Question: What does Domiciliated mean?

[ dŏm′ĭ-sĭl′ē-ā′tĭd, dō′mĭ- ] adj. Of or relating to an organism living in close association with humans so that partial domestication results, leading to the organisms dependence on continued association with the human environment.

What is Domicited?

domiciled; domiciling. Definition of domicile (Entry 2 of 2) transitive verb. law. : to establish in or provide with a domicile the state where the decedent was domiciled.

What means intelligibility?

1 : capable of being understood or comprehended jargon intelligible only to the initiated. 2 : apprehensible by the intellect only.

How do you use domicile in a sentence?

Domicile in a Sentence 🔉The police went to visit his domicile when he was reported missing.The winding driveway led us to his domicile situated on top of the steep hill.We needed to find a new domicile for our cats because my father is allergic.More items...

What is the meaning of domicile of origin?

Domicile of origin means the home of an individuals parents. ... Thus, domicile of origin is different from an accidental place of birth. Domicile of origin comes into existence as soon as the child becomes an independent person by birth. If the child is born in a lawful wedlock then the child takes the fathers domicile.

What is domicile in Tagalog?

Translation for word Domicile in Tagalog is : tirahan.

What is domicile in English?

1. a place of residence; abode; house or home. 2. Law. a permanent legal residence.

What is the meaning of speech intelligibility?

Speech intelligibility can be defined as how clearly a person speaks so that his or her speech is comprehensible to a listener [2]. Reduced speech intelligibility leads to misunderstanding, frustration, and loss of interest by communication partners. As a result, communication decreases or remains at a low level.

What should we write in domicile?

Sir/ Madam, I, the undersigned ____, resident of ______ request your kind consideration and action, I am a permanent resident of the state of Karnataka, residing at ____ since __(By birth or year of moving)____.

What is the difference between domicile and residency?

What Is the Difference Between Residence and Domicile? A residence is a location where you may live part-time or full-time. A domicile is your legal address, and your domicile is located in the state where you pay taxes.

Can a person have two domicile?

No, you cannot have more than one domicile certificate at a time. It can be made only in one state and obtaining more than one domicile certificate is an offence. ... So, in your case you can get a domicile certificate for either of the states but not for both.

What is the difference between nationality and domicile?

As nouns the difference between nationality and domicile is that nationality is membership of a particular nation or state, by origin, birth, naturalization, ownership, allegiance or otherwise while domicile is (formal) a home or residence.

How can I check my domicile status?

Evidence used to determine domicile includes the following:Address of residence where the decedent lived more than 50 percent of the time.Place of religious affiliations. ... Car registration. ... Voter registration. ... Address shown on passport. ... Bank accounts established in local banks.

What are the types of domicile?

Generally, there are three kinds of domicile: domicile of origin, domicile of choice, and domicile by operation of law.

What is the difference between perspicacity and perspicuity?

As nouns the difference between perspicuity and perspicacity is that perspicuity is clarity, lucidity, especially in expression; the state or characteristic of being perspicuous while perspicacity is acute discernment or understanding; insight.

How is speech intelligibility calculated?

A percent-intelligible score is calculated for each listener by dividing the total number of words identified by the total number of words actually spoken by the child. When multiple judges are used, the childs overall intelligibility score is the average of the judges scores.

Why is speech intelligibility important?

Speech intelligibility can be defined as how clearly a person speaks so that his or her speech is comprehensible to a listener [2]. Reduced speech intelligibility leads to misunderstanding, frustration, and loss of interest by communication partners. As a result, communication decreases or remains at a low level.

How do I know my domicile?

Evidence used to determine domicile includes the following:Address of residence where the decedent lived more than 50 percent of the time.Place of religious affiliations. ... Car registration. ... Voter registration. ... Address shown on passport. ... Bank accounts established in local banks.

Can a person be domicile of two states?

It can be made only in one state and obtaining more than one domicile certificate is an offence. ... This certificate is required as a proof of residence to avail domicile or resident quotas. So, in your case you can get a domicile certificate for either of the states but not for both.

Supreme Court United States v. Captain Ferrer had on board Antonio, What does Domiciliated mean? slave; Ruiz had forty-nine negroes; Montez had four negroes, which were claimed by them as slaves, and stated to be their property in passports or documents signed by the Governor General of Cuba.

In fact, these African negroes had been, a very short time before they were put on board the Amistad, brought into Cuba by Spanish slave traders in direct contravention of the treaties between Spain and Great Britain and in violation of the laws of Spain. On the voyage of the Amistad, the negroes rose, killed the captain, and took possession of the vessel. They spared the lives of Ruiz and Montez on condition that they would aid in steering the Amistad for the coast of Africa, or to some place where negro slavery was not permitted by the laws of the country.

Ruiz and Montez deceived the negroes, who were totally ignorant of navigation, and steered the Amistad for the United States, and she arrived off Long Island, in the state of New York, on the 26th of August, and anchored within half a mile of the shore. Some of the negroes went on shore to procure supplies of water and provisions, and the vessel was then discovered by the United States brig Washington.

Lieutenant Gedney, commanding the Washington, assisted by his officers and crew, took possession of the Amistad, and of the negroes on shore and in the vessel, brought them into the District of Connecticut, and there libelled the vessel, the cargo, and the negroes for salvage. Libels for salvage were also presented in the District Court of the United States for the District of Connecticut by persons who had aided, as they alleged, in capturing the negroes on shore on Long Island, and contributed to the vessel, cargo, and negroes being taken into possession by the brig Washington.

