An Open Letter to Donald Trump

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19th Century America, Donald Trump, slavery, The American Civil War

Dear President Trump,

Normally this blog is about is the intersection of history with film and television, but occasionally I offer my thoughts about political comments about history. And recently you drew attention by saying “But why was there the Civil War? Why couldn’t that one have been worked out?” A lot of commentators have attacked you for asking the question and arguing that you ought to have known the answer. But as I tell my students occasionally, there is no shame in not knowing something about the past. The whole point of taking history courses is to learn things about the past that you didn’t know (and to learn a set of incredibly useful general skills that can be applied to almost any situation you’re in). So rather than shaming you, I’m going to answer the question for you.

As it happens, the answer to that question is both simple and complex at the same time. I’m not a specialist in American history but I do teach Modern Western Civilization pretty regularly, which requires me to discuss the issue, and here’s my take on the question. The Civil War couldn’t be “worked out” because 1) the Southern states were committed to the principle that black people were not truly humans but merely property that white people could own and use for labor, 2) the Constitution was written in such a way that, short of a massive change of heart across the South, there was no legislative solution to the dispute over slavery, and 3) Southern politicians were committed, not just to maintaining their “peculiar institution” (as they liked to refer to slavery) but also to expanding slavery into areas where it was not currently allowed. (By the way, if you need to practice your writing, that previous sentence is what’s called a “thesis statement.” It summarizes my main point in this essay. You sometimes have trouble expressing your arguments clearly, so you might try using a thesis statement.)

 

Southern Attitudes toward Slavery

My first point is that the Southern states were deeply committed to the principle of owning black people as property. You can see that in the statements the Southern states made when they were justifying their secession from the United States. For example, the Mississippi Declaration of Secession says in its second paragraph,

“Our position is thoroughly identified with the institution of slavery – the greatest material interest of the world. Its labor supplies the product, which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization. That blow has been long aimed at the institution, and was at the point of reaching its consummation. There was no choice left us but submission to the mandates of abolition, or a dissolution of the Union, whose principles had been subverted to work out our ruin.”

Several of the ‘facts’ it cites are explicitly related to slavery and most of the remaining ones are indirect references to slavery or issues related to slavery.

South Carolina’s Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union takes somewhat longer to get to the point, but eventually explains that Northern states were refusing to live up to their Constitutional obligation to return fugitive slaves (as expressed in as the Fugitive Slave clause) and that the non-slaveholding states have sought to undermine the ownership of slaves as property.

Texas’ A Declaration of the Causes which Impel the State of Texas to Secede from the Federal Union says in its third paragraph “[Texas] was received as a commonwealth holding, maintaining and protecting the institution known as negro slavery – the servitude of the African to the white race within her limits – a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should exist in all future time.” It goes on to say a few paragraphs later that many of the Northern states have violated the Fugitive Slave clause of the Constitution, and that these states have formed a ‘sectional party’

“…based upon an unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of African slavery, proclaiming the debasing doctrine of equality of all men, irrespective of race or color – a doctrine at war with nature, in opposition to the experience of mankind, and in violation of the plainest revelations of Divine Law. They demand the abolition of negro slavery throughout the confederacy, the recognition of political equality between the white and negro races, and avow their determination to press on their crusade against us, so long as a negro slave remains in these States.”

Notice how explicit the Texas statement is about the moral value of slavery. It calls it a “beneficent and patriarchal system” supported by “the plainest revelations of Divine Law.” That sort of language is surprisingly common among Southern politicians in the decade before the Civil War. Albert Gallatin Brown, a prominent politician from Mississippi who served in the House of Representatives and the Senate and two terms as governor of Mississippi declared in his 1858 Speech at Hazelhurst, “I think slavery is a good thing per se; I believe it to be a great moral, social, and political blessing—a blessing to the master and a blessing to the slave, and I believe, moreover, that it is of Divine origin.” In the face of pressure from abolitionists, Southerners had developed a justification of slavery that argued that it was not just useful, but actually one of the greatest moral goods in human history. While shockingly racist by modern standards, these sentiments were quite common in the Old South.

Albert G Brown

The Confederate Constitution, which is largely modeled on the United States Constitution,   generally makes explicit references to slavery where the US Constitution was more discreet about the issue. It forbids the important of “negroes of the African race”. It declares that “No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.” (The italicized text is new.) Should the new Confederacy acquire new territory, “In all such territory, the institution of negro slavery as it now exists in the Confederate States, shall be recognized and protected by Congress, and by the territorial government: and the inhabitants of the several Confederate States and Territories, shall have the right to take to such territory any slaves lawfully held by them in any of the states or territories of the Confederate states.” Clearly, the Confederate states wanted to ensure that slavery was guaranteed permanetly in their government.

 

Slavery in the Constitution

The American Constitution is in many ways a wonderful document. You should read it some time; my students are always surprised by the rules it establishes for how we can run our political system. But one of the places where it fails to live up to its promise is in its acceptance of slavery. The Constitution was very much a compromise document, seeking to balance the interest of large states against small states and of Northern non-slaveholding states against Southern slaveholding states. Without that compromise, it wouldn’t have been accepted by different states. It enshrines political compromise as a basic principle in our system. If the House and the Senate can’t agree on a law, that law can’t get passed, and if the President can’t agree with Congress, that law is probably not going to get enacted. One of the places where the authors of the Constitution compromised was by allowing slavery. In fact, slavery is written into the Constitution so deeply that achieving a legislative solution to the dispute over slavery was essentially impossible.

You might be surprised to hear that slavery is entrenched in the Constitution. The words ‘slave’ and ‘slavery’ never occur in the document. But that doesn’t mean it’s not in there. The men who wrote the Constitution (James Madison in particular) were aware that Northern states were hostile to slavery, so they sought to disguise the presence of slavery in the document by referring to it obliquely. By my count, the Constitution discusses slavery 3 times, mostly with an eye to protecting it.

James Madison

For example, Article 1, Section 2, Clause 3 says “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.” Did you catch that reference to slaves? They’re the “all other Persons” who aren’t “free Persons” or “Indians not taxed.” This is the famous 3/5^th Compromise, which declared that slaves were to be counted as 3/5 of a person for purposes of apportioning representation in the House.

