E 447 UC-NRLF B 3 35fl QMS LIBRARY UNIVERSITY OF CALIFORNIA DAVIS ARGUMENT OJP JOHN QUINCY ADAMS, BEFORE THE SUPREME COURT OF THE UNITED STATES, IN THE CASE OF THE UNITED STATES, APPELLANTS, vs. CINQUE, AND OTHERS, .AFRICANS, CAPTURED IN THE SCHOONER AMISTAD, BY LIEUT. GEDNEY, DELIVERED ON THE 24th OF FEBRUARY AND 1st OF MARCH, 1841. WITH A REVIEW OF THE CASE OF THE ANTELOPE, REPORTED IN THE 10TH, llTH AND 12TH VOLUMES OP WHEATQN'S REPORTS. NEW YORK: S. W. BENEDICT, 128 FULTON STREET. 1841. LIBRARY .UNIVERSITY OF CALIFORNIA ARGUMENT JOHN QUINCY ADAMS MAY IT PLEASE YOUR HONORS In rising to address this Court as one of its attorneys and coun- sellors, regularly admitted at a great distance of time, I feel that an apology might well be expected where I shall perhaps be more likely to exhibit at once the infirmities of age and the inexperience of youth, than to render those services to the individuals whose lives and liberties are at the disposal of this Court which I would most earnestly desire to render* But as I am unwilling to employ one moment of the time of the Court in anything that regards my own personal situation, I shall reserve what few observations I may think necessary to offer as an apology till the close of my argu ment on the merits of the question. I therefore proceed immediately to say that, in a consideration of this case, I derive, in the distress I feel both for myself and my clients, consolation from two sources first, that the rights of my clients to their lives and liberties have already been defended by my learned friend and colleague in so able and complete a man ner as leaves me scarcely anything to say, and I feel that such full justice has been done to their interests, that any fault or im perfection of mine will merely be attributed to its true cause j and secondly, I derive consolation from the thought that this Court is a Court of JUSTICE. And in saying so very trivial a thing, I should not on any other occasion, perhaps, be warranted in asking the Court to consider what justice is. Justice, as de- fined in the Institutes of Justinian, nearly 2000 years ago, and as it is felt and understood by all who understand human relations and human rights, is " Constans et perpetua voluntas, jus SUUM cuique tribuendi." " The constant and perpetual will to secure to every one HIS OWN right." And in a Court of Justice, where there are two parties present, justice demands that the rights of each party should be allowed to himself, as well as that each party has a right, to be secured and protected by the Court. This observation is important, be cause I appear here on the behalf of thirty-six individuals, the life and liberty of every one of whom depend on the decision of this JCourt. The Court, therefore, I trust, in deciding this case, will form no lumping judgment on these thirty-six individu als, but will act on the consideration that the life and the liberty of every one of them must be determined by its decision for him self alone. They are here, individually, under very different circumstances, and in very different characters. Some are in one predicament, some in another. In some of the proceedings by which they have been brought into the custody and under the protection of this Court, thirty-two or three of them have been charged with the crime of murder. Three or four of them are female children, in capable, in the judgment of our laws, of the crime of murder or piracy, or, perhaps, of any other crime. Yet, from the day when the vessel was taken possession of by one of our naval officers, they have all been held as close prisoners, now for the period of eighteen long months, under custody and by authority of the Courts of the United States. I trust, therefore, that before the ultimate decision of this Court is established, its honorable mem bers will pay due attention to the circumstances and condition of every individual concerned. When I say I derive consolation from the consideration that I stand before a Court of Justice, I am obliged to take this ground, because, as I shall show, another Department of the Government of the United States has taken, with reference to this case, the ground of utter injustice, and these individuals for whom I appear, stand before this Court, awaiting their fate from its decision, un der the array of the whole Executive power of this nation against them, in addition to that of a foreign nation. And here arises a consideration, the most painful of all others, in considering the duty I have to discharge, in which, in supporting the motion to dismiss the appeal, I shall be obliged not only to investigate and submit to the censure of this Court, the form and manner of the proceedings of the Executive in this case, but the validity, and the motive of the reasons assigned for its interference in this unusual manner in a suit between parties for their individual rights. At an early period of my life it was my fortune to witness the representation upon the stage of one of the tragic masterpieces of the great Dramatist of England, or I may rather say of the great Dramatist of the world, and in that scene which exhibits in action the sudden, the instantaneous fall from unbounded power into irretrievable disgrace of Cardinal Wolsey, by the abrupt declaration of displeasure and dismission from the service of his King, made by that monarch in the presence of Lord Surry and of the Lord Chamberlain ; at the moment of Wolsey's humiliation and distress, Surry gives vent to his long suppressed resentments for the insolence and injuries which he had endured from the fall en favorite while in power, and breaks out into insulting and bit ter reproaches, till checked by the Chamberlain, who says: "Oh! my Lords; Press not a falling man too far : 'tis VIRTUE." v The repetition of that single line, in the relative position of the parties, struck me as a moral principle, and made upon my mind an impression which I have carried with me through all the chan ges of my life, and which I trust I shall carry with me to my grave. It is, therefore, peculiarly painful to me, under present circum stances, to be under the necessity of arraigning before this Court and before the civilized world, the course of the existing- Admin- istration in this case. But I must do it. That Government is still in power, and thus, subject to the control of the Court, the lives and liberties of all my clients are in its hands. And if I should pass over the course it has pursued, those who have not had an opportunity to examine the case and perhaps the Court itself, might decide that nothing improper had been done, and that the parties I represent had not been wronged by the course pursued by the Executive. In making this charge, or arraignment, as defen sive of the rights of my clients, I now proceed to an examination of the correspondence of the Secretary of State with the ambassador of her Catholic Majesty, as officially communicated to Congress, and published among the national documents. The charge I make against the present Executive administra tion is that in all their proceedings relating to these unfortunate men, instead of that Justice, which they were bound not less than this honorable Court itself to observe, they have substituted Sympathy I sympathy with one of the parties in this conflict of justice, and Antipathy to the other. Sympathy with the white, antipathy to the black and in proof of this charge I adduce the admission and avowal of the Secretary of State himself. In the letter of Mr. Forsyth to the Spanish Minister d'Argaiz, of 13th of December, 1839, [Document H. R. N. S. 185,] defending the course of the administration against the reproaches utterly ground less, but not the less bitter of the Spanish Envoy, he says : " The undersigned cannot conclude this communication with out calling the attention of the Chevalier d'Argaiz to the fact, that with the single exception of the vexatious detention to which Messrs. Montes and Ruiz have been subjected in consequence of the civil suit instituted against them, all the proceedings in the matter, on the part both the Executive and Judicial branches of the government have had their foundation in the ASSUMPTION that these persons ALONE were the parties aggrieved ; and that their claims to the surrender of the property was founded in fact and injustice. 11 [pp. 29, 30.] At the date of this letter, this statement of Mr. Forsyth was strictly true. All the proceedings of the government, Executive and Judicial, in this case had been founded on the assumption that the two Spanish slave-dealers were the only parties aggrieved that all the right was on their side, and all the wrong on the side of their surviving self-emancipated victims. I ask your honors, was this JUSTICE ? No. It was not so considered by Mr. For syth himself. It was sympathy, and he so calls it, for in the pre ceding page of the same letter referring to the proceedings of this Government from the very first intervention of Lieut. Ged- ney, he says : " Messrs. Ruiz and Montes were first found near the coast of the United States, deprived of their property and of their free dom, suffering from lawless violence in their persons, and in im- minent and constant danger of being deprived of their lives also. They were found in this distressing and perilous situation by offi cers of the United States, who, moved towards them by sympa thetic feeling which subsequently became as it were national, imme- diately|rescued them from personal danger, restored them to free dom, secured their oppressors that they might abide the conse quences of the acts of violence perpetrated upon them, and placed under the safeguard of the laws all the property which they claim ed as their own, to remain in safety until the competent authori ty could examine their title to it, and pronounce upon the ques tion of ownership agreeably to the provisions of the 9th article of the treaty of 1795." This sympathy with SpanislTslave-traders is declared by the Secretary to have been first felt by Lieutenant Gedney. I hope this is not correctly represented. It is imputed to him and declar ed to have become in a manner national. The national sympathy with the slave-traders of the baracoons is officially declared to have been the prime motive of action of the government : And this fact is given as an answer to all the claims, demands and re proaches of the Spanish minister ! I cannot urge the same ob jection to this that was brought against the assertion in the libel that it said the thing which is not too unfortunately it was so, as he said. The sympathy of the Executive government, and as it were of the nation, in favor of the slave-traders, and against these poor, unfortunate, helpless, tongueless, defenceless | Afri cans, was the cause and foundation and motive of all these [pro ceedings, and has brought this case p for trial before your honors. I do not wish to blame the first sympathies of Lieut. Gedney, nor the first action of the District and Circuit Courts. The seiz ure of the vessel, with the arrest and examination of thd Africans, was intended for inquiry, and to lead to an investigation of the rights of all parties. This investigation has ultimated in the de cision of the District Court, confirmed by the Circuit Court, which it is now the demand of the Executive should be reversed by this Court. The District Court has exercised its jurisdiction over the parties in interest, and has found that the right was with the othdr party, that the decisions of JUSTICE were not in ac cordance with the impulses of sympathy, and that consequently the sympathy was wrong before. And consequently it now ap pears that everything which has flowed from this mistaken or mis applied sympathy, was wrong from the beginning. 8 For I inquire by what right, all this sympathy, from Lieut. Ged- ney to the Secretary of State, and from the Secretary of State, as it were, to the nation, was extended to the two Spaniards from Cuba exclusively, and utterly denied to the fifty-two victims of thiir lawless violence \ By what right was it denied to the men who had restored themselves to freedom, and secured their op pressors to abide the consequences of the acts of violence perpe trated by them, and why was it extended to the perpetrators of those acts of violence themselves 1 When the Amistad first came within the territorial jurisdiction of the United States, acts of violence had passed between the two parties, the Spaniards and Africans on board of her, but on which side these acts were law less, on which side were the oppressors, was a question of right and wrong, for the settlement of which, if the government and people of the United States interfered at all, they were bound in duty'to extend their sympathy to them all ; and if they intervened at all between them, the duty incumbent upon this intervention was not of favor, but of impartiality not of sympathy, but of JTJSTICE, dispensing to every individual his own right. Thus the Secretary of State himself declares that the motive for all the proceedings of the government of the United States, until that time, had been governed by sympathetic feeling towards one of the parties, and by the assumption that all the right was on one side and all the wrong on the other. It was the motive of Lieut. Gedney : the same influence had prevailed even in the ju dicial proceedings until then : the very language of the Secretary of State in this letter breathes the same spirit as animating the executive administration, and hag continued to govern all its pro ceedings on this subject to the present day. It is but too true that the same spirit of sympathy and antipathy has nearly per vaded the whole nation, and it is against them that I am in duty bound to call upon this Court to restrain itself in the sacred name Of JUSTICE. One of the Judges who presided in some of the preceding tri als, is said to have called this an anomalous case. It is indeed anomalous, and I know of no law, but one which I am not at liberty to argue before this Court, no law, statute or constitution, no code, no treaty, applicable to the proceedings of the Execu tive or the Judiciary, except that law, (pointing to the copy of the Declaration of Independence, hanging against one of the pillars of the court.room,) that law, two copies of which are ever before the eyes of your Honors. I know of no other law that reaches the case of my clients, but the law of Nature and of Nature's God on which our fathers placed our own national existence. The circumstances are so peculiar, that no code or treaty has provid ed for such a case. That law, in its application to my clients, I trust will be the law on which the case will be decided by this Court. In the sequel to the diplomatic correspondence between the Sec retary of State and the Spanish minister Argaiz, relating to the case of the Amistad, recently communicated by the President of the United States to the Senate, [Doc. 179. 12 Feb. 1841,] the minister refers with great apparent satisfaction to certain resolu tions of the Senate, adopted at the instance of Mr. Calhoun, on the 15th of April, 1840, as follows : 1. " Resolved That a ship or vessel on the high seas, in time of peace, engaged in a lawful voyage, is according to the laws of nations under the exclusive jurisdiction of the state to which her flag belongs as much as if constituting a part of its own domain." 2. " Resolved That if such ship or vessel should be forced, by stress of weather, or other unavoidable cause into the port, and under the jurisdiction of a friendly power, she and her cargo, and persons on board, with their property, and all the rights belong ing to their personal relations,as established by the laws of the state to which they belong, would be placed under the protection which the laws of nations extend to the unfortunate under such circum stances." Without entering into any discussion as to the correctness of these principles, let us admit them to be true to their fullest ex tent, and what is their application to the case of the Amistad 1 If the first of the resolutions declares a sound principle of national law, neither Lieut. Gedney, nor Lieut. Meade, nor any officer of the brig Washington had the shadow of a right even to set foot on board of the Amistad. According to the second resolution, the Africans in possession of the vessel were entitled to all the kindness and good offices due from a humane and Christian nation to the unfortunate ; and if the Spaniards were entitled to the same, it was by the territorial right and jurisdiction of the State of New York and of the Union, only to the extent of liberating their persons from imprisonment. Chevalier d'Argaiz, therefore, totally 10 misapprehends the application of the principles asserted in these resolutions of the Senate, as indeed Mr. Forsyth appears by his answer to this letter of the Chevalier to be fully aware. From the decisiveness with which on this solitary occasion he meets the pretensions of the Spanish Envoy, a fair inference may be drawn that the Secretary himself perceived that the Senatorial resolutions, instead of favoring the cause of Montes and Ruiz, have a bearing point blank against them. The Africans were in possession, and had the presumptive right of ownership ; they were in peace with the United States ; the Courts have decided, and truly, that they were not pirates ; they were on a voyage to their native homes their dulces Jlrgos ; they had acquired the right and so far as their knowledge ex tended they had the power of prosecuting the voyage j the ship was theirs, and being in immediate communication with the shore, was in the territory of the State of New York ; or, if not, at least half the number were actually on the soil of New York, and enti tled to all the provisions of the law of nations, and the protec tion and comfort which the laws of that State secure to every hu man being within its limits. In this situation Lieut. Gedney, without any charge or authority from his government, without warrant of law, by force of fire arms, seizes and disarms them, then being in the peace of that Commonwealth and of the United States, drives them on board the vessel, seizes the vessel and transfers it against the will of its possessors to another State. I ask in the name of justice, by what law was this done 1 Even admitting that it had been a case of actual piracy, which your courts have properly found it was not, there are questions arising here of the deepest interest to the liberties of the people of this Union, and especially of the State of New York. Have the officers of the U. S. Navy a right to seize men by force, on the territory of New York, to fire at them, to overpower tVem, to disarm them, to put them on board of a vessel and carry them by force and against their will to another State, without warrant or form of law 1 I am not arraigning Lieut. Ged. ney, but I ask this Court, in the name of justice, to settle it in their minds, by what law it was done, and how far the principle it embraces is to be carried. The whole of my argument to show that the appeal should be dismissed, is founded on an averment that the proceedings on the 11 part of the United States are all wrongful from the beginning. The first act, of seizing the vessel, and these men, by an officer of the navy, was a wrong. The forcible arrest of these men, or a part of them, on the soil of New York, was a wrong. After the vessel was brought into the jurisdiction of the District Court of Connecticut, the men were first seized and imprisoned under a criminal process for murder and piracy on the high seas. Then they were libelled by Lieut. Gedney, as property, and salvage claimed on them, and under that process were taken into the cus tody of the marshal as property. Then they were claimed by Ruiz and Montes and again taken into custody by the court. The District Attorney of Connecticut wrote to the Secretary of State, September 5th, giving him an account of the matter, stating that " the blacks are indicted for the murder of the captain and mate," and "are now in jail at New Haven ;" that " the next term of our Circuit Court sits on the 17th instant, at which time I suppose," that is in italics in the printed document "I suppose it will be my duty to bring them to trial, unless they are in some other way disposed of." This is the first intimation of the District Attorney; it is easy to understand in what " other way" he wished them disposed of. And he closes by saying " should you have any instructions to give on the subject, 1 should like to receive them as soon as may be." On the 9th of September, he writes again that he has examined the law, which has brought him fully to the conclusion that the Courts of the United States cannot take cognizance of any offence these people may have committed, as it was done on board a ves sel belonging to a foreign state. And then he says, "I would respectfully inquire, sir, whether there are no treaty stipulations with the Government of Spain that would authorize our Government to deliver them up to the Spanish authorities ; and if so, whether it could be done before our court sitsl" This is the second intimation from the District Attorney. We shall find others. Now it appears that the Africans were fully in the custody of the Court, first on the criminal charge, and then on the claim to them as property. The Court was to sit in eight days, the District Attorney is satisfied they cannot be tried, and he is anxious to know whether they cannot be disposed of in some way by the Executive, so that the Courts of the United States may have no chance to decide upon the case. May it please your 12 Honors, I am simply pursuing the chain of evidence in this case, to show the effects of the sympathy in favor of one of the parties and against the other, which the Secretary of State says had be come in a manner "national." The next document is a letter of the Secretary of State to the District Attorney, Sept. 11, 1839 : "SiR : Since the receipt of your letter of the 5th instant, relative to the case of the Spanish schooner i Amistad,' brought into the port of New London on the 26th ultimo, by Lieutenant Gedney, of the surveying brig Washington, a communication has been ad- dressed to this department by the minister of Her Catholic Ma jesty, claiming the vessel, cargo and blacks," [vessel, cargo and blacks, the Court will observe,] " on board, as Spanish property, and demanding its immediate release. Mr. Calderon's application will be immediately transmitted to the President for his decision upon it, with which you will be made acquainted without unnecessary delay. In the mean time you will take care that no proceeding of your Circuit Court, or of any other judicial tribunal, places the ves sel, cargo, or slaves beyond the control of the Federal Execu tive. " I am, sir, your obedient servant, " JOHN FORSYTE." I know not how, in decent language, to speak of this assertion of the Secretary, that the minister of Her Catholic Majesty had claimed the Africans " as Spanish property." In Gulliver's no vels, he is represented as traveling among a nation of beings, who were very rational in many things, although they were not exactly human, and they had a very cool way of using language in reference to deeds that are not laudable. When they wished to characterize a declaration as absolutely contrary to truth, they say the man has " said the thing that is not." It is not possible for me to express the truth respecting this averment of the Secre tary of State, but by declaring that he " has said the thing that is not." This I shall endeavor to prove by showing what the de mand of the Spanish minister was, and that it was a totally differ ent thing from that which was represented. But I wish first to beg your Honors' special attention to some thing else in this remarkable letter of the Secretary of State. He says, " In the mean time, you will take care that no proceed ing of your Circuit Court, or of any other judicial tribunal, places 13 the vessel, cargo, or slaves beyond the control of the Federal Executive." Here is a ministerial officer of the Executive Gov ernment, instructing the District Attorney, before the Judiciary has acted upon the case, to take care that no proceeding of any court places these men beyond reach of the Federal Executive. How was he to do it ? In what manner was an Executive officer to proceed, so that neither the Circuit Court of the United States, nor any state Court, could dispose of the vessel or the men in any manner, beyond the control of the Federal Executive. A farther examination of the correspondence in the conclusion, will show how it was intended to be done. But I now come to inquire what was the real demand of the Spanish minister, and to show what was the duty of the Secretary of State on receiving such a de mand. Here we have the first letter of