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There is a complete answer to all these demands of the Spanish legation. "The constitution and laws have secured the judicial power against ALL interference of the Executive authority." That is very true. The laws of the state of New York, of which the constitution and laws of the United States and their treaties with foreign powers form a part, afford to Messrs. Ruiz and Montes all the necessary means for the security of their rights, and therefore "render unnecessary any agency on the part of" the Executive. That is very correct. There is a perfect answer, worthy of an American statesman But is that all? No. The Secretary finds, after all these disclaimers, one Executive power yet in reserve, which may be put forth to take part against poor Africans, and at least afford evidence of the national sympathy. The Secretary says:

"But inasmuch as the imprisonment of those persons connects itself with another occurrence which has been brought under the President's consideration, in consequence of a correspondence between the Spanish legation and this department, instructions (of which a copy is inclosed [[enclosed]]) have been given to the Attorney of the United States for the District of New York to put himself in communication with those gentlemen, to offer them his advice (and his aid, if necessary) as to any measure which it may be proper for them to adopt to procure their release, and such indemnity as may be due to them, under our laws, for their arrest and their detention."

Because the case "connects itself with another occurrence." What is all this? The independence of the judiciary is first firmly and bravely sustained. It is a question of private rights between parties, with which the executive has nothing to do, and the Government of the United States has no power to interpose. And then the President instructs the District Attorney, the law officer of the government, to "put himself in communication" with one of the parties, to throw all the weight and influence of the government on their side, in order to secure a favorable decision for them in the Courts of the state of New York. May it please your Honors, I will not here enter into an inquiry of the effect of this interference of the Executive of the United States with the Courts of a State, or the extent and operation of the principle which would authorize such interference. I really do not know, my imagination cannot present to me the compass of

its effects on the rights of the people of the United States. I again ask the attention of this honorable court to this subject. The letter begins with a declaration of independence of the judiciary of the State of New York, the sufficiency of the laws to secure justice and the incompetency of the Executive to interfere; and yet, because the case "connects itself" with another case in which the Executive has considered itself entitled to act, the whole influence of the Government is brought to bear upon the judicial authorities of the State of New York.

I said the Secretary of State had never to this hour undertaken to contest any one of the actual demands of Mr. Calderon, as preferred in his letter of 5th September. He had suffered both Mr. Calderon and his successor to remain under the impression that if their demands were not complied with, for the kidnapping of these people by the Executive, it was not for the want of a will to do it, or of a disposition to contest the claims put forth in so extraordinary a manner upon our government. Let us now see how Mr. Argaiz himself regarded the conduct of the Secretary. On the 5th of November, he writes again to Mr. Forsyth, acknowledging the receipt of Mr. Forsyth's letter, inclosing the instructions of the Attorney of the United States for the District of New York, "that he should offer to these persons his advice and assistance, if needed, with regard to the most proper means of obtaining their liberty." He says:

"Although this answer did not entirely satisfy the desire expressed by the undersigned in the note of October 22d, to which he was impelled by the sense of his duty, and by the terms of existing treaties, yet he received it with pleasure and with thanks; with pleasure, because he saw that the Secretary of State did not refuse to admit the reasons which the undersigned had the honor to state in that note; and with thanks, because he saw that the sentiments which had urged him to request with warmth a prompt reply, had been kindly interpreted. The undersigned in consequence, went immediately to New York, where he visited, on the 29th ultimo, the Attorney of the United States, with whom he had a long conversation, which left him delighted with the affability and courtesy of Mr. Butler, although he did not have the happiness to remain satisfied as to the principal matter, as that officer of justice declared that he could find no other means of obtaining the liberty of Ruiz (Montes being already free) than by