Maybe you knew about the 3/5 Compromise, but you probably didn’t stop to think about what the practical effect of it is. By treating slaves as a form of property that still counts toward political representation, this clause over-represents the Southern states relative to the Northern states (which didn’t allow slavery). That guaranteed that even if there were an equal number of slaveholding and non-slaveholding states, the slaveholding states would always have a larger voice in the House, thereby ensuring that no law hostile to the interests of slave owners would be able to pass.

Article 1, Section 9, Clause 1 states “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” That sounds innocuous until you realize that the “importation of such persons” is a reference to importing blacks as property. The purpose of this clause is to forbid Congress from forbidding the Trans-Atlantic Slave Trade until 1808 and forbidding Congress from trying to stop the trade by imposing steep tariffs on imported slaves.

Then there’s Article 4, Section 1, Clause 3, the aforementioned Fugitive Slave clause. “No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.” In other words, no runaway slave can escape his slavery by fleeing to a non-slaveholding state. Slave owners could legal require that the authorities in non-slaveholding states had to turn over escaped slaves. One could also argue that Article 4, Section 1, Clause 1, the Full Faith and Credit clause, deals with slavery as well, since it requires non-slaveholding states to acknowledge the purchase and sale of slaves in other states.

But that’s not the end of the ways the Constitution protects slavery. Article 1, Section 7, Clause 1 says that all bills dealing with taxation must begin in the House. That means that Congress would not be able to tax slavery out of existence, because slaveholding states were over-represented in the House. Article 1, Section 9, Clause 5 specifies that “No Tax or Duty shall be laid on Articles exported from any State.” Slaveholding states were perhaps the major exporters in the United States because slaves were primarily used to run plantations that produced export crops like cotton and indigo, so it would not be possible to abolish slavery by taxing the exports that made slave owners wealthy.

The 3/5 Compromise also affected the election of presidents, since the number of electors that a state received was based on the number of Representatives it had plus the number of Senators it had. So the over-representation of slaveholding states skewed the presidency toward slaveholding states. It’s no wonder that 10 of the first 16 presidents were slave owners, although two of them, Van Buren and W.H. Harrison inherited their slaves. (Despite being a Northerner, Harrison was a supporter of slavery.)

George Washington, slave owner

Eventually, the higher population growth of the Northern states began to enable the free states to overcome the artificial bonus that slaveholding states had, but at that point, the fact that all states got an equal number of senators began to work in the South’s favor by preventing anti-slavery laws from passing in that chamber. Since ties are broken by the Vice-President and a majority of the Vice-Presidents were supporters of slavery, slavery remained protected.

The cumulative effect of this entrenchment of slavery in the Constitution was that a peaceful, legislative solution to the dispute over slavery was nearly impossible to achieve, because slaveholding states and politicians had a decisive upper hand in the Federal Government. That meant that the only way slavery could be abolished was through violent conflict.

 

The Expansion of Slavery

Post-Civil War propaganda in the South has sought to depict the Civil War as a “War of Northern Aggression”, but the reality is that it was Southerners who wanted to expand slavery. Southern states insisted on the enactment of the 1850 Fugitive Slave Act, which was designed to overturn Northern states laws intended to make the return of escaped slaves harder by fining government officials who did not arrest alleged slaves; the law provided that government officials had to accept a slave-owners sworn testimony that a particular black man was a runaway slave. This made it quite easy for Southerners to essentially kidnap free blacks into slavery. The 1857 Dred Scot decision declared that blacks could not be citizens and therefore could not easily bring lawsuits alleging that they were free. It also declared that the Federal government had no power to regulate slavery in federal territories acquired after the American Revolution. By suing to force the return of slaves from free states, Southern slave-owners were often seeking to overturn free state laws, thereby undermining the ability of free states to remain free states.

(My own state, Wisconsin, I am proud to say, openly defied the Supreme Court on this issue and refused to hand over the escaped slave Joshua Glover. A mob broke him out of his prison at what is today Cathedral Square in Milwauee.)

There was also a vehement quarrel over the admission of new states to the Union. Abolitionists hoped that by admitting more free states, they might eventually be able to overcome the lock the slaveholding states had on the Federal government. The Missouri Compromise of 1820 maintained the balance of power by admitting Maine as a free state and Missouri as a slave state.

Southern states, in contrast, wanted to export slavery wherever they could. In Albert Gallatin Brown’s speech, he declares the importance of exporting slavery.

“I want Cuba, and I know that sooner or later we must have it. If the worm-eaten throne of Spain is willing to give it for a fair equivalent, well—if not, we must take it. I want Tamaulipas, Potosi, and one or two other Mexican States; and I want them all for the same reason—for the planting and spreading of slavery… I would spread the blessings of slavery, like the religion of our Divine Master, to the uttermost ends of the earth, and rebellious and wicked as the Yankees have been, I would even extend it to them. I would not force it upon them, as I would not force religion upon them, but I would preach it to them, as I would preach the gospel.”

Apologists for the Confederacy have often claimed that the Civil War was caused by the issue of ‘state’s rights’. But in fact, when you read the various Declarations of Secession, you find the seceding states complaining that the Federal government wasn’t enforcing the Constitution on the Northern states. So they were actually opposing the idea of state’s rights.

Obviously the causes of the Civil War are complex. I’m not a specialist in American history, and I’m sure a good Civil War historian could greatly elaborate on (and perhaps in a few spots correct) my argument. But that’s the basic reason why the problem of slavery couldn’t be “worked out.” All avenues for resolving the dispute peacefully had essentially been foreclosed by the way the Constitution was written and by the insistence of Southerners that their system was inherently good and needed to be expanded.

Most of the confusion about the Civil War’s causes has been due to Confederate apologists seeking to justify their failed secession after the Civil War and by 20^th century racists who began to glorify the Confederacy during the Civil Rights era (for example by insisting on raised the so-called Confederate Flag at state-houses in the South). But that’s an issue that can be addressed with more emphasis on history education. I’d encourage you to do some reading about the subject or talk with an historian of the Civil War. Ignorance of the past is nothing to be ashamed of, but committing to ignorance of the past is.

Want to Know More?

One simple place to start is David Waldstreicher’s Slavery’s Constitution: From Revolution to Ratification. It does a good job of showing how slavery was enshrined in the Constitution.

