Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-23


argued, behalf of the United States, that the ship
and cargo and negroes duly docunened as be-
longing Spanish subjects, and this Court have no
right To look behind these documents that full faith
and credit to lie to them and that they 10
be held conclusive evidence IN this cause, al
though should he established by the most satsacto
ry proofs that they have been obtained by the grosses
frauds and impostons upon The constituted huthor-
ties Of Spain. To this argument We can in no wise
assent There is nothing III the treaty which lusti.rs
or sustaips the argument. We do not here NEEDLE
with the point whether there has been any connyance
in this illegal traffic the part of any of the colonial
authorities subordinate officers of Cuba, because
our view such examination is unnecessary, and
ought not to be pursued unless indis pensahle
public Justice although II has been strongly pressed
at The bar What we proceed upon IS this that al
though public documents of the Government accompa
nyin- property found board ef the private ships Of
foreign nation certainly 10 be deemed yTima fncit
dcncc al: the facts which they purpnrt to state, yet
they always open TO be lmpugned Tor fraud; and
whether that fraud be in the original obtaining Of these
documents, IN the subsequent fraudulent and Illegal
use OF them, when II IS satisfactorily established,
il overhows all their sarc,i,y, and DESTROYS them
| ms proofs. Fraud viii vl,iate any, even The most
solemn Transactions ard asserted title 10 property
founded upon fraud utterly void The very language
Of the ninth article of the treaty of 1913 requires The
proprietor 10 make due and sufficient proof oil his pro-
perry And how that proof be deemed either due
or sufficient which is but connected and stained tissue
Of fraud: THIS IS not rule of municipal iuris
prEdence.-Nrih'ng more clear in the law of nations
established rule 10 regulate their rights and duties
and intercourse than The doctrine that the ships papers
are but Prima Jacic evidence, and that, if they
shown To be fraudulent they lie held proof Of
any valid title. THIS rule IS familiar!y applied and in
deed is of every day in prize in the
contests between lcliigents and nrutals rs is appa
rent from numerous cases 10 be found the reports Of
this Court; and is Just applicable 10 the ,ransac
ons OF civil inercours: between nations IN times of
peace
If private ship, clorhed in Spanish papers, should
enter the ports of til, United States, claiming the
privileges, and immunites, and rights, belonging 10
bona fde subjects Of Span under treaties or laws
and she should, in rra', belong the subjects OF
another nation, which not entitled TO any such
privileges, immuntes, or rights, and the proprie-
tors were seeking, BY fraud, 10 cover their il
legal acts under the flag of Spain, there can be
doubt that it would be the duty Of courts TO strip
off Disguise and 10 look at the according TO lis
naked realities. In the solemn treaties between ma
tons, it can be presumed that either State in
tended TO provide the means of perpe,ra,ing pro-
eciing fraud but all the provisions to be construed
as intended 10 be applied 10 bona fde transactions
The 18th article of the treaty with Spain which pro-
vldes for certain passports and certificates evidence
OF property on board Of the ships of both States, is in
its terms applicable only to where either of the