Ruiz and Montez filed claims to the negroes as their slaves, and prayed that they, and parts of the cargo of the Amistad, might be What does Domiciliated mean? to them, or to the representatives of the crown of Spain.

The attorney of the District of Connecticut filed an information stating that the Minister of Spain had claimed of the government of the United States that the vessel, cargo, and slaves should be restored, under the provisions of the treaty between the United States and Spain, the same having arrived within the limits and jurisdiction of the United States, and had been taken possession of by a public armed vessel of the United States, under such circumstances as made it the duty What does Domiciliated mean?

the United States to cause them to be restored to the true owners thereof. A claim for Antonio was filed by the Spanish consul on behalf of the representatives of Captain Ferrer, and claims are also filed by merchants of Cuba for parts of the cargo of the vessel, denying salvage and asserting their right to have the same delivered to them under the treaty.

The negroes, Antonio excepted, filed an answer denying that they were slaves, or the property of Ruiz or Montez, and denying the right of the Court, under the Constitution and laws of the United States, to exercise any jurisdiction over their persons.

They asserted that they were native free-born Africans, and ought of right to be free; that they had been, in April, 1839, kidnapped in Africa, and had been carried in a vessel engaged in the slave trade from the coast of Africa to Cuba for the purpose of being sold, and that Ruiz and Montez, knowing these facts, had purchased them, put them on board the Amistad, intending to carry them to be held as slaves for life, to another part of Cuba, and that, on the voyage, they rose on the master, took possession of the vessel, and were intending to proceed to Africa or to some free state, when they were taken possession of by the United States armed vessel, the Washington.

After evidence had been given by the parties, and all the documents of the vessel and cargo, with the alleged passports and the clearance from Havana, had been produced, the District Court made a decree by which all claims to salvage of the negroes were rejected and salvage amounting to one-third of the vessel and cargo was allowed to Lieutenant Gedney and the officers and crew of the Washington.

The claim of the representatives of Captain Ferrer to Antonio was allowed; the claims of Ruiz and Montez, being included in the claim of the Spanish minister, and of the minister of Spain, to the negroes as slaves, or to have them delivered to the Spanish minister, under the treaty, to be sent to Cuba, were rejected, and the Court decreed that the negroes should be delivered to the President of the United States, to be sent to Africa pursuant to the act of Congress What does Domiciliated mean?

3d March, 1819. From this decree the District Attorney of the United States appealed to What does Domiciliated mean? Circuit Court except so far as the same related to Antonio.

The owners of the cargo of the Amistad also appealed from that part of the decree which allowed salvage on their goods. Ruiz or Montez did not appeal, nor did the representatives of the owner of the Amistad.

The Circuit Court of Connecticut, by a pro forma decree, affirmed the decree of the District Court, reserving the question of salvage on the merchandise on board the Amistad. The United States appealed from this decree. The decree of the Circuit Court was affirmed, saving that part of the same which directed the negroes to be delivered to the President of the United States to be sent to Africa, which was reversed, and the negroes were declared What does Domiciliated mean?

be free. The sixth article of the treaty with Spain of 1795, continued in full force in this particular by the treaty ratified in 1821, seems to have had principally in view cases where the property of the subjects of either state, had been taken possession of within the territorial jurisdiction of the other during war. The eighth article provides for cases where the shipping of the inhabitants of either state are forced, through stress of weather, pursuit of pirates, or enemies, or any other urgent necessity, to seek shelter in the ports of the other.

There may well be some doubts entertained whether the case of the Amistad, in its actual circumstances, falls within the purview of this article. Supreme Court United States v. Captain Ferrer had on board Antonio, a slave; Ruiz had forty-nine negroes; Montez had four negroes, which were claimed by them as slaves, and stated to be their property in passports or documents signed by the Governor General of Cuba.

In fact, these African negroes had been, a very short time before they were put on board the Amistad, brought into Cuba by Spanish slave traders in direct contravention of the treaties between Spain and Great Britain and in violation of the laws of Spain.

United States v. The Amistad :: 40 U.S. 518 (1841) :: Justia US Supreme Court Center

On the voyage of the Amistad, the negroes rose, killed the captain, and took possession of the vessel. They spared the lives of Ruiz and Montez on condition that they would aid in steering the Amistad for the coast of Africa, or to some place where negro slavery was not permitted by the laws of the country. Ruiz and Montez deceived the negroes, who were totally ignorant of navigation, and steered the Amistad for the United States, and she arrived off Long Island, in the state of New York, on the 26th of August, and anchored within half a mile of the shore.

Some of the negroes went on shore to procure supplies of water and provisions, and the vessel was then discovered by the United States brig What does Domiciliated mean?. Lieutenant Gedney, commanding the Washington, assisted by his officers and crew, took possession of the Amistad, and of the negroes What does Domiciliated mean? shore and in the vessel, brought them into the District of Connecticut, and there libelled the vessel, the cargo, and the negroes for salvage.

Libels for salvage were also presented in the District Court of the United States for the District of Connecticut by persons who had aided, as they alleged, in capturing the negroes on shore on Long Island, and contributed to the vessel, cargo, and negroes being taken into possession by the brig Washington.

