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waiting the determination of the court or courts, against the jurisdiction of which the undersigned had already especially protested."

The Spanish ambassador was not satisfied with the letter, and and yet he received it with pleasure, "because he saw that the Secretary did not refuse to admit his reasons." How is that? The Secretary of State took no measures to repel the improper demand made, or to correct the erroneous idea cherished by the Spanish legation; and this neglect Mr. Argaiz construes as a virtual admission of his "reasons" Why should he not so construe it? Here is also a renewal of the protest, which has uniformly been maintained by the legation, against the right of any court in this country to exercise jurisdiction in the case. And yet this suit is carried on by the Executive, as in pursuance of a demand by the Spanish minister. Mr. Argaiz then refers to two personal conferences which he had with the Secretary, and he is well persuaded that what he had said, together with the indications in his note of October 22, would have been sufficient to convince "one so enlightened and discriminating as the Secretary, of the justice of his claim; that this persuasion has gained strength, from the circumstance that the Secretary of State has made no attempt in his answer to oppose those arguments, but has confined himself to endeavoring to explain the course of civil causes in the courts of this country, in order to show that the government of the United States could not interfere in the manner which her Catholic Majesty's representative requested; it becomes necessary to advance farther arguments, at the risk of being importunate."

And a little farther on, after adverting to the various excuses and palliations which seem to have been presented in these confidential conferences, for not seizing these negroes and sending them to Cuba by the Executive power, in which he says "it is allowed by the whole world" that "petitions or accusations of
slaves against their masters cannot be admitted in a court," he concludes by asking-

"As the incompetence of the courts of the United States, with regard to this matter, is so clearly demonstrated, is there no power in the Federal Government to declare it so, and to interpose its authority to put down the irregularity of these proceedings, which the court is not competent to perform? It seems impossible that there should be no such power; but unfortunately there is none.



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"Her Catholic Majesty's envoy extraordinary and minister plenipotentiary, nevertheless, seeing that his previous protest did not produce the result which he expected, renews it now, declaring this government responsible for the consequences which may grow out of this affair; and he asks the Secretary of State whether or not he possesses sufficient authority and force to carry into fulfilment the treaty of 1795. If he has not, then there can be no treaty binding on the other party."

He thinks it impossible there should not be a power in the Federal Government to put down these proceedings of the courts, but he admits that unfortunately there is no such power, and then asks the Secretary of State if he cannot find a power, somewhere, to take the matter out of the hands of the judiciary altogether. And if not, he shall hold this Government responsible for the consequences, for if it has not power to fulfil the treaty, no treaty is binding on either party.

On the 26th of November, the trial of the case having been postponed by the District Court from November to January, he writes again, that he is under the necessity of renewing his former complaints.

"To the first complaint, made by his predecessor, on the 6th September last, nothing more than an acknowledgment of its receipt was thought necessary, which was made on the 16th of the same month. In the answers which the Secretary was pleased to give to the notes of the undersigned, of the 22d of October, and the 5th of November last, that gentleman did not think proper to combat the arguments advanced. Those which the undersigned now proposes to present will be no less powerful, and he hopes will be such that the Secretary will not be able to deny their justice.

"The undersigned has the honor to ask in what law, act, or statute, does the said court base its right to take cognizance of the present case? There can be no doubt as to the reply: on no law, act, or statute."

Here he denies again that the Court, before which the Secretary of State had made a demand with the averment that it came from the Spanish minister, has any power to take cognizance of the case. He says there is no law, act, or statute for it, and then he goes on:--

"For, if any such existed, it is, or should be, anterior or poste-