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OUT
OF BONDAGE: FROM THE ANNALS OF
THE AMERICAN MISSIONARY ASSOCIATION,
THE STORY OF THE HEROIC SLAVE MUTINY ABOARD THE AMISTAD
BY WARREN MARR II
CAPTURE
Near the northern borders of Sierra Leone,
several Africans (employed by a Portuguese slave trader) slipped
from the woods and overpowered Cinque as he cultivated his
crops. They bound and gagged the muscular young man, and forced
him to hike with them for several days through the immense
stands of tropical trees and lush undergrowth to a sprawling
stockade at the river's delta, not far from the Atlantic Ocean.
They shoved him into the compound, where somebody cut his
bonds and left him standing, bewildered, among a herd of men
and women whom he had never seen and whose mildly curious
faces registered both fear and uncertainty. One thing about
the captives was immediately apparent: they had been chosen
because of their youth and physical perfection. This was the
human merchandise of one of the few remaining slave traders
who, in 1839, was still successful in outwitting the British
slave patrol.
The concern which had been taken in the selection of the captives
was not evident in their care. The stockade was a huge open
space, dry and dusty under the tropical sun, a sea of mud
under torrential rains. Food (once a day) was an unsavory
stew cooked and meted out sparingly from open pots.
Cinque watched for a chance to escape. There was certainly
no advantage in taking desperate chances; he must not be caught
and killed. He wanted to escape so that he could return to
Mani, in the Kaw-Mendi territory, to provide for his wife
and children. He wanted also to use the knowledge he had acquired
at Poro, the house of initiation where he had become learned
in all the laws of his people. Cinque wanted to fulfill his
role as hereditary ruler of Kaw-Mendi. So concerned was he
with escape that he could not sleep that night. Sometime during
his wakefulness, Cinque saw a man trying to scale the posts
of the stockade. As he approached the top, the cutting lash
of a budwhip sank into the man's back. Almost before the feet
of the escapee had dropped to the ground, the lash had cut
again and again. Before Cinque could comprehend the cruelty,
his countryman lay dead in a pool of his own blood. The sight
made Cinque realize that he would have to find another way
to freedom.
NO ESCAPE
But escape did not come. Instead, Cinque's
ankles were chained to a queue of other captives who were
herded into a longboat for a ride through treacherous breakers
to the Portuguese slave ship, the Tecora, which lay at anchor
in deep water. As he rode the crests, Cinque saw several longboats
capsize and their passengers drown because the chains prevented
their swimming.
Aboard the Tecora, chained queues of men and women were ranged
along the deck where a crewman drew his sword and slashed
loincloths from their bodies. A powerful jet of sea water
washed away the mud of the stockade.
Ashamed of their enforced nudity, they were herded below to
the slavehold, and forced to lie -- men, women and children
-- body against body, for the rough voyage yet to come. So
tightly were they pressed into one solid dark mass that, as
the torrid voyage progressed, one could not withdraw from
the path of the spewing vomit of his dying neighbor.
For three months they lay on a deepening mattress of feces
and urine, having gradually become inured to the stench that
hung thick in the shallow deck. The ceiling was too low for
any but the young children to stand and no one could move
in a lateral direction except as the removal of the dead made
room. The heat was unbearable, the voyage a nightmare of violent
tossings of the angry waves of the terrible Middle Passage.
Cinque, the aristocrat, resented his captivity and abhorred
the accumulation of filth which the least of the Mendi would
not have permitted in the sty of his livestock. He wondered
why the Great One permitted such inhumanity and how he, Cinque,
would escape it and find his way home. Much of the time he
spent getting acquainted with his fellow captives, appraising
their strengths and weaknesses. He stored the knowledge against
a day when their escape might be achieved.
Finally, after docking at Havana, the -Africans were herded
to Misericordia, the barracoon or outdoor showroom in which
they would be displayed and sold at prices determined by their
health and strength. Good business required that the merchandise
be in condition to bring the highest possible price. Consequently,
every provision was made for grooming, and food was plentiful.