Ruiz and Montez filed claims to the negroes as their slaves, and prayed that they, and parts of the cargo of the Amistad, might be delivered to them, or to the representatives of the crown of Spain. The attorney of the District of Connecticut filed an information stating that the Minister of Spain had claimed of the government of the United States that the vessel, cargo, and slaves should be restored, under the provisions of the treaty between the United States and Spain, the same having arrived within the limits and jurisdiction of the United States, and had been taken possession of by a public armed vessel of the United States, What does Domiciliated mean?

such circumstances as made it the duty of the United States to cause them to be restored to the true owners thereof. A claim for Antonio was filed by the Spanish consul on behalf of the representatives of Captain Ferrer, and claims are also filed by merchants of Cuba for parts of the cargo of the vessel, denying salvage and asserting their right to have the same delivered to them under the treaty.

The negroes, Antonio excepted, filed an answer denying that they were slaves, or the property of Ruiz or Montez, and denying the right of the Court, under the Constitution and laws of the United States, to exercise any jurisdiction over their persons.

They asserted that they were native What does Domiciliated mean? Africans, and ought of right to be free; that they had been, in April, 1839, kidnapped in Africa, and had been carried in a vessel engaged in the slave trade from the coast of Africa to Cuba for the purpose of being sold, and that Ruiz and Montez, knowing these facts, had purchased What does Domiciliated mean?, put them on board the Amistad, intending to carry them to be held as slaves for life, to another part of Cuba, and that, on the voyage, they rose on the master, took possession of the vessel, and were intending to proceed to Africa or to some free state, when they were taken possession of by the United States armed vessel, the Washington.

After evidence had been given by the parties, and all the documents of the vessel and cargo, with the alleged passports and the clearance from Havana, had been produced, the District Court made a decree by which all claims to salvage of the negroes were rejected and salvage amounting to one-third of the vessel and cargo was allowed to Lieutenant Gedney and the officers and crew of the Washington. The claim of the representatives of Captain Ferrer to Antonio was allowed; the claims of Ruiz and Montez, being included in the claim of the Spanish minister, and of the minister of Spain, to the negroes as slaves, or to have them delivered to the Spanish minister, under the treaty, to be sent to Cuba, were rejected, and the Court decreed that the negroes should be delivered to the President of the United States, to be sent to Africa pursuant to the act of Congress of 3d March, 1819.

From this decree the District Attorney of the United States appealed to the Circuit Court except so far as the same related to Antonio. The owners of the cargo of the Amistad also appealed from What does Domiciliated mean? part of the decree which allowed salvage on their goods. Ruiz or Montez did not appeal, nor did the representatives of the owner of the Amistad.

The Circuit Court of Connecticut, by a pro forma decree, affirmed the decree of the District Court, reserving the question of salvage on the merchandise on board the Amistad.

The United States appealed from this decree. The decree of the Circuit Court was affirmed, saving that part of the same which directed the negroes to be delivered to the President of the United States to be sent to Africa, which was reversed, and the negroes were declared to be free.

The sixth article of the treaty with Spain of 1795, continued in full force in this particular by the treaty ratified in 1821, seems to have had principally in view cases where the property of What does Domiciliated mean?

subjects of either state, had been taken possession of within the territorial jurisdiction of the other during war. The eighth article provides for cases where the shipping of the inhabitants of either state are forced, through stress of weather, pursuit of pirates, or enemies, or any other urgent necessity, to seek shelter in the ports of the other.

There may well be some doubts entertained whether the case of the Amistad, in its actual circumstances, falls within the purview of this article. Secondly, that there has been a rescue of them on the high seas out of the hands of pirates and robbers. Thirdly, that Ruiz and Montez are the true proprietors of the negroes, and have established their title by competent proofs. If those negroes were, at the time, lawfully held as slaves under the laws of Spain, and recognised by those laws as property capable of being bought and sold, no reason is seen why this may not be deemed, within the intent of the treaty, to be included under the denomination of merchandise, and ought, as such, to be restored to the claimants, for, upon that point, the laws of Spain would seem to furnish the proper rule of interpretation.

But, admitting that to be the construction of the treaty, it What does Domiciliated mean? clear in the opinion of the Court that neither of the other essential facts and requisites has been established by proof, and the onus probandi of both lies upon the claimants to give rise to the casus foederis. The negroes were never the lawful slaves of Ruiz or Montez, or of any other Spanish subject. They are natives of Africa, and were kidnapped there, and were unlawfully transported to Cuba in violation of the laws and treaties of Spain, and of the most solemn edicts and declarations of that government.

By the laws, treaties, and edicts of Spain, the African slave trade What does Domiciliated mean? utterly abolished, the dealing in that trade is deemed a heinous crime, and the negroes thereby introduced into the dominions of Spain are declared to be free. Although public documents of the government accompanying property found on board of the private ships of a foreign nation are to be deemed prima facie evidence of the facts which they state, yet they are always open to be impugned for fraud, and, whether that fraud be in the original obtaining of those documents or in the subsequent fraudulent and illegal use of them, where once it is satisfactorily established, it overthrows all their sanctity and destroys them as proof.

Fraud will vitiate any, even the most solemn, transactions, and any asserted title founded upon it is utterly void. Nothing is What does Domiciliated mean? clear in the laws of nations as an established rule to regulate their rights and duties and intercourse than the doctrine that the ship's papers are prima facie evidence of what they state, and that, if they are shown to be fraudulent, they are not to be held proof of any valid title whatever.

This rule is applied in prize cases, and is just as applicable to the transactions of civil intercourse between nations in times of peace.

Nikolai Patrushev, Secretary of the Russian Security Council, in an interview with Rossiyskaya Gazeta.