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A Few Thoughts about Westworld

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19th Century America, Anthony Hopkins, Evan Rachel Wood, HBO, Rodrigo Santoro, Thandie Newton, The Wild West, Westworld

I’ve been watching Westworld, HBO’s new prestige series that they’re probably hoping will become their next Games of Thrones. So I figured I would take a break from my thoughts about Robin Hood to say what I’m thinking about this show. Back to Robin Hood next time.

For those who haven’t watched the series, it’s based on the 1973 Michael Crichton thriller of the same name. It focuses on an immersive playground, Westworld, in which android ‘hosts’ simulate the Wild West of the 1870s for the amusement of human ‘newcomers’ (the paying customers). The hosts are programmed to live out a set script that repeats itself every day unless a newcomer intervenes, in which case the hosts improvise appropriate reactions. Many of the hosts offer a ‘mission’, a unique storyline that provides adventure for the newcomers. The newcomers are allowed to do anything they want to the hosts. Some newcomers choose to be ‘white hats’ (signified literally with headgear), meaning that they are ‘good guys’ and deal with the hosts in pro-social ways, while other newcomers can be ‘black hats’, meaning that they may work with the various villainous hosts or engage in whatever mayhem they chose to direct against the hosts.

Unfortunately, some of the hosts are beginning to achieve sentience. Of these, the series focuses on Dolores (Evan Rachel Wood), the classic Western ingenue daughter of cattle-ranchers who are fated to be murdered unless a newcomer intervenes, and Maeve (Thandie Newton), the madame of the local brothel and saloon, who tends to get caught in the crossfire when violence breaks out there.

Wood as Dolores

Most of the rest of the cast are other hosts or the human staff who maintain the park, repair the hosts every night, and program the hosts with new stories and personality traits. But I want to talk about a third category of characters, the newcomers. Thus far the show has focused on three of them

1. The mysterious Man in Black (Ed Harris) a long-time visitor who knows the park by heart and who is searching for a mysterious ‘next level’. He’s solidly in the Black Hat camp, slaughtering any host who gets in his way.
2. Logan (Ben Barnes), another veteran newcomer who likes the park for the immoral hedonism that it allows him to indulge in.
3. William (Jimmi Simpson), Logan’s brother-in-law and first-time newcomer. William almost instinctively gravitates toward a White Hat, despite Logan’s attempts to get him to indulge his more primitive urges. William decides to defend the confused Dolores once her awakening consciousness leads her away from her programmed story-line.
4. We see a couple of other newcomers who don’t get names. In particular, there is what appears to be a husband and wife couple that turn up in a few episodes.

Barnes as Logan

The series makes no pretense of actually trying to recreate 1870s America. The park is clearly built around common clichés of the Western genre: gunfights, bandits, and whiskey flow in abundance. What interests me is the show’s missions.

Over the first several episodes we get to see some of the set storylines that hosts offer the newcomers. Mostly we see these from Logan and William’s point of view, but we also get to see the storylines that Dolores and Maeve fit into. The missions include

1. Rescue Dolores when bandits murder her parents. Black Hats can join in with the bandits, and can rape and kill Dolores if they want. If no one intervenes, one of the bandits does that.
2. Hector Escaton (Rodrigo Santoro) rides into town with a gang and shoots the place up to get what’s hidden in Maeve’s safe. Newcomers can kill his gang or, presumably, join Hector’s it.
3. Hunt down various bandits and trouble-makers who are, of course, Wanted Dead or Alive.
4. One minor host character offers a chance to find lost treasure.
5. A hard-to-reach villain offers a mission to rob a group of American soldiers of a cargo of nitroglycerin they’re escorting.

What’s striking to me about this list are two things. First, it’s a very male-centric list of adventures. All of them are built around the opportunity to employ violence, either in pro-social (stop the bad guy) or anti-social (help or be the bad guy) ways. The only non-violent activity in Westworld seems to be having sex with a prostitute. Perhaps this is a reflection that the series creator decided to focus exclusively on male guests (Logan and William are obviously modeled on the two main characters in the 1973 version of the story). The husband and wife newcomers decide to pursue one of the bandits who needs capturing, but the wife either gets bored or finds the mission to0 physically uncomfortable; she rides back to town while her husband continues with the mission. There just don’t seem to be any missions that might appeal to women more than men.

Maeve and Hector

The female hosts seem to reinforce this sense of masculine urges as the point of the park. Dolores needs to be rescued from the bad guys, while the more worldly Maeve offers the opportunity for sex and seduction. Apart from these two, we only get to see two other recurring female hosts, the prostitute Clementine and the sharp-shooting bandit Armistice (Ingrid Bolso Berdal), a member of Hector’s gang with a brutal past. So all the female hosts apart from Armistice fall into very traditional feminine roles from the Western genre.

The show seems to acknowledge that the park is all about sex and violence in one episode when the park’s creator Dr. Ford (Anthony Hopkins) comments that originally there were an equal number of dark and ‘hopeful’ missions, but no one wanted to do the hopeful missions, so they were dropped in favor of darker ones.

Hopkins as Ford

But I don’t think the show is simply indulging in the standard HBO formula of violence and sex. Rather, I think what the show is (perhaps unintentionally) doing is demonstrating just how profoundly masculine our vision of the Wild West is. When we think of stories set in the Wild West, they are always stories of masculine violence: men seeking violent revenge on the bad guy who killed their family, men coming to town and violently protecting the defenseless residents from bandits or other villains, men drifting from town to town until they find the woman who gets them to stay and make a stand. With a few exceptions, the stories we (or rather Hollywood) choose to tell are overwhelmingly about (mostly white) men doing traditionally masculine things and saving the day.

Occasionally we get a movie about Calamity Jane or Annie Oakley, who are chiefly interesting because they act like men; they can shoot guns and ride horses well. We don’t tell a lot of stories about the female bandits like Pearl Hart or Belle Starr. Hollywood mostly bowdlerizes the rare story about Western madams or prostitutes like Poker Alice, making them into mostly sexless ‘hookers with hearts of gold’. Little House on the Prairie purported to tell the story of pioneer woman and prot0-libertarian crank Laura Ingalls Wilder, but presented her in a traditionally domestic role that rarely acknowledged the grueling physical hardships and social isolation that pioneer women struggled with. Hollywood doesn’t acknowledge the more deviant figures like the cross-dressing Charley Parkhurst, who lived as a man and drove stagecoaches for a living, or Cathay Williams, who served two years as a Buffalo Soldier under the name William Cathay after having fought in the Civil War. Black women like Williams are particularly invisible in our popular memories of the Old West.

