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counsel for the negroes taken on board the schooner Amistad, addressed to the President of the United States; and asking my opinion upon the different legal questions presented by these papers.

"I have given to the subject all the consideration which its importance demands; and now present to you, and through you to the President, the result of my reflections upon the whole subject."

"The following is the statement of facts contained in your communication: The Amistad is a Spanish vessel; was regularly cleared from Havana, a Spanish port in Cuba, to Guanaja, in the neighborhood of Puerto Principe, another Spanish port; that her papers were regular; that the cargo consisted of merchandise and slaves, and was duly manifested as belonging to Don José Ruiz and Don Pedro Montes; that the negroes after being at sea a few days, rose upon the white persons on board; that the captain, his slave, and two seamen, were killed, and the vessel taken possession of by the negroes; that two white Spaniards, after being wounded, were compelled to assist in navigating the vessel, the negroes intending to carry her to the coast of Africa; that the Spaniards contrived, by altering the course of steering at night, to keep her on the coast of the United States; that on seeing land off New-York, they came to the coast, and some of the negroes landed to procure water and provisions; that being om the point of leaving the coast , the Amistad was visited by a boat from Captain Gedney's vessel, and that one of the Spaniards, claiming protection from the officer commanding the boat, the vessel and cargo, and all persons on board, were sent into New London for examination, and such proceedings as the laws of nations and of the United States warranted and required."

Here the court will see he assumes, through the whole argument, that these negroes were slaves. This corresponds with the assumption of the Executive, which Mr. Forsyth, in his letter to the Spanish minister afterwards declared the Government had carried out, that the negroes were slaves, and that the only parties injured were Montes and Ruiz. The late Attorney General says it appears that the "cargo consisted of merchandise and slaves," that the papers were "all regular," that after the capture of the vessel by the negroes, the two white Spaniards "were compelled to assist in navigating the vessel, the negroes intending to carry her to the coast of Africa," but "the Spaniards contrives, by



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altering the course of steering at night, to bring her to the United States." This last is an admission of some importance, as the Court will easily see, in deciding upon the character of the voyage which the vessel was pursuing when taken by Lieutenant Gedney. He proceeds to say:

In the intercourse and transactions between nations, it has been found indispensable that due faith and credit should be given by each to the official acts of the public functionaries of others.  Hence the sentence of prize courts under the laws of nations, or admiralty, and exchequer or other revenue courts, under the municipal law, are considered as conclusive as to the proprietary interest in, and title to, the things in question; nor can the same be examined into in the judicial tribunals of another country.  Nor is this confined to judicial proceedings!  The acts of other officers of a foreign nation, in the discharge of their ordinary duties, are entitled to the like respect.  And the principle seems to be universally admitted, that, whenever power or jurisdiction is delegated to any public officer or tribunal, and its exercise is confided to his or their discretion, the acts done in the exercise of that discretion, and within the authority conferred, are binding as to the subject matter; and this is true, whether the officer or tribunal be legislative, executive, judicial, or special.——Wheaton's Elements of International Law, page 121; 6th Peter's, page 729."

There is the basis of his opinion; that the comity of nations requires, that such a paper, signed by the Governor General of Cuba, is conclusive to all the world as a title of property.  If the life and liberty of men depends on any question arising out of these paper, neither the courts of this country nor of any other can examine the subject, or go behind this paper.  In point of fact, the voyage of the Amistad, for which these papers were given, was but the continuation of the voyage of the slave trader, and marked with the horrible features of the middle passage.  That is the fact in the case, but this government and the courts of this country cannot notice that fact, because they must not go behind that document.  The Executive may send the men to Cuba, to be sold as slaves, to be put to death, to be burnt at the stake, but they must not go behind this document, to inquire into any facts of the case.  That is the essence of the whole argument of the late Attorney-General.  At a subsequent part of my argument I shall examine this document, and I undertake to show