![Transcription Center logo](/themes/custom/tc_theme/assets/image/logo.png)
This transcription has been completed. Contact us with corrections.
26 where they were found, which made them slaves, but it is claimed that by the laws of Cuba they were slaves to Ruiz and Montez, and that those laws are to be here enforced. But before the laws of Cuba, if any such there be, can be applied to affect the personal status of individuals within a foreign jurisdiction, it is very clear that it must be shown that they were domiciled in Cuba. It is admitted and proved in this case that these negroes are natives of Africa, and recently imported into Cuba. Their domicil of origin is consequently the place of their birth in Africa. And the presumption of law is, always, that the domicil of origin, is retained until the change is proved. 1 Burge's Conflict. 34. The burthen of proving the change is cast on him who alledges [[alleges]] it. 5 Vesey, 787. The domicil of origin prevails until the party has not only acquired another, but has manifested and carried into execution, an intention of abandoning his former domicil, and acquiring another, as his sole domicil. As it is the will, or intention of the party which alone determines what is the real place of domicil, which he has chosen, it follows that a former domicil is not abandoned by residence in another, if that residence be not voluntarily chosen. Those who are in exile, or in prison, as they are never presumed to have abandoned all hope of return, retain their former domicil. 1 Burg. 46. That these victims of fraud and piracy,-husbands torn from their wives and families,-children from their parents and kindred,-neither intended to abandon the land of their nativity, nor had lost all hope of recovering it, sufficiently appears from the facts on this record. It cannot surely be claimed that a residence under such circumstances, of these helpless beings for ten days in a slave barracoon before they were transferred to the Amistad, changed their native domicil for that of Cuba. It is not only incumbent on the claimants to prove that the Africans are domiciled in Cuba, and subject to its laws but they must show that some law existed there by which "recently imported Africans" can be lawfully held in slavery. Such a law is not to be presumed, but the contrary. Comity would seem to require of us to presume that a traffic so abhorrent to the feelings of the whole civilized world is not lawful in Cuba. These respondents having been born free, and having been recently imported into Cuba, have a right to be everywhere regarded as free, until some law obligatory on them is produced authorizing their enslavement. Neither the law of nature, nor the law of nations authorizes the slave-trade, although it was holden in the case of the Antelope that the law of nations did not at that time, actually prohibit