth says:

"All the proceedings in the matter, on the part of both the

executive and judicial branches of the government, have had

their foundation in the assumption that Montez and Ruiz alone

were the parties aggrieved; and that their claim to the

surrender of the property was founded in fact and in justice."

The Spanish minister and his successor, complained bitterly, in the

course of a long correspondence, of the delay in giving up the Africans,

on the ground, as emphatically stated in one of their letters to the

Department of State, that "the public vengeance had not been satisfied;

for be it recollected that the legation of Spain does not demand the

delivery of slaves, but of assassins." In a previous communication it

was intimated that "the infliction of capital punishment in this case

(in the United States,) would not be attended with the salutary effects

had in view by the law, when it resorts to this painful and terrible

alternative, namely, to prevent the commission of similar offences."

Notwithstanding these dreadful intimations of the fate awaiting the

Africans in Cuba, the American Government deliberately adopted the

design of delivering them up, either as _property_ or as assassins. That

Government found willing agents in the United States' Marshal, and the

District Attorney of Connecticut. The following extracts from the

argument of John Quincy Adams, will explain these disgraceful

transactions:

"On the 7th of January, the Secretary of State writes to the

Secretary of the Navy, acknowledging the receipt of his letter

of the 3d, informing him that the schooner Grampus would receive

the negroes of the Amistad, 'for the purpose of conveying them

to Cuba, in the event of their delivery being adjudged by the

Circuit Court, before whom the case is pending.' This singular

blunder, in naming the Court, shows in what manner and with how

little care the Department of State allowed itself to conduct an

affair, involving no less than the liberties and lives of every

one of my clients. This letter enclosed the order of the

President to the Marshal of Connecticut for the delivery of the

negroes to Lieut. Paine. Although disposing of the lives of

forty human beings, it has not the form or solemnity of a

warrant, and is not even signed by the President in his official

capacity. It is a mere order.

"'The Marshal of the United States for the District of

Connecticut will deliver over to Lieut. John S. Paine,

of the United States Navy, and aid in conveying on board

the schooner Grampus, under his command, all the

negroes, late of the Spanish schooner Amistad, in his

custody, under process now pending before the Circuit

Court of the United States for the District of

Connecticut. For so doing, this order will be his

warrant.

"'Given under my hand, at the city of Washington, this

7th day of January, A.D. 1840.

"'M. VAN BUREN.

"'By the President:

"'JOHN FORSYTH, Sec. of State.'

"That order is good for nothing at all. It did not even describe

the Court correctly, under whose protection those unfortunate

people were. And on the 11th of January, the District Attorney

had to send a special messenger, who came, it appears, all the

way to Washington in one day, to inform the Secretary that the

negroes were not holden under the order of the Circuit Court,

but of the District Court. And he says, 'Should the pretended

friends of the negroes'--the pretended friends!--'obtain a writ

of Habeas Corpus, the Marshal could not justify under that

warrant.' And he says, 'the Marshal wishes me to inquire'--a

most amiable and benevolent inquiry--'whether in the event of a

decree requiring him to release the negroes, or in case of an

appeal by the adverse party, it is expected the Executive

warrant will be executed'--that is, whether he is to carry the

negroes on board of the Grampus in the face of a decree of the

Court. And he requests instructions on the point."

On the 12th of January, the very next day after the letter of the

District Attorney was written at New Haven, the Secretary of State

replies in a despatch which is marked 'confidential.'

"'[CONFIDENTIAL.]

"'DEPARTMENT OF STATE, Jan. 12,1840.

"'SIR,--Your letter of the 11th inst. has just been received.

The order for the delivery of the negroes of the Amistad is

herewith returned, corrected agreeably to your suggestion. With

reference to the inquiry from the Marshal, to which you allude,

I have to state, by direction of the President, that if the

decision of the Court is such as is anticipated, the order of

the President is to be carried into execution, unless an appeal

shall actually have been interposed. YOU ARE NOT TO TAKE IT FOR

GRANTED THAT IT WILL BE INTERPOSED. And if, on the contrary, the

decision of the Court is different, you are to take out an

appeal, and allow things to remain as they are until the appeal

shall have been decided.

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