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These permits or passports are in the printed custom-house forms, which are evidently prepared for the purpose of giving a particular description of the individuals for whom they are intended. But in both, the column left for that purpose, remains a blank. Neither of them contains any description of the individuals, except that they are called by certain Spanish names, to which it appears by the marshal's return, these Africans do not answer, and by which they have never been known.

The papers therefore do not make a prima facie case against them. They are neither individually identified, nor do they collectively answer the description of the persons whom Ruiz and Montez were authorized to transport.

The permits were for Ladinos,—a term exclusively applied to Africans long resident in the island,—acclimated, and familiar with the language of the country. As the African slave trade has been prohibited since 1820, it is legally applicable only to Africans who were imported prior to that time, and according to the deposition of Dr. Madden, it is so customarily used, and understood in Havana.

But the Africans of the Amistad are bozals, and not Ladinos:—a fact which is not only proved by the testimony of the witnesses, but is distinctly admitted on the record, in the admission "that they are natives of Africa and recently imported into Cuba."

Such papers, given on the simple application of the party requesting them, and payment of the customary fees—(see the deposition of Dr. Madden)—given without any notice to, or hearing of the Africans who are claimed to be affected by them, could never be conclusive upon the rights of strangers, even if no fraud was proved, and they were actually described in the permits. See 9 Cranch. 126, 142; 1 Peters, C. C. Rep. 74. Indeed such papers are never regarded by foreign tribunals as conclusive upon anybody. 1 Rob. Adm. 212; 6 Wheat. 1; the Isabella.

The claim that they are so, in the present case, is preposterous, and discreditable to the Government of Spain, by whose minister it is urged.

These Africans were not only "recently imported," but Ruiz and Montez knew it, when they obtained their permits for Ladinos. When Ruiz was inquired of, in New London, whether the negroes could speak Spanish? he replied: "No. They are just from Africa." And the same fact must have been equally well known to Montez in regard to the four little children claimed by him.

The inference then is irresistible, either that they concealed the fact,

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