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."
"'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.'
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.
I am, sir, your obedient servant
"'JOHN FORSYTH.
"'W.S. HOLABIRD, Esq.,
"'Attorney U.S. for District of Conn.'
"But after all the order did not avail. The District Judge, contrary to all these anticipations of the Executive, decided that the thirty-six negroes taken by Lieut. Gedney and brought before the Court on the certificate of the Governor-General of Cuba, were FREEMEN; that they had been kidnapped in Africa; that they did not own these Spanish names; that they were not ladinos; and were not correctly described in the passport, but were new negroes bought by Ruiz in the depot of Havana, and fully entitled to their liberty."
"'Attorney U.S. for District of Conn.'
At a public meeting held subsequent to their liberation, the teacher of the Africans made a statement as follows:—Their ruling passion was a love for home; and their desire to return thither was constantly manifesting itself. One day, a short time ago, Fohlee came to his teacher, with his cap in his hand, and said, "If Merican men offer me as much gold as fill this cap full up, and give me houses, land and every ting, so dat I stay in dis country, I say no! Is dat like my father? Is dat like my mother? Is dat like my sister? Is dat like my brother? No! I want to see my father, my mother, my brother and sister." This feeling manifested itself in many ways; and they expressed themselves willing to undergo any thing short of losing their lives, if by so doing they could be at liberty to return to the Mendi country.
I now introduce the lively narrative of my friend Lewis Tappan: