It is sufficient to say, that the African slave trade is as much against the laws of Spain, as the laws of our own country. As to the law. It is quite a mistake to suppose that the rights of these unfortunate Africans are to be passed upon by the President of the United States, or that the Executive has any thing to do with the subject. By the same treaty referred to by the Spanish writer, it is most carefully provided that all these questions shall be settled in the proper tribunals in each country. By the 9th section of the treaty cited, it is expressly provided that the ships and mechandize are to be restored as soon as due and sufficient proof shall be made concerning the property.
All judicial powers are by our laws confided to the judges.
If on this point there was any doubt, the 7th article of this same treaty provides that all investigations arising out of such cases shall before the ordinary tribunals, and not be subject to executive mandates. No such power exists. There is no such provision in our treaty with Spain, and upon general principles of national law, no such right to make such a claim exists.