Cathay Williams

Westworld, however, isn’t so much ignoring the highly sexist nature of Wild West mythology  as meditating on it. I said earlier that the show isn’t just indulging the HBO formula of violence and sex, in part because there’s very little actual sex shown on-screen. Logan indulges himself with a couple of prostitutes and in a later episode he, William, and Dolores discover a massive orgy. That’s it so far over 5 episodes, when that would be about half an episode’s worth of sex on Game of Thrones. And while the hosts are frequently shown nude, as the park staff repair or reprogram them, the nudity acts not to sexualize them but to highlight their profound vulnerability to the staff’s manipulation.

With the sex considerably downplayed, the show is about violence. But it’s not just about letting us watch violence for titillation and shock. The show seems to be developing a critique about the effects of violence. Logan and William are offering us a story about the corrupting power of violence, while Dolores and Maeve both flash back to earlier ‘lives’ that ended in terrifying violence. They struggle to understand the effects of violence on their existence, a violence that matters even though they cannot clearly remember it. The original Westworld was a parable about the dangers of hedonism coming home to roost, and the new series seems determined to explore that in a far more intelligent and thought-provoking way than Game of Thrones ever has. Violence, the show seems to be saying, always has consequences, even in a place where violence isn’t supposed to have consequences.

 

 

 

 

Amistad: Joseph Cinqué and All the Other Nameless Blacks

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19th Century America, Amistad, Colonial Africa, David Franzoni, Debbie Allen, Djimon Hounsou, Joseph Cinqué, Morgan Freeman, Racial Issues, Sierra Leone, slavery, Steven Spielberg

The story of La Amistad is an important story in the history of black Americans. When Debbie Allen discovered William Owen’s Slave Mutiny: The Revolt on the Schooner Amistad (1953, republished in 1968 under the title Black Mutiny), she became convinced that this was a story that Americans, particularly black Americans, needed to know. So she persuaded Steven Spielberg to make the film in 1997. His previous foray into a “black” film, The Color Purple, had been criticized within the black community for both softening Alice Walker’s novel too much and for its harsh depiction of black men as abusive to women. Unfortunately, decisions that Spielberg made while editing the film produced a film that is much less about the Africans on the Amistad than the white Americans who helped them win their freedom.

The film opens aboard the Amistad, with Joseph Cinqué (Djimon Hounsou) slowly prying a nail from a piece of wood. Once he has worked the nail loose, he uses it as a simple lock-pick to open the cuffs he is wearing, and then liberates the other slaves. (Historically this is wrong; the slaves used a file that they found, not a nail, and it’s not clear that Cinqué is the one who accomplished their liberation. I’m not sure that it makes too much difference, other than situating Cinqué as the leader of the whole revolt.) Having armed themselves, they attack the crew, take Ruiz and Montez prisoner, and attempt to sail back to Africa only to be tricked by their prisoners. They are taken captive by Lt. Gedney and put into a Connecticut prison.

From that point on, the focus of the film is almost entirely on American characters, with the exception of Cinqué. The Africans are treated largely as an undifferentiated group. Apart from Cinqué, only one of them, the fictional Yamba, gets any character development. There is one scene that highlights the ethnic differences between the various Africans, but since the scene deals with an argument about where to place a table, the scene mostly acts to demonstrate how irrational the Africans are rather than to illuminate anything about their culture.

A contemporary image of Cinqué

Language Matters

Part of the reason for the obscuring of the Africans apparently has to do with Spielberg’s decision about how to deal with language. Early on, Spielberg and screenwriter David Franzoni made the decision to treat the language realistically; the Africans speak Mende rather than English. He could have done what many previous Hollywood films did and simply have everyone speak English anachronistically. So Spielberg deserves some credit for trying to treat the Africans realistically on this point. This choice has the effect of highlighting the cultural barriers and differences between the Americans and the Africans, and that enables the film to set up a story arc in which Roger Baldwin (Matthew McConaughey) and Cinqué gradually come to understand each other’s perspective.

Cinqué and other Africans at the first hearing. Note how crudely they are dressed.

But the decision to have the Africans speak Mende creates a problem for the film; since the audience is unlikely to know Mende, the film will have to subtitle all their dialogue for the audience to understand it. But American audiences in the 1990s were notoriously resistant to subtitled films (and not much more receptive today), so there was a good deal of concern that the subtitles would keep audiences away from the film. As a result of this concern, Spielberg chose to minimize the amount of subtitling he provides in the film. Most of what the Africans say goes untranslated.

Spielberg’s guiding principle in deciding what to subtitle seems to be how critical the dialogue is to understand what’s happening on the screen. In the opening scenes, most of the Mende goes untranslated, but the Portuguese spoken by Ruiz and Montez gets translated. Later, Cinqué’s dialogue gets translated while other Mende does not. Once a translator is found who speaks Mende (Chiwetel Ejiofor in one of his earliest roles), Cinqué’s dialogue is no long translated, except when he is talking to Yamba.

The unfortunate effect of this choice is to render the Africans the exotic Others in the eyes of the audience, because most of the time the viewer has no idea what the Africans are saying. The choice strips these characters of much of their identity and agency. Perhaps the worst moment in the film for this comes after Judge Juttson renders his verdict in the first trial. The Africans do not understand that the judge’s verdict has been appealed and that there must be a second trial. Instead, they celebrate by lighting a bonfire in the courtyard of their prison and dancing around it, because apparently Africans dance around bonfires. When Cinqué learns that there has to be a second trial, he responds by angrily stripping off his Western-style shirt and going over to the bonfire. Cinqué’s angry speech is translated, but the rest of the Africans are not translated.

The effect of this is to present the Africans as primitive savages in contrast to the more civilized (and clothed) Americans. Unfortunately, this undermines what Spielberg seems to have intended with the film, the idea that the Africans are people like the Americans.

