of the negroes to act as they did, and declaring that the vessel and its contents were theirs by the law of nations.

On the 5th of September, the United States Attorney for the District of Connecticut, W. S. Holabird, Esq., wrote to Mr. Forsyth, the Secretary of State, apprising him that "the Marshal of this District has in his custody the Spanish schooner Amistad, with her cargo and 41 blacks, supposed to be slaves." The blacks "are now in jail at New-Haven," and "the schooner and cargo have been libelled by Lieut. Gedney" for salvage. Here again is the distinction between the "cargo" and the "blacks." He says also, "the next term of our Circuit Court sits on the 17th instant, at which time I suppose it will be my duty to bring them to trial, unless they are in some other way disposed of." To this Mr. Forsyth replies, Sept. 11, that the Spanish Minister has claimed the "vessel, cargo, and blacks on board, as Spanish property," and directing Mr. Attorney to "take care that no proceeding of your Circuit Court, or of any other judicial tribunal, places the vessel, cargo, or slaves beyond the control of the Federal Executive." M. Calderon had not demanded the "blacks" as 66 property" at all, but as criminals; and his successor, M. Argaiz, Nov. 26, says his complaint is that "the public vengeance has not been satisfied, for be it recollected that the legation of Spain does not demand the delivery of slaves, but of assassins." In the face of this declaration of the legation, Mr. Forsyth instructs Mr. Holabird that the blacks are claimed as "property," and the whole proceeding of our Government is based upon this false assumption. . . .

Mr. Holabird writes again, Sept. 21, to Mr. Forsyth, that "with a view of carrying out your instructions," that is, to prevent "any other judicial tribunal" from placing the negroes "beyond the control of the Federal Executive," he had "filed a libel in the District Court, against the negroes, in behalf of the United States, averring" that they had been claimed by the Spanish Government as property, and also that they had been "imported in violation of the law of 1819," prohibiting the slave trade, and praying the court to "decree that the Marshal hold them subject to the order of the Federal Executive on the one claim or the other." The Circuit Court instructed the Grand Jury that they had no jurisdiction over the alleged crime. The Committee then caused a writ of habeas corpus to be issued from the Circuit Court, to know by what authority the negroes were detained by the Marshal, but Judge Thompson, after full argument, decided that, since these persons had been libelled as property, the question of their right to liberty could not be examined

on habeas corpus· thus subjecting the Common Law and habeas corpus to the paramount authority of the Civil Law in Admiralty process, on a claim of human beings as property a virtual prostration of the great

bulwark of personal liberty, the habeas corpus. . .

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. . . Dec. 30, M. Argaiz writes to Mr. Forsyth, referring to “ conversation which I had with you on the morning of the day before yesterday," in which "you mentioned the possibility that the Court of Connecticut might, at its meeting on the 7th of January next, declare itself incompetent, or order the restitution of the schooner Amistad, with her cargo, and the negroes found on board of her;" and saying that as "these negroes have declared before the Court of Connecticut that they are not slaves, and that the best means of testing the truth of their allegation is to bring them before the courts of Havana," and he is "at the same time desirous to free the Government of the United States from the trouble of keeping said negroes in prison;" he asks as a final and "most particular favor," that our Government would place the negroes "at the disposal of the Captain General of the Island of Cuba, by transporting them thither in a ship belonging to the United States."

On the 6th of Jan. 1840, Mr. Forsyth replies, that he is instructed by the President to state that "in the event of the decision of the Circuit Court of Connecticut being such as is anticipated," he will "cause the necessary orders to be given for a vessel of the United States to be held in readiness to receive the negroes and convey them to Cuba ;" and that "the President has the more readily acceded" to the request, that the negroes "may have an opportunity of proving the truth of their allegation" that they are not slaves," before the proper tribunals of the island." A most benevolent motive for sending persons out of the country!

. . . The requisition upon the Navy Department is dated Jan. 2, and requires the vessel "to be ordered to anchor off the port of NewHaven," not in the harbor, "as early as the 10th of January," and there await her final instructions. . . . The friends of the Africans were not insensible to the danger of some secret and sudden movement, and therefore took the best measures in their power, by sleepless vigilance, and by providing fleet horses at hand, to baffle any such design. That these fears were not groundless, will be seen by a letter . . . of Mr. Forsyth... instructing . . . "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." This is a plain intimation that it was intended to hurry the negroes out of the jurisdiction of the court on the instant the expected decision of the court should be given. The following is the "Executive Order," which Mr. Van Buren should have always before his eyes, and posterity should cause it to be graven on his tomb, to rot only with his memory.

"The Marshal of the United States for the District of Connecticut, will deliver over to Lieut. John J. 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, Secretary of State."