Bathed, oiled and dressed at Misericordia, forty-nine fattened
African adults and three girls between the ages of seven and
nine were sold to two Cubans, Jose Ruiz and Pedro Montes,
who did not think it was necessary to chain them on board
their ship, the Amistad, for a short coastal voyage to the
eastern end of the island. The oversight was to prove the
undoing of the Cubans.
Through sign language, Cinque tried to determine from the
captors what their fate would be. Cruelly the cook taunted
that they would be boiled and eaten once they reached their
destination. Near panic followed until Cinque's voice cut
through the bedlam. The authority of his speech brought an
uneasy calm. In Mendi, which the Spanish crew could not understand,
Cinque admonished his fellow captives that this was a time
for concerted planning and action, not for wasteful emotion.
He called for a council and, in so doing, became headman of
a floating village. In the session, Cinque proposed killing
the crew and taking the vessel, The others agreed, and the
proposal was soon put into action.
Taking command, Cinque pointed the Amistad into the rising
sun -- the direction from which he knew they had come from
Africa. By threats and signs, they made Ruiz and Montes take
the wheel. But at night, when Cinque was unable to chart his
direction, the Spaniards veered north in the hope of striking
shore in slave territory along the southeastern seaboard of
the United States.
For two months the Amistad (which means "friendship" in Spanish) sailed east by day, north by night. Finally on
Sunday, August 25, 1839, its sails tattered from mishandling
and its passengers suffering from hunger and thirst, she sighted
land and cast anchor in Long Island Sound, not far from Block
Island.
It was here that avarice on the part of two retired sea captains
and two officers from the U.S. Coast Survey brig Washington
combined with fear on the part of the local gentry to cause
the Amistad and its crews to be taken into custody. The Africans
were hard to subdue despite their near exhaustion from thirst
and insufficient food. An unstable quiet came only when Cinque
-- silent and proud -- was lashed to the mast.
Among those who boarded the Amistad at this time were James
Sheffield, an artist of New London and John J. Hyde, editor
of the New London Gazette, who was to become sympathetic to
the Africans. Sheffield secured permission to paint Cinque
and started to work immediately on board ship.
As Sheffield worked, the two men discussed Cinque as a man
and the likeness of him which was developing on the canvas.
They agreed that much of the heroic expression of the eye
and brow was not being captured. But Sheffield, gifted as
he was, found it impossible to do justice to a face he considered
the noblest he had ever seen.
The editor and his artist were thus at work while Andrew T.
Judson, United States judge for the District of Connecticut,
conducted a preliminary hearing on board. Judson accepted
the charge of murder and piracy brought against the Africans
by Ruiz and Montes. He also heard the claim of salvage made
by the officers of the survey ship.
Following the hearing, the noble Cinque
and his company were removed by the Washington to the port
of New London. Between the two points, two sea chests filled
with Spanish dubloons and other valuables disappeared into
the hands of some of the gentry, never to be recovered.
COMMITTED TO JAIL
The Africans were committed to jail, charged
with murder and piracy. Eventually they were transferred to
the New Haven County courthouse where all were crowded into
four small cells -- all except Cinque, who was housed separately
to remove his influence as leader.
Word of the capture, imprisonment and, arraignment spread
quickly along the coast. The newspapers were filled with the
story. Editors argued pro and con as to the guilt of the captives
and the merits of the case against them.
Lewis Tappan, in his Hanover Square warehouse in New York,
read the story in The Sun. Although his once prospering business
was suffering because of his open association with the abolitionists
and although his daughter was in the advanced stages of tuberculosis,
Tappan turned his affairs over to his brother Arthur and started
for New Haven to offer his influence and money for the defense
of the Amistad Africans.
Professor Josia Willard Gibbs (the elder) of Yale Divinity
School, an expert in languages, went to the jail to help find
a language of communication. It was obvious to him that if
any successful defense were to be found for the Africans,
their story would have to be known.
