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the only port in Cuba in which negroes are landed? The reverse is notoriously true. The Commissioner says, 'I have every reason to believe that several of the other ports of Cuba, more particularly the distant city of St. Jago de Cuba, carry on the traffic to a considerable extent.' Indeed, it is stated by Mr. Hardy, the consul at St. Jago, in a letter to Lord Palmerston, of the 18th February, 1837, 'That the Portuguese brig Boca Negra, landed on the 6th inst. at Juragua, a little to windward of this port (St. Jago,)400 Africans of all ages, and subsequently entered this port.' But in order that we may be assuredly within the mark, no claim shall be made on account of these distant ports. Confining ourselves to the Havana, it would seem probable, if it be not demonstrated, that the number for that port, a fortiori, for the whole island, may fairly be estimated at 60,000."

This evidence is important to show what is the real value of this certificate of the Governor General. There is one other proof which I will read to the court, and leave it to your Honors to judge of its bearing, and of the conclusion to which it arrives. It is the statement of the Spanish vice consul, Mr. Vega.
"The following statement was made to me by A.G. Vega, Esq., Spanish consul, as near as I can no recollect, and according to my best knowledge and belief, 10th January, 1840.
W.S. HOLABIRD

"That he is a Spanish subject; that he resided in the Island of Cuba several years; that he knows the laws of that island on the subject of slavery; that there was no law that was considered in force in the Island of Cuba, that prohibited the bringing in African slaves; that the court of mixed commissioners had no jurisdiction except in case of capture on the sea; that newly imported African negroes were constantly brought to the island and after landing were bona fide transferred from one owner to another without and interference by the local authorities or the mixed commission, and were held by the owners and recognized as lawful property; that slavery was recognized in Cuba by all the laws that were considered in force there; that the native language of the slaves was kept up on some plantations for years. That the barracoons are public markets, where all descriptions of slaves are sold and bought; that the papers of the Amistad are genuine, and are in the usual form; that it was not necessary to practice any fraud to obtain

such papers from the proper officers of the government; that none of the papers of the Amistad are signed by Martinez, spoken of by R. R. Madden, in his deposition; that he (Martinez) did not hold the office from whence that paper issued."

This is the statement given to the District Attorney by Mr. Vega, and by him made a part of this case. This Spanish functionary declares positively, that he knows there is no law in force in Cuba against the African slave trade, and that recent Africans are held and sold bona fide as slaves. It is conclusive to prove this fact, that the illegal importation and purchase of Africans is openly practised in Cuba, although it is contrary to the laws of Spain, but those laws are not considered in force, that is, the violation of them is constantly connived at by the authorities.

It may not be universally known, but it is doubtless known to members of this court, that there is a volume of correspondence on this subject, by our consul at Havana, which will be communicated to Congress for publication in a few days, and I can state from my personal knowledge that it confirms every world of Dr. Madden's statements on this point, and will show how much reliance is to be placed on this certificate of the Governor-General.

But I will return the letter of the chevalier d'Argaiz. I have not the honor of knowing this gentleman personally, as I knew his predecessor, but I certainly entertain no feeling of un-kindness towards him. And in examining his correspondence, although it is my duty to show that his demands are utterly inadmissible and unprecedented, yet it must be admitted that his sympathy and partiality for his own countrymen are at least natural; and if his zeal and earnestness are somewhat excessive, they are at least pardonable. There is in this letter, I must say, a simplicity, what the French call bonhommie, which gives me a favorable impression of his character, and I certainly feel the farthest possible from a disposition to pass any censure on him. I repeat that, so far as this sympathy is concerned, if it is not entirely excusable, it is much more reasonable than it is in some others who have not the same interests to defend. He does on to express his pleasure at the assurance received from the Secretary, that "whatever may be the final settlement of the question, it will be in consequence of a decision emanating from the government, and not from any other source;" and he adds, that "he

Transcription Notes:
"a fortiori" (the 'a' should have an accent)