Mr. Calderon to Mr. Forsyth, The name of this gentleman is illustrious in the annals of Spain, and for himself personally, during his residence in this country, I have entertained the most friendly and respectful sentiments. I have enjoyed frequent interviews with him, and have found him intelligent, amiable, learned, and courteous, I wish therefore to say nothing respecting him that is personally disrespectful or un kind. But it is my duty to comment with the utmost plainness, and what perhaps your Honors will think severity, on his official letter to the American Secretary of State. His letter begins : "Nuw YORK, Sept. 6, 1839. "The undersigned, envoy extraordinary and minister plenipo tentiary of her Catholic Majesty the Queen of Spain, has the honor of calling the attention of the honorable John Forsyth, Secretary of State of the United States, to a recent and very public occur rence of which, no doubt, Mr. Forsyth is already informed, and in consequence of which it is the imperious duty of the undersigned to claim an observance of the law of nations, and of the treaties existing between the United States and Spain. The occurrence alluded to is the capture of the Spanish schooner ' Amistad.' " This vessel sailed from Havana on the 29th of June, bound to Guanaja, in the vicinity of Porto Principe, under the command of her owner, Don Ramon Ferrer, laden with sundry merchandise, and with fifty-three negro slaves on board ; and, previous to her departure, she obtained her clearance (alijo) from the custom 14 house, the necessary permit from the authorities for the transpor tation of the negroes, a passport, and all the other documents re quired by the laws of Spain for navigating a vessel and for prov ing ownership of property ; a circumstance particularly important in the opinion of the undersigned." Here your Honors will observe the same distinction of " mer chandise and negroes," which was made by the District Attorney? showing the universal sense of the difference between merchan dise and persons. He goes on : " During the night of the 30th of said month, or about day break on the following day, the slaves rose upon the crew, and killed the captain, a slave of his, and two sailors sparing only two persons, after ill-treating and wounding them, namely, Don Jose Ruiz and Don Pedro Montes : of whom the former was owner of forty-nine of the slaves, and the latter of the other four. These they retained, that they might navigate the vessel and take her to the coast of Africa. Montes, availing himself of his know ledge of nautical affairs, and under favor of Divine Providence * the favor of Divine Providence !' succeeded in directing the vessel to these shores. He was spoken by various vessels, from the captains of which the negroes bought provisions, but to whom, it seems, he was unable to make known his distress, being closely watched. At length, by good fortune, he reached Long Island, where the * Amistad' was detained by the American brig-of-war 4 Washington,' Captain Gedney, who, on learning the circum stances of the case, secured the negroes, and took them with the vessel to New London, in the state of Connecticut. " The conduct of that commander and his subalterns toward the unfortunate Spaniards has been that which was to be expected from gentlemen, and from officers in the service of an enlightened nation friendly to Spain. That conduct will be appreciated as it deserves by my august sovereign, and by the Spanish government, and will be reciprocated on similar occasions by the Spaniards a people ever grateful for benefits received." [We shall see some proofs of Spanish gratitude, as we proceed in the case.] " The act of humanity thus performed would have been com plete, had the vessel at the same time been set at liberty, and the negroes sent to be tried by the proper tribunal, and by the violat ed laws of the country of which they are subjects. The under signed is willing to believe that such would have been the case r 15 had the general government been able to interpose its authority in the first instance, as it has probably done during the short interval between the occurrence of this affair and the period when the un dersigned received an authentic statement of the facts." This is what the Spanish minister demanded, that the vessel should be set at liberty, and the negroes sent to Cuba to be tried. And he is so confident in the disposition the United States in favor of this demand, that he even presumes the President of the United States had already immediately dispatched an order to the Court in Connecticut, to stay its proceedings and deliver up the negroes to the Government of Spain. What combination of ideas led to that conclusion, in the mind of Mr. Calderon, I am not competent to say. He evidently sup poses the President of the United States to possess what we un derstand by arbitrary power the power to decide cases and to dispose of persons and of property, mero motu, at his own dis cretion, and without the intervention of any court. What led him to this imagination I am unable to say. He goes on to say that the officers of the Washington, in the service of the United States, have presented to that incompetent Court, the U. S. Dis trict Court in Connecticut a petition, claiming salvage : " a claim which, in view of existing treaties, the undersigned conceives can not be allowed in the sense in which it is made." This is that most grateful nation ! The deliverers of these two Spaniards, the representative of a most grateful nation insists, are not deserving of any recompense whatever ! Now, I beg your Honors to see if there is, among all these spe cifications, any one demand that corresponds with that which the Secretary of State avers to have been made. He demands, 1st. That the vessel be immediately delivered up to her owner, together with every article found on board at the time of her cap- ture by the Washington, without any payment being exacted on the score of salvage, or any charges made, other than those spe cified in the treaty of 1795, article 1st. Yet he had already said the captain, and owner, Ferrer, was killed. " 2d. That it be declared that no tribunal in the United States has the right to institute proceedings against, or to impose penal ties upon, the subjects of Spain, for crimes committed on board a Spanish vessel, and in the waters of the Spanish territory." 16 Declared, by whom ? By the President of the United States. Of course, he does not demand that the " incompetent tribunal' 7 in Connecticut, before which the suit was brought, should declare this, but that the President of the United States should issue a proclamation, declaring that no court in this country could hold cognizance of the case. Is there in this a demand that the ne groes should be delivered up as Spanish property 1 It is a direct protest against any judicial tribunal taking cognizance of the case, and that the President should issue a proclamation to prevent any such proceedings whatever. " 3d. That the negroes be conveyed to Havana, or be placed at the disposal of the proper authorities in that "part of Her Majesty's dominions, in order to their being tried by the Spanish laws which they have violated ; and that, in the mean time, they be kept in safe custody, in order to prevent their evasion." In what capacity does he demand that the President of the Unit- ed States should place himself? Is it a demand to deliver up these people as property ? No. Is it that they should deliver them to the minister himself, as the representative of the Spanish govern ment, to be disposed of according to the laws of Spain ? No. It demands of the Chief Magistrate of this nation that he should first turn himself into a jailer, to keep these people safely, and then into a tipstaff to take them away for trial among the slave-traders of the baracoons. Was ever such a demand made upon any government ? He must seize these people and keep them safely, and carry them, at the expense of the United States, to another country to be tried for their lives ! Where in the law of nations is there a warrant for such a demand 1 May it please your Honors If the President of the United States had arbitrary and unqualified power, he could not satisfy these demands. He must keep them as a jailer ; he must then send them beyond seas to be tried for their lives. I will not recur to the Declaration of Independence your Honors have it implanted in your hearts but one of the grievous charges brought against George III. was, that he had made laws for sending men beyond seas for trial. That was one of the most odious of those acts of tyranny which occasioned the American revolution. The whole of the reasoning is not applicable to this case, but I submit to your Honors that, if the President has the power to do it in the case of Africans, and send them beyond seas for trial, he could do 17 it by the same authority in the case of American citizens. By a simple order to the marshal of the district, he could just as well seize forty citizens of the United States, on the demand of a fo reign minister, and send them beyond seas for trial before a foreign court. The Spanish minister farther demands " 4th. That if, in consequence of the intervention of the autho rities of Connecticut, there should be any delay in the desired delivery of the vessel and the slaves, the owners both of the for mer be indemnified for the injury that may accrue to them." Now, how are all these demands to be put together ? First, he demands that the United States shall keep them safely, and send them to Cuba, all in a lump, the children as well as Cinque and Grabbo. Next, he denies the power of our courts to take any cognizance of the case. And finally, that the owners of the slaves shall be indemnified for any injury they may sustain in their pro perty. We see in the whole of this transaction, a confusion of ideas and a contradiction of positions, from confounding together the two capacities in which these people are attempted to be held. One moment they are viewed as merchandise, and the next as persons. ^The Spanish minister, the Secretary of State, and every one who has had anything to do with the case, all have run into these absurdities. These demands are utterly inconsistent. First, they are demanded as persons, as the subjects of Spain, to be de livered up as criminals, to be tried for their lives, and liable to be executed on the gibbet. Then they are demanded as chattels, the same as so many bags of coffee, or bales of cotton, belonging to owners, who have a right to be indemnified for any injury to their property. I now ask if there is, in any one or in all those specifications, that demand which the Secretary of State avers the Spanish Min ister had made, and which is the basis of the whole proceeding in this case on the part of the Executive, The letter of the Secretary, which is the foundation of the whole proceeding of the District Attorney, in making the United States a party, on the ground of a. demand by the Spanish Minister for the delivery of these peopie as property, " says the thing that is not." The letter proceeds: "In support of these claims, the undersigned invokes the law of nations, the stipulations of existing treaties, and those good feelings" [good feelings, indeed, he might well say, where all 3 18 the feelings were in favor of his demand] " so necessary to the maintenance of the friendly relations that subsist between the two countries, and are so interesting to both. " The undersigned would be apprehensive of offending Mr. For- syth by supposing it in the least degree necessary to bring to his recollection his own well-known construction (disposiciones) of the law of nations, in a case analogous to the one under conside ration." This is what the logicians call argumentum ad hominem an ap peal, first to the feelings of the individual, not to his sense of justice. He then brings up to Mr. Forsyth his own construction of the law of nations, as given in another case, which he deems analogous. Perhaps I may be justified in conjecturing to what case he alludes, and I will say that, if he alludes to any case of public notoriety, I shall be able to show, before I close, that there is no analogy to this case. M, Calderon de la Barca then refers to several treaty stipula tions in support of his demand, and particularly the 8th, 9tb, and 10th articles of the treaty of 1795, continued in force by the treaty of i819. " AUT. 