On the opening of the Circuit Court on Saturday morning, Judge Thompson said the Court were not prepared as yet, to dispose of the case under consideration, finally; and that any intimations he might then throw out, ought not to be taken as the ultimate views of the Court. On the conclusion of his remarks, he proposed that the case should be kept open until afternoon, and then have it argued. A writ of habeas corpus was taken out in the course of the forenoon on the petition of Erastus Smith, Esq. of Hartford, for all the other African prisoners returnable before this Court. The Court then took a recess until 2 o'clock. The arguments on the question were closed on Saturday evening. Messrs. Baldwin and Staples addressed the Court in an able manner, about one hour each, on the question of jurisdiction, and were opposed by Messrs. Hungerford and Ingersoll. Mr. Staples, in his plea, argued that if there was jurisdiction any where, it was in the Southern District of New York.

On the opening of the Circuit Court, on Monday the 23d, Judge Thompson delivered the opinion of the Court. He stated that the question now to be decided, was not as to the ultimate rights of either party, but simply as to the right of the District Court to take cognizance of the case. Had the seizure been made within the limits of the District of New York, the District Court of Connecticut could not have jurisdiction; if the seizure was made on the high seas, as it appeared to be in this case, the District Court of any District to which the property was brought, has jurisdiction. Judge Thompson, in denying the discharge of the Africans, under the writ of the habeas corpus, wished to be distinctly understood, that, in denying their discharge, he did not decide that they were not entitled to their freedom, but only left the case in a regular way for decision in another tribunal, from whose decision an appeal might be taken to that Court, and if desired, to the Supreme Court of the United States.

After the adjournment of the Circuit Court, the District Court was opened. Judge Judson said that he should direct an examination of the place where the Amistad was taken, should be made, to determine where the seizure was actually made. The Court was then adjourned to meet in Hartford, on the third Tuesday in November, after the Judge had directed the U. S. Marshal, to see that the prisoners should be comfortably provided for, with regard to food, clothing, &c. In pursuance of this direction, the Africans were remanded back to the prison in New Haven.

On the l7th of October, Messrs. Ruiz and Montez were arrested in New York, on two processes, at the suites of Cingue and Fuli, for assault and battery, and false imprisonment. Being unable, or unwilling to give bail for $1000, which was required, the Spaniards were lodged in prison. On a hearing of the case before Judge Inglis, he decided that Montez should be discharged on finding common or nominal bail, and that the amount of bail for Ruiz, should be reduced to two hundred and fifty dollars.

On Tuesday, the 19th of October, the District Court at Hartford, met agreeable to the adjournment, and the examination of witnesses occupied the whole day. On Wednesday, seven of the Africans were brought in Court, and after some further examination respecting the place of seizure, the Court was adjourned to sit in New Haven, on January 7th, 1840.

On the day of the adjournment, Judge Judson held a session at his chamber in the City Hotel, for the purpose of receiving the testimony of Dr. R. R. Madden, who had recently arrived in this country from Havana, on his return to England. He stated that he was a British subject, and had been a resident at Havana for more than three years, and had held official stations there for three years; that the office he now held was that of Commissioner of liberated Africans, and for one year held that of British Commissioner in the Mixed Court of Justice: that the duties of his office made him well acquainted with the details of slavery and slave trade in Cuba. He stated that for the last three years, from twenty, to twenty-five thousand slaves from Africa, were yearly introduced into the island of Cuba, although it has been in violation of the Spanish law ever since 1820. The Spanish authorities never interfere to stop this illegal trade, but connive at it, receiving ten dollars a head for every negro thus introduced, which is called a voluntary contribution, but is in reality a tax, which has no legal sanction for its imposition. Dr. M. also stated that he had seen the Africans, who were captured in the Amistad, and that they were of that class called in Cuba, Bozal, a term given to negroes recently from Africa: that the document then produced before him, dated June 26th, 1839, and signed by Espelata, the Captain General of Cuba, was a permit for the transportation of 49 slaves on board of the Amistad from Havana: that they are called in the permit, Ladinos, a term given to negroes long settled and acclimated in Cuba.

