Amistad (1997)

Harry A. Blackmun: Associate Justice Joseph Story

Quotes 

• Associate Justice Joseph Story : It is the opinion of this Court, that our treaty of 1795 with Spain, on which the Prosecution has primarily based its arguments, is inapplicable. While it is clearly stipulated in Article 9, that, and I quote, "seized ships and cargo are to be returned entirely to their proprietary," the end of quote, it has not be been shown to the Court's satisfaction that these particular Africans fit that description. We are then left with the alternative that they are not slaves and therefore, cannot be considered merchandise, but, are rather, free individuals with certain legal and moral rights, including the right to engage in insurrection against those who would deny them their freedom. And, therefore, over one dissent, it is the Court's judgment that the defendants are to he released from custody at once. And, if they so chose, to be returned to their homes in Africa.