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it.  If they are slaves then, it must be by reason of some positive law of Spain existing at the time of their recent importation.  No such law is exhibited.  On the contrary it is proved by the deposition of Dr. Madden, one of the British commissioners resident at Havana, that since the year 1820 there has been no such law in force there either statue or common law.

But we do not rest the case here. We are willing to assume the burthen of proof. On the 14th of May, 1818, the Spanish Government by their minister announced to the Government of the United States that the slave trade was prohibited by Spain; and by express command of the King of Spain, Don Onis communicated to the President of the United States the Treaty with Great Britain of September 23d, 1817, by which the King of Spain, moved partly by motives of humanity, and partly in consideration of 400,000 pounds sterling, paid to him by the British Government for the accomplishment of so desirable an object, engaged that the slave trade should be abolished throughout the dominions of Spain, on the 30th of May, 1820.  By the ordinance of the King of Spain of December, 1817, it is directed that every African imported into any of the colonies of Spain in violation of the treaty, shall be declared free in the first port at which he shall arrive.

By the treaty between Great Britain and Spain of the 28th of June, 1835, which is declared to be made for the purpose of "rendering the means taken for abolishing the inhuman traffic in slaves more effective," and to be in the spirit of the treaty contracted between both powers on the 23d of September, 1817, "the slave trade is again declared on the part of Spain to be henceforward totally and finally abolished, in all parts of the world."  And by the royal ordinance of November 2d, 1838, the Governor and the naval officers having command on the coast of Cuba, are stimulated to greater vigilance to suppress it.

Such then being the laws in force in all the dominions of Spain, and such the conceded fasts in regard to the nativity and recent importation of these Africans, upon what plausible ground can it be claimed by the Government of the United States, that they were slaves in the island of Cuba, and are here to be treated as property, and not as human beings?

The only evidence exhibited to prove them slaves are the papers of the Amistad, giving to Jose Ruiz permission to transport 49 Ladinos belonging to him from Havana to Puerto Principe; and a like permit to Pedro Montez to transport three Ladinos.  For one of the four Africans, claimed by Montez (the boy Ka-le) there is no permit at all.