By holding up his fingers, Gibbs eventually secured the words
in Mendi for the numbers from one to ten. With this knowledge
he scoured the local port for some African who would know
the language and found one -- John Ferry -- who was to serve
as translator during the trial in the lower courts.
When Cinque appeared as spokesman for the Africans, his appearance
and regal behavior awed the court and the crowded spectators.
Wrapped in flowing white robes, Cinque came into the courtroom.
With his athletic stride, he bounded to the open area in front
of the seats. Disdainful of the chairs, he gracefully lowered
his body to the floor in a native cross-legged position in
full view of all. There he sat like a statue-erect and without
motion -- until the defense attorney turned to him and called
his name.
Although Cinque knew no English, and before John Ferry could
reach his side to translate, Cinque recognized his cue and
rose from the floor. As he rose, an imperceptible motion of
his arms caused his robes to fall from his shoulders. They
fell like a white cloud out of which his gleaming, muscular
body grew like a brown god.
John Ferry relayed questions to Cinque and answers to the
court. Cinque's responses were careful and measured during
the initial routine questioning and it was easy for Ferry
to follow him. But when Cinque responded to the charge of
piracy and murder, his speech was fast and full of inflection.
Ferry was lost and stood agape.
The eloquence and power of Cinque's oration, the sincerity
of his presentation, the force of his eyes as he looked into
the faces of the court and the spectators were such as to
eliminate the need for a translator. No one knew Mendi, but
every one understood Cinque.
After the arraignment, Ruiz and Montes were concerned about
their claim to the Africans and to the Amistad. Hastening
to Boston, they enlisted the aid of the Spanish consul. Eventually
their story reached the Court of Spain, and the Queen began
exerting pressure on President Martin Van Buren.
Meanwhile, W. S. Holabird, U.S. Attorney for the District
of Connecticut, had reviewed all the documents pertinent to
Judson's hearing. In a written summary to the U.S. Secretary
of State John Forsyth, he suggested that the latter issue
instructions for the disposition of the case. Holabird, a
political appointee, also wrote to U.S. Attorney General Felix
Grundy, complaining that the abolitionists already had created
great excitement over the Africans and their trial and had
retained an army of lawyers. He asked for Grundy's opinion
and instruction. The next day the Spanish consul called and, citing the Treaty
of 1795, demanded that the Amistad be immediately delivered up to her owner,
together with every article found on board at the time of
her capture, without payment being exacted for salvage; that
it be declared that no tribunal in the United States had the
right to institute proceedings against, or impose penalties
upon, the subjects of Spain for crimes committed on board
a Spanish vessel and in the waters of Spanish territory; that
the Africans be conveyed to Havana to be tried by the Spanish
laws which they have violated; that if, in consequence of
the intervention of the authorities of Connecticut, there
should be any delay in the delivery of vessel and slaves,
the owners may be indemnified for any injury that may accrue
to them.
In return for such consideration, he promised that Spain would
return to the United States all slaves escaping to Cuba.
Hastily, Holabird again wrote to Forsyth, who in a few days
replied that the Executive Office was of the opinion the case
was covered by the Treaty of 1795. He also admonished Holabird
not to permit any proceedings of the circuit court or of any
other judicial tribunal, to place vessel, cargo or slaves
beyond the control of the Federal Executive.
Holabird showed the letter to friends and word of it leaked
out to the abolitionists. A storm of protests arose from antislavery
leaders along the coast. In Boston, John Quincy Adams, former
President of the United States, openly attacked the Administration
for attempting to apply pressure on the courts.
In New York two lawyers, Sedgwick and Staples, wrote directly
to President Van Buren. They asserted that neither according
to law of this, nor of their own country, could the pretended
owners of these Africans establish any legal title to them
as slaves. The Africans had been bought by Ruiz and Montes
directly from the slaver. The two lawyers put the matter on
the Spanish law and affirmed that Ruiz and Montes had no claim
whatever under the Treaty of 1795.
The Africans had only obeyed the dictates of self-defense
and had liberated themselves from illegal restraint. The lawyers
asked Van Buren to submit the question for adjudication to
the tribunals of the land in order that it not be decided
in the recesses of the cabinet.