In the solemn treaties between nations, it never can be presumed that either state intends to provide the means of perpetrating or protecting frauds, but all the provisions are to be construed as intended to be applied to bona fide transactions. This article required a certain form of passport to be agreed upon by the parties and annexed to the treaty. It never was annexed, an, therefore, in the case of6 Wheat. Supposing the African negroes on board the Amistad not to be slaves, but kidnapped and free negroes, the treaty with Spain cannot be obligatory upon them, and the United States are bound to respect their rights as much as those of Spanish subjects.

The conflict of rights between the parties under such circumstances becomes positive and inevitable, and must be decided upon the invariable principles of justice and international law. The treaty with Spain never could have been intended to take away the equal rights of all foreigners who should assert their claims to equal justice before the Courts of the United States, or to deprive such foreigners of the protection given to them by other treaties or by the general law of nations.

There is no ground to assert that the case of the negroes who were on board of the Amistad comes within the provisions of the act of Congress of 1799, or of any other of the prohibitory slave trade acts. These negroes were never taken from Africa or brought to the United States in contravention of these acts. When the Amistad arrived, she was in possession of the negroes, asserting their freedom; and in no sense could possibly intend to import themselves into the United States as slaves, or for sale as slaves.

The carrying of the Amistad and her cargo into Connecticut by Lieutenant Gedney and the officers and crew of the Washington was a highly meritorious and useful service to the proprietors of the ship and cargo, and such as, by the general principles of the maritime law, is always deemed a just foundation for salvage. The rate allowed by the Court one-third, does not seem beyond the exercise of sound discretion under the very peculiar and embarrassing circumstances of the case. What does Domiciliated mean?

the 23d day of January 1840, Thomas R. That the What does Domiciliated mean? was accordingly taken What does Domiciliated mean? of and recaptured from the hands and possession of the negroes who had taken the same: that the What does Domiciliated mean?

was brought into the port of New London, where she now was; and the schooner would, with great difficulty, exposure, and danger have been taken by the libelants but for the surprise upon the blacks who had possession thereof, a part of whom were on shore, and, but for the aid and assistance and services of the libelants, the vessel and cargo would have been wholly lost to the respective owners thereof.

The libelants stated, that having saved the schooner Amistad and cargo, and the slaves, with considerable danger, they prayed that process should be issued against the same, and that the usual proceedings might be had by the court, by which a reasonable salvage should be decreed out of the property so saved.

Afterwards, Henry Green and Pelatiah Fordham and others filed a petition and answer to the libel, claiming salvage out What does Domiciliated mean?

the property proceeded against by Thomas R. Gedney and others, and stating, that before the Amistad was seen or boarded by the officers and crew of the Washington, they had secured a portion of the negroes who had come on shore, and had thus aided in saving the vessel and cargo.

On the 29th of August 1839, Jose Ruiz and Pedro Montez, of Cuba, filed claims to all the negroes on board of the Amistad, except Antonio, as their slaves.

A part of the merchandise on board the vessel was also claimed by them. They alleged, that the negroes had risen on the master of the schooner, and had murdered him; and that afterwards they, Ruiz and Montez, had brought her into the United States. They claimed that the negroes and merchandise ought to be restored to them under the treaty with Spain, and denied salvage to Lieutenant Gedney and to all other persons claiming What does Domiciliated mean?.

All these were stated to be slaves, and the property of the claimants, purchased by them at Havana, where slavery was tolerated and allowed by law, and they and the merchandise on board the vessel, the claimants alleged, by the laws and usages of nations, and of the United States of America, and, according to the treaties between Spain and the United States, ought to be restored to the claimants, without diminution, and entire.

The vessel, negroes, and merchandise were taken into his possession, by the marshal of the district of Connecticut, under process issued by order of the court. On the 19th of September 1837, William S. But if it should be made to appear that the persons described as slaves were negroes and persons of color who had been transported from Africa in violation of the laws of the United States and brought within the United States contrary to the same laws, the attorney, in behalf of the United States, claimed that, in such case, the court would make such further order in the premises as would enable the United States, if deemed expedient, to remove such persons to the coast of Africa, to be delivered there to such agent or agents as might be authorized to receive and provide for them, pursuant to the laws of the United States in such case provided, or to make such other order as to the court might seem fit, right, and proper in the premises.

On the same day, September 19th, 1839, the negroes, by their counsel, filed an answer to the libel of Lieutenant Gedney and others, claiming salvage, and to the claim of Ruiz and Montez, claiming them as slaves, as also to the intervention of the United States, on the application of the minister of What does Domiciliated mean?, in which they said that they were natives of Africa, and were born free, and ever since had been, and still of right were and ought to be, free and not slaves; that they were never domiciled in the island of Cuba, or in the dominions of the Queen of Spain, nor subject to the laws thereof.

That Jose Ruiz, one of the libelants, well knowing all the premises, and confederating with the persons by whom the respondents were unlawfully taken and holden as slaves, and intending to deprive the respondents severally of their liberty, made a pretended purchase of the respondents, except the said Carria, Teme, Kene and Mahgra; and that Pedro Montez, also well knowing all the premises, and confederating with the said persons, for the purpose aforesaid, made a pretended purchase of the said Carria, Teme, Kene, and Mahgra; that the pretended purchases were made from persons who had no right whatever to the respondents, or any of them, and that the same were null and void, and conferred no right or title on Ruiz or Montez, or right of control over the respondents, or either of them.

That, on or about the 28th day of June, 1839, Ruiz and Montez, confederating with each other, and with and Ramon Ferrer, now deceased, master of the schooner Amistad, and others of the crew thereof, caused respondents, severally, without law or right, under color of certain false and fraudulent papers by them procured and fraudulently used for that purpose, to be placed by force on board the schooner, to be transported, with said Ruiz and Montez, to some place unknown to the respondents, and there enslaved for life.

