The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-01-05


person; but that they were and ever had been
free iat4n
Here | viii remark that the Africans were
strangers IN a strange land, ignorant of any
Language save their native dialect, without
trends, without influence, and without money
One would have reasonably supposed that the
sympathles of all men and all Government Off
cors would have been enlisted in favor of these
prosecuted exiles, who had been thus torn from
their homes, their country, their kindred and
friends. The dictates of our nature are in "a
vor OF the oppressed, the friendess, of those
who are incapable Of defending their own
rights
Yet feel humbled as an American, when
say that the President sent orders to the Uni
ted States Attorney for the district Of Connec-
ticut directing him to appear before the court,
and. IN the name Of the Spanish Minister to
demand these Africans. in order that they may
be delivered over to their pretended owners.
This order was complied with; proofs were
taken; the case was prepared by able council,
who appeared for the slave dealers and folly
argued it before the District Court A ship
was sent into the vicinity, where the court was
sitting, with directions that if decree were
| pronounced against the Africans, they should
be hurried on board and'se to Cuba, to be
garroted and gibbeted, without waiting for
Lnen 10 appear 20 q higher court.
| mention this fact as illustrative of the man
ner in which the Executive influence was
welded against these down-trodden strangers.
IL is due to those who come after us, that these
| truths be placed upon the record Of our de-
bates, IN order that posterity may understand
the views and feelings which guide statesmen
| of the present age
But thanks to that Providence which gave
us Government of laws instead of the will
| of despot, to control the fate of freemen, the
court, after the most patient hearing and con-
sidcratOn of the case, found the Africans to
have been imported IN violation of the treaties
and laws of Spain-thst they were freemen,
and not slaves to Montez and Ruiz, or to any
other person-and ordered them to be set at
liberty.
We should have supposed that this solemn
decision CT an authorized tribunal would have
satisfied the Executive but an appeal was
taken to the Circuit Court. The decree of the
District Court, however, was reafirmed in the
Circuit Court, and an appeal was taken to the
Supreme Court Of the United States. Here, sir,
IN this Capitol, the case was again argued, be-
fore the highest judicial tribunal Of the nation.
The Attorney General appeared On behalf Of
the slave-dealing pirates and ali the influence
of his reputation, his official character, and of
the Executive, was again welded in favor of
this Spanish slave trade. The whole case was
again argued and considered, and the decree
OF the District Court was again affirmed. But
can do no better here than to quote the words
of the court who, in making the decision, said
at is plain, beyond controversy. if we ex-
anime the evidence that these negroes never
were the lawful slaves Of Ruiz or MOntez or
Of any other Spanish subjects. They are ma
tlves of Africa, and were kidnapped there, and
were unlawfully transported to Cuba, in viola
ton Of the laws and treaties of Spain, and the
most solemn edicts and declarations of that
Government. By these laws, and treaties and
edicts, the African slave trade is utterly abo-
ished; the dealing in that trade is deemed a
heinOus crime; and the negroes thereby intro
duced into the dominions of Spain are declared
to be free. Ruiz and Montez are proved to
have made the pretended purchase of these
negroes, with full knowledge of all the cir
eumstances. And 20 eogent and Irresistible is
the evidence In this respect that the District
Attorney has admitted in open court, upon the
record, that these negroes were native Africans
and recently imported into Cuba, as alleged in
their answers to the libels in the casep
Now, cir ask the gentleman from Virginia
Mr.. Bayly, when he reports his bill to reverse
this decision, to show that these Judges learned
in the law, did not understand the case; that
they were ignorant Of their duties that thew
did not comprehend the testimony
When, sir, he attempts to reverse this solemn
decision, trust he will show the error on which
he relies. If he denies that these Africans were
frecmen-that the court were deceived on this
point desire him TO show tho fact | hope
he viii make it plain to our comprehension.
If he denies this fact, | trust be will also
show that the District Attorney, who admitted
them to have been recently imported, and
therefore free, and not Slaves misunderstood
the facts-did not comprehend the proofs-was
ignorant of his duties. | trust he will make
these things plain, before he asks US to vote for
his bill
Bat sir, call the attention of this BODY to
the fact, that the Executive of the United States
selected the Judicial branch Of Government 10
decide this claim. Under his directions. it was
prosecuted before all our principal courts
commencing with the District and risingftS
the Supreme Court. These tribunals spent
much time In the examination. and each and
al of them have prohounced it groundless des-
ttuts Of merit, and unworthy of our attention.
And now, Mr.. Chairman, the President, who
has mover distinguished himself as a iurist, to
my knowledge, undertakes to assure US that it
Is meritorious claim, notwithstanding all
these decisions OF a coordinate branch of Gov
eminent. lie says, IN distinct language, that
imposed by our ertsilng treaties Nth that Gov-
ernnlent" while these courts saw in equally
emphatic language, that there as no treaty
which imposes such obligations upon MS.
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. do not think the history
of the country furnishes q 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-
mainly.
Bat, sir, the President insists that we shall
investigate the case aud pronounce cur iudg-
ments In regard to It's 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, ard was sent to the Senate
That body amended it by inserting an appro-
priation of $4,000 to indemnify these slave
dealers. 1t came back to this hall thus amend
ed, for our concurrence
My venerable aud ever-lamented friend. John
Quincy Adams, was then just lingering upon
the confines OF life; he was pale and trembling
under the weight Of nearly f ur score years
his voice was 50 weak that he YVES able TO
mako 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 ia
miliaT with all the details of this pretended
claim, and when he saw his country about to
be dlsgraced by contributing the public funds
to the payment of these Spanish slave dealers.
for the failure Of their anticipated speculatons
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.
! M lnp g.