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they were entered in the license of the schooner, by the commandancia of the port, as "passengers for the Government."

It has been said in an official opinion by the late Attorney-General, (Mr. Grundy), that "as this vessel cleared out from one Spanish port to another Spanish port, with papers regularly authenticated by the proper officers at Havana, evidencing that these negroes were slaves, and that the destination of the vessel was to another Spanish port, the Government of the United States would not be authorized to go into an investigation for the purpose of ascertaining whether the facts stated in those papers by the Spanish officers are true or not;" - "that if it were to permit itself to go behind the papers of the schooner Amistad, it would place itself in the embarrassing condition of judging upon Spanish laws, their force, effect, and application to the case under consideration." In support of this opinion a reference is made to the opinion of the Court in the case of Arredondo, 6 Pet. 729, where it is stated to be "an universal principle that where power or jurisdiction is delegated to any public officer or tribunal over a subject matter, and its exercise is confided to his or their discretion, the acts so done are binding and valid as to the subject matter; and individual rights will not be disturbed collaterally for any thing done in the exercise of that discretion within the authority conferred. The only questions which can arise between an individual claiming a right under the acts done, and the public, or any person denying its validity, are power in the officer, and fraud in the party."

The principle thus stated was applicable to the case then before the Court, which related to the validity of a grant made by a public officer; but it does not tend to support the position for which it is cited in the present case. For in the first place there was no jurisdiction over these newly imported Africans, by the laws of Spain, to make them slaves, any more than if they had been white men. The ordinance of the king declared them free: Secondly, there was no intentional exercise of jurisdiction over them for such a purpose by the officer who granted the permits; and 3dly, the permits were fraudulently obtained, and fraudulently used by the parties claiming to take benefit of them. For the purposes for which they are attempted to be applied, the permits are as inoperative as would be a grant from a public officer, fraudulently obtained, where the State had no title to the thing granted, and the officer no authority to issue the grand. See 6 Pet. R. 730; 5 Wheat. 303.

But it is said, we have no right to place ourselves in the position of

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