That, for that purpose, the respondents were, by Lieutenant Gedney, his What does Domiciliated mean? and crew, brought to the port of New London and, while there, and afterwards, under the subsequent proceedings in this honorable court, taken into the custody of the marshal of said district of Connecticut, and confined and held in the jails in the cities of New Haven What does Domiciliated mean? Hartford, respectively, as aforesaid. Wherefore, the respondents prayed, that they might be set free, as they or right were and ought to be, and that they be released from the custody of the marshal, under the process of this honorable court, under which, or under color of which, they were holden as aforesaid.

Jose Antonio Tellincas, and Aspe and Laca, subjects of Spain, and merchants of Cuba, presented claims for certain merchandise which was on board the Amistad, when taken possession of by Lieutenant Gedney; denying all claims to salvage, and asking that the property should be restored to them. The decree rejected the claim of Green and others to salvage, with costs.

The claim of Lieutenant Gedney and others to salvage on the alleged slaves was dismissed. The libels and claims of Ruiz and Montez, being included under the claim of the minister of Spain, were ordered to be dismissed, with costs taxed against Ruiz and Montez, respectively. The claims of Tellincas, and Aspe and Laca for the restoration of the goods specified by them, What does Domiciliated mean?

part of the cargo of the Amistad, was sustained, and that the same goods be restored to them, deducting one-third of the gross appraised value of them, which was allowed as salvage to the officers and crew of the Washington.

A like salvage of one-third of the gross value of the Amistad and the other merchandise on board of her was also adjudged to the salvors. The costs were to be deducted from the other two-thirds. Gedney and others was made on the high seas in a perilous condition, and they were first brought into the What does Domiciliated mean? of New London, within the district of Connecticut, and libelled for salvage. And this court both further find that it hath ever been the intention of the said Montez and Ruiz, since the said Africans were put on board the said schooner, to hold the said Africans as slaves; that at the time when the said Cinque and others, here making answer, were imported from Africa into the dominions of Spain, there was a law of Spain prohibiting such importations, declaring the persons so imported to be free; that said law was in force when the claimants took the possession of the said Africans and put them on board said schooner, and the same has ever since been in force.

Havana, June 22d, 1839 Size. I grant permission to carry three black ladi- Age. Pedto Montez, to Puerto Principe, Hair. They must present themselves to the Forehead. Let pass in the schooner Amistad, to Guana Beard. Havana, June 26th, 1839 Size. I grant permission to carry What does Domiciliated mean? black Color. Pedro, Martin, Manuel, Andrios, Edwardo, Hair.

Celedrinnio, Bartolo, Raman, Augustin, Forehead. Evaristo, Sasimero, Meratio, Gabriel, San- Eyebrows. Luis, Bartolo, Julian, Federico, Saturdino, Mouth. Ladislas, Celestino, Epifano, Fronerie, Ve- Beard. Isdoro, Vincenter, Dioniceo, Apolino, Esequiel, Leon, Julio, Hipolito, y Raman, property of Dr.

Jose Ruiz, to Puerto Principe, by sea. They must present themselves with this per- mit to the respective territorial judge. Let pass in the schooner Amistad, to Guanaja, Ferrer, master. What does Domiciliated mean?, the said claim of the minister of Spain, as set forth in the two libels filed in the name of the United States, by the said district attorney, for and in behalf of the government of Spain and her subjects so far as the same relate to the said Africans named in said claim, be dismissed.

The circuit court affirmed the decree of the district court, pro forma, except so far as respected the claims of Tellincas, and Aspe and Laca. After this decree of the Circuit Court, the United States claiming in pursuance of a demand made upon them by the duly accredited minister of her Catholic Majesty, the Queen of Spain, to the United States, moved an appeal from the whole and every part of the decree of the Court, affirming the decree of the District Court, to the Supreme Court of the United States, to be holden at the city of Washington on the second Monday of January, A.

The duties What does Domiciliated mean? my office and of my avocation have led me to become well acquainted with Africans recently imported from Africa. I have seen and had in my charge many hundreds of them. I have also seen the Africans in the custody of the marshal of the district of Connecticut, except the small children.

I have examined them and observed their language, appearance, and manners, and I have no doubt of their having been very recently brought from What does Domiciliated mean?. To one of them I spoke, and repeated a Mohammedan form of prayer in the Arabic language; the man immediately recognised the language, and repeated a few words of it after me, and appeared to understand it, particularly the words 'Allah akbar,' or God is great.

The man who was beside this negro I also addressed in Arabic, saying, 'salaam alikoem,' or peace be to you; he immediately, in the customary oriental salutations, replied, 'alikoem salaam,' or peace be on you.

From my knowledge of oriental habits and of the appearance of the newly imported slaves in Cuba, I have no doubt of those negroes of the Amistad being bona fide Bozal negroes, quite newly imported from Africa. Such Africans, long settled in Cuba and acclimated, are called ladinos, and must have been introduced before 1820, and are so called in contradistinction to the term creole, which is applied to the negroes born in the island.

I have seen, and now have before me, a document dated 26th June, 1839, purporting to be signed by Ezpeleta, who is captain-general of the island, to identify which I have put my name to the left-hand corner of the document in presence of the counsel of the Africans; this document, or ' traspasso,' purporting to be a permit granted to Don I.

