Viewing page 13 of 69

This transcription has been completed. Contact us with corrections.

24

bor [[labor]] of slaves. They own their plantations and slaves there, subject to the laws of Spain, which laws declare the African slave trade to be felony. The Spanish minister has no right to appeal to our courts to pass a particular sentence between parties in a suit, by considerations of their personal interest, or that of other American citizens in the Island of Cuba. What would become of the liberties of this nation if our courts are to pass sentence between parties, upon considerations of the effect it may have upon the interest of American citizens, scattered as they may be in all parts of the world? If it is a valid consideration when applied to Cuba and the American owners of sugar estates and slaves there, it applies equally to all other countries where American citizens may have property; to China, Hindostan, or the Feejee Islands. It was no proper argument for the Spanish minister to urge upon the American Secretary of State. It was undoubtedly calculated and designed to influence his sympathy in the case-that sympathy with one of the parties which he says had become national. It was calculated to excite and to influence the Secretary of State not only by the effect to be produced in the island of Cuba, but perhaps also by a regard to certain interests nearer home. But was that JUSTICE? Was that a ground on which courts of justice will decide cases? I trust not.

There are a few portions of this letter, which I had rather your Honors would read when you are together in consultation, than to read them myself in this place. I will not trust myself to comment upon them as they deserve. I trust that your Honors, in the pursuit of JUSTICE, will read them, as the document will be in your hands, and you will see why I abstain from doing it. Mr. Calderon proceeds to say,

"If, on the other hand, they should be condemned by the incompetent tribunal that has taken upon itself to try them as pirates and assassins, the infliction of capital punishment in this case would not be attended with the salutary effects had in view by the law when it resorts to this painful and terrible alternative, namely, to prevent the commission of similiar [[similar]] offences. In such case, the indemnification I officially ask for the owners would be a very slender compensation; for, if the property remained unimpaired, as it would remain, the satisfaction due to the public would not be accorded." 

And that is a reason why the President of United States

25

was to issue his lettre de cachet, and send these unfortunate individuals to Cuba. I abstain now from reading the subsequent passages.* He concludes by saying,

"In the islands above mentioned the citizens of the United States have always met with a favorable reception and kind treatment. The Spanish Government, for the protection of their property, would immediately accord the extradition of any slaves that might take refute there from the southern states. Being itself exact in the observance of treaties, it claims the more justly the execution of them, and a reciprocal good correspondence, from a nation, the ally and neighbor of Spain, to whom so many proofs have been afforded of the high degree in which her friendship is esteemed."

They will readily yield fugitive slaves! Was this an argument, I ask the honorable Court, to be addressed to the Secretary of State? Is it upon these principles that cases are to be decided? Is it by these considerations that the action of governments is to be determined? Shall these men be given up on the offer of an equivalent? "If you will deliver these Africans to me, for whose

*Mr. Adams' forbearance will hardly be appreciated unless it is known what it was that he omitted to read. That portion of the letter of Mr. Calderon is therefore appended to this note.

"The dread of a repetition of these acts might be expected to take possession of the minds of the people residing in the islands of Cuba and Porto-Rico; and, in lieu of the harmony and good feeling subsisting between them and the citizens of the United States, it would not be surprising, nor would it afford a cause for complaint, if sentiments were awakened of a different nature, and highly prejudicial to the interests of both parties. How can the man who promotes or advocates discord in families expect to be regarded with benevolence? or how can he who acts in such a manner pretend to the title of friend? 

"The undersigned does not apprehend that the fears herein expressed by him will be deemed exaggerated or unfounded.  No one is ignorant of the existence of a considerable number of persons who, prompted by a zeal which it does not belong to him to qualify, are employing all the means which knowledge and wealth can afford for effecting, at any price, the emancipation of the slaves. Many of them, either because they are persuaded of the philanthropy of their designs, or assuming this virtue as a cloak, have no hesitation in repaying the hospitality they receive by the seduction of the slaves of their host, especially if they are skilful [[skillful]] in any trade. 

"Having induced them to abandon their masters, they ship them on board some vessel, where they retain them in a worse state of captivity than before, or send them to the United States to be set at liberty; thus appropriating to themselves the property of another, and deliberately committing a theft, while, perhaps, they be- [[believe]] 
4