8. In case the subjects and inhabitants of either party, with their shipping, whether public and of war, or private and of merchants, be forced, through stress of weather, pursuit of pirates or enemies, or *ny other urgent necessity, for seeking of shelter and harbor, to retreat and enter into any of the rivers, bays, roads, or ports, belonging to the other party, they shall be received and rented with all humanity, and enjoy all favor, protection, and help ; and they shall be permitted to refresh and provide them selves, at reasonable rates, with victuals and all things needful for the subsistence of their persons, or reparation of their ships, and prosecution of their vcyage ; and they shall noways be hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hin drance." This is a provision for vessel with their owners, driven into port by distress. Who was the Spanish owner here with his ship? There was none. I say the Africans were here with their ship. If you say the original owner is refend to, in whose name the ship's register was given, he was dead, ht was not on board, and could not claim the benefit of this article. The vessel either be 19 longed to the Africans, in whose possession it was found, and who certainly had what is everywhere the. first evidence of property, or there was no person to whom this article could apply, and it was not casus fcederis. The truth is, this article was not intended to apply to such a case as this, but to the common case, in regard to which it has doubtless been carried into execution hundreds of times, in meeting the common disasters of maritime life. The Africans, who certainly had the prima facie title to the property, did not bring the vessel into our waters themselves, but were brought here against their will, by the two Spaniards, by stratagem and deception. Now, if this court should consider, as the courts below have done, that the original voyage from Lorn- boko, in Africa, was continued by the Spaniards in the Amistad, and that pursuing that voyage was a violation of the laws of the United States, then the Spaniards are responsible for that offence. The deed begun in Africa was not consummated according to its original intention, until the negroes were landed at their port of final destination in Porto Principe. The clandestine landing in Havana, the unlawful sale in the barracoons, the shipment en board the Amistad, were all parts of the original transact/on. And it was in pursuit of that original unlawful intent that the Spaniards brought the vessel by stratagem into a port of the Unit ed States. Does the treaty apply to such voyages / Suppose the owner had been on board, and his voyage lawful, what does the treaty secure to him 1. Why, that he might repair his ship, and purchase refreshments, and continue his voyage, Ruiz and Mon. tes could not continue the voyage. Bi*, suppose the article applicable, and what were the United States to do ? They must place those on board the ship in the situation they were in when taken, that is, the Africans in possession, with the two Spaniard g as their prisoners, or their slaves, as the case might be j the ne. groes as masters of the ship, to continue their voyage, which on their part was certainly lawful. If any part of the article was applicable to the case it was in favor of the Africans. They ^ere in distress, and were brought into our waters by their enemies, by those who sought, and who are still seeking, to reduce them from freedom to slavery, as a reward for having spared their lives in the fight. If the good offices of the government are to be rendered to the proprietors of shipping in distress, they are due to the Africans only, and the 20 United States are now bound to restore the ship to the Africans, and replace the Spaniards on board as prisoners. But the article is not applicable at all. It is not a casus faderis. The parties to the treaty never could have had any such case in view. The transaction on board of the vessel after leaving Havana entirely changed the circumstances of the parties, and conferred rights on my most unfortunate clients, which cannot but be regarded by this honorable court. Next we have article 9 : "ART. 9. All ships and merchandise, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be taken care of, and restored entire to the true pro prietor, as soon as due and sufficient proof shall be made con cerning the property thereof." Was this ship rescued out of the hands of pirates and robbers 1 Is this Court competent to declare it ? The Courts below have decided that they have no authority to try, criminally, what hap pened on board the vesseL They have then no right to regard those who forcibly took possession of the vessel as pirates and robbers. If the sympathies of Lieutenant Gedney, which the Secretary of Slate says had become national, had been felt for all the parties, in due proportion to their sufferings and their deserts, who were the pirates and robbers ? Were they the Africans 1 When they were broaght from Lomboko, in the Tecora, against the laws of Spain, against the laws of the United States, and against the law of nations, so far as the United States, and Spain, and Great Britain, are concerned, who were the robbers and pi rates 1 And when the saim voyage, in fact, was continued in the Amistad, and the Africans groes, that, * Although he might be stained with crime, yet he should not sigh in vain for Africa ;' and all because his hands were reeking with the blood of murdered white men ! I It is a base outrage (I can use no milder language,) upon all the sympa thies of civilized life." That is the complimentary manner in which the courts of the United States are treated by the brightest intellects of the South, in the Official Journal, and under the immediate supervision of the Executive Administration of the Government. During the present session, a further correspondence between the Secretary of State and the Spanish minister has been commu nicated to Congress. The Spanish minister seems to be ever at tentive to all that is going on, in all the departments of Govern ment, with relation to this case. In a letter dated the 20th of March, 1840, he observes that the Secretary of State had confi* dently asked him to furnish a copy of the existing laws of Cuba relative to negro slavery. What was this for 1 Was the Presi dent of the United States under the impression that before he carried into effect this exercise of despotic power, to seize MEN, by his own warrant, and send them to foreign countries for punish ment by his own order there would be some sort of decency, at least, in having a show of evidence to show that the Spanish law required that they should be delivered up ? The Secretary of State asked Mr. Calderon for evidence in the ease, but he had none to give. He then u confidently" asked Mr. Argaiz for the law of Spain in the case the law, be it remembered, on which the United States were presenting a suit against individuals, sole ly, as they alledge, in pursuance of a demand made by the minis ter of Spain to that effect. What is the reply ? Mr. Argaiz says he cannot communicate the law officially, because he cannot re~ cognize the jurisdiction of the Court over the case. Here is an other point-blank contradiction of the material averment of the claim which the United States Government is prosecuting here that the suit is in pursuance of the demand of Spain now pending against the Government. Mr. Argaiz, therefore, communicates a certain memorandum^ " confidentially." This memorandum be gins, 91 tf Mr. Forsyth was pleased, some time since, to state to the Chevalier de Argaiz, that it would be expedient to obtain a copy of the laws now in force in the island of Cuba relative to slavery The Chevalier de Argaiz therefore immediately requested from the Captain General of that island every thing on the subject, which has been determined since the treaty concluded in 1818, be tween Spain and England." Now, may it please the Court, may I inquire why this demand was limited to laws subsequent to the treaty of 18181 The de cree for abolishing the slave trade was issued in 1817. Why did the Spanish minister limit his request to laws passed after 1818 ? Why was not the decree of 1817 brought forward 1 Was it kept back because he thought, with Mr. Vega, that the laws had been broken so much in Cuba, that they were not in force-? Or did he think the authentication of that Decree might have some injurious effect in the trial here ] Whatever was the reason, it is certain that, to Mr. Forsyth's request for " a copy of the laws now in force in the Island of Cuba relative to slavery," only the laws since 1818 were communicated, and the Decree of 1817, making the slave trade unlawful and its victims free, was kept back. Even the treaty of 1835, which was communicated, "the Chevalier de Argaiz requests maybe returned to him," and consequently -it does not appear among these papers. In another letter, dated April 24th, 1840, the Chevalier de Ar gaiz refers to certain resolutions of the United States Senate, passed the 15th of the same month, commonly called Mr. Cal- houn's resolutions. I showed the other day, that if these princi ples are just, and if they have any application to this case, Lieut. Gedney had no right to seize the vessel at all. The resolution declares that u A ship or vessel on the high seas, in time of peace, engaged in a lawful commerce, is, according to the laws of nations, under the exclusive jurisdiction of the State to which her flag belongs ; as much so as if constituting a part of its own domain ;'" and " if such ship or vessel should be forced, by stress of weather, or other unavoidable cause, into the port and under the jurisdiction of a friendly power, she, and her cargo, and persons on board, with their property, and all the rights belonging to their personal relations as established by the laws of the state to which they be long, would be placed under the penalty which the laws of na tions extend to the unfortunate under such circumstances.** Here it is plain that the vessel was in the hands of the Africans, it was not under the Spanish flag, they were at peace with the United States, their voyage is lawful, the personal relations estab lished among the persons on board were that the Africans were masters and the Spaniards captives, subjects ; perhaps by the laws of Mendi they were slaves. So much for the resolutions, which the Secretary of State says coincide "with principles which the President considers as founded in law and justice," but which does not alter "the determination he found himself obliged to make on the reclamation" made for the Amistad " and the proper ty found on board of her." I will now make a few observations on the passport, or permit, as it has been called, which is relied on as of authority sufficient to bind this Court and Government to deliver up my clients irre vocably as slaves, on a claim of property by Ruiz and Montes.