Ruiz, to export from Havana to Puerto Principe forty-nine negroes, designated by Spanish names, and called therein ladinos, a term totally inapplicable to newly imported Africans. I have seen, and now have before me, another document, dated 22d June, 1839, and signed in the same manner, granted to Don Pedro Montez, for the removal of three negro children from Havana to Puerto Principe, also designated by Spanish names, and likewise called 'ladinos,' and wholly inapplicable to young African children, who could not have been acclimated and long settled in the island, which document I have identified in the same manner as the former.

I further state that the above documents are manifestly inapplicable to the Africans of the Amistad I have seen here and in New Haven; but such documents are commonly obtained by similar applications at the Havana, and by these means, the negroes recently and illegally introduced are thus removed to the different ports of the island, and the danger obviated of their falling in with English cruisers, and then they are illegally carried into slavery.

These barracoons, outside the city walls, are fitted up exclusively for the reception and sale of Bozal negroes; one of these barracoons or slave-marts, called la miserecordia, or 'mercy,' kept by a man, named Riera, I visited the 24th September last, in company with a person well acquainted with this establishment, and the factor or major domo of the master, in the absence of the latter, said to me, that the negroes of the Amistad had been purchased there; that he knew them well; that they had been bought by a man from Puerto Principe, and had been embarked for that place; and speaking of the said negroes, he said, ' che lastima,' or what pity it is, which rather surprised me; the man further explained himself, and said, his regret was for the loss of so many valuable Bozals in the event of their being emancipated in the United States.

What does Domiciliated mean? does Domiciliated mean?, about 17; Ba, 21; Luckawa, 19; Tussi, 30; Beli, 18; Shuma, 26; Nama, 20; Tenquis, 21; the others, I had not time to take a note of their ages. Lawful slaves of the island are not offered for sale generally, nor often placed in the barracoons, or man-marts. The native language of the Africans is not often continued for a long time on certain plantations.

I speak this from a very intimate knowledge of the condition of the negroes in Cuba, from frequent visits to plantations, and journeys in the interior, and, on this subject, I think I can say, my knowledge is as full as any person's can be.

On every other part of the coast where the slave trade is carried on, a barracoon or barracoons must likewise exist.

They are a part of the things necessary to the slave trade, and are for its use only; for instance, What does Domiciliated mean? Matanzas, there is a building or shed of this kind and used for this purpose.

As to the mixed commission, once the negroes clandestinely introduced are landed, they no longer have cognizance of the violation of the treaty; the governor has cognizance of this and every other bearing of the Spanish law on Spanish soil. This head-money has not the sanction of any Spanish law for its imposition, and the proof of this is, it is called a voluntary contribution. That the barracoons are public markets where all descriptions of slaves are sold and bought; that the papers of the Amistad are What does Domiciliated mean?, and are in the usual form; that it was not necessary to practise any fraud, to obtain such papers from the proper officers of the government; that none of the papers of the Amistad are signed by Martiner, spoken of by R.

Madden in his deposition; that he Martiner did not hold the office from whence that paper issued. The documents exhibited as the passports of the Spanish authorities at Havana, and other papers relating to the Amistad, and her clearance from Havana, were also annexed to the decree of the Circuit Court, in the original Spanish. What does Domiciliated mean? these Africans were from Africa. Never saw them until now.

I could talk with them. They appeared glad, because they could speak the same language. I could understand all but two or three. They say, they from Lumboko; three moons. They all have Mendi What does Domiciliated mean?, and their names all mean something; Carle, means bone; Kimbo, means cricket. They speak of rivers which I know; said they sailed from Lumboko; two or three speak different language from the others; the Timone language.

Say-ang-wa rivers spoken of; these run through the Vi country. I learned to speak English at Sierre Leone. Was put on board a man-of-war, one year and a half. They all agree as to where they sailed form. I have no doubt they are Africans. I have been in this country six months; came in a British man-of-war; have been in this town New Haven four months, with Mr. Bishop; he calls on me for no money, and do not know who pays my board.

I was stolen by a black man, who stole ten of us. One man carried us two months' walk. Have conversed with Sinqua; Barton has been in my town, Gorang. I was sailing for Havana when the British man-of-war captured us. Gilpin, Attorney General, for the United States, reviewed the evidence, as set out in the record, of all the facts connected with the case, from the first clearance of the schooner Amistad at Havana on the 18th May, 1838, down to the 23d January, 1840, when the final decree of the District Court of the United States for the district of Connecticut, was rendered.

The Attorney General proceeded to remark that, on the 23d January, 1840, the case stood thus: the vessel, cargo and negroes were in possession of the marshal, under process from the District Court, to answer to five separate claims; those of Lieutenant Gedney, and Messrs. Ruiz and Montez were merged; that of the Spanish vice-consul, for the slave Antonio, to be restored to the Spanish owner; and that of Messrs. Tellincas, and Aspe and Laca, for the restoration of a part of the cargo belonging to them.

The decree of the District Court found, that the vessel and the goods on board were the property of the Spanish subjects, and that the passports under which the negroes were shipped at Havana were signed by the Governor General of Cuba. It denied the claims of Lieutenant Gedney, and Messrs. Green and Fordham to salvage on the slaves, but allowed the claims of the officers and crew of the Washington to salvage on the Amistad, and on the merchandise on board of that vessel.

