A Book of the United States / Exhibiting its geography, divisions, constitution, and government ... and presenting a view of the republic generally, and of the individual states; together with a condensed history of the land, from its first discovery to the present time. The biography of about two hundred of the leading men: a description of the principal cities and towns; with statistical tables

by Unknown

A third section provided, that if any person be guilty of assaulting, striking or wounding another, for refusing to accept a challenge, or who shall post or publish any person, or use toward them opprobrious language for refusing to accept a challenge, shall, on conviction, be punished as above for a term not exceeding three years.

In August following (26th, 1839,) an event of a novel and interesting character occurred in the capture of the schooner Amistad, a Spanish vessel, found lying in the waters near Long Island. On board of her were two white men, Spaniards, Jose Ruiz and Pedro Montez, and fifty-four African negroes, under the command of one of their own number, whose name was Cinquez. The Amistad, it appeared from subsequent investigations, had sailed from Havana, in the Island of Cuba, for another port in the West India Islands, with a cargo of merchandise, and the Africans on board, claimed as slaves by the two Spaniards, Ruiz and Montez. After having been four nights at sea, the negroes rose upon the whites, killed the captain and crew, took possession of the schooner, and, in endeavoring to return to Africa, were at length found conveyed to the shores of Long Island.

The Amistad was first discovered by the United States revenue brig Washington, which took possession of her, with her cargo and crew, and brought her into the port of New London. The negroes, after an investigation before the district judge, were committed to take their trial before the circuit court of the United States, to be holden at Hartford, on the 17th of September, on a charge of piracy and murder on the high seas. The grand jury, however, under the charge of the court, found no bill against them, and they were discharged from the complaint, but retained in custody under a claim of property interposed by Ruiz and Montez—of the captors for salvage—and of the United States, made in compliance with a demand of the Spanish minister, that they should be surrendered to Spain, in accordance with a treaty existing between that government and the United States. The district attorney also filed a claim on behalf of the United States, that they should be delivered into the hands of the President to be sent back to Africa. On this state of the case, a writ of habeas corpus was obtained from the circuit court then in session at Hartford, to try their right to their liberty. That court decided, that as the Africans were held in custody under a regular process from the district court, they could not be discharged by habeas corpus, but must take their trial on the merits of the case. When the cause came on before the district court, the several claims aforesaid, with a single exception, were declared unfounded, and the Africans were ordered to be delivered to the President to be restored to Africa. From this decree an appeal was taken to the circuit court, which affirming the decree as a matter of form, the case was carried to the Supreme Court of the United States, which adjudged the Africans entitled to their unqualified discharge. The negroes rested their claim on the ground that they were free inhabitants of Africa, had been seized and sold to a slave trader, who had carried them to Cuba in violation of the existing laws of Spain. The conduct of the President of the United States, in making the United States government a party against these Africans, and in appealing from the decree of the district court in their favor, at the instance of the Spanish minister, was regarded by the friends of the Africans as an unwarranted and illegal exercise of power, and was severely reprobated and condemned by many of the public journals. The President was charged with being desirous of delivering up the Africans to the Spanish government, and was said to have ordered a vessel of war to proceed to New Haven, Connecticut, to be ready to take the Africans, for this purpose, from the hands of the district court. The friends of the President, however, claimed that he acted in this matter from a desire merely to ascertain the treaty obligations of the United States, and to preserve them inviolate.

On the 9th of October, 1839, another suspension of specie payments commenced at Philadelphia. It was soon followed on the part of the banks in the interior of Pennsylvania, in Baltimore, in Washington, and in Richmond, until in a short time it became general throughout the south and south-west. In this suspension the banks of New York and New England did not in general participate, but with the exception of the Rhode Island banks, continued to meet the demands made upon them for specie. This suspension was supposed to have for its immediate cause the difficulties and embarrassments of the United States Bank of Pennsylvania, whose drafts on Paris had been protested for non-acceptance. The drafts, however, were, on arriving at maturity, with a single exception, honored by Rothschild.

On the assembling of the twenty-sixth congress, on the 2nd of December, much difficulty was experienced in organizing the house of representatives. Five persons belonging to New Jersey had received certificates of election from the governor, which certificates, it was contended, of right belonged to others. On this question the two political parties in congress were suddenly arrayed against each other, and the state of feeling which followed can scarcely be described. At length the following resolution was offered to the house by Mr. Graves.

Resolved, That the acting clerk of the house shall proceed with the call of the members from the different states of the Union in the usual way, calling the names of such members from New Jersey as hold the regular and legal commissions from the Executive of that state. The discussion of the above resolution was continued until it was apparent to the whole house—the clerk refusing to put it—that unless some other and extraordinary measure was adopted, commensurate with the difficulties in which they were involved, no organization could be effected. In this juncture a resolution was offered, appointing Mr. Adams chairman of the house, which being adopted by a large majority, he was conducted to the chair.

Under the guidance of Mr. Adams, the house proceeded on the 12th to ballot for a speaker. Six ballotings were taken, when no choice having been made, an adjournment to the 16th was moved and carried. On this latter day, the balloting was resumed and resulted, on the eleventh balloting, in the choice of Robert M. T. Hunter,—the New Jersey members not voting.

On the 20th, the question was taken on a resolution to administer the oath to the five gentlemen from the State of New Jersey, who had presented credentials to the speaker and demanded to be sworn, and decided in the negative, one hundred and sixteen to one hundred and twelve.

This decision created a great sensation throughout the Union. It was a wide departure from precedent, and deeply wounding to the pride of New Jersey, as well as injurious to her interests.

The subsequent history of this case is interesting, but, in the opinion of the whig party, reflected great discredit on the majority in the house of representatives. An investigation of the subject was ordered, and the committee on elections entered upon the duty assigned them. They were proceeding in their investigations, when, on the 28th of February, the house directed the committee “to report forthwith which five of the ten individuals, claiming seats from the state of New Jersey, received the greatest number of lawful votes from the whole state for representatives in the congress of the United States, at the election of 1838, in said state.”