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what authority will this court undertake to do this? What right has Ruiz to claim these men as his property, when they were free, and so far from being in his possession when taken, he was in theirs. If there is no right of visitation and search by the cruisers of one nation over those of another, by what right has this ship been taken from the men who had it in their possession? The captors in this case, are Gedney and Meade, the owners are the Africans. The Attorney says,

"This vessel was not engaged in the slave trade; she was employed lawfully in removing these negroes, as slaves, from one part of the Spanish dominions to another, precisely in the same way that slaves are removed, by sea, from one slave State to another in our own country. I consider the facts as stated, so far as this government is concerned, as establishing a right of ownership to the negroes in question, in the persons in whose behalf the minister of Spain has made a demand upon the government of the U. States."

Now, here I take issue The vessel was engaged in the slave trade. The voyage in the Amistad was a mere continuation of the original voyage in the Tecora. The voyage in its original intention was not accomplished until the slaves had reached their final destination on the plantation. This is the principle universally applicable to coasting vessels. I say further, that the object of Ruiz and Montes was illegal, it was a part of the voyage from Lomboko, and when they fell into the hands of Lieutenant Gedney, they were steering in pursuance of that original voyage. Their object was to get to Porto Principe, and of course the voyage was to them in unlawful one. The object of the Africans was to get to a port in Africa, and their voyage was lawful. And the whole character of the affair was changed by the transactions that took place on board of the ship. The late Attorney, however, comes to the conclusion that the courts of the United States cannot proceed criminally against these people, that the provisions of the Acts of Congress against the slave trade are not applicable to Ruiz and Montes, and so he recurs to the 9th Article of the Treaty of 1795. I have nothing to add to what I have before said respecting the treaty. It can have no possible application in this case.

The late Attorney General now comes to conclusion as to what is to be done -- a conclusion which it is not in my power to

read to the Court without astonishment, that such an opinion should ever have been maintained by an Attorney General of the United States.

"My opinion further is, that the proper mode of executing this article of treaty, in the present case, would be for the President of the United States to issue his order, directed to the Marshal in whose custody the vessel and cargo are, to deliver the same to such persons as may be designated by the Spanish minister to receive them. The reasons which operate in favor of a delivery to the order of the Spanish minister are——

"1. The Owner of the vessel and cargo are not all in this country, and , of course, a delivery cannot be made to them.

'2. This has become a subject of discussion between the two Governments, and, in such a case, the restoration should be made to that agent of the Government who is authorized to make, and through whom the demand is made.

"3. These negroes are charged with an infraction of the Spanish laws; therefore, it is proper that they should be surrendered to the public functionaries of that Government, that if the laws of Spain have been violated, they may not escape punishment.

"4. These negroes deny that they are slaves; if they should be delivered to the claimaints, no opportunity may be afforded for the assertion of their right to freedom. For these reasons, it seems to me that a delivery to the Spanish minister is the only safe course for this Government to pursue."

That is the opinion, which the Secretary of State told the Spanish minister the American Cabinet had adopted! That these MEN, being at that time in judicial custody of the Court of the United States, should be taken out of that custody, under an order of the President, and sent beyond seas by his sole authority! The Cabinet adopted that opinion; why, then, did they not act upon it? Why did no the President send his order to the Marshal to seize these men, and ship them to Cuba, or deliver them to the order of the Spanish Minister? I am ashamed! I am ashamed that such an opinion should ever have been delivered by any public officer of this country, executive or judicial. I am ashamed to stand up before the nations of the earth, with such an opinion recorded as official, and what is worse, as having been adopted by the government:—an opinion sanctioning a particular course of proceeding, unprecedented among civilized countries