That the custom, on landing the negroes illegally introduced by the slave traders of the Havana, is to take them immediately to the Barracoons, or slave marts, which are fitted up exclusively for the reception and sale of Bozal negroes lately introduced, where they are kept by the slave traders till sold, generally for a period of two or three weeks; that among the slave traders of the Havana, one of the houses, the most openly engaged and notoriously implicated in slave trade transactions, is that of Martinez & Co., and that the custom of this house is, like all other slave traders of the Havana, to send the negroes they import into the island, immediately after landing, to the Barracoons.

Dr. Madden also stated in his testimony, the trespasses or permits, for all such negroes are commonly and usually obtained at the Havana, simply on application to the authorities. The “Bozal” negroes are called “Ladinos,” and no examination is made by the Governor or any officer of his, into the truth of the statement, but the permit is granted for the removal of the negroes falsely called Ladinos, on the simple application of the buyers, on the payment of the fees, and no oath required of them.

That to apply for these permits, and obtain them, representing Bozal negroes as Ladinos, as in the present case, is a fraud on the part of the purchaser, which cannot take place without connivance at the trade, and collusion with the slave traders on the part of the authorities. That the vast numbers Bozals thus illegally introduced are by these means carried into the interior, and fall into hopeless slavery.

The efforts of the committee on behalf of the Africans, were, after the adjournment of the September court, crowned with success. Two native Africans belonging to the crew of the British brig of war Buzzard, which came into New York in July, from a cruise on the coast on the of Africa, were found to speak the same language of the prisoners. With the consent of Capt. Fitzgerald, they were allowed to come on to New Haven. When taken to the prison, the African captives were at breakfast, and the Marshal objected to their entrance till they had finished. One of the captives, however, coming to the door and finding one who could talk in his own language, took hold of him and literally dragged him in. Breakfast was forgotten, all seemed overwhelmed with joy, all talking as fast possible.

The following communication from Mr. Day, of New Haven, gives a summary account of the African captives, as stated by themselves, from the time they left Africa, till the time they obtained possession of the Amistad:

[The above engraving shows the position as described by Cingue and his companions, in which they were confined on board the slaver, during their passage from Africa. The space between the decks represented in the engraving is three feet three inches, being an actual measurement from a slave vessel. The space in the vessel that brought the Amistad captives to Havana was, according to their statement, somewhat larger, being about four feet between the decks.]

On the 7th of January, 1840, the U. S. District Court commened its session in New Haven, Judge Judson presiding. The lawyers in the suit were Messrs. Baldwin, Staples and Sedgewick, for the Africans. Messrs. Isham and Brainard of New London, for Lieut. Gedney. Gov. Ellsworth of Connecticut, in behalf of Capt. Green, and Mr. Cleveland of New London, in behalf of the Spanish owners of part of the property on board of the Amistad, and lastly, Mr. Hollabird, District Attorney, in behalf of the United States. The counsel for the prisoners withdrew the plea which denied the jurisdiction of the court, and acknowledged that if any court in the country could have jurisdiction of the case, this court could. The morning was occupied in discussing technical questions, and the first testimony introduced was on behalf of the prisoners. The deposition of Dr. Madden was read. Messrs. Haley and Janes, of New London, James Covey, the interpreter, and Professor Gibbs, of Yale College, then gave in their testimony, all tending to show that the Amistad captives were recently from Africa. The evidence on this point was so clear, that on the second day of the trial, (Wednesday,) Judge Judson remarked that he was fully convinced that the men were recently from Africa, and that it was unnecessary to take up time in establishing that fact.

