:41:08
In the case of the United
States of America
:41:11
versus the Amistad Africans,
:41:14
it is the opinion of this court
:41:17
that our treaty of 1795 with Spain,
:41:21
on which the prosecution has
primarily based its arguments,
:41:26
is inapplicable.
:41:28
While it is clearly stipulated
in Article 9 that - and I quote -
:41:34
"Seized ships and cargo
:41:36
"are to be returned entirely
to their proprietary."
:41:40
The end of quote.
:41:42
It has not been shown
to the court's satisfaction
:41:46
that these particular Africans
fit that description.
:41:50
We are then left with the alternative
:41:53
that they are not slaves,
:41:56
and therefore cannot
be considered merchandise,
:41:59
but are, rather, free individuals
:42:03
with certain legal and moral rights,
:42:07
including the right
to engage in insurrection
:42:11
against those who would deny them
their freedom.
:42:15
And therefore, over one dissent,
:42:18
it is the court's judgment
:42:20
that the defendants are to be
released from custody at once,
:42:25
and, if they so choose,
:42:28
to be returned
to their homes in Africa.
:42:51
Thank you.
:42:59
Well...