* Here we have what appears to be a blank passport, filled up with forty-nine Spanish names of persons, who are described as ladi- nos, and as being the property of Don Jose Ruiz. Now, this on the face of it is an imposture. It is not a passport, that can be inspected as such by this Court, or by any tribunal. It appears on the face of it to be a passport designed for one person, a man, as there are blanks in the margin, to be filled up with a descrip tion of the person, as to his height, age, complexion, hair, fore- * It is thought best to give a copy of this celebrated passport, as it appears in the Congressional Documents, with the exception that the interpolate word we - gros is omitted, and the portions of the paper which were in writing are printed in italics. It will be seen that the signature of the Captain General, of which so much was made, was printed ! N. HABANA, 26 de Junio, de 1839. Concede licencia a cuerenta y nueva ladinos nombra- dos Antonio, Simon, Lucas Jose, Pedro, Martin, Manuel, Andres, Eduardo, Celedonio, Bartolo, Ramon, Agustin, Evaristo, Casimiro, Melchor, Gabriel, Santorion, Esco- lastico, Pascual, Estanislao, Desiderio, Nicolas, Este- ban, Tomas, Cosme, Luis, Bartolo, Julian, Frederico, Salustiano, Ladislao, Celestino, Epifaneo, Tibureo, Ve. nancio, Felipe, Francisco, Hipolito, Benito, Ysidoro, Vi cente, Dionisio, Apoloneo, Escquiel, Leon, Julio, Hipolito, y Zenon, de la propriedad de Don Jose Ruiz, para que pasen h Puerto Principe por mar, debiendo, presentarse Filiacion. Estatura Edad Color Pele - Frente Cejas - Ojos - Nariz - Boca, fiarba Senales particulars^ con esta al juez territorial respectivo. Derechos dos real es una rubrica.] Commandancia de Matriculas. Pasan en la goleta Amistad 6. la Guanaja> patron Ferrer. Habana, y Junio 27, de 1839. ESPELETA. MARTINEZ. M head, eyebrows, eyes, nose, mouth, beard, and particular marks. This particular description of the person is the very essence of a passport, as it is designed to identify the individual by the con formity of his person to the marks given ; and a passport is no thing, and is good for nothing, if it does not accord with the marks given. The man who presents it must show by this accord ance that he is the person named. Everybody who has ever had occasion to use passports knows this. We are not in the habit of using passports in this country ; you may go through the country from State to State, freely, without any passport to show who and what you are and what is your business. But throughout the continent of Europe, passports are everywhere necessary. At every town you show your passport to a public officer, who in stantly compares your person with the description, and if it cor responds, you proceed, but if the description varies from the reality, you cannot pass. That is the nature of a passport. It says, let the person who bears these marks pass the custom-house, or the guard, as the case may be. And its validity depends on the accuracy of the description. I once had occasion, many years ago, to see the operation of these things in a very remarkable case. I was a passenger in a merchant vessel, bound to the north of Europe. In passing through the Sound, at Elsinore, we were arrested by a British squadron, who brought us to, and sent a lieutenant on board to examine our crew. He ordered all the men to be mustered on deck, and the captain had no alternative but to comply. It was a most mortifying scene to an American. Every American seaman was obliged to show his protection, the same thing at sea as a passport on the land, to secure him from impressment by British cruisers. The officer examined every man carefully, to see whether his person corresponded with the description in his pro tection. He finally found one young man, who was a native of Charlestown, Massachusetts, within ten miles of where I was born ; but his description was not correct, whether through the blunder of the man who wrote it, or because he had taken another man's protection, I do not know, but the officer said he had a good mind to take him, and if I had not been on board, as the bearer of a public commission in the service of the Government, I have no doubt that man would have been taken, and compelled to serve on board a British man of war, solely for the want of correspon- dence of the description with his person. I mention this to show that the value of a passport, according to the rules of those coun. tries where such things are used, depends on the description of the person, and this is all left blank in the paper here presented us as a passport. There is not a particle of description by which even a single individual named could be identified. It is not worth a cent. I do not say it is a forgery, but I say its incompe- tency to answer the purpose of a passport is apparent on the face of it. Who knows, or how is this Court to ascertain, that the persons named in this paper are the same with those taken in the Amistad 1 No court, no tribunal, no officer, would accept such a document as a passport. And will this Court grant its decree in a case affecting both liberty and life on that paper ? It is im possible. I now come to the case of the Antelope, as reported in 10 Wheaton, 66, and I ask particular attention to this case, not only because it brings a show of authority in favor of the delivery up of slaves, but because I feel bound to entreat the Court, whether they find a principle settled by that case or not, to settle the question now upon further and mature consideration. Chief Jus tice Marshall said, expressly, in delivering the opinion of the Court, that, as the Court was divided, " no principle is settled." If there was a principle settled, and that was in favor of deliver ing up persons held as slaves by foreign laws, I ask this Court to re-examine that principle and settle it anew. And if, upon re-ex amination, by what I should deem the greatest misfortune to this country, the Court should be divided in this case, as it was in that, I respectfully ask your Honors to give your separate opin ions, with the reasons. I would not call in question the propriety of the determination of the Court in that day, severally, to with hold their reasons from the public j the state of the matter is now materially altered. It has become a point in which the morals, as well as the liberties of this country, are deeply interested. The public mind acquiesced before, in postponing the discussion, but now it is no longer a time for this course, the question must be met, and judicially decided. THE CASE OF THE ANTELOPE REVIEWED. The case of the Antelope was of so very extraordinary a cha racter, and the decisions of the District, Circuit, and Supreme 96 Courts of the United States, on the principles involved in it, were so variant from and conflicting with one another, that a review of its history will disclose, eminently, the progress of that moral, religiousj and political revolution in the opinions of mankind which has been, from a period coeval with that of North Ameri can Independence, struggling against the corribined powers and dominions of the earth and of darkness for the suppression of the African slave-trade. In the month of December, 1819, at a time when piracy, from her sympathetic and favorite haunts of Chesapeake bay, and of Cuba, was habitually sallying forth against the commerce of the world, but chiefly under the many-colored banners of the newly* emancipated colonies of Spain, transformed into a multitude of self-constituted sovereign and disunited States, capturing wherev er they could be found the trading Vessels of Portugal and of Spain, a privateerj named the Columbia, commanded by a citizen of the United States named Metcalf, came into the port of Balti more under the flag of Venezuela there clandestinely shipped a crew of thirty or forty men, not one of whom had ever owed al legiance to the Republic of Venezuela, and sailed in search of adventure, to pounce upon the defenceless upon any and every ocean for the spoilsi She had scarcely got beyond the territorial jurisdiction of the United States when she changed her name of Columbia for that of Arraganta, hoisted the flag of Artigas, then ruler of the Oriental Republic of La Plata, and proceeded for the slave-coast of Africa a mighty huntress, and her prey was man. There she fell in with sister pirates in abundance first an Ameri can, from Bristol, Rhode Island^ and borrowed twenty-five negro captives from her 5 then sundry ostensible Portuguese vessels, from which she took nearly two hundred 5 and lastly, a Spaniard from Cuba, fitted out some months before by a slave^trading house at the Havana, to catch a yet lawful human cargo from a region south of the equator ; for the trade north of the equator had even then been declared unlawful by Spain. The name of this vessel was, at that time, the Antelope ; and with her and her living mer chandise the Arraganta steered for the coast of Brazil, for a mar ket. There the Arraganta was shipwrecked ; her master, Metcalf, either drowned, or made prisoner with the greater part of his crew ; while the remainder, under the command of John Smith, a citizen of the United States, transhipping themselves and all their 96 surviving African captives into the Antelope, changed her name to that of the General Ramirez, and stood for the southern coast of the United States, and a market. In the month of June, 1820) this vessel, thus freighted, was found hovering on the coast of Florida, with the evident intention of surreptitiously introducing the negroes and effecting the sale of them within the United States. She was there in flagrant vio lation of two classes of their laws those intended to suppress the unlawful interference of our citizens in the civil war then raging between Spain and her South American Colonies contend ing for their independence, and those prohibiting their participa tion in the slave trade, and denouncing it as piracy. She was reported to Captain John Jackson, then cruising on the same coast in the Revenue Cutter Dallas, as a vessel of piratical appearance. He, thereupon, boarded her ; and finding her full of negro slaves, and commanded by John Smith, holding forth at once a privateering commission from Artigas, and a protection as a citizen and. seaman of the United States, he took possession of her, and brought her into the port of Savannah^ in the judicial district of Georgia, for adjudication. Upon this plain and simple statement of facts, can we choose but exclaim, if ever soul of an American citizen was polluted with the blackest and largest participation in the African slave-trade, when the laws of his country had pronounced it piracy, punisha ble with death, it was that of this same John Smith. He had re nounced and violated those rights, by taking a commission from Artigas to plunder the merchants and mariners of nations in friendship with his own ; and yet he claimed the protection of that same country which he had abandoned and betrayed. Why was he not indicted upon the act of 15th May, 1820, so recently enacted before the commission of his last and most atrocious crime 1 And can we choose but further exclaim if ever hapless Afri can, kidnapped into slavery by one gang of ruffians, and then stolen by another, and by them attempted to be smuggled into our country as slaves, and by a fortunate casualty brought within our jurisdiction and the beneficent operation of our emancipating laws, was entitled to the blessing of freedom, and the right of being transported under our national protection to his native land, so was every individual African found by Captain Jackson on 97 board of the Antelope, and brought within the jurisdiction of this Federal Union. Why were they not instantly liberated and sent home to Africa by the act of March 3d, 1819. Alas ! far other- wise was, in the judicial district of Georgia, the disposal of this pirate, robber, and traitor to his country ! Instead of being in dicted for all or any one of his many violations of the laws of the United States, of nations, and of humanity, he was not only suffer ed to go at large, entirely unmolested, but was permitted to file his claim, before the District Court of the United States in Geor gia, for the restitution to him of the Antelope and all her living cargo, as captured jure belli, by virtue of his commission from Artigas. This claim was, indeed, dismissed, with costs, by the judge of the District Court, William Davis. Smith appealed from that decision to the Circuit Court, the presiding judge of which, William Johnson, confirmed the decision of the District Court, and spoke with suitable severity, not of the wickedness, but of the absurdity of Smith's pretension. And here, and in freely commenting hereafter upon the opinions and decisions upon this case, of these two judges, William Davis and William Johnson, both long since deceased, truth and justice require the remark, with all the respect due to their memories as upright judges and honorable men, that they were both holders of slaves, adjudicat ing in a State where slavery is the law of the land. If this cir cumstance may account for the fact, that the ministers of national justice in Georgia slumbered over the manifold transgressions of John Smith, for which he never was prosecuted, it will account no less for that division of opinion in the Supreme tribunal of the Union, which veiled from public examination and scrutiny the reasons of each judge for his own opinion, because, as the Chief Justice declared, NO PRINCIPLE WAS SETTLED. John Smith did not venture to appeal from the decisions of the District and Circuit Courts against his claim to the Supreme Court of the United States. His plunder slipped from his hands ; but his treachery to his country for a commission from Artigas, his buccanier and slave-trade piracies, though not even undivulged crimes, yet re mained un whipped of justice. On the 27th of July, 1820, Captain