It also decreed that the residue of the goods, and the vessel, should be delivered to the Spanish minister, to be restored to the Spanish owners, and that the slave Antonio should be delivered to the Spanish vice-consul for the same purpose. As to the negroes claimed by Ruiz and What does Domiciliated mean?, it dismissed the claims What does Domiciliated mean?

those persons on the ground, that they were included under that of the minister of Spain. The libel of the United States claiming the delivery of the negroes to the Spanish minister was dismissed on the ground that they were not slaves, but were kidnapped and imported into Cuba, and that, at the time they were so imported, there was a law of Spain declaring persons so imported to be free. The alternative prayer of the United States claiming the delivery of the negroes, to be transported to Africa, was granted.

At the succeeding term of the Circuit Court, the negroes moved that the appeal of the United States might be dismissed on the ground that they had no interest in the negroes, and also on the ground that they had no right to prosecute claims to property in behalf of subjects of the Queen of Spain.

That motion, however, was refused by the Circuit Court, which proceeded to affirm the decree of the District Court on the libel of the United States. It is from this decree of the Circuit Court that the present appeal to the Supreme Court is prosecuted. Was the decree of the Circuit Court correct? The state of the facts, as found by the decree and not denied, was this: the vessel and the goods on board were the property of Spanish subjects in Havana on the 27th June, 1839.

At that time, slavery was recognised and in existence in the Spanish dominions. The negroes in question are certified, at that time, in a document signed by the Governor General of Cuba, to be ladinos negroes -- that is, slaves -- the property of Spanish subjects.

As such, permission is given by the Governor General, to their owners, to take them by sea to Puerto Principe in the same island. The vessel, with these slaves, thus certified, on board, in charge of their alleged owners, regularly cleared and sailed from Havana, the documentary evidence aforesaid, and the papers of the vessel being also on board.

During this voyage, the negroes rose, killed the master, and took possession of the vessel. On the 26th August, the vessel, cargo, and negroes were rescued and taken on the high seas by a public officer of the United States, and brought into a port of the United States, where they await the decision of the judicial tribunals.

If so, have the United States a right to interpose in the manner they have done, to obtain its restoration to the Spanish owners? If these inquiries result in the affirmative, then the decree of What does Domiciliated mean? Circuit Court was erroneous, and ought to be reversed. It is submitted, that there has been due and sufficient proof concerning the property, to authorize its restoration.

It is not denied, that, under the laws of Spain, negroes may be held as slaves as completely as they are What does Domiciliated mean? any of the states What does Domiciliated mean? this Union; nor will it be denied, if duly proved to be such, they are subject to restoration, as much as other property, when coming under the provisions of this treaty. Now, these negroes are declared, by the certificates of the Governor General, to be slaves, and the property of the Spanish subjects therein named.

That officer 1 White's New Rec. It is within the scope of his authority to declare what is property and what are the rights of the subjects of Spain within his jurisdiction in regard to property.

Now, in the intercourse of nations, there is no rule better established than this: that full faith is to be given to such acts -- to the authentic evidence of such acts. The question is not whether the act is right or wrong; it is whether the act has been done, and whether it is an act within the scope of the authority.

We are to inquire only whether the power existed, and whether it was exercised, and how it was exercised, not whether it was rightly or wrongly exercised. The principle is universally admitted that wherever an authority is delegated to any public officer, to be exercised at his discretion, under his own judgment, and upon his own responsibility, the acts done in the appropriate exercise of that authority are binding as to the subject matter.

Nor is it to be supposed that so important a principle would not be recognised by courts of justice. They have held that, whether the act of the foreign functionary be executive, legislative, or judicial, it is, if exercised within its appropriate sphere, binding as to the subject matter, and the authentic record of such act is full and complete evidence thereof.

In the case of1 Cranch 170, this court held that a commission was conclusive evidence of an executive appointment, and that a party from whom it was withheld might obtain it through the process of a court as being such evidence of his rights. In the case of2 Pet. In the case of6 Pet. Indeed, nothing can be clearer than the principles thus laid down, nor can they apply more directly to any case than the present. Here is the authentic certificate or record of the highest officer known to the Spanish law declaring, in terms, that these negroes are the property of What does Domiciliated mean?

several Spanish subjects. We have it countersigned by another of the principal officers. We have it executed and delivered, as the express evidence of property, to these persons. It is exactly the same as that deemed sufficient for the vessel and for the cargo.

Would it not have been complete and positive evidence in the island of Cuba? If so, the principle laid What does Domiciliated mean? by this court makes it such here. But this general principle is strengthened by the particular circumstances of the case. Where property on board of a vessel is brought into a foreign port, the documentary evidence, whether it be a judicial decree or the ship's papers, accompanied by possession, is the best evidence of ownership, and that to which courts What does Domiciliated mean?

justice invariably look. In the case of Bernadi v. Motteux, Douglas 575, Lord Mansfield laid down the rule that a decree of a foreign court was conclusive as to the right of property under it. In that of The Virgilantia, 1 Rob. In that of The Cosmopolite, 3 Rob.

In that of The Sarah, 3 Rob. In that of What does Domiciliated mean? Henrick and Maria, 4 Rob. These principles are fully sustained by our own courts. In the case of2 Dall. It is in this evidence that vessels are generally acquitted or condemned. In that of The Ann Green, 1 Gall. The court there say that as a general rule, they would pronounce for the inadmissibility of such further evidence. So, in that of The Diana, 2 Gall. In that of Ohl v. Eagle Insurance Company, 4 Mason 172, parol evidence was held not to be admissible to contradict a ship's papers.