Cingue, the leader of the Africans, being called as a witness, Covey, the interpreter, was sworn to interpret the oath to him. The clerk read the oath and Covey repeated it to Cingue in their native tongue. His examination was quite minute, and was listened to by a crowded auditory, with the deepest interest. He testified that at the time of their capture by Lieut. Gedney, a large number of them were on shore, on Long Island. He also gave an account of the voyage to and from Havana, till their capture; and his statements so nearly correspond with the account already given, as to render a repetition unnecessary. While Cingue was on his examination, he described by actions, (which spoke louder than words,) the manner in which Pipi [Ruiz] examined the Africans to ascertain if they were healthy and sound. He also put himself in the position in which they were forced to remain, when packed away on board the slaver. Grabeau and Fuliwa were then sworn and examined, who also testified to the same facts.

Mr. Wilcox, the U.S. Marshal, was examined relative to a conversation he had with Cingue, soon after the arrival of Covey, (the interpreter.) Mr. Wilcox stated that he understood from Covey, (which he now denies,) that Cingue had said that he had sold slaves, and that he himself was seized and sold to pay a debt which he had contracted, and could not pay. Professor Gibbs and Mr. Day who were present at the time, stated that there was much confusion in the room, arising from many asking questions, &c., and think that Mr. Wilcox must have misapprehended what Cingue said.

On Thursday afternoon, after the examination of Antonio, the slave of the Spanish Captain, the District Attorney introduced the deposition of James Ray, and G. W. Pierce, mariners on board of the cutter, giving a detailed account of the capture of the Africans on Long Island. He then introduced the papers of the Amistad, and the permits given to Montez and Ruiz, for the transportation of Ladinos to Principe. The license of Capt. Ferrer to carry slaves was from Gaston, who signed himself a Knight of the Cross, a commander of a 74—bearing various insignia of honor, merit, and reward.

The counsel for the Africans introduced Mr. D. FRANCIS BACON, of New Haven, as a witness. Mr. Bacon stated that he left the coast of Africa on the 13th of July, 1839. He knew a place called Dumbokoro [Lomboko] by the Spaniards: it was an island in the river or lagoon of Gallinas. ∗

∗ The following notice from Mr. Bacon, appeared in the New Haven papers, addressed to the editors:

There is a large slave factory or depot at this place, which is said to belong to the house of Martinez in Havana; there are also different establishments on different islands. Mr. Bacon stated that he had seen American, Russian, Spanish, and Portuguese vessels at Gallinas. The American flag, was a complete shelter; no man-of-war daring to capture an American vessel. The slave trade on that part of the coast is the universal business of the country, and by far the most profitable, and all engaged in it who could raise the means. Extensive wars take place in Africa, for obtaining slaves from the vanquished. Different towns and villages make war upon each other for this purpose. Some are sold on account of their crimes, others for debts. The slaves are all brought on to the coast by other blacks, and sold at the slave factories, as no white man dare penetrate into the interior. Some of the blacks who have been educated at Sierra Leone, have been principal dealers in the slave trade.

On Friday morning, the District Attorney, according to an arrangement made with the opposing counsel, read the substance of what Antonio G. Viga, the Spanish Consul, at Boston, said he should testify in this case, viz: that he (Viga) had resided in Cuba many years; knew the laws of Cuba; knew of no law in force, against the introduction of slaves into the island; that on some plantations, the native language of the Africans was continued for years; that the papers of the Amistad were genuine. Mr. Janes was then called, who testified that he called on Viga at New London, and asked him when the slave trade was prohibited, or made piracy. He replied he thought it was in 1814, but did not know the penalty.—Here the testimony closed.

Mr. Brainard opened the argument on behalf of the libelants, Lieuts. Gedney and Meade. He contended that whether the Africans were or were not, the lawful property of Ruiz and Montez, the Court could not set them free; crime had been committed on board this Spanish vessel, and this government were bound to deliver up these persons to Spain, that she may execute her own laws. Whether they were delivered up to the Spanish authorities, or to the United States government, his clients had performed meritorious services, for which they were justly entitled to salvage.—Governor Ellsworth, the counsel in behalf of Capt. Green, stated that he could not in accordance with the sentiments he entertained, nor in justice to his client, use the slighest efforts either to have these Africans delivered up to the government of Spain, or to the United States. But if they were to be delivered up, he must claim part of the valuation, for salvage for Capt. Green. He contended that his client had rendered a more valuable and hazardous service than any which Lieut. Gedney and others had rendered, and therefore his right to salvage was paramount to all others.

