by David Pesci
Finally, and most intriguing, would be the testimony of the blacks themselves. Tappan had reportedly secured the services of a translator and during the two weeks leading up to the trial a few teasing snippets of accounts by Cinqué and the others had been released. The blacks insisted they were in fact Africans stolen from several African nations, that they had rebelled because they had been threatened with cannibalism by the mulatto cook on board the Amistad, and that their only wish was to return home to their people and families. Though the prosecution had said the translator was a ruse being used to obscure the true facts, Judson had met with Covey in the presence of all counsel and was convinced that seaman’s ability to understand the blacks was genuine.
Despite these new wrinkles, the case would still hinge on the authenticity of the documentation held by Ruiz and Montes, the claims of salvage, and Judson’s rulings on the applicability of Pickney’s Treaty and the Treaty of 1819.
“We will be going against entrenched sentiment regarding the black race and a system which has legally condoned slavery for more than two hundred years,” Baldwin said. “Despite what the law says, we will have to make each of our points so that no hint of doubt exists. And even if we prove our case, it is Andrew T. Judson who ultimately will decide the fate of our African friends.”
“Anything left to Judson is left to the devil himself,” Sedgwick told Staples that morning about an hour before they went over to the courthouse. “He is the same man who declared in the Prudence Crandall case that, ‘Though they may aspire to equality, it is folly to think that the African race occupies the same pedestal of development and intelligence as white men.’”
The opening statement by Holabird was almost identical to what he offered two months earlier in circuit court. However, added to the documentation found on board the Amistad were the several formal letters of protest written by Calderón and Argaiz that cited specific passages in the treaties. Baldwin and his team sat and listened as Holabird’s entire presentation took the full day. Hungerford, Isham, and Ellsworth used up all of the next two days making their statements. Ellsworth was particularly dramatic, saying that he would prove beyond a shadow of a doubt that the Navy officers had used their command of firepower and Marines to cheat Henry Green and his friends from rightful salvage. It wasn’t until the afternoon of the fourth day that Baldwin was allowed to speak. He intended to review in detail the points that had been made during the circuit court trial. He was also ready to put strong emphasis on the new evidence that had come to light. However, his opening volley was aimed squarely at the actions of his opposition.
“Before I begin, Your Honor, I would formally like to protest the United States government’s extreme prejudice in this case.”
“I object, Your Honor,” Holabird said wearily. “The U.S. government is only concerned with discovering the truth in this case. There has been no prejudice exercised whatsoever.”
“I beg to differ, Your Honor,” Baldwin snapped. “It is November of eighteen hundred and thirty-nine. I have been involved with this case since August. And yet, the U.S. federal government has not yet provided me, the other attorneys with whom I am presenting this case, or my clients, with a copy of the Treaty of 1819. Nor did we ever receive a full copy of Pickney’s Treaty. Further, when my clients were incarcerated, it was left up to them to find counsel. Yet, when Mr. Ruiz and Mr. Montes were arrested in October as a result of legal action taken by my clients, the U.S. Secretary of State instructed the Federal District Attorney of New York to extend, and I quote, ‘every courtesy and measure of legal assistance,’ end quote, to both of those gentlemen. Mr. Ruiz and Mr. Montes also received a very lenient form of incarceration, of which Mr. Montes took advantage and appears to have left the country. None of these courtesies or advantages has been extended to my clients, Your Honor. And we still do not have full copies of all the documents we need to properly defend our clients’ interests.”
“Your protest has been noted and entered into the record, Mr. Baldwin,” Judson said.
“To that end, Your Honor, I move for another cessation of this trial until said documents are provided to me and my fellow attorneys, and we are given enough time to examine them with an eye toward our clients’ defense.”
“Motion denied, Mr. Baldwin. This court will not brook a halt in these proceedings if it can be at all helped. However, I will take your request for documents, specifically the noted treaties, under advisement, and strongly exhort Mr. Holabird to use his contacts within the government to procure copies for you.”
“I have been doing all I can,” Holabird said. “There have been some problems with transcription at the proper offices in Washington, however. But I am assured that headway is being made. My apologies to Mr. Baldwin for any inconvenience this may have caused.”
“There, now, you see, Mr. Baldwin, the government is doing its best. Proceed with your opening.”
“But Your Honor …”
“Proceed, Mr. Baldwin. Or be cited for contempt of this court. The choice is yours.”
Baldwin made a dramatic pause. Judson’s response was what he had expected, but there was no reason to let the gallery, or the journalists in attendance, know this. He let out a deep sigh and then spoke.
“Very well, Your Honor. I will proceed. And I am sure that after you hear the testimony of linguistic experts, Dr. Richard Madden, and the men of the Amistad themselves, you will have no other choice but to conclude that the blacks on board the Amistad are in fact residents and citizens of African nations, and as such are subject to immediate release and guaranteed return to their nation as stated by the Treaty of 1819.”
Judson leaned forward from the bench and for the first time since court opened three days earlier interrupted a lawyer making an opening statement.
“Well, that all remains to be seen, now, doesn’t it, Mr. Baldwin?”
Baldwin, not missing a beat, smiled and nodded to Judson.
