What was exceptional about the amistad case
They were also claimed as property by the Spaniards and, along with the rest of the cargo, by the American captors who brought them to Connecticut. The legal issues were first considered in September when the Circuit Court met in Hartford. Justice Smith Thompson dismissed the charges of piracy and murder against the Africans on the grounds that the alleged crimes occurred in Spanish territory.
However, the issue of what should be done with the Amistad and its cargo, which might include the Africans, was referred to the U. District Court. In January , the U. He ruled that the Africans were not slaves, even under Spanish law, and should be released. He stated that the Africans "were born free and ever since have been and still of right are free and not slaves. Thomas Gedney, the commander of the USS Washington, should receive one-third of the value of the Amistad and its cargo.
Prior to this case, Judson was a leader in closing the academy for "young ladies of color" started by Prudence Crandall in Canterbury, Connecticut. His decision was a shock to the administration, and the government attorneys filed an appeal.
Taney, were Southerners who had at one time or another owned slaves. To the administration's surprise and disappointment, the majority on the Supreme Court decided against them. Justice Joseph Story said the main issue was whether the blacks were the property of Ruiz and Montes and returnable under the [Pinckney] treaty of The blacks were kidnapped and unlawfully transported, he said.
The right of self-defense is held by people held illegally. There was an "ultimate right," he said, "of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice. The real issue, he said, was a conflict of rights between parties. The Amistad captives had the right to equal justice before the courts.
They had rights to a fair trial. Cinque and the other Africans testified in the courts, and were given other legal rights that had previously been granted only to white people.
But Story's decision affirmed that slaves were property and that the blacks were free solely because neither Spain nor the U. Classroom Application The Amistad incident can be re-enacted with students assuming the roles of participants in this important episode in the history of the struggle against slavery.
Students can select or be assigned the roles listed below. Because some of the roles are those of proponents of slavery, teachers should first ensure that the simulation is not one that would upset any students in their class, and should be confident that it is an acceptable activity for the community in which their school is located. The groundwork for the activity should include contacts with students to determine whether they regard the re-enactment as an appropriate exercise, as well as guidance by the teacher to prevent roles from being performed in a misleading or stereotypical manner.
The purpose of the re-enactment is to involve students more profoundly in the study of history, and this can be better achieved when students feel comfortable with the activity.
Joshua Leavitt Atty. Roger S. Baldwin John Quincy Adams Atty. Thomas Gedney Atty. Ralph Ingersoll Atty. The Chief Justice was Roger B.
The writer of the majority opinion was Associate Justice Joseph Story. The attorneys can be given the additional task of serving as group leaders. Students should understand that the case is not a trial or a debate. They should focus their efforts on making a persuasive presentation that reviews the facts, laws, and decisions made by the lower courts. Each side should be given a set amount of time to present its case.
Justices may question any points that are unclear, omitted, or in contention. After the presentations, each side may present concluding arguments that may respond to points raised by the opposition. After a suitable time for discussion, the Justices are to make their decision by voting. Majority and dissenting opinions may be expected and opinions written. Objectives As a result of participating in this case, students will be able to do the following:.
The Facts Familiarize students with the Amistad incident. Give a brief overview of the revolt, events leading up to the ship's capture, and the trial in Connecticut.
Distribute background materials before students assume roles. Read or reproduce material from the beginning of this article, but be sure not to include information regarding the decision of the Supreme Court. Provide time for students to read and review this information.
The Laws At the time of the Amistad incident, slavery had been practiced in the United States for more than two hundred years. It was widespread in the South and a critical part of that region's economy. Although many northern shipowners benefited from the trade, slavery was never widely practiced in the region. During the Revolutionary War era, many northern states passed laws providing for the gradual emancipation of the slaves within their borders.
Although slavery was still legal in Connecticut in , there were fewer than twenty slaves, compared to some six thousand free African Americans living in the state.
The Constitution banned the importation of slaves after , but there were no federal laws having to do with slavery within the states. Each state made its own laws. By , most people in the north did not want to take a stand on the issue of slavery, fearing that it would destroy the union. For the most part, abolitionists were considered dangerous fanatics. The applicable legislation of the time provided the following background for the Amistad case:.
The Issues After students clearly understand the facts and the law, explain that the case has gone through the Circuit Court and District Court in Connecticut and has been appealed to the U. Supreme Court by the government. The Supreme Court is the final arbiter of the case. For the purposes of this hearing, the issues to be determined by the Court are the following:.
To keep the discussion focused on these issues, you may wish to write on the board. To clarify the implications of each issue, you may also wish to have students suggest other questions that arise from these. Leaving behind his wife and three children, he was taken to a slave center where he was sold and put aboard a vessel bound for Cuba.
As a result, they hope to return. The vessel from New Haven left this morning loaded with memories of warm support over a busy Labor Day weekend. The ship arrived Thursday morning from New Haven for a four-day visit.
Through the long weekend, hundreds boarded the vessel for tours. Some paying guests went for an evening sail. Two public receptions were held for the visiting vessel and her friends. The crew and captain were given a reception on Thursday evening at the Sail Martha's Vineyard headquarters on Main street in Vineyard Haven.
Amistad is among the youngest of wooden vessels in the worldwide fleet of tall sailing ships, and this was her first visit to the Vineyard. She was built in two years in Mystic, Conn.
In her maiden voyage, she participated in the parade of sail in Operation Sail in New York city. The ship is only partially like the original Amistad; she is better built with wood from around the world. She is built as a floating museum and meets the strictest of U. Coast Guard regulations to carry passengers.
On board, volunteers with the nonprofit foundation shared the history of the original Amistad and talked about the mix between the past and present.
Apparently, his wife and children were sold into slavery during this conflict, and he never saw them again. He later worked as an interpreter for the American Missionary Association. 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 The Constitution no where recognizes them as property.
The words slave and slavery are studiously excluded from the Constitution. Notify me of follow-up comments by email. Notify me of new posts by email. Lawrance— March 9 marks the th anniversary of the Supreme Court decision U.
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