Mr. Cleaveland followed Gov. Ellsworth, in behalf of certain houses in Cuba, who had been shippers in the Amistad. His arguments were confined to the denial of any right of salvage to Lieut. Gedney and others. Being in the service and pay of the United States, they were bound to render assistance without compensation. Capt. Green, having not in fact saved the vessel and cargo, was not entitled to salvage, as that should be given for saving, not for the attempt to save.

On Friday P. M., Mr. Sedgewick opened the cause in behalf of the Africans, and was followed on that side by Messrs. Staples and Baldwin. Mr. B. contended that the Africans being born free, were entitled to their freedom, and that every person is presumed to be a freeman until the contrary is proved. The libelants and the United States claim they were slaves, because licenses have been produced authorizing the transportation of Ladinos from one port in Cuba to another, a term totally inapplicable to the Amistad captives. It was perfectly evident from the licenses or permits, that a fraud had been committed upon, or by, the Spanish authorities. The decree of Spain of 1817, prohibits the slave trade after 1820, with heavy penalties, and declares all slaves imported from Africa, after that period, free. These Africans owed no obedience to the Spanish laws. When taken at Long Island, they were in possession of their just rights, having the Spaniards Montez and Ruiz in subjection. If not slaves when they set foot on the soil of New York, they cannot be pronounced slaves now. Mr. B. contended, that the Africans were not held here for any lawful purpose, that no human being could be demanded as property, unless specifically named as such by treaty, and no such treaty had been made with Spain. There was no authority in any officer of any foreign government to enter our limits, and take a person thence. The government refers all applications for the delivery of criminals to the authorities of the several States. The interference of the Spanish minister in this case before the Court, was an insult to the government, and the courts of justice of this country.

On Saturday P. M., Gen. Isham, on behalf of Lieuts. Gedney and Meade, made the closing argument in the case. In the course of his remarks, he took occasion to say, that his clients authorized him to say that they would never receive salvage on human flesh: all they asked for, was, that if the Court decided that the vessel, cargo, and slaves, should be restored to the Spaniards, it should be upon terms that the owners should first pay them a reasonable compensation for services rendered in preserving their property.

On Monday A. M., Jan. 13th, Judge Judson gave a review and decision of this case, which occupied more than an hour in the delivery. The first point his Honor decided upon, was that respecting jurisdiction. It was necessary in order that the Court have jurisdiction of this case, that the seizure must have taken place within the limits of the District of Connecticut, or upon the high seas. The determination of this point, then rested upon the legal signification of the words high seas. It appeared in evidence that the Amistad lay in 3 1/2 fathoms of water off Culloden Point, 5 or 6 miles from Montauk Point, not less than half a mile from the shore, and not in any known harbor, bay, river, or port. Excluding these, the high seas extend to low water mark; consequently, the Amistad must have been on the high seas. The well known position of Montauk, adds conclusiveness to the argument, as we all understand that Montauk is a point of land projecting into the sea.

The next points decided by his Honor, were those respecting salvage. He stated that the services rendered by Lieut. Gedney, were such as justly entitled him to salvage on the vessel and goods. The decree would be, that the schooner and her effects be delivered up to the Spanish Government, upon the payment, at a reasonable rate for saving the property. An appraisement will be ordered, and one third of that amount will be deemed just and reasonable. The next question was, can salvage be allowed upon the slaves? His Honor here stated that he had in the very outset of the case, decided that the alledged slaves could not be sold. There was no law of the United States nor of the State of Connecticut by which a title can be given under any decree of this Court. Their value in the District of Connecticut was not one cent.

