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Amistad (case) : ウィキペディア英語版
United States v. The Amistad

''The Amistad'', also known as ''United States v. Libellants and Claimants of the Schooner Amistad'', 40 U.S. 518 (1841), was a United States Supreme Court case resulting from the rebellion of Africans on board the Spanish schooner ''La Amistad'' in 1839.〔(''United States v. The Amistad'' ), Findlaw, accessed 30 March 2013〕 It was an unusual freedom suit that involved international issues and parties, as well as United States law. The historian Samuel Eliot Morison in 1965 described it as the most important court case involving slavery before being eclipsed by that of Dred Scott.
The schooner was traveling along the coast of Cuba on its way to a port for re-sale of the slaves. The African captives, who had been kidnapped in Sierra Leone and illegally sold into slavery and shipped to Cuba, escaped their shackles and took over the ship. They killed the captain and the cook; two other crew members escaped in a lifeboat. The Africans directed the survivors to return them to Africa. The crew tricked them, sailing north at night. The ''Amistad'' was later apprehended near Long Island, New York, by the United States Revenue Cutter Service and taken into custody. The widely publicized court cases in the United States federal district and Supreme Court, which addressed international issues, helped the abolitionist movement.
In 1840, a federal district court found that the transport of the kidnapped Africans across the Atlantic on the slave ship ''Tecora'' was in violation of laws and treaties against the international slave trade by Great Britain, Spain and the United States. The captives were ruled to have acted as free men when they fought to escape their illegal confinement. The Court ruled the Africans were entitled to take whatever legal measures necessary to secure their freedom, including the use of force. Under international and sectional pressure, U.S. President Martin Van Buren ordered the case appealed to the Supreme Court. It affirmed the lower court ruling on March 9, 1841, and authorized the release of the Africans, but overturned the order of the lower court that they be returned to Africa at government expense.
Supporters arranged for temporary housing of the Africans in Farmington, Connecticut as well as funds for travel. In 1842 they transported by ship those who wanted to return to Africa, together with American missionaries.
== Rebellion at sea and capture ==

On June 27, 1839, ''La Amistad'' ("Friendship"), a Spanish vessel, departed from the port of Havana, Cuba (then a Spanish colony), for the Province of Puerto Principe, also in Cuba. The masters of ''La Amistad'' were the ship's captain Ramón Ferrer, José Ruiz, and Pedro Montez, all Spanish nationals. With Ferrer was his personal slave Antonio. Ruiz was transporting 49 Africans, entrusted to him by the governor-general of Cuba. Montez held four additional Africans, also entrusted to him by the governor-general.〔(''US v. The Amistad'' ), pp. 587–8〕 As the voyage normally took only four days, the crew had brought four days’ worth of rations, not anticipating the strong headwind that slowed the schooner. On July 2, 1839, one of the Africans, Cinqué, freed himself and the other captives using a file that had been found and kept by a woman who, like them, had been on the ''Tecora'' (the ship that had transported them illegally as slaves from Africa to Cuba).
The Mende Africans killed the ship's cook, Celestino, who had told them that they were to be killed and eaten by their captors. The slaves also killed Captain Ferrer; the struggle resulted as well in the deaths of two Africans. Two sailors escaped in a lifeboat. The Africans spared the lives of the two masters who could navigate the ship, José Ruiz and Pedro Montez, upon the condition that they would return the ship to Africa. They also spared the captain's personal slave, Antonio, a creole,〔James Covey deposition to the court〕 and used him as an interpreter with Ruiz and Montez.〔(Barber, J.W. (1840). ''A History of the Amistad Captives: Being a Circumstantial Account of the Capture of the Spanish Schooner Amistad, by the Africans on Board; Their Voyage, and Capture near Long Island, New York; with Biographical Sketches of Each of the Surviving Africans also, An Account of the Trials Had on Their Case, before the District and Circuit Courts of the United States, for the District of Connecticut'' ), p. 7 (Edition. ). (''Documenting the American South'', University of North Carolina)〕
The crew deceived the Africans and steered ''La Amistad'' north along the coast of the United States, where the ship was sighted repeatedly. They dropped anchor half a mile off eastern Long Island, New York, on August 26, 1839, at Culloden Point. Some of the Africans went ashore to procure water and provisions from the hamlet of Montauk. The vessel was discovered by the United States revenue cutter . Lieutenant Thomas R. Gedney, commanding the cutter, saw some of the Africans on shore and, assisted by his officers and crew, took custody of ''La Amistad'' and the Africans.
Taking them to the port of New London, Connecticut, he presented officials with a written claim for his property rights under admiralty law for salvage of the vessel, the cargo, and the Africans. Gedney allegedly chose to land in Connecticut because slavery was still technically legal there, unlike in New York. He hoped to profit from sale of the Africans.〔Davis, David Brion ''Inhuman Bondage: The Rise and Fall of Slavery in the New World''. Oxford University Press, USA, 2006, p. 15〕 Gedney transferred the captured Africans into the custody of the United States District Court for the District of Connecticut, at which time legal proceedings began.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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