Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-01-03


the fact, that the Executive Of the United States
selected the judicial branch Of Government to
decide this claim. Under his directions ID was
prosecuted before all our principal courts,
commencing with tho District, and rising to
the Supreme Court These tribunals spent
much time in the examination, and each and
all Of them have pronounced it groundess, des-
titute OF merit, and unworthy Of our attention
And now, Mr.. Chairman, the President, who
has never distinguished himself as a jurist TO
my knowledge, undertakes TO assure us that it
IL a meritorious claim, notwithstanding oil
these decisions OF q coordinate branch of Gov
ernment. He says, in distinct language, that
"this claim rs believed TO rest on the obligations
imposed by our eristing treaties NTH thai Gop-
ernnent," whilc these courts say, in equally
emphatic language, that there is no treaty
which imposes such obligations upon us.
Here, sir, is an issue between the Executive
and the judicial department of Government,
and the President appeals to the Legislative
branch to sustain him. ido not think the history
of the country furnishes precedent for this
state of things. The President takes the part of
the slave dealers, the court stands by the Con
stitution, by the laws, and by the rights Of hu-
manity
But sir, the President insists that we shall
investigate the case, and pronounce our judg-
ments IN regard to its merits. That has been
done. 1t is now some SIX years since this claim
was presented to the consideration OF this body.
The usual bill making appropriations for the
civil and diplomatic expenses Of Government,
passed this House, and was sent to the Senate.
That body amended it BY ting an appro-
pration of $4,000 to ineo.anify these slave
dealers. 1t came back to tins hall thus amend
ed, for our concurrence
My venerable and ever.lamented friend, John
Quincy Adams, was then just lingering upon
the confines Of iife he was pale and trembling
under the weight of nearly four score years
his voice was so weak that he was able to
make himself heard at the distance Of only
few yards; he had ceased to mingle in the de-
bates Of this hall he had, however, been fa-
mlllar with all the details OF this pretended
claim, and when ne saw his country about to
be dsgraced by contributing the public funds
to the payment of these Spanish slave dealers
for the failure Of their anticipated speculations
in human flesh, his spirit was stirred within
him, and he once more, and for the last time
rose IN defence of his country's honor, in de
fence OF humanity. Members from the dis
tant parts of the hall left their seats and gath
cred around him, in order to catch the last
words OF the venerable statesman. The re-
porters, unable to hear him rushed into the
seats OF members and crowded near, to give to
the country as much possible of the last
| speech OF the greatest man then living. He
spoke briefly, but continued his remarks until
his ply scal system appeared to sink under the
effort
The vote was taken, and think there were
not five voices heard in favor Of the amend
ment. Members appeared astonished that
such claim should have been presented to an
enlightened people. But the President says it
has never been finally acted upon. Well, sir,
] know of no way in which it can be finally
acted upon until the final day Of all things
shall come. Yet, | apFrehend, the President
was not aware that it had been rejected by
this body, and that too, by vote which should
forever have ret the matter at rest This ap-
| peal OF the President from that decision to the
judgment OF the present House of Representa-
lives, IS Of itself disrespectiul to the Legisla.
ture Of the nation. protest glinst it, His
predecessor was dissatisfied with the decision
Of the Judiciary, and appealed to Congress
The appeal was heard in this hall, aud die
missed by an almost unanimous vote: and
now the President desires US to reverse that
decision OF our own body. Are the members
ot the present House OF Representatives more
competent than those who then occupied their
seats! Are we more intelligent, more honest
more patriotic, or more familiar with the facts
than they were
The Pre-ident appears not TO have possessed
the proper degrece OF information on this sub
\ ject. ! do not believe th 10 he or his Cabinet
can have examined it with that care or atten-
ton which the Courts bestowed upon il. Isay
this for the reason that he states in his message,
that "this claim is believed 10 rest on the
obligations imposed by our eriaing treaty with
| Spain In what treaty. In what article Of any
| treaty! The report of a former committee OF
this House insisted that the sth, 9th or 9th
articles Of our treaty with Spain, Of 1885, i'm
posed upon us that duty. The committee did
not know in nhich article nor in which clause
of either article snch obligation could he
found. The Supreme Court however as
have already remarked, looked very carefully
through that treaty, and all other treaties be
tween Spain and the United States and upon
solemn consideration declared that no such
| duty existed under that or any other treaty.
| That Court sir was composed Of nine able
Judges, learned in the law; they had listened
TO the most eminent counsel Of the United
States, and, after full deliberatiOn, we're clearly
OF opinion that no such obligation existed nn-
der any treaty. And, sir, have more conf
dence in the opinion Of those judges, in relation
to our treaty stipulations, than ! have in the
opiaion of the President.
Well SIR, the President insists that We are
bound by treaty b. pay for the bodies of these
Africans; and wish 10 say 10 the Chairman
Of the Committee on Foreign Affairs, that when
he draws up his report, | hope he will inform
us OF the article, the section, and clause, in
which he finds such obligation | hope the
gentleman will be specific ON this point.
Nh. BAYLy lshall be very likely to do that.
Mr.. GropmGs. take the gentleman at his
word, and will hold him to his promise
The 9th article Of our treaty Of 1895 stipu-
lates, that when ship and merchandise OF
either nation shall be rescued out OF the hands
Of pirates or robbers, il shall be delivered over
TO the owner, on sufficient proof Now, the
Court said in order 10 bring the law within
that article, It must be shown that tho negroes
were merchandise and had been rescued out
OF the hands Of pirates or robbers; neither Of
which could be true; for it had been clearly