While the film is to be commended for trying to present the complexities of communicating across linguist barriers, to accomplish this it greatly exaggerates the challenge involved. The film devotes a great deal of time to Baldwin’s attempts to communicate with Cinqué, when in fact the abolitionists found translators fairly quickly, which allowed several of the Africans to offer testimony in court.

 

The Role of Christianity

Another problem is the way the film treats Joseph Cinqué, whose actual name was Sengbe Pieh. Descriptions suggest that the real Cinqué was a fairly small, unimpressive-looking man, and not the tall, muscular Hounsou, but that’s a fairly minor point. Cinqué became the spokesman for the Africans after their arrival in the US, but it seems less clear that he was the leader of the initial revolt as the film shows.

Cinqué on modern Sierra Leonese currency

The historical Cinqué converted to Christianity at some point during his captivity, as did a number of the other Africans. Many of the abolitionists were opposed to slavery for religious reasons, and others were eager to establish a Christian mission in Sierra Leone and saw the Africans as useful intermediaries for evangelization. When the Africans were finally liberated by the Supreme Court ruling, they were hosted in Connecticut by abolitionists who arranged for them to receive some education in English and Christianity. President Tyler was unwilling to help the return of the Africans, so instead, the abolitionists raised money by taking the Africans on tour to various churches where they demonstrated their knowledge of Christianity.

By the end of 1841, the abolitionists had raised enough money to charter a ship to send both the Africans and five missionaries to Sierra Leone. Most of the surviving Africans abandoned the missionaries as soon as they returned home, but enough stayed that a mission named Mo Tappan in honor of Lewis Tappan was established.

Cinqué’s history after his return is somewhat unclear; he discovered that his wife and children had disappeared, probably victims of the civil war raging in the country. What he did after he left the mission is unclear, but at the end of his life, he reportedly returned to the mission and requested Christian burial. How important Christianity was to Cinqué is unclear, but it is clear that he at least nominally converted to Christianity and cared about that conversion at the end of his life.

The Africans during the first trial. Note the clean white shirts

In the film, however, the role of Christianity is sharply downplayed. The main abolitionist characters (Joadson and Tappan, basically) never seriously mention Christianity as a motivation. There is a group of Christians who sing “Amazing Grace” and offer Bibles to the Africans, but they don’t have any actual lines and there’s no clear explanation that they are abolitionists. There is no suggestion that Cinqué converts to Christianity. Instead, the fictitious Yamba somehow teaches himself enough English to make sense of the story of Jesus, thanks to a Bible he’s given by the missionaries. He explains Jesus’ story to Cinqué, or at least an inoffensive Hollywood version of that story, but never clearly converts either.

The result of this is that once the liberated slaves arrive in the US, the film wanders away from the genuine elements of their story. It focuses almost exclusively on Cinqué’s story, as if only his experience mattered. It almost entirely removes Christianity from the story, even though Christianity was a major motivation for the abolitionists. The actual Africans navigated their situation in a fairly sophisticated way. They recognized that getting back home required them to please the Christian abolitionists by embracing Christianity long enough to return home; in doing this they adopted a common strategy, often employed by powerless or lower status people, of appeasing those with the power long enough to achieve their ends. But the film completely strips them of their agency by presenting most of the Africans as passive recipients of American benevolence.

In doing this, Spielberg unfortunately turned what Allen had apparently seen as an important story about a group of blacks liberating themselves from slavery and finding a way to return home to Africa into a story of how white Americans graciously fought to liberate blacks who weren’t really very civilized until they encountered the transformative power of American benevolence and love of liberty.

Adams and Cinqué before the Supreme Court. Note Cinqué’s Western clothing

Spielberg reinforces this notion of transformation with a costuming choice he made for the slaves. When the Africans are slaves, they are naked. After the rebellion on the Amistad, the slaves wear random pieces of clothing. Over the course of their time in jail, their clothing slowly gets more sophisticated. Partway through the first trial, they begin wearing clean white shirts; by the Supreme Court trial Cinqué is dressed more or less as a well-off American. When they are returned to Africa, most of the Africans are wearing white shirts, but Cinqué is just wearing a sheet wrapped around his torso and a pair of pants. I think this last detail is intended to suggest the most famous painting of Cinqué (which depicts him as a noble savage), but it comes off as a suggestion that he can’t dress properly without American help. The closer Cinqué is to his natural African state, the more crudely he dressed, while the more he depends on Roger Baldwin and John Quincy Adams, the more sophistication his clothing shows.

Nathaniel Jocelyn’s 1840 painting of Cinqué

Allen recognized that the story looked very much like one in which white men rescue oppressed black people. So she insisted on the insertion of the fictitious Theodore Joadson (Morgan Freeman). As she has said, “There were wealthy educated black men at this time. And hundreds of them were involved in the abolitionist movement.” Unfortunately, because Joadson was inserted into a story whose narrative was already fixed, that left the character without much to do dramatically. So Allen’s worthy attempt to show a black man working to free other blacks isn’t enough to overcome the thrust of the narrative as Spielberg presents it.

Cinqué returning to Africa. Note the white sheet.

So on the surface, Amistad is about the struggle of Joseph Cinqué and Theodore Joadson to free Cinqué and his fellow prisoners. In reality, it’s about how wonderful it is that white men struggled to free Cinqué and the others with a little bit of help from a black abolitionist.

Want to Know More?

Amistadis available in different formats on Amazon.

Markus Rediker’s The Amistad Rebellion: An Atlantic Odyssey of Slavery and Freedomputs the focus squarely where it belongs, on the Africans fighting for their freedom, rather than on the faux-heroic abolitionists and lawyers of the film. In doing this, he breaks from earlier treatments of the Amistad incident and writes the story that Spielberg ought to have.

Amistad: All the Legal Bits

Tags

19th Century America, American Presidents, Amistad, Anthony Hopkins, Colonial Africa, David Franzoni, Debbie Allen, Djimon Hounsou, John Quincy Adams, Joseph Cinqué, Legal Stuff, Lewis Tappan, Martin Van Buren, Matthew McConaughey, Morgan Freeman, Racial Issues, Roger Sherman Baldwin, Sierra Leone, slavery, Steven Spielberg

In 1839, a Spanish slave ship, La Amistad (“Friendship” in English), was travelling between Havana and Puerto Principe, Cuba, when the slaves in the hold found a file and were able to liberate themselves from their chains. They armed themselves and staged a rebellion. They killed one of the owners of the ship and took the other two, Jose Ruiz and Pedro Montez, prisoner and tried to force them to sail back to Sierra Leone, where the Africans had been taken captive, but instead Ruiz and Montez sailed north, until the ship was intercepted by an American naval vessel off Long Island. That triggered an important legal battle and was ultimately the inspiration for Amistad, (1997, dir. Steven Spielberg).