The libel of Messrs. Green and Fordham rested on the claim that they had in effect taken possession of the vessel. His Honor remarked that the facts proved would not sustain this claim, and that therefore their libels must be dismissed. The two great questions still remained to be settled: “Shall these Africans, by a decree of this Court, be delivered over to the Government of Spain, upon the demand of her Minister as the property of Don Pedro Montez and Don Jose Ruiz? But if not, what ultimate disposition shall the Government of the United States make of them?”

In Cuba, there are three classes of negroes, Creoles, those born within the Spanish dominions: Ladinos, those long domiciliated on the island owing allegiance to Spain, and Bozals, the name given to those recently from Africa. The negroes in question are recently from Africa, imported into Cuba in violation of Spanish laws, and bought as slaves by Montez and Ruiz. The demand of the Spanish Minister is, that these Bozals shall be given up, that Montez and Ruiz may have them as their property. In order to justify this demand, and require our Government to give them up, according to our treaty with Spain, it is necessary that property and title should be proved. The whole evidence offered in support of this claim is a permit or license to transport 54 Ladinos, to Guanaja. But these negroes are Bozals, not Ladinos. Here then, is the point upon which this great controversy must turn. His honor then stated, that he found as a matter of fact, that in the month of June 1839, the law of Spain, prohibited under severe penalties the importation into Cuba of negroes from Africa. These negroes were imported in violation of that law, and by the same law of Spain, such negroes are declared free, and of course are not the property of Spanish subjects. With regard to the boy Antonio he being a Creole, born as he believes in Spain, recognized by the laws of that country as being the property of Ramon Farrer, a Spanish subject, he should decree a restoration of this slave, under the treaty of 1795.

“The question remains, What disposition shall be made of these negroes by the Government of the United States? There is a law of Congress passed the 3d of March, 1819, which renders it essential that all such Africans as these shall be transported under the direction of the President of the United States to Africa.—I shall put in form a decree of this Court, that these Africans, excepting Antonio, be delivered to the President of the United States to be transported to Africa, there to be delivered to the Agent appointed to receive and conduct them home.”

The case of the Africans having been appealed by the District Attorney in behalf of the United States, it came before the Circuit Court held at New Haven, April 29th, 1840, Judge Thompson presiding. The counsel for the Africans objected to the appeal, as coming from the Executive of the U. S. who had no interest in the case, and of whom nothing more could be expected than to assist in bringing the case before the proper tribunal. The arguments of both sides on this point occupied the whole of the afternoon. On Thursday morning the Judge gave it as his opinion that the Government have an interest in the case; these Africans are claimed as the property of Spanish subjects, and Spain demands of this Government that they shall be delivered over to her in compliance with our treaty. The Government therefore have a right to conduct the inquiry, and ascertain the facts. He should not therefore refuse the appeal. The point was a perplexing one, and if he should decide against it, an appeal could be carried up to the Supreme Court on this very point, and in case his decision were reversed, the case would come back for a hearing on the main question, and then would again be appealed, and thus the final disposal of the case be needlessly delayed. He therefore chose, as the case would at all events be appealed, to affirm the decision of Judge Judson pro forma, and leave the whole case to be decided by the Supreme Court, leaving the case open to the September term of the Court for the parties to agree on the facts as far as they could, and make out a case to be referred to he Supreme Court which site at Washington in January, 1841.

[The Africans are now under the daily instruction of a number of young men connected with Yale College, who are learning them to read the English language, and teaching them the plain and important truths of Christianity. In this laudable object, they receive much assistance from James Covey, the Interpreter. By his aid, and that of John Ferry, a native of the Gissi country, a Mendi and Gissi vocabulary has been made by Prof. Gibbs, and is published in the 38th vol. of the American Journal of Science. The above engraving, copied partly from one in Lander's travels, is recognized by the Africans as giving a correct representation of the appearance of villages in their native country.]