Goals of these exercises:

Students will use history as a way of exploring the world c. 1840, and how nations and empires interacted. They will explore various treaties and documents.

Preparatory assignment:

Line up the various treaties and conventions that were applied to define the incident. Categorize the kinds of documents and the degree to which they impacted the outcome of the case.

Discussion topics:

To what degree did individual influence affect the outcome of this case? Which treaties and conventions had the most impact? Had this event happened 50 years earlier, or 50 years later, how might the outcome have changed and what treaties and conventions would have applied?

Written assignment suggestions:

Draft a State Dept. memo briefing President how to proceed, warning of ramifications for relations with Spain, Great Britain, other powers.

Bibliography:

Primary Documents

REPORTS:

    Opinion of Attorney General, U.S. Government (address to the U.S. Congress#House), April 15, 1840. The Attorney General (John Forsyth), after reviewing the facts of the Amistad Case, believes that the Africans should be returned to Spain under the Treaty of 1795.

TREATIES:

    Pickney's Treaty, 1795, U.S. Government, Jan. 1, 1795. Treaty between Spain and United States which, among other provisions, established boundaries of territories in North America, provided for mutual protection, trade enhancement, and the protection and restoration of vessels and goods to citizens and subjects of the other country when damaged through piracy or robbery or otherwise distressed or damaged within jurisdiction of the other country.

    Treaty with Great Britain, U.S. Government, Aug. 9, 1842. Excerpts from "A Treaty with Great Britain" (Ratified in 1842) highlight both America and Great Britain's commitment to the suppression of the slave trade and their agreement in how to handle the delivery of fugitive criminals (afterAmistad decision).

DIPLOMATIC CORRESPONDENCES:

    The Count de Ofalia, Minister of Foreign Affairs of Spain, to John H. Eaton, United States Minister to Spain, 22nd February, 1838, U.S. Government, Jan. 1, 1939. This correspondence reveals Spain's fear of American abolitionists living in their country, and of the United States interest in Cuba about a year before the Amistad incident.

    John H. Eaton, U.S. Minister to Spain, to The Count de Ofalia, Minister of Foreign Affairs of Spain, 10th March, 1838 , U.S. Government , Jan. 1, 1939. Effort to reassure de Ofalia that U.S. citizens with abolitionist views living abroad where slavery exists do not have support of U.S. Government in any efforts to undermine it in another country, evil though the practice is, and that the U.S. has no need to possess Cuba.

    Chevalier de Argaiz to Mr. Forsyth, 3rd September, 1839, and transcribed , U.S. Government, April 15, 1840. A letter from Mr. Argaiz to Mr. Forsyth stating that the Amistad needs to be released for her cargo is perishing and she needs repairs.

    Mr. Calderon to Mr. Forsyth, 6th September, 1839, and translation , U.S. Government, May 15, 1840. In a letter to Mr. Forsyth, Mr. Calderon summarizes the events aboard the Amistad from Spain's point of view. He makes a number of requests about what should be done with the ship, the cargo, the Spaniards aboard, and the Amistad Africans.

    Mr. Forsyth to Chevalier de Argaiz, 24th October, 1839 , U.S. Government, April 15, 1840. Mr. Forsyth explains

to Chevalier de Argaiz why Ruiz and Montez have been imprisoned. He also states that they cannot be released in the manner Argaiz recommends.

    Chevalier de Argaiz to Mr. Forsyth, 5th November, 1839, and translation , U.S. Government (address to the U.S. Congress#House), April 15, 1840. A letter from the Chevalier de Argaiz to Mr. Forsyth expressing desire for the release of Mr. Montez and Mr. Ruiz

    Chevalier de Argaiz to Mr. Forsyth, 26th November, 1839, and translation , U.S. Government (address to U.S. Congress#House), April 15, 1840. Chevalier de Argaiz writes to John Forsyth, on behalf of the Queen of Spain, as to why Ruiz remains in prison.

    Chevalier de Argaiz to Mr. Forsyth, 29th November, 1839, and translation, U.S. Government (address to the U.S. Congress#House), April 15, 1840. Chevalier de Argaiz writes again to John Forsyth, on behalf of the Queen of Spain, as to why Ruiz and Montez are still being held. He sites several correspondences as well as the Treaty of 1795.

    John Forsyth, Secretary of State of the United States, to Aaron Vail, United States Charge d'Affaires at Madrid, 15th July, 1840, U.S. Government, Jan.1, 1939. Charge to Vail to make clear to Spain's Government that the U.S. fully supports the Spanish presence in Cuba, but will not permit England to occupy the Island; that Spain should deprive England of any pretext for interfering in Cuba by "scrupulous performance" of any obligations it may have contracted with her, including that of the African slave trade which is carried on in flagrant violation of treaty Spain signed with England.

    Aaron Vail, U.S. Charge d'Affaires At Madrid, to John Forsyth, Secretary of State of the United States, 15th Jan., 1841 , U.S. Government, Jan. 1, 1939. Vail reports to Forsyth that he has informed the new Minister of Foreign Affairs of Spain, Mr. de Ferrer, about U. S. intent with regard to Spanish possessions, and Cuba in particular; that the U.S. does not intent to permit Great Britain to occupy Cuba and that Spain could depend upon U.S. military and naval resources should such difficulty arise. Mr. de Ferrer has concern that Great Britain wishes to see slavery abolished in West Indies, and mentioned the Brit. support for Amistad captives.

    Aaron Vail, U.S. Charge d'Affaires At Madrid, to Daniel Webster, Secretary of State of the United States , (Nov. 30, 1841) U.S. Government, Jan. 1, 1841. Correspondence between U.S. Charge d'Affaires in Spain and the U.S. Sec'y of State outlining the diplomatic dialogue between the U.S. and Spain regarding the threat of British intervention in the Spanish West India Islands, especially to emancipate slave populations.

    Washington Irving, United States Minister to Spain, to Daniel Webster, Secretary of State of the United States, 10th March, 1843, U.S. Government, Jan. 1, 1939. Correspondence from the U.S. Minister to Spain to the U.S. Sec'y of State regarding reported conspiracies toward an insurrection of Creole and slaves in Cuba and Spain's reaction to the reports.

SPEECHES:

    Excerpts from Third Annual Message, Improper Use of the American Flag , President Martin Van Buren, U.S. Government, Dec. 2, 1839. The president calls for a law protecting the use of the American flag on foreign vessels.

    Second Annual Message, President James Buchanen, Dec. 6, 1858, U.S. Government, Jan. 1, 1898. Describes Cuba as a problem for U.S. because slave trade. Expresses reasons why U.S. should purchase island from Spain. Again recommends payment to Spanish claimants in Amistad case.

NEWSPAPER ARTICLES:

    Spanish Schooner Amistad, New York Journal of Commerce, Sept. 17, 1839. Spanish newspaper response to editorials that favor freeing the slaves.

Secondary Material

    Mutiny on the Amistad: 'All We Want is Make Us Free' Connecticut Humanities Council, Howard Jones, 1992.

    In the section entitled "Presidential Intervention," Jones discusses how the Amistad revolt and the following judicial actions directly influenced relations between the United States, Spain, and Great Britain.

    The Trials

    Discusses briefly the decision of Van Buren to comply with Spain's demands for the return of the Amistad Africans. It also shows the respective struggles of these two countries to define and handle the dangerous and complex issue of slavery.

    The Amistad in a Global Maritime Context , Connecticut Humanities Council, Gaddis Smith, 1992.

    A portion of this essay highlights the relationship of the sea and the slave trade to international relations, specifically the tensions between Great Britain and the United States.