 

The Legal Issues of the Amistad Case

The arrival of the liberated slaves caused an extremely complex legal problem. Lt. Gedney, who was captaining the ship that found the Amistad, took it to Connecticut rather than New York, because slavery was still technically legal in Connecticut, and that allowed him to present a claim for salvage that included the slaves as part of the cargo. Two other men  also claimed salvage rights over the ship because they had apprehended some of the slaves who came ashore in search of food and water. Ruiz and Montez filed a claim that the ship and the slaves were their rightful property. The Spanish government, acting through the Connecticut district attorney, claimed the ship and its slaves as Spanish property. Finally, the liberated slaves claimed that they were not property at all and that therefore none of these suits had authority over them.

The slaves were supported in their position by the British government, which had by this point taken the lead in opposing slavery, signing treaties with various countries to ban the international slave trade, which the United States did in 1808. As a result, the issues at play in the Amistad case were intimately connected to international law. Since Spain had not outlawed slavery, and since the US had a treaty with Spain (Pinckney’s Treaty) that required the return of Spanish property to its rightful owners, the question was whether the liberated slaves counted as property or people.

Just as important were questions of Admiralty Law (or Maritime Law), which deals with matters relating to maritime commerce, crimes at sea, and the like. The chief issue here was Gedney’s decision to take the Amistad to Connecticut instead of the closest harbor, which was in New York. Gedney’s claims for salvage rights over the liberated slaves would not have been admissible in New York, which was a free state rather than a slave state. So a key question was whether the Amistad had been found in New York waters or international waters.

Fortunately for the slaves, their case was taken up by Lewis Tappan, a Christian abolitionist from New York. He put together the legal team, led by Roger Sherman Baldwin, that represented the slaves, worked to improve their living conditions while they were in captivity, attended the trial on a daily basis and wrote newspaper reports on it for an abolitionist newspaper, and arranged to have the slaves tutored in English. After their release, he worked to raise money to return them to Africa.

Roger Baldwin

The case made its way through three courts. It was initially heard in the Connecticut Circuit Court under Judge Smith Thompson where the charge was mutiny and murder. Thompson ruled that the court lacked jurisdiction because the acts in question had happened outside American waters on a Spanish ship. The case was simultaneously heard in District Court under Judge Andrew Judson (not Juttson, as the film spells it) to address the issues of Admiralty Law. The chief issue here was initially the question of salvage, which Judson was skeptical of, doubting that the liberated slaves could be regarded as property.

Despite the fact that the central issue was whether the case should be heard in New York or Connecticut, Baldwin made the origins of the liberated slaves an important element of the proceedings, even though it was readily conceded by almost everyone that the slaves were Africans and not Cubans. The centerpiece of this was the testimony of Joseph Cinqué, a leader of the liberated slaves, who told the story of his capture in Africa, his journey across the Atlantic, his purchase in the Cuban slave market, and his role in the mutiny. After that, Gedney’s lawyer dropped his claim for salvage rights over the slaves, saying that his client had only ever wanted salvage rights over the ship and its non-living cargo.

Judson ruled that Gedney and his crew had taken possession of the Amistad on the high seas, not in New York waters, and so Admiralty Law was relevant. Gedney was therefore entitled to 1/3 of the appraised value of the ship and its non-human cargo. The slaves, he ruled, were born free and therefore had been unlawfully enslaved in violation of a treaty that prohibited the Spanish from importing slaves, and ordered the Executive Branch to take possession of the liberated slaves until their return to Africa could be arranged.

The Van Buren administration decided to appeal the case to the Circuit Court, because the matter had begun to rile up the southern states and Van Buren was hoping to be re-elected. Rather than hearing lengthy arguments that he realized would result in an appeal regardless of which way he ruled, Judge Thompson affirmed Judson’s ruling and sent the case to the Supreme Court because it involved two major international powers and significant issues of American law.

Martin Van Buren, 8th President of the United States

When the case got to the Supreme Court, the US Attorney General, Henry Gilpin, argued that the Amistad’s records showed the slaves were Spanish property and that therefore the courts had no right to reject the documents’ validity. Therefore, the slaves must be turned over to the Spanish. It was a weak argument, but Gilpin spent two hours making it. Baldwin spent the next four hours repeating the same arguments he had already made; he added that the Spanish had failed to appeal Judson’s liberation of the slaves, and so were arguing the wrong issue.

Former President John Quincy Adams then delivered an 8-hour speech that took up the following two days. The centerpiece of his argument was an attack on the powers of the Executive. He argued that if the President had the power to return the liberated slaves to Havana, the President would also have the power to order American citizens sent to other countries to stand trial. He also argued that Pinckney’s Treaty did not cover the return of people, only property. He also invoked the Declaration of Independence and its statement that all men have an inalienable right to life and liberty.

John Quincy Adams, 6th President of the United States

Justice Joseph Story issued the Court’s ruling, which was that the Africans were unlawfully kidnapped and therefore entitled to their freedom. It rejected Gilpin’s argument that the Court had no right to rule over the legitimacy of the documents in the case, since the documents were elements of a fraud. Gedney was entitled to salvage rights. When the Amistad came into American waters, it was under the possession of the liberated slaves, and was therefore not Spanish property, so no treaty required its return to Spain.

As you can see from this very long summary (assuming you haven’t given up and gone somewhere else by now), the Amistad case was an extremely complex one that ranged across a variety of issues (and let me admit here, I’m certainly no expert on legal history; I relied heavily on a couple of good summaries of the case, and may well have made a few mistakes on the legal details). But the issues being debated in the case were not primarily the legitimacy of slavery as a legal institution in the United States; rather the chief issues were various international treaties, Admiralty Law, and ultimately the power of the Executive branch.

