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29 fraudulently, from the custom-house officer who granted the permits, and falsely represented the negroes whom they intended to ship, to be Ladinos; or that the custom-house officer, knowing the truth, gave them a false certificate, and was himself a party to the fraud. Which alternative does comity to Spain require us to adopt? To entitle even a foreign judgement to respect as prima facie evidence of a right, it is indispensable to establish "that the Court pronouncing it had a lawful jurisdiction over the cause and the parties. If its jurisdiction fails as to either, it is treated as a nullity, having no obligation, and entitled to no respect, beyond the domestic tribunals. Story's Confl. §539, 546. And fraud will vitiate any judgement, however well founded in point of jurisdiction. See 15 Johns. 145; 3 Coke, 77. In regard to judgements in personam, it is holden by the most approved writers on public law "that no sovereign is bound by the jure gentium, to execute a foreign judgement within his dominions. He is at liberty to examine into the merits of the judgement, and refuse to give effect to it, if, upon such examination, it should appear to be unjust or unfounded." Story's Confl. 500. The jurisdiction of the Court may be inquired into, and its power over the parties and things: and the judgement may be impeached for fraud. Ib. Against a stranger, not domiciled in the country where such judgement is rendered, it is never held to be conclusive when attempted to be executed abroad. 1 Boull. 606; Story's Confl. ub. sup. But in this case there has been no proceeding against these Africans in Havana; no judgement, or any process against them by which they were declared to be slaves; no investigation of any facts whatever in regard to them, to which they can be deemed to have been in any sense, parties. Indeed the permits given to Ruiz and Montez were not in fact given for any such purpose as that for which they are attempted to be used. They were given for Ladinos, whom alone,-of native Africans,-it was lawful to hold or transport as slaves. They were obtained without a description of individuals, for the fraudulent purpose of using them to cover bozals, or newly imported Africans, which these are conceded to be. The permits would answer for any other equal number of Africans, just as well for these. The object of the deceit practised by Ruiz and Montez is apparent from the deposition of Dr. Madden. To effect that object a double fraud became necessary. The custom-house permits were obtained by representing the Africans as Ladinos; while to avoid the danger of British cruisers, by whom they would at once be recognized as bozals,
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