“As well you shall, Your Honor. As will everyone in this court.”
Baldwin went on to ask Judson if Dr. Madden could be called as the first person to offer testimony as his official duties required that he begin his return trip to England before December. Judson said he would take the request under consideration and pronounce a ruling tomorrow. Court was adjourned at 4:35 P.M.
In the evening, when Tappan was finished talking to the press and had returned to his hotel, the desk clerk handed him a small package that had been delivered by an express cargo carrier. Tappan brought the package up to his room and unwrapped the burlap and string, revealing a small wooden box. He opened it and immediately felt a rush of nausea. Inside was a single black ear, roughly hacked and covered in dried blood. His shaking hands dropped the box on the bed. The ear fell out on the quilt, along with a note, apparently written in blood:
No matter what happens, your niggers will not leave this country alive.
It was signed, “Justice.” Later that night Tappan, who was still rattled by the incident, had a private dinner with Simeon Jocelyn.
“Simeon, we are both praying for a favorable outcome to this trial. But, according to Mr. Baldwin, there is a strong chance the judgment will go against us.”
“He will appeal that decision, of course, Lewis.”
“Of course. But perhaps it is time we talked about some insurance for our African friends.”
Jocelyn raised an eyebrow. He was pretty sure he knew what Tappan meant. “There is a station in Farmington, and another in Stonington,” Jocelyn said. “But how do we get them to either place. I mean, moving thirty-five blacks would be difficult enough in this state. But these men are practically famous.”
“This ‘preferred incarceration’ has left me less worried about that. I think a diversion could be created, or perhaps because of the way spectators are being let to come and go through the jail, we could simply walk them right out under pretense of their daily exercises and spirit them away. New Haven has a harbor. Besides, we don’t have to use the undergroun
d railroad stations here. We could take them to Boston, Portland, or any of a hundred inlets along the way. We could take them straight to Canada for that matter. The important thing is that we must devise two plans, a main strategy and a backup. They should be tight and simple and ready to implement at virtually any moment should the need arise.”
“I will talk to some friends of mine. This may take some money. Perhaps a hundred or so.”
“That is manageable. Get me an exact figure, though, so that we can have the cash on hand. I don’t want to leave anything to chance. I will be damned in hell before Van Buren or some bloodthirsty maniac gets their hands on any of these blacks.”
“I will get to work on it right away.”
“Oh, and Simeon. Not a word to Baldwin or any of the others. God willing, we don’t even have to carry any of this out. But I don’t want to compromise their integrity or trust.”
“I understand.”
Judson decided to let Madden swear out a deposition in chambers, but only after Holabird paid him a visit. Judson was not disposed to give any preferential treatment to the Amistads during the trial. However, Holabird assured him that under cross-examination, Madden would do more to harm the defense’s case than good. Forsyth had told the prosecutor that Madden was a prejudiced zealot and that he would be forced to admit that all of his assessments are based on conjecture and gross extrapolations. When put to the test, Holabird smugly said, his “expert” testimony would easily be exposed as the ravings of a fanatical lover of negroes.
However, as he listened to the old Irishman, Judson was sure Holabird had made a serious error in judgment. Madden told of the baracoons and how Africans were off-loaded regularly at small harbors surrounding Havana. He examined the purchase papers and documentation taken from the Amistad and insisted that there was no way on earth the children and the majority of the male slaves could he landinos as the trespassos said.
“None of them speaks a lick of Spanish, Your Honor.”
“Yes,” Holabird said, “but as I understand it, many of the slaves, especially those on back country plantations, retain the African language of their ancestors or speak a field dialect that is an amalgamation of Spanish and tribal languages.”
“I’m afraid you have been misinformed, Mr. Prosecutor,” Madden said. “In fact, in my experience it’s been just the opposite. I’ve yet to meet a true landino who didn’t speak Spanish as well as any native-born Cubano. What’s more, the ones they bring in from Africa pick up the language fairly quickly, too. They certainly have the rudiments of communication down within a month or so.”
“But really, Dr. Madden,” Holabird continued. “How much actual experience do you have with visiting the plantations, especially those in the outlying areas? And remember, sir, you are under oath.”
“I remember it well, sir,” Madden bristled. “As for my experience, as part of my official capacity, I tour the plantations throughout the islands four to six times a year. That for the last four years. Does that satisfy your criteria for experience, sir?”
Holabird got tripped up again when he pointed to the bills of sale obtained by Montes and Ruiz for the blacks. “It is clearly stated here that they are landinos,” Holabird said.
“Yes, sir, but you will also note that Ruiz and Montes had to acquire that documentation from the authorities themselves. Why was it not provided by the seller? I’ll tell you why: Because he didn’t have their documents. Do you know why he didn’t have them? Because they were Africans. Do you want to know how I know that, besides, of course, for the obvious fact that Africans are who they are?”
“Let the record show that Dr. Madden is expressing an opinion,” Judson said absently. “Continue, Dr. Madden. Tell us how you presumed you knew they were Africans.”