Spielberg’s Version of the Amistad Story

The Amistad case has long been acknowledged by historians as an important case in the history of American slavery. It has not, however, always been well-known to the American public, having been overshadowed in the public consciousness by the later Dred Scott case since the latter case was far more important for domestic law. Debbie Allen, the well-known black actress, director, and producer, learned about the Amistad case from a historical novel by William A. Owens, Slave Mutiny: The Revolt on the Schooner Amistad (1953, republished in 1968 under the title Black Mutiny), which she optioned for a film. She persuaded Steven Spielberg to make what he eventually called his “most important movie”. The subject is certainly worthy of a film, but it unfortunately didn’t get the film treatment it deserved.

Slave Mutiny, the book that inspired the film

The chief problem with adapting the Amistad case to film is obviously that American audiences were unlikely to go to a movie about the legal complexities of international treaties and Admiralty Law. So, in typical Hollywood fashion, a decision was taken to focus instead on an uplifting story of American freedom that would affirm viewers’ notions that America was a country of liberty and equality where the court system was ultimately opposed to slavery. Getting the Amistad case to speak to those ideas would require considerable torture of the facts.

Since law was so critically important to the case, Spielberg and screenwriter David Franzoni (one of the screenwriters on Gladiator) decided to fall back on cinematic conventions of trial movies, so they made the film into a story about the lawyer, Roger Baldwin (Matthew McConaughey) , and his client, Joseph Cinqué (whose African name was Sangbe Pieh, played by Djimon Hounsou). These characters were given strong story arcs that focus in Baldwin’s case on his journey from thinking about the slaves as property to thinking about the slaves as human beings and in Cinqué’s case on his journey from anger and despair to discovering the beauty and promise of American justice.

McConaughey as Baldwin and Hounsou as Cinqué

John Quincy Adams (Anthony Hopkins) undergoes a less central but still important arc in which he moves from not caring about abolitionism to being a passionate proponent of it, thanks to his meetings with Cinqué. In fact, it wasn’t necessary for him to be persuaded to take the case; Adams volunteered to represent the Africans.

This is an uplifting story that has little basis in fact. Far from being a poor struggling lawyer who has to chase after the case as the film seems to present him, Roger Sherman Baldwin was the grandson of one of the Founding Fathers and a highly respected lawyer who was also a member of the Connecticut legislature and a committed abolitionist. He was elected Governor of Connecticut just three years after the Amistad case. Nor did Baldwin approach Lewis Tappan about hiring him as a lawyer; Tappan recruited Baldwin because of his solid credentials as an abolitionist and the fact that prominent politician of Connecticut.

I’ll talk about the film’s treatment of Cinqué in a later post, because there’s a lot to say about it, but here I’ll just say that there’s no evidence that Cinqué went through a period of angry refusal to co-operate with Baldwin. That element of the story is entirely Hollywood’s trope of the hero who goes through a period of self-doubt before finding his confidence. That part of his story line meshes rather poorly with the film’s treatment of him as a ‘Magical Negro’ who helps white people become better human beings by being inspiring.

To give Baldwin his fictitious character arc, the film had to largely sideline Lewis Tappan, who in reality was central to the entire effort on behalf of the slaves. After having a couple meetings with Baldwin and the fictitious black abolitionist Theodore Joadson (Morgan Freeman), Tappan essentially vanishes from the film, apart from watching some of the courtroom proceedings. Replacing Tappan, who was in many ways the driving force for the case, with the fictitious Joadson is a serious disservice to Tappan.

The Joadson character is a particular problem. Joadson has neither back story (other than a few hints that he was a former slave) and no motive for being an abolitionist apart from the presumed motive that a black man would obviously care about the legal rights of blacks. Freeman is given no real character development and, apart from one scene where he helps Baldwin search the Amistad for evidence, has very little to actually do except occasionally talk to Adams. The character seems to have been added to increase black audience interest, since in 1997, Freeman was already a solidly established actor while Hounsou, playing the other major black character, was a relative unknown at the time. It’s unfortunate that a film that purports to be about the humanity of blacks resorted to this sort of tokenism in casting Freeman as a made-up person.

Freeman as Joadson

The Legal Elements

Despite the character arcs that Franzoni made up, the film is still at its heart a courtroom drama. But the case was far too complex, and turned on legal issues that were unlikely to captivate American audiences, so the legal details required considerable massaging. As I noted, the main legal issues in the actual case were the question of where the Amistad was taken by Gedney and whether various treaties applied. The film shifts the issue considerably, to the question of whether the slaves were African or Cuban in origin.

That choice is not an unreasonable one. It focuses the audience’s attention on the easy-to-understand issue of whether the liberated slaves were legally or illegally enslaved, and allows the central issue of the film to be the well-loved issue of ‘freedom’, in this case understood as literal freedom from slavery. It allowed Spielberg to use chains as a recurring symbol of the issue weighing on Cinqué, so that after the Supreme Court decision, Cinqué’s handcuffs can be removed right there in the courtroom as a symbol of his triumph, despite being entirely invented since Cinqué was not present at the Supreme Court portion of the case. This choice also allows the film to get away from the much thornier issue of where Gedney found the ship.

But this choice does distort the case considerably. There seems to have been relatively little real debate in the courtroom over whether the slaves came from Africa or Cuba, despite Baldwin’s emphasis on this issue in the trial. Ruiz and Montez said they were Cuban slaves, but witnesses were presented that Ruiz had admitted they were African. A Yale linguist testified that the slaves spoke Mende, and two interpreters were found so that the slaves could provide their own testimony. (The film actually gets almost right the way the translators were found. The linguist learned to count to ten in Mende and then walked around the docks counting loudly until someone recognized what he was doing and approached him. But it wasn’t Joadson and Baldwin who did that.) But Cinqué actually did tell his harrowing story of enslavement in court, so the film is not just shoehorning that in for drama.

More problematically, if the main issue is where the slaves came from, it means that by Hollywood convention, there needs to be a stock scene in which the lawyer personally searches for evidence to prove his case. We’ve seen a scene like this in just about every courtroom drama ever filmed, and in this case it takes the form of Baldwin and Joadson searching the Amistad. Joadson finds a lion’s tooth, which allows the film to introduce what is supposed to be an inspirational story about how Cinqué killed a lion in Africa. The film later keeps returning to the metaphor of ‘slaying the lion’ (slavery, in case you needed to be hit over the head with it, which the film thinks you do) as a way to show how inspiring Cinqué is, but it all feels very contrived and it is entirely made-up.