In view of Administration attitudes and directives, Lewis
Tappan took a pre-trial precaution. He arranged with hundreds
of abolitionists that, should the court proceedings play into
the hands of the Spaniards, all the Africans be abducted and
spirited away quickly to Canada by the underground railroad.
Tappan kept this arrangement alive for several years, until
after the final decision of the U.S. Supreme Court, which
eventually heard the case.
The immediate hearings were being held simultaneously in two
courts: in the circuit court a notice of libel was filed,
enumerating various articles found on board the Amistad, including
the Africans themselves. In the district court the officers
of the surveyship filed their suit, asking for salvage; Ruiz
and Montes and the two retired sea captains also filed in
district court.
The circuit court trial eliminated the possibility that the
Africans would be tried in Connecticut for murder. There remained,
however, the possibility that the President might turn them
over to the Spaniards.
In district court, Judge Judson ruled that the Africans were
free born and had been kidnapped into slavery. They should
be delivered to the President of the United States, to be
transported by him back to Africa. Judson's findings were
unacceptable to the friends of the slaves, who feared Van
Buren would turn the Africans over to the Spanish. The case
was appealed to the Supreme Court.
Meanwhile, John Ferry was dismissed as interpreter. A man
with greater knowledge of both languages had to be found.
After a search, a young African crewman of a British slave-patrol
ship was found, who knew both Mendi and English. When the
young man, James Covey, reached the Africans, he immediately
began teaching them English. He remained with them throughout
the Supreme Court trial and eventually accompanied them back
to Africa.
It was largely because of Covey's knowledge of both English
and Mendi that classes in reading and writing were set up
for the Africans. At first the classes were a novelty and
kept the minds of the captives occupied. But, as months dragged
into years, the classes could not offset their restlessness.
It took all Cinque's power as a leader, plus the love the
captives had for Lewis Tappan, to keep them contained and
half content.
WANTED: A LAWYER OF STATURE
Who could they find to present the case
before the Supreme Court? Tappan and his colleagues wanted
a lawyer of stature, for the court at the time included several
proslavery justices. They decided to ask John Quincy Adams,
then 73, even though he had not argued a case before the court
in 30 years.
Adams was sympathetic but reluctant. His
age, health and the distance from Washington made the assignment
a formidable one. But after a lengthy discussion, he finally
agreed.
Roger Sherman Baldwin addressed the
Court first. He analyzed the decisions of both the district
and circuit courts and reviewed the entire Amistad story.
The court adjourned.
The next morning Adams took over as spokesman. He commented
on the consolation he derived from the thought that he was
in a court of justice. "Justice," he said, "
as defined in the Institutes of Just' ' nearly two thousand
years ago and as it is felt and understood by a who understand
human rights, is the constant and perpetual will to secure
to everyone his own rights." He then bemoaned the fact
that it was necessary for him "to arraign before this
court and before the civilized world the course of the Administration
in this case," and that the entire proceedings of the
United States from the beginning were "wrongful. "
A week later, the Supreme Court affirmed the decision of the
district and circuit courts except in regard to the Africans.
It reversed the decision that placed them at the disposal
of the President, instead declaring them immediately free.
It remained now for the "Friends of the Amistad"
to raise money to charter the barque Gentleman, to outfit
her and to transport the 35 Africans who were still alive
to Sierra Leone. The Mendi Mission was established and, in
1846, its sponsors formalized their organization into the
American Missionary Association, today affiliated with the
United Church Board for Homeland Ministries.
Cinque remained at the mission only a very short time. He
was eager to return to his village of Mani and find wife and
children. They were dead -- killed by undetermined marauders
-- and the village wiped out.
Cinque was inconsolable, but he could not leave the area.
In spite of his grief, he began to build an empire in place
of the one that had been taken from him. He eventually became
one of the principal rulers of his people.
In 1879, as an old man, he made the hazardous trip back to
the mission and announced that he had come to die.
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