“The seller of record, Mr. Shaw, whom I know quite well, and who, I might add, is the principal agent for the House of Martinez, a slave brokerage that deals almost exclusively in Africans. Well, Mr. Shaw passed on to Ruiz and Montes the port tax in his bill of sale. One doesn’t pay a port tax on domestic goods, gentlemen, only imports.”
“Is it possible that these slaves were imported from another place where slavery is legal?” Holabird asked quickly. “Perhaps one of the outlying islands?”
“Possible but not probable, sir. They wouldn’t have to pay a duty on slaves from a Spanish port. And all the island ports controlled by the British Empire have abolished slavery.”
“Is it possible that this Mr. Shaw himself never paid such a tax but passed the cost onto Mr. Ruiz and Mr. Montes to elevate the price a few dollars per head?”
“Absolutely,” Madden said. “But then, being experienced slave traders themselves, Ruiz and Montes would have seen the tax on the bill and knew what it meant. Thus, sir, by paying a bill with the tax declared is a tacit admission by these men that they believed they were buying African bozales. Their purchase of Africans was not an unwitting act of ignorance as some have claimed.”
Judson sighed. Holabird attempted to backtrack and concentrate on a few other points, but Madden had unshakable answers for every question.
After the deposition, Madden asked if the court reporter could make a copy of the deposition so that it could be presented to Queen Victoria when Madden returned to London. Judson said he would consider the request.
When Madden left the chambers, Judson sat back in his chair and shook his head. “William, if I allow that testimony to be entered into the record it will not help your case in the least,” Judson said. “It all but confirms that these men are Africans.”
“So what if they are, Your Honor? The federal government has no jurisdiction to intervene in domestic affairs of foreign nationals.”
“That depends on one’s interpretation of the Treaty of 1819,” Judson said. “In this case, the government may be forced to intervene.”
“You wouldn’t think of ruling that way, would you?”
“Mr. Holabird,” Judson snapped. “Make no mistake that my mission and primary responsibility in this case is to render a ruling which follows the letter of the law. I will not jeopardize the integrity of legal process or the future of my career on a ruling that will be exposed as careless or biased and overturned by a higher court. Do you understand that, sir?”
“Yes, Your Honor.”
“Now, I shall consider whether, in the eyes of the court, Dr. Madden’s testimony is acceptable and I shall rule on that on Monday morning. I will inform Mr. Baldwin of my decision to consider this deposition. That is all, Mr. Holabird.”
Holabird left the judge’s chambers. Judson slammed his hand down on his desk and cursed. The court reporter got up to leave.
“Mr. Janes, I’d like you to hold off on Dr. Madden’s request for a copy of his deposition until I have ruled whether his testimony is admissible in court. Leave the deposition here so that I may consider it. Please inform Dr. Madden of my decision on the way out.”
“Yes, Your Honor. Good day.”
Mr. Janes, who was Judson’s favorite court reporter, was the same Mr. Dwight Janes who had recorded the proceedings on the Washington, and who had sent the letter to Baldwin announcing the plight of the Amistads. Judson had personally selected Janes to handle the recording duties of this case.
Janes did as the judge said and then went directly to his hotel room and began writing. Within an hour he had reconstructed what he remembered from Madden’s testimony. He placed the pages in an envelope and sealed it. Later that night, while most of the city slept, he walked down the frigid streets and slipped the envelope under the door of a darkened building.
Court was back in session on Saturday, as was the tradition of the times. The day was uneventful until a few hours after adjournment when Judson was having his dinner. He unfolded the New Haven Express and nearly spit out his evening coffee. The headline read: “Exclusive – Dr. Madden’s Deposition.” Underneath, the subheads went on: “Slavery Conditions in Cuba Revealed in Detail. Africans Regularly Imported. Widespread Corrupt
ion Among Cuban Officials.”
By Monday morning, the New York and Boston papers were running reprints of the story. Neither Judson nor Holabird knew how the information had gotten out. It was a crude transcript with some major omissions and a few inaccuracies, but in general it was factual. They suspected it was some conspiracy between Tappan and Madden. In truth, the information printed was nothing Madden hadn’t said in print in the past. But the addition of Holabird’s question lent the information an air of heightened credibility. It also showed that there was nothing about the testimony that Judson could declare inadmissible. So, grudgingly, the judge consented to allow Madden’s deposition to be entered into the record. He also released the full text to the press so that misconceptions and inaccuracies produced by the bootleg copy could be allayed.
The rest of the week saw testimony by Josiah Gibbs and other members of the Yale Divinity School’s faculty. Gibbs testified that the men and children were speaking an African language. The cross-examination by Holabird, who pointed out that Gibbs was not an authority on African languages and in fact did not even speak any African languages, seemed to make an impact with Judson.
However, during rebuttal questioning, Baldwin scored an important point when he asked Gibbs about the Africans’ ability to speak Spanish.
“Among all of them I only could get a few words,” Gibbs said. “One, Grabeau, knew the word for potato. Another, Burnah, knew the word for water. All of them appeared to know a word that, loosely translated, means ‘nigger.’”
“And yet, the documentation submitted by the prosecution says my clients were born and raised in Cuba,” Baldwin said. “That means that some of these men have been in that Spanish-speaking country more than twenty-five years, and yet they have only picked up one, perhaps two words?”