John Jackson, in behalf of himself, and of the officers and crew of the Revenue Cutter Dal las, filed in the District Court a libel against the Antelope, or Gen eral Ramirez, for forfeiture, under the act of Congress of 20th 13 98 April, 1818, prohibiting American citizens from engaging in the African slave-trade. At the same Court, Charles Mulvey, vice-consul of Spain, and Francis Sorell, vice-consul of Portugal, at Savannah, filed each a libel for restitution, the former of 150, the latter of 130 African negroes, composing the cargo of the Antelope. To these two libels Richard Habersham, district attorney of the United States, interposed in their name a claim to the freedom of all the negroes, on the ground that some American citizen was interested or en gaged in their transportation from Africa. The Spanish vice-consul claimed the vessel and all the negroes in behalf of the original fitters out of the Antelope, for the slave- trading voyage, at the Havana. And Captain Jackson claimed salvage for all the negroes who might be adjudged to the Spanish and Portuguese vice-consuls ; and twenty-five dollars a head for all those who might be declared free, according to the act of Congress. The judge of the District Court, after rejecting the claim of John Smith, on the ground of the illegality of the fitting out of the Columbia, or Arraganta, at Baltimore, and thereby settling the principle, that no capture made by that vessel could be legal, seems to have forgotten, or overlooked, the violation by the same John Smith of the laws of the United States for the suppression of the slave-trade ; at least, so far as concerned all the negroes on board the Antelope, excepting only a small remnant of twenty- five, which had been taken from the American slave-trader, the Exchange, from Bristol, Rhode Island. John Smith had made no attempt to smuggle these into the United States separate from the rest. His attempt had been to smuggle them all in. Why, then, should those taken from the American vessel alone be de clared free, and those taken from the Spaniards and Portuguese doomed to perpetual slavery 1 The judge hunted up sundry old decisions in the Supreme Court of the United States, and, finally, the case of the Josafa et Segun- da, 5 Wheaton, 338, for a principle " that, upon a piratical or ille gal capture, the property of the original owners cannot be for feited for the misconduct of the captors in violating the municipal laws of the country where the vessel seized by them is carried." The application of which principle to the rights of the respective parties in the case of the Antelope was, that the property of the 99 Spanish owners of the Antelope could not be forfeited by the mis conduct of John Smith in capturing it, in violation of the laws of the United States, by virtue of a commission from Artigas. Thus far the principle was correctly applied j but to that other miscon duct of John Smith, the attempt to smuggle these negroes into the United States, by which they became forfeited, and made free by the law, whoever might have been their owner ; to that mis conduct, the precedent of the Josafa et Segunda had no applica tion whatever, and it was altogether overlooked in the decision of the district judge, although he decreed freedom to the chance chosen survivors of the twenty-five negroes of the very same cargo, taken from the American vessel, though forfeited and lib erated by the very same attempt of John Smith to smuggle them into the United States for sale. It was perfectly immaterial to the question of forfeiture and liberation to whom all or any of the negroes had originally belonged. It was the attempt to smug gle them which induced their forfeiture by the rigor, and their consequent liberation by the beneficence, of the law. But having once introduced this entirely extraneous question, to whom the negroes on board the Antelope, when captured by Captain Jackson, had originally belonged, the District Judge pro ceeded, upon such evidence as he deemed sufficient, to decide, that those captured in her by the Arraganta, were the property of Spaniards, and without one title of evidence, to infer, that all the negroes taken from vessels under Portuguese colors, had been the property of Portuguese subjects, unknown ; and upon these conclusions and assumptions, to adjudge all the negroes, save the scanty surviving remnant of twenty-five taken from the Exchange of Rhode Island, to the Spanish and Portuguese Vice Consuls. A.t this distance of time, who can read such an adjudication of an American judge, without amazement. The claim of C. Mulvey [Spanish Vice Consul] was therefore sustained to the Antelope, and to as many of the negroes, as should appear to be remaining of those found on board of her at the time of her capture by the Arraganta. The libel of F. Sorrell, the Portuguese Vice Consul, was sus tained against so many of the slaves as should appear to remain of those taken by the Arraganta from Portuguese vessels. And it was further ordered with assent of parties, (that is, of these two parties the Spanish and Portuguese Vice Consuls, and 100 well they might assent!) that the claim of John Jackson to sal vage, should be sustained as regarded the negroes claimed by and adjudged to them and as regarded those adjudged to the United States, to an allowance of twenty five dollars for each according the Act of Congress of 3d March, 1819. This decree was pronounced on the 21st of February 1821 and the clerk of the court was directed on or before the 26th day of the same month to report to the court the number of Spanish and Portuguese negroes in the hands of the marshal, distinguish ing the negroes respectively belonging to each. He was also re quired to designate the very small number adjudged to the Unit ed States, that is, to the blessed enjoyment of themselves and their own liberty ; and associating with himself two resident merchants, was at the same time to report the quantum or proportion of salvage to be allowed to Captain Jackson for the negroes thus reputably and substantially sold by the judicial authority of the United States to the Spanish and Portuguese Vice Consuls. This unblushing bargain and sale of human captives, entitled at least by the intention of the United States laws to their free- dom, was the first incident which brought to a pause the legal standard of morality of a Connecticut District Judge of the Unit ed States in the case of the Amistad captives. An estimate in dol lars and cents of the value at New Haven, of from two to three hundred living men and women, for the purpose of allowing sal vage upon them as merchandise, was too much for the nerves of a Yankee judge. The authority of the case of the Antelope was in this particular no precedent for him. The very proposal shock ed his moral sense, and he instantly decided that men and women were not articles for a price current in the markets overt of Con necticut. In the markets of Savannah, nothing was more simple. The clerk of the District Court, with his two associated resident mer chants, in obedience to the order of the judge appraized the ne groes taken from the Spanish and Portuguese vessels at three hundred dollars per head, making the aggregate of sixty-one thou sand five hundred dollars [for 205 souls] ; and they were of opi nion that there should be an allowance of one fourth of said sum to Captain Jackson, his officers and crew, for salvage on the said negroes. Seventy-five dollars per head 1 Fifteen thousand three hundred 101 and seventy-five dollars for two hundred anil five men and women ! What a revolution in the relative value of slaves and of freemen, since the age of Homer ! In the estimate of that Prince of Gre cian Poets. . Jove fix'd it certain that whatever day Makes man a slave, takes half his worth away and in the political statistics of the author of the Declaration of Independence the degradation of the character of man, by the in- fliction upon him of slavery is far greater than is asserted by the blind old rhapsodist of Smyrna. But here we have an inverted proportion of relative value, and Captain Jackson, by the decree of a Judicial Court of the United States receives twenty-five dol lars a head for redeeming one parcel of Africans from slavery to freedom, while at the same time he was to receive seventy-five dollars a head for reducing by the same act two other parcels of the same company from freedom to slavery ! Nor was the manner in which the clerk of the District Court executed the order to report the relative numbers of the three classes of the captured Africans, the least extraordinary part of these proceedings. He reported that two hundred and fifty-eight negroes had been delivered by Captain John Jackson, Commander of the Revenue Cutter Dallas, on the 25th of July, 1820, to the marshal of Geor gia, from on board the General Ramirez [the Antelope.] That of that number forty-four had died in the space of seven months one was missing and one discharged by order of court, and that the marshal returned two hundred and twelve negroes which re mained to be apportioned. What had become of the missing one neither the clerk nor the judge seems to have thought it worth his while to inquire- why should they 1 it was but one man and that man a negro ! no fur ther trace of him appears upon the record. Neither was it thought necessary to record the reason of the favor bestowed by the court upon one other man in ordering his discharge. The very nature of the order is its own justification. But mark the mortality of the negroes ! out of 258, four deaths in the space of seven months ! and that, not while crammed be tween the decks of a slaver in the middle passage, but on the soil of the American Union, in the mild and healthy climate of GeOT- gia in the custody of an officer commissioned by the President 102 of the United States, and under the protection of their judicial magistracy. In the case of the Amistad, the mortality ceased, as as soon as the captives were admitted to the privilege of breath' ing in the atmosphere of freedom. But if the death of one man in six, in the space of seven months, is deeply distressing to the sympathies of our nature, what shall we say to a mortality of eighteen out of twenty.five, which the clerk reported as the proportion of deaths among the negroes taken from the American vessel, the Exchange, and who were by the final decree of the judge to be liberated 1 The clerk in his report denominates them American negroes, and he reduces their number to SEVEN. Seven African captives out of two hundred and fifty-eight, was the number to whom the benignity of the laws of the American Union enacted for the suppression of the African slave trade, and expounded by the District Court of the United States in Georgia, would have extended the inestimable blessings of freedom and restoration to their country ! The clerk had been required to report the number of Spanish, Portuguese, and American negroes distinguishing those respect ively belonging to each of these classes. He could obtain no evi dence worth a straw upon which to found his report, the negroes were all huddled together in one crowd John Smith, the pirate, was the only witness who could tell him which were the negroes taken out of the American vessel, and he told him that sixteen out of the twenty-five had died, before the capture of the Antelope by Capt. Jackson. The clerk reported accordingly, and added two to the number of deaths, as the average loss since the 25th of July 5 that is, since they had been in the custody of the marshal. It further appears from his report that the whole number cap tured by the Arraganta had been 331, of which 213 were Por tuguese, 93 Spanish, and 25 American. That of the whole num ber 119 had died, but in what proportions from the general classes he could not ascertain. John Smith testified that sixteen of the 25 American negroes had died before the Antelope was taken by Captain Jackson, and the clerk guessed that two more had died since, because that was the average loss of 9 to 44 out of 258. But neither John Smith nor any one else could point out the in dividual survivors of each separate class, and the clerk therefore reported that there had been captured by the Arraganta 213 Por tuguese negroes,of which the average loss was 71 j 93 Spanish ne- 103 groes of which the average loss was 3fy and 25 American negroes, of whom the deaths attested by John Smith