On-board the Amistad, Joadson panics when confronted with the sight of slave chains, drops his lantern, and has to be helped by Baldwin, who then conveniently discovers the log-book of the Tecora, the slave ship that brought the Africans to Cuba. It’s used to prove that the liberated slaves were actually Africans, although it’s never explained why the Tecora’s log-book was on the Amistad in the first place.

The film also significantly changes the details of the courts and the judges involved. As I noted, the case was first brought into the Circuit Court under Judge Thompson, but was heard simultaneously in the District Court by Judge Judson as a bench trial (in which there is no jury, only a judge making a ruling). After Judson’s ruling, it briefly returned to Thompson and then was sent to the Supreme Court after Van Buren ordered an appeal.

In the film the case starts under Judge Judson, apparently in the District Court. But Van Buren (Nigel Hawthorne) somehow contrives to have the jury and the judge dismissed and replaced by a bench trial in front of a young ambitious judge who will do what Van Buren wants, which is to find against the Africans so he can be re-elected. But Cinqué’s cause is so obviously righteous that the judge has a crisis of conscience and does the right thing and frees the Africans. He also rules against Gedney. Then the case gets appealed straight to the Supreme Court.

The removal of the Circuit Court from the storyline makes sense; it smoothes out a complex detail that would only confuse the viewers. But the fabrication of Van Buren manipulating the court system is both unfair to Van Buren and rather nonsensical. It’s not explained how Van Buren does this, and since the film has decided to remove Adams’ attack on the power of the Presidency, it doesn’t really go anywhere in terms of the narrative arc. All it does is introduce some extra tension that could more easily have been introduced by making Judson less sympathetic to the case. It also turns Van Buren into a villain for the film, but he’s a villain who is given very little to do other than fret about the how the South will react to the case. From a script perspective, it just feels clumsy.

As they prepare for the Supreme Court trial, Cinqué suddenly develops a keen legal mind, pestering Adams with legal questions about Admiralty Law and international treaties. This is just silly, because throughout the rest of the film, Cinqué’s understanding of the American system is limited to referring to Adams as a ‘chief’ and not understanding how he can be a former chief.

At the Supreme Court level, Adams delivers a fairly brief speech (compared to the actual 8 hour oration) that acts as the film’s climax. Instead of arguing against the powers of the Executive branch, he makes an impassioned plea for liberty that, apart from a mention of the Declaration of Independence, bears no resemblance to Adams’ actual speech because it mostly turns on what a hero Cinqué is. He declares liberty to be the natural state of mankind. The film also tries to heighten the tension by claiming that 7 out of the 9 Supreme Court justices were southerners; that’s false; while I didn’t look up all the justices in 1841, at least four of them were northerners. (On a side note, the film does have a nifty piece of casting here; Justice Story is played by actual Supreme Court justice Harry Blackmun.)

(Ignore the opening and jump to about 1:45)

As a result of these changes, the audience is led to think that the Amistad case basically put the whole system of American slavery on trial, and it essentially provoked the American Civil War two decades later. In fact the closing scenes of the film show the Civil War and the epilogue text mentions it. In reality, the case was about international law and the international slave trade and while its outcome certainly didn’t please supporters of slavery, it had no direct impact on American slavery. In fact, in 1841, American slaves traveling on the Creole mutinied and escaped to the Bahamas; the American government, despite the Amistad precedent, badgered the British government into paying compensation for the slaves. So rather than being sympathetic to the abolitionist cause, the American courts were generally hostile to it.

Why is the Amistad Case Important?

The film situates the Amistad case as a cause of the Civil War. Several characters mention how the southern states are ready to fight over the issue. That’s a considerable exaggeration. The Civil War wouldn’t come for another twenty years. It played a role in raising tensions over slavery, but the states were a long way from being willing to fight militarily over the issue.

Nor did the case lead to the political defeat of Martin Van Buren in his bid for a second term as president as the film says. The case started in 1839, but it didn’t reach the Supreme Court until 1841, by which time Van Buren had already been defeated by William Henry Harrison. Harrison died less than two months into his term, and was succeeded by his vice president, John Tyler, a pro-slavery southerner who refused to assist in returning the Africans to Sierra Leone.

Nor did it lead to the destruction of the Lomboko Slave Fortress in Sierra Leone. The film shows the British navy liberating the slaves and blowing down the walls of the fortress with a naval bombardment. But the Lomboko fortress was destroyed in 1840, before the Supreme Court had rendered its verdict. It’s hard to see how the case would have influenced the British to do this, since the British were already very active in opposing the slave trade.

So if the Amistad case didn’t accomplish any of the things the film attributes to it, why is the case important? What does it matter in the larger scope of history?

The Amistad case was a turning point in the abolitionist movement. Prior to 1839, abolitionists had sought to overthrow the American slave system primarily through persuasion. They had emphasized the immorality of slavery and sought to win converts to their cause that way. The House of Representatives had imposed a gag rule that automatically tabled all petitions against slavery, so that it was impossible for the issue to be addressed legislatively. What Tappan did in 1839 was open a new front in the struggle; he went to the courts and began to fight slavery legally. In that regard, the Amistad case was a significant victory for the abolitionists, even though it did not set a very strong legal precedent as far as domestic law was concerned. The case also helped rally support for abolitionism because Cinqué’s testimony dramatically illustrated the horrors of the Atlantic slave trade, and Van Buren’s efforts to get the Judson’s ruling overturned seemed to suggest that the Federal government was complicit in the slave system. The case is also important in the history of international law and American diplomacy; it resolved questions about the treaties the US had with Spain.

About the only thing the film gets right about the impact of the case is that it ultimately led to the return of the Africans to Sierra Leone, but that gets to issues of how the film depicts the liberated slaves, and that’s something I’ll save for next time.

Want to Know More?

Amistadis available in different formats on Amazon. As I noted, it’s based on William Owens’ Slave Mutiny, later reprinted as Black Mutiny: Revolt on the Schooner Amistad.

Unless you’re a legal scholar, I suspect that the legal issues are going to make dry reading, but Amistad: The Federal Courts and the Challenge to Slaveryis a short, cheap Kindle book that surveys the whole case and all the people involved.