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Be restored to his widowed mistress. But as a whole decree was the result of a deception practiced upon the court, and as in that part of it relating to Antonio, are involved principles of the deepest interest to human freedom, and to the liberties of my country, I will only express my most earnest hope, with profound respect for the court, that the portion of its decision will never be adduced as authority for the surrender of any other individual situated as Antonio was on that trial. 

And here I must avail myself of the occasion to state my objections to the admission of the case of the Antelope as an authoritative precedent in this of any other court of the United States-I had almost said for any thing, certainly for the right of the court itself to deliver up to slavery any human individual at the demand of any diplomatic or consular agent of any foreign power. And that I may be enabled to set forth at large, my reasons for resisting the application of that case as precedent or authority for the settlement of any principle now under the consideration of the Court, I must ask the permission of the Court to review the case of the Antelope itself, as it appears on the face of the Reports.

[See the review of the case of the Antelope, at the close of the argument.]

And this declaration of the Spanish minister not only contradicts it, but shows that it was impossible any such demand should have been made. 'For, let it be remembered," he says, "that the Spanish legation demands not slaves but assassins." No despotism could comply with both demands, had they been made, but the Spanish Minister explicitly declares that only one demand was made by the legation, and that not the one affirmed by the Secratary of State-Note property but assassins-not for the benefit of individuals, but to satisfy "public vengeance." There is something follows in the letter about "fanaticism," which I will not read to the Court, for reasons that will be obvious.* Indeed, I do not know

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as I understand it, and it is possible that I have indulged, or may indulge in what, in certain dialects, may be called "fanaticism," myself. The Chevalier proceeds to reason: 

"Thus it appears that a court of one of the States of the con-federacy has assumed the direction of an affair over which it has no jurisdiction; that there can be no law, either anterior or posterior to the treaty, upon which a legal sentence can be based; that this court, by the repeated delays which it orders, contributes to delay the satisfaction demanded by public justice; and that, in consequence, the affair should only be determined by reference to international right, and , therefore, by the exercise of the power of the Government,(gubernativamente;) that, from the delay on this determination have proceeded injuries requiring indemnification, to demand which the undersigned reserves his right for a future occasion. The undersigned may, without indiscretion, declare that this must be the opinion of the cabinet, which, possessing already the necessary and even the indispensable powers =, may immediately act (gubernativamente) in this matter, in virtue of the actual state of the law, and without awaiting the decision of any court. Not to do so may give rise to very complicated explanations with regard to reciprocity in the execution and fulfilment of treaties."

Here it is. "Gubernativamente,: again; that is the idea which was in the mind of the Spanish minister all the while, gubernativamente. That is what he was insisting on, that was the demand which the Secretary of State
never repelled as he ought, by telling Mr. Argaiz that it was not only inadmissible under our form of government, but would be offensive if repeated. But where will the Honors find any thing like a demand for property, under the treaty, and by the decision of a court of the United States? He says, if the Executive does not at once net gubernativamente, and take the case out of the judiciary, and send these people to Cuba, it "may give rise to complicated explanations with regard to reciprocity

[Footnote Bottom of 44&45]
*It is proper to append this part of the letter, that the allusion may be under-stood by the reader, as it doubtless was by the Court.- Reporter.

"very different, however, have been the results; for in the first place the trea-ty of 1795 has not been executed, as the legation of her Catholic Majesty has so-licited; and the public vengeance has not been satisfied; for be it recollected that the legation of Spain does not demand the delivery of slaves, but of assassins. Secondly, great injury has been done to the owners; not the least being the im-prisonment which Don Jose Ruiz is now undergoing, not withstanding the Com-plaints made on the subject, which if not entirely disregarded, have at least not produced the Favorable results which might have been expected; and the dignity of the Spanish nation has thus been offended. With respect to which injuries, the undersigned will, on a proper occasion, use his right; although no indemnification can fully recompense for the evils, physical and moral, which the persecutions and vexations occasioned by fanaticism may cause to an honorable man,"

Transcription Notes:
Formatting of pages may need to be reworked but I tried to make is so it flowed with the most sense