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At length the Judges came in together, and their countenances looked pale, distressed, and sorrowful. AS soon as they had taken their seats, the Crier opened the Court in the usual form, and the Chief Justice addressed the gentlemen of the bar - "Gentlemen a painful event has occurred - Judge Barbour died suddenly last night - and the Court is therefore adjourned until Monday."

The Crier then made proclamation to that effect, the Judges all rose, and retired again to their private apartment, and the assembly withdrew.

I did not expect an announcement of so overwhelming a Providence in a manner so severely simple and subdued, but it struck me as eminently appropriate for the Supreme Court of this nation. It was in keeping with the strictest proprietary and suitableness. It was sublime.

RESUMPTION OF THE TRIAL
Washington, March 1, 1841.
On the re-opening of the Court, the Attorney General of the United States, H.D. Gilpin, Esq. presented a series of appropriate resolutions in reference to the decease of Judge Barbour, which had been adopted on Friday, at a meeting of the Bar of officers of the court, and which he moved to have entered on the records of the court. The Chief Justice responded in a short address, and concluded with ordering the resolutions to be entered on the records. Mr. Adams then resumed his argument, as follows:-

May it please your Honors,
The melancholy event which has occurred since the argument of this case was begun, and which has suspended for a time the operations of the Court itself, and which I ask permission to say that I give my cordial, and painful concurrence in the sentiments of the Bar of this Court, in behalf of the large number of individuals, who are my unfortunate clients.

I said that my confidence in a favorable result to this trial rested on the ground that I was now speaking before a Court of JUSTICE. And in moving the dismissal of the appeal taken on behalf of the United States, it became my duty, and was my object to show, by investigation of all the correspondence of the Executive in regard to the case, that JUSTICE had not

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been the motive of its proceedings, but that they had been prompted by sympathy with one of the two parties and against the other. In support of this, I must scrutinize, with the utmost severity every part of the proceedings of the Executive Government. And in doing it, I think it proper for me to repeat, that in speaking of the impulse of sympathies, under which the government acted, I do not wish to be understood to speak of that sympathy as being blameable in itself, or as inducing me to feel unfriendly sentiments towards the Head of the Government or the Secretary of State, or any of the Cabinet. I feel no unkind sentiments towards any of these gentlemen. With all of them, I am, in the private relations of life, on terms of intercourse, of the most friendly character. As to our political differences, let them pass for what they are worth, here they are nothing. At the moment of the expiration of this administration, I feel extreme reluctance at the duty of bringing its conduct before the court in this manner, as affecting the claims of my clients to JUSTICE. My learned friend, the Attorney General, knows that I am not voluntary in this work. I here descended to personal solicitation with the Executive, that by the withdrawal of the appeal, I might be spared the necessity of appearing in this cause. I have been of the opinion that the case of my clients was so clear, so just, so righteous, that the Executive would do well to cease its prosecution, and leave the matter as it was decided by the District Court, and allow the appeal to be dismissed. But I did not succeed, and now I cannot do justice to my clients, whose lives and liberties depend on the decisions of this Court - however painful it may be, to my self or others.

In my examination of the first proceedings of the Executive in this case, I did scrutinize and analyze, most minutely and particularly, the four demands first made upon our government by the late Spanish minister, Mr. Calderon, in his letter to the Secretary of State of Sept. 5, 1939. I tested the principles there laid down, both by the laws of nations and by the treaties between the two nations to which he had appealed. And I showed that every one of these demands was inadmissible, and that every principle of law and every article of treaty, he had referred to, was utterly inapplicable. At the close of my argument the other day, I was commenting upon the complaint of the present minister, the Chevelier d'Argaiz, addressed to the Secretary of State on the