were 16, and the subsequent average loss 2, leaving as before stated 212 to be ap portioned that is, 142 to the Portuguese Vice Consul, 63 to the Spanish Vice Consul, and 7 to the United States, to be sent home to Africa j freemen by the mandate of our laws. That the whole 212 were entitled to the benefit of the same laws, I cannot possibly doubt but such was not the decision of the District Judge. Exceptions were taken to the report of the clerk, by the District Attorney of the United States, Richard W. Habersham, and by Spanish Vice Consul Mulvey. The Dis trict Attorney still claiming the freedom of all the negroes, and objecting to the allowance of 75 dollars a head to Captain Jack son for salvage, though not to the allowance of 25 dollars a head for their liberation. The Spanish Vice Consul insisting that the number of slaves allowed to the Spanish claimants was too few and not supported by any testimony in the case and that the al lowance to Captain Jackson for salvage was too high, and ought to be regulated by the act of Congress in relation to the compen sation given in case the said slaves had been decreed to be deliver ed to the United States. The Judge confirmed the report of the Clerk in all its parts ; and the District Attorney, in behalf of the United States, and the Spanish Vice Consul, in behalf of the Spanish claimants, appealed to the Circuit Court, then next to be held at Milledgeville on the 8th day of May, 1821. In these decisions of the District Court, is it possible to avert one's eyes from the glaring light of an over-ruling propensity to narrow down, if not wholly to nullify, the laws of the United States for the suppression of the African slave trade 1 To sustain the claim of the Spanish Vice Consul, the irrelevant question to whom the Antelope had originally belonged, was introduced ; and upon that was engrafted the deeply controverted question, whether the African slave trade was or was not contrary to the law of nations. To redeem from forfeiture the Antelope and the negroes captured in her by the Arraganta, the judge resorted to an argument of counsel in the recently reported case of the Josefa Segundas, (Wheaton, 338,) where it was said, that as piracy can neither di vest nor convey property, a pirate cannot, by a subsequent viola tion of the laws of his own country, forfeit the property of which 104 he has acquired possession by preceding piracy. This seems equivalent to a principle that a second act of piracy protects the pirate from punishment for the first. However conformable this maxim may be to the legal standard of morality, the Supreme Court did not so decide in the case of the Josefa Segunda. They decided, that the capture of a Spanish vessel and negroes by a privateer, with a commission from Arismendi, under the Republic of Venezuela, was not piracy ; and that the Josefa Segunda, a Span ish vessel, and her cargo of negroes, captured by authority of such a commission, were forfeited by a subsequent attempt of the cap tors to smuggle them into the United States, though taken from the Spanish owners only by the Venezuelan commission from Arismendi. Now the Columbia had entered Baltimore, and there enlisted her crew under those identical colors of Venezuela, and ? no doubt, with a commission from the same Arismendi. When metamorphosed into the Arraganta, she took the Antelope and her negroes, by a commission from Jlrtigas, quite as efficient to legi timate a prize as that of Arismendi ; and John Smith, when cap. tured with the Antelope and her negroes, by Captain Jackson, pro duced this commission from Artigas as his warrant for his posses, sion of the vessel and the slaves. As between the Arraganta and the Antelope, therefore, the capture of the latter by a commission from Artigas was not piratical but belligerent, it did divest the Spanish owners of the property and vest it in the captors, at least sufficiently to make it forfeitable by their subsequent attempt to smuggle it into the United States ; and the decision of the Su preme Court, in the case of the Josefa Segunda, instead of sustain ing that of the District Judge, in the case of the Antelope, is an authority point blank against it. For the allotment of 142 of the negroes to the Portuguese Vice Consul, there was not even the apology of a Portuguese claimant, other than the Vice Consul himself, to the property. There was not a shadow of evidence that they were the property of Portu guese subjects, and none were ever found to claim them. He took the testimony of the capturing crew, that some of them were taken from vessels under Portuguese colors ; and as he had no evidence that Portugal had then prohibited the slave trade, he took it for granted that the negroes were all slaves, and, as such, he decreed that they should be delivered to the Vice Consul. With regard to the question, whether Slavery was or was not 105 contrary to the laws of nations, his decision was such as might be expected from a judge, himself a holder of slaves, in a land where slavery has the sanction of law. The question, as I have endea vored to show, did not belong to the case. " But it is contended,*' (says the District judge) her was still to be reduced by the rateable loss, which the clerk of the District Court had reported to be 30. And all the rest, by the decree of the Supreme Court, were to be liberated. If, then> the Africans to be delivered to the Spanish Vice Consul had been drawn from the whole number by lot, he would have received 63 $ but the Supreme Court having, upon this second appeal, decreed that the Spanish claimant must identify by proof of having been taken by the Arraganta, in the Antelope, every individual, to be delivered up to him, explicitly rejected, for the second time, the lot, as a mode of ascertaining freemen among slaves, and actually diminished the number of victims delivered up to the Spaniard, from 63 to 39. And this was the number finally delivered up by the decree of the Supreme Court of the United States of the cap tives of the Antelope to the Spanish Vice Consul. But this was not the last decision of the Supreme Court in the case. It was remanded to the Circuit Court, with directions to make a final disposition of the controversy between the parties pursuant to the principles of the decrees of 18'25 and 1826. And now came up the question, to use a vulgar but significant phrase, Who should pay the piper \ " The Circuit Court, [says the Report, 12 Wheaton, 547,] in order to enable it to decree finally in the case, directed the regis ter to take and report an account of the costs, and also of the ex penses of keeping, maintaining, &c. of the Africans, by the mar shal, and which account (amounting to upwards of thirty-six thou sand dollars) was accordingly reported. Exceptions were filed to the report by both the Portuguese and Spanish claimants. The Circuit Court also caused proofs to be taken, for the purpose of identifying individually the Africans to be delivered to the Span ish claimants, as directed by the decree of 1826. Thus circumstanced, the case came on for final hearing before the Circuit Court. The Court decreed that the Portuguese claimant should not be made liable for costs, or any proportion of the ex penses and charges of the marshal, for maintaining, &c. the Afri cans : and being of opinion that 39 of the Africans were sufficient ly identified, by proof, as being the property of the Spanish claim ants, directed the 39 Africans, so identified, to be delivered to the Spanish claimants, upon their paying a proportion of the costs and expenses reported by the registrar, in the ratio of the number 129 of Africans delivered to the whole number. And the Circuit Court was further of opinion, that the residue of the Africans not direct ed to be- delivered to the Spanish claimants should be delivered to the United States, to be disposed of according to law : but on the question, whether^they shall be delivered absolutely, or on condition of payment of the balance of the expenses which will remain un satisfied, after charging the Africans adjudged to the Spanish claimants in their due ratio, the judges of the Circuit Court being divided in opinion, ordered this difference of opinion to be <4 cer tified to this Court." The United States District Attorney appealed from so much of this final order of the Circuit Court as related to the apportion ment among the several parties of the costs and expenses in the preservation, maintenance, and custody of the said Africans, and of the costs and expenses of the various proceedings had in rela tion to the said Africans ; and also from so much of said order as decreed 39 of the said Africans to the Spanish claimants. So extraordinary, so anti-judicial is everything upon the records in this case of the Antelope, that the Supreme Court actually did not know what was the question upon which the judges of the Cir cuit Court were opposed in opinion they supposed it was, whether the Africans not directed to be delivered to the Spanish claimants should be delivered by the marshal to the United States, absolute ly and unconditionally, to be disposed of according to law, that is, to be liberated and sent home; or whether it should be imposed on the United States, as a condition precedent to their delivery, that the United States should pay to the marshal his claim for expenses, at the rate of sixteen cents a day for each African, (for several years) in the ratio of the number to be delivered to the United States. > This, it will be perceived, was still the question of freedom or slavery to the poor Africans. If the decree had been, that the payment of these expenses, amounting to about 350 dollars a head? was a condition precedent to their delivery to the United States, in the event of nonpayment, the marshal had a lien upon the Afri cans, and they would have been his slaves. The mode of proof admitted by the Circuit Court to identify the individuals to be doomed to slavery and delivery to the Spanish claimants cannot commend itself to the sense of justice, of human ity, or of freedom. Fifty of them, employed upon the fortifications, 17 130 had been selected by the marshal, and recognised by a man named Grondona, who had been second officer on board the Antelope when the slaves were purchased and shipped in Africa. Grondona had since disappeared, and was said to be dead ; but there were witnesses in Court who had been present at the examination when Grondona recognized thirty-four of the negroes and they him, by speaking together, and by signs, though the witnesses knew no thing of the language in which they spoke. Other witnesses tes tified to his having recognized five more. The Africans had no notice that their fate, as freemen or slaves, was to depend on this recognition. They had no one to defend them, and protest for them, against the manner of disposing of their freedom. The ex amination was in open court, but the only evidence furnished was testimony to individuals whom Grondona had recognized and who had recognized him. Hearsay evidence of one whose language the witnesses did not understand ! Yet the Supreme Court thought this evidence sufficient, under the very peculiar circumstances of this case, reasonably to satisfy the mind of the identity of thirty-nine of the Africans, as belonging to the Spanish claimants, and affirmed the decree of the Circuit Court for their delivery up to the Spanish Vice Consul. Under the very peculiar circumstances of the case, in order to en slave 39 human beings, otherwise entitled to freedom, evidence was deemed sufficient, which, upon an ordinary question of pro perty, of five dollars value, between man and man, would have been rejected as inadmissible. The very peculiar circumstances of the case are quite as strongly marked, in the opinion of the judge of the Circuit Court, in De cember, 1826, as they had been in his preceding opinion, delivered in 1821. In apologizing for the enormous amount of the marshal's bill, allowed by the court, which he is aware must expose the court, and the administration of justice in the country, to certain imputations, he says> " What c6uld the court do 1 The United States regard the subjects of this suit as men and not things. They could not be sold, and the money lodged in the registry. They were then prisoners, and necessarily to be kept and treated as such." Had he judge allowed his reason to advance one step further, he would have seen, that precisely because they were men and not things, precisely because they could not be sold, pre cisely because they must be kept and treated, if at all, as prison- ?! 