The unexpected decision of Judge Judson in favor of the negroes, declaring them to be manifestly fresh from Africa, and so entitled to their liberty even under the laws of Spain, defeated all these plans, and drove the Government to the necessity of appealing to the Supreme Court of the United States for a final decision, and of supporting this large company in custody at a vast expense, not yet publicly ascertained, all which was cheerfully undertaken, rather than yield to the demands of justice and mercy to the strangers. The Committee took the best methods in their power to give these benighted heathen such instruction as they were capable of receiving; and the most thorough preparations were made for the final trial, which took place at Washington, at the term of the Supreme Court for January 1841. By the blessing of Heaven upon the efforts of the counsel, Mr. Baldwin, and the venerable John Quincy Adams, aided by the light thrown upon the public mind, the Supreme Court confirmed the decision of the lower tribunal, so far as to declare the negroes perfectly FREE. "Thy prey hath escaped thee!" In the following autumn, so many as survived were sent, by public charity, to Sierra Leone, on the coast of Africa, and within a moderate distance of their own homes. Laus Deo.

William Jay, A View of the Action of the Federal Government in behalf of Slavery (Utica, 1844), Appendix [by Joshua Leavitt], 95–102 passim.

183. A Fugitive Case (1841)

BY SAMUEL D. COCHRAN

Oberlin, in Ohio, early became marked as the seat of much abolition excitement fostered by the college there. The writer of the letter given below, which was sent to the Philanthropist, the great abolition paper of the West, belonged to the antislavery agitators. Bibliography as in No. 182 above.

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Oberlin, Feb. 27, 1841.

SCENE of a most exciting character has just transpired in this place. Last Wednesday evening three kidnappers plunged into our midst, seized upon a colored man and his wife, and attempted to escape with their victims.

Between the hours of eight and nine in the evening, the three professed Kentuckians, accompanied by a constable from Pittsfield, five miles south of Oberlin, named Whitney, attacked the house of Mr. Leonard Page, who lives nearly a mile east of our Institution. Having placed a Kentuckian on each side of the house, the constable and the other knocked at the door for admission. Receiving no response, they opened it and entered on their own responsibility. They first found Mrs. Page and her family, among whom was a young lady. Upon those they made an assault, threatening their lives if they attempted to escape from the room, or to offer the least resistance. They next passed into the sitting-room, when they found Mr. Page, and asked him if a colored man called Jefferson, alias Elias, was there. Mr. Page replied that none was there of that name. Said the constable, there must be such a man here, and we will search the house for him. The Kentuckian said he had stolen two horses, and must be caught. Mr. Page demanded their authority- the constable then produced a writ which had been issued by Whitney, a Justice of the Peace in Pittsfield. Supposing the writ to be legal, Mr. Page offered no resistance, and remarking to the constable, 'I should think you would not engage in such business,' he opened the door to the room in which was a colored man, known here by the name of Johnson. The constable calling for help, entered the room, and the Kentuckian who was with him, asked the colored man if his name was Jefferson. The colored man remaining silent, he went forward, and turning up his lip examined his teeth and said, 'this is the man.' By this time the other two entered, and each with a bowie-knife in one hand and a pistol in the other. The constable next inquired for Jane. Mr. Page said he did not know where she was. Constable then searched the closet, and failing to

find her there, he searched the bedroom. Here he found her under the bed, and commanded her to come out, which she did immediately. Having brought them together, he called for the manacles, and was about putting them on, when the man sprung for the window to escape. The constable seized him by the collar, presented his pistol, and told him if he attempted to escape, he would blow him through. Mr. Page advised the colored man to submit patiently. . . . They then left the house with the two on foot, manacled together by the hands.

The alarm was soon communicated to the village. At a meeting of the citizens of Oberlin, which was at that time in progress, a committee of eight was appointed to follow them with special instructions in reference to these two points. 1st. To see that the so-called fugitives should not be carried off without due process of law. 2d. That no violence should be offered to the kidnappers. This committee with some thirty others pursued and overtook them about two miles from the village. The kidnappers being called on to stop, one said to another, we shall have to stop at the first house, which was about twenty rods in advance. They immediately pressed forward to the house and entered it. Had they not been overtaken, it was manifestly their design to travel all night, for one of them said to the negro when arrested, 'you don't stop to-night.' . . . Soon after their entering the house, Bro. A. D. Barber and others came up to the door, which was soon opened by the constable and his Kentucky posse. . . Their authority was demanded, and they were assured that if they had proper legal authority, they should not be molested that we would not violate the law, but were determined to see that the colored people had a fair trial. . . . The warrant was then read, which at the time, we supposed legal, but which proved in the result entirely the contrary. We then demanded that some of our number should go along and see that the colored people were not abused, and had a fair trial; upon which the constable commanded C. L. Carrier, one of our citizens, to assist him. All the others immediately returned to the village. . .

In the morning, finding a large number with E. S. Hamlin, Esq., of Elyria, who had been sent for during the night, collected at an early hour, and determined to secure a fair trial, they began to be in trouble, and sent to Elyria for counsel. After some delay, finding the case must be brought before a Judge in the county, and not a Justice of the Peace, as they had hoped, they concluded to go to Elyria, and chose ten Oberlin men as their body-guard. Arrived at Elyria, the kidnappers