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Spanish minister, I have admitted that the principles which may be supposed to govern him might go far to justify the sympathy he has shown for one party exclusively. But I cannot give the same credit for the sympathy shown by our own government. In this letter we meet, for the first time, something that might appear like sympathy for the poor wretches whose liberties and lives were in peril. Here is a desire intimated that they might go to Cuba, for the purpose of having an opportunity to prove in the courts of Spain their right to be free by the laws of Spain. And the President, in the abundance of his kindness, orders Lieutenants Gedney and Meade to be sent along with them, as witnesses in the case, "particularly," the Secretary says, "with regard to the real condition of the negroes," that is, whether they were free or slaves. But what did Lieutenants Gedney and Meade know about that? They could testify to nothing but the circumstances of the capture. And as to the other idea, that these people should have an opportunity to prove their freedom in Cuba, how could that be credited as a motive, when it is apparent that, by sending them back in the capacity of slaves, they would be deprived of all power to give evidence at all in regard to their freedom! I cannot, therefore, give the Executive credit for this sympathy towards the Africans. It was a mere pretence, to blind the public mind with the idea that the Africans were merely sent to Cuba to prove they were not slaves. So far from giving any credit for this sympathy, the letter itself furnishes incontestible evidence of a very different disposition, which I will not qualify in words.

Pursuing the case chronologically, according to the course of the proceedings, I now call the attention of the Court to the opinion of the late Attorney General of the United States, which the Secretary of the State told Mr. Argaiz had been adopted by the Cabinet, and which has been the foundation, to this day, of all the proceedings of the Executive in the case. Before considering this, however, I will advert to the letter of Messrs. Staples and Sedgwick to the President. These gentlemen were counsel for those unfortunate men. There had been reports in circulation, which is by no means surprising, considering the course of the public sympathy, that the President intended to remove these people in Cuba, by force, gubernativamente, by virtue of his Executive authority - that inherent power which I suppose has been discovered, by which the President, at his discretion, can seize

men, and imprison them, and send them beyond seas for trial or punishment by a foreign power.

Hear Messrs. Staples and Sedgwick to the President of the United States.

"New York, September 13, 1839.

"Sir- We have been engaged as counsel of the Africans brought in by the Spanish vessel, the Amistad; and, in that capacity, take the liberty of addressing you this letter.

"These Africans are now under indictment in the circuit court of the second circuit, on a charge of piracy, and their defence [[defense]] to this accusation must be established before that tribunal. But we are given to understand, from authority not to be doubted, that a demand has already been made upon the Federal Government, by the Spanish minister, that these negroes be surrendered to the authorities of his country; and it is on this account that we now address you.

"We are also informed, that these slaves are claimed under the 9th article of the treaty of 1795, between this country and Spain by which all ships and merchandise rescued out of the hands of pirates and robbers on the high seas are to be restored to the true proprietor, upon due and sufficient proof.

"We now apply to you, sir, for the purpose of requesting that no order may be made by the Executive until the facts necessary to authorize its interposition are established by the judicial authority in the ordinary course of justice. We submit that this is the true construction of the treaty; that is it not a mere matter of Executive discretion; but that, before the government enforces the demand of the Spanish claimant, that demand must be substantiated in a court of justice.

"It appears to us manifest that the treaty could never have meant to have submitted conflicting rights of property to mere official discretion; but that it was intended to subject them to the same tribunals which, in all other cases, guard and maintain our civil rights. Reference to the 7th article, in our opinion, will confirm this position.

"It will be recollected that, that if we adopt this as the true construction of the treaty, should any occasion ever arise when our citizens shall claim the same interpretation; and that the rights of our citizens will be subjected to the control of subordinate ministerial