131 ers, they could not be restored entire as merchandize, nor, there fore, come within the purview of the 9th article of our treaty with Spain. " The next question," says the judge of the Circuit Court, " is, by whom these costs are to be paid 1 That the maintenance of the Africans was a legal charge on the United States, in the first instance, is perfectly clear. By the act of February 28, 1799, in forcing them into the hands of the marshal, the United States be came bound for their subsistence." The judge of the Circuit Court further affirms, that the Supreme Court, by its decree of 1825, and explanatory decree of 1826, es tablished seven principles ; the first of which, in his enumeration, is " That the law of nations recognized both slavery and the slave- trade." But Chief Justice Marshall, in delivering the opinion and pro nouncing the decree of the Supreme Court in 1825, declared that, on the question of the restitution to the Spanish claimant, which depended entirely upon the recognition of the slave-trade by the law of nations, " the Cotirt is divided on it, and, consequently, NO PRINCIPLE IS SETTLED." The judge of the Circuit Court was, therefore, in manifest error when he said that the Supreme Court had, by the decrees of 1825 and 1826, established the principle, that the law of nations recog nized both slavery and the slave-trade. And this mistake discloses the source of that great perplexity, which troubles him, to find a consistency between the principle which he erroneously supposes them to have established, and their decree for carrying it into execution. It is not our business to inquire into the reasons of that Court. " We must give effect to it according to what we understand to be its meaning. And, upon collating and combin ing their decree of 1825 with the explanatory decree of 1826, the two will be found to amount to this that the rights of the Span iards shall be recognized 5 but, in reducing that right to possession, they shall be held to have established a claim originally to ninety- three, which number shall be reduced by the average of deaths ; and to the number so ascertained, they shall be held to produce proof of individual identity. But all the cargo, with the excep. tion of those to be thus identified, shall be delivered over to the United States. This will be doing what that Court certainly in- 132 tended to do : it will make a final disposition of a most trouble some charge. It is our duty (says he) to find out the meaning of the decree of the Supreme Court, and to obey it. And here it is evident, that although their reasoning, and the principles recog nized, would seem to go fully up to the maintenance of the Span ish right, yet the decree, in its details, sustains those rights under very important limits and modifications." And such is the history of the case of the Antelope in the judi cial tribunals of the United States. That vessel, commanded by a citizen of the United States, was taken in the very act of smug gling 258 Africans into the United States for sale as slaves, and by the plain, unquestionable letter of the 4th section of an act of Congress of 20th April, 1818, was forfeited; while, by an act in addition to the acts prohibiting the slave-trade, of 3d March, 1819, every African thus imported in the Antelope was made free, subject only to safe keeping, support, and removal beyond the limits of the United States, by direction of their President. After seven years of litigation in the Courts of the United States, and, of course, of captivity to nearly all of these Africans who survived the operation ; after decrees of the District Court, reversed by the Circuit Court, and three successive annual rever sals by the Supreme Court of the decrees of the Circuit Court ; what was the result of this most troublesome, charge ? The vessel was restored to certain Spanish slave-traders in the island of Cuba. Of the Africans, about fifty had perished by the benignity of their treatment in this land of liberty, during its sus pended animation as to them ; sixteen, drawn by lot from the whole number, (by the merciful dispensation of the Circuit Court, under the arbitrary enlargement of the tender mercies of the Dis trict Judge, which had limited the number to seven,) sixteen had drawn the prize of liberty, to which the whole number were enti tled by the letter of the law ; and, of the remainder, THIRTY-NINE, upon evidence inadmissible upon the most trifling question of property in any court of justice, were, under the very peculiar cir cumstances of the case, surrendered ! delivered up to the Spanish vice-consul AS SLAVES! To the rest was at last extended the benefit of the laws which had foreordained their emancipation. They were delivered over to safe keeping, support, and transpor tation,, as freemen, beyond the limits of the United States, by the Chief Magistrate of the Union. 133 And now, by what possible process of reasoning can any decis ion of the Supreme Court of the United States in the case of the Antelope, be adduced as authorizing the President of the United States to seize and deliver up to the order of the Spanish minister the captives of the Amistad ? Even the judge of the District Court in Georgia, who would have enslaved all the unfortunates of the Antelope but seven, distinctly admitted, that, if they had been bought in Africa after the prohibition of the trade by Spain, he would have liberated them all. In delivering the opinion of the Supreme Court, on their first decree in the case of the Antelope, Chief Justice Marshall, after reviewing the decisions in the British Courts of Admiralty, says, " The principle common to these cases is, that the legality of the capture of a vessel engaged in the slave-trade depends on the law of the country to which the vessel belongs. If that law gives its sanction to the trade, restitution will be decreed : if that law pro hibits it, the vessel and cargo will be condemned as good prize." It was by the application of this principle, to the fact, that, at the time when the Antelope was taken by the Arraganta, the slave-trade, in which the Antelope was engaged, had not yet been made unlawful by Spain, that the Supreme Court affirmed so much of the decree of the Circuit Court as directed restitution to the Spanish claimant of the Africans found on board the Antelope when captured by the Arraganta. But by the same identical principle, applied to the case of the Amistad, if, when captured by Lieutenant Gedney, she and her cargo had been in possession of the Spaniards, and the Africans in the condition of slaves, the vessel would have been condemned, and the slaves liberated, by the laws of the United States ; because she was engaged in the slave-trade in violation of the laws of Spain. She was in possession of the Africans, self-emancipated, and not in the condition of slaves. That, surely, could not legal ize the trade in which she had been engaged. By the principle asserted in the opinion of the Supreme Court, declared by Chief Justice Marshall, it would have saved the vessel, at once, from condemnation and from restitution, and would have relieved the Court from the necessity of restoring to the Africans their free dom. Thus the opinion of the Supreme Court, as declared by the Chief Justice, in the case of the Antelope, was a fact, an authority in point, against the surrender of the Amistad, and in favor of the 134 liberation of the Africans taken in her, even if they had been, when taken, in the condition of slaves.. How monstrous, then, is the claim upon the Courts of the United States to re-inslave them, as thralls to the Spaniards, Ruiz and Montes ! or to transport them beyond the seas, at the demand of the Minister of Spain ! I said, when I began this plea, that my final reliance for success in this case was on this Court as a court of JUSTICE ; and in the confidence this fact inspired, that, in the administration of justice, in a case of no less importance than the liberty and the life of a large number of persons, this Court would not decide but on a due consideration of all the rights, both natural and social, of every one of these individuals. I have endeavored to show that they are entitled to their liberty from this Court. I have avoided, pur posely avoided, and this Court will do justice to the motive for which I have avoided, a recurrence to those first principles of liberty which might well have been invoked in the argument of this cause. I have shown that Ruiz and Montes, the only parties in interest here, for whose sole benefit this suit is carried on by the Government, were acting at the time in a way that is forbid den by the laws of Great Britain, of Spain, and of the United States, and that the mere signature of the Governor General of Cuba ought not to prevail over the ample evidence in the case that these negroes were free and had a right to assert their liber ty. I have shown that the papers in question are absolutely null and insufficient as passports for persons, and still more invalid to convey or prove a title to property. The review of the case of the Antelope, and my argument in behalf of the captives of the Amistad, is closed. May it please your Honors: On the 7th of February, 1804, now more than thirty-seven years past, my name was entered, and yet stands recorded, on both the rolls, as one of the Attorneys and Counsellors of this Court. Five years later, in February and March, 1809, I appeared for the last time before this Court, in de fence of the cause of justice, and of important rights, in which many of my fellow-citizens had property to a large amount at stake. Very shortly afterwards, I was called to the discharge of other duties first in distant lands, and in later years, within our own country, but in different departments of her Government. 135 Little did I imagine that I should ever again be required to claim the right of appearing in the capacity of an officer of this Court ; yet such has been the dictate of my destiny and I appear again to plead the cause of justice, and now of liberty and life, in be half of many of my fellow men, before that same Court, which in a former age I had addressed in support of rights of property I stand again, I trust for the last time, before the same Court " hie csestus, artemque repono." I stand before the same Court, but not before the same judges nor aided by the same associates nor resisted by the same opponents. As I cast my eyes along those seats of honor and of public trust, now occupied by you, they seek in vain for one of those honored and honorable persons whose indulgence listened then to my voice. Marshall Gushing Chase Washington Johnson Livingston Todd Where are they 1 Where is that eloquent statesman and learned lawyer who was my associate counsel in the management of that cause, Robert Goodloe Harper ? Where is that brilliant luminary, so long the pride of Maryland and of the American Bar, then my opposing counsel, Luther Martin ? Where is the excellent clerk of that day, whose name has been inscribed on the shores of Africa, as a monument of his abhorrence of the African slave-trade, Elias B. Caldwell 1 Where is the marshal where are the criers of the Court 1 Alas ! where is one of the very judges of the Court, arbi ters of life and death, before whom I commenced this anxious argument, even now prematurely closed 1 Where are they all 1 Gone ! Gone ! All gone ! Gone from the services which, in their day and generation, they faithfully rendered to their country. From the excellent characters which they sustained in life, so far as I have had the means of knowing, I humbly hope, and fondly trust, that they have gone to receive the rewards of blessedness on high. In taking, then, my final leave of this Bar, and of this Honorable Court, I can only ejaculate a fervent petition to Heaven, that every member of it may go to his final account with as little of earthly frailty to answer for as those illustrious dead, and that you may, every one, after the close of a long and virtuous career in this world, be received at the portals of the next with the ap proving sentence " Well done, good and faithful servant j enter thou into the joy of thy Lord:" I THIS r * n!p Syrq St/ 293358 Adams, d.Q. Argument of John Quincy Adams, Adams Call Number: A21 E44? 293358 1 1