Thursday, December 20, 2018

Would the U.S. Take You In If You Revolted as a Slave on a Ship? The Gripping Amistad Case



Picture yourself on the slave-trading ship, La Amistad. You and 48 other slaves were being transported from Havana to Puerto Principe (Cuba) to be sold. When your ship ran out of rations, the ship’s cook told you would be killed and eaten. One of you—Cinque— freed himself from his chains and killed the cook—and next, killed the captain.
You were in control of the ship and wanted to sail to a free port. You needed help from the sailors. They deceived you, guiding the ship to a Long Island, New York port. They chose this port because slavery was legal in the U.S. and America could be trusted to return you—viewed as “property”— to Jose Ruiz and Pedro Montez.
You were caught between the conflicting claims of Spain—a rogue nation that traded slaves in the Caribbean in the 1840s-- and Great Britain, a nation that led an international effort to abolish slave trading. (Spain argued that its obligations did not extend to its possession, Cuba.)
Would the U.S. hand you over to Spanish authorities or free you?
The Supreme Court ordered your freedom, stating:
“… supposing these African negroes not to be slaves, but kidnapped, and free negroes, the treaty with Spain cannot be obligatory upon them; and the United States are bound to respect their rights as much as those of Spanish subjects…. and that the said negroes be declared to be free, and be dismissed from the custody of the court, and go without delay.”
Abolitionist supporters took the survivors – 36 men and boys and three girls – to Farmington, Connecticut, a village that figured prominently as a terminal point for the Underground Railroad.
Would the U.S. reach the same legal outcome today? Would these former slaves be allowed to live in the U.S. without fear of removal to a foreign power?

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