In that of McGrath v. In that of Catlett v. Phoenix Insurance Company, 8 Johns. Similar principles have been adopted in this Court. In that of2 Wheat. Add to all this the 12th article of the treaty which Spain 1 Laws of United States 270 which makes passports and certificates evidence of property, and the principle may be regarded as established beyond a question that the regular documents are the best and primary evidence in regard to all property on board of vessels.

This is indeed especially the case when they are merely coasting vessels, or such as are brought in on account of distress, shipwreck, or other accident.

The injustice of requiring further evidence in such cases is too apparent to need any argument on the subject. Nor is it a less settled rule of international law that, when a vessel puts in by reason of distress or any similar cause, she is not to be judged by the municipal law. The unjust results to which a What does Domiciliated mean? rule would lead are most apparent. Could we tolerate it that, if one of our own coasters was obliged to put into Cuba, and had regular What does Domiciliated mean?

papers, the courts of that country should look beyond them as to proof of property? If this point be established, is there any difference between property in slaves and other property? They existed as property at the time of the treaty in perhaps every nation of the globe; they still exist as property in Spain and the United States; they can be demanded as property in the States of this Union to which they fly, and where, by the laws, they would not, if domiciliated, be property.

If, then, they are property, the rules laid What does Domiciliated mean? in regard to property extend to them. If they are found on board of a vessel, the evidence of property should be that which is recognised as the best in other cases of property -- the vessel's papers, accompanied by possession. In the case of10 Wheat. It was there conceded Wheat. In the case of Johnson v. In the case of Choat v. And it is well settled that a title to them is vested by the statute of limitations, as in other cases of property.

If, then, the same law exists in regard to property in slaves as in other things, and if documentary evidence from the highest authority of the country where the property belonged, accompanied with possession, is produced, it follows that the title to the ownership of this property is as complete as is required by law. But it is said that this evidence is insufficient because it is, in point of fact, fraudulent and untrue. The ground of this assertion is that the slaves were not property in Cuba at the date of the document signed by the Governor General; because they had been lately introduced into that island from Africa, and persons so introduced were free.

To this it is answered that, if it were so, this Court will not look beyond the authentic evidence under the official certificate of the Governor General; that, if it would, there is not such evidence as this Court can regard to be sufficient to overthrow the positive statement of that document; and that, if the evidence were even deemed sufficient What does Domiciliated mean?

show What does Domiciliated mean? recent introduction of the negroes, it does not establish that they were free at the date of the certificate. This Court will not look behind the certificate of the Governor General. It does not appear to be alleged that it is fraudulent in itself. It is found by the District Court to have been signed by him and countersigned by the officer of the customs.

Now, all the authorities that have been cited show that these documents are received as the highest species of evidence, and that even if there is error in the proceedings on which they are founded. The correction must be made from the tribunal from which it emanates. Where should we stop if we were to refuse to give faith to the documents of public officers? All national intercourse, all commerce, must be at an end. If there is error in issuing these papers, the matter must be sent to the tribunals of Spain for correction.

But if this Court will look behind this paper, is the evidence sufficient to contradict it? The official declaration to be contradicted is certainly of a character not to be lightly set aside in the courts of a foreign country.

The question is not as to the impression we may derive from the evidence, but how far is it sufficient to justify us in declaring a fact in direct contradiction to such What does Domiciliated mean? official declaration. It is not evidence that could be received, according to the established admiralty practice. Again, the principal part of this evidence is not taken under oath. Madden, which is mainly relied upon, is chiefly hearsay, and is contradicted in some its most essential particulars, by that of other witnesses.

Would this Court be justified, on evidence such as this, in setting aside the admitted certificate of the Governor General? Would such evidence, in one of our own courts, be deemed adequate to set aside a judicial proceeding, or an act of a public functionary, done in the due exercise of his office?

How, then, can it be adequate to such an end before the tribunals of a foreign country when they pass upon the internal municipal acts of another government, and when the endeavor is made to set them aside in a matter relating to their own property and people?

But admit this evidence to be competent and sufficient; admit these negroes were brought into Cuba, a few weeks before the certificate was given; still, were they not slaves under the Spanish laws? If they are not, it is on account of some special law or decree. Has such a law been produced in the present case?

The first document produced is the treaty with England of 23d September, 1817. But that has no such effect. It promises, indeed, that Spain will take into consideration the means of preventing the slave trade, and it points out those means so far as the trade on the coast of Africa is concerned. But it carefully limits the ascertainment of any infringement to two special tribunals -- one at Sierra Leone and the other at Havana. Now it is evident that none of these documents shows that these negroes were free in Cuba.

Even had they been taken actually on board of a vessel engaged in the slave trade, they must have been adjudicated upon at one of the two What does Domiciliated mean? courts, and nowhere else. Can this Court, then, undertake to decide this question of property when it has not even been decided by the Spanish courts, and make such decision in the face of the certificate of the highest functionary of the island?

It is submitted, then, that if is this Court does go behind the certificate of the Governor General, and look into the fact whether or not these persons were slaves on the 18th June, 1839, yet there is no sufficient evidence on which they could adjudge it to untrue. If this be so, the proof concerning the property is sufficient to bring the case within the intention and provisions of the treaty.

The next question is did the United States legally intervene to obtain the decree of the court for the restoration of the property in order that it might be delivered to the Spanish owners, according to the stipulations of the treaty? That the property of foreigners, under such circumstances, may be delivered What does Domiciliated mean? the public functionaries is so clearly established by the decisions of this Court that it is unnecessary to discuss the point.

In the case 2 Mason 411-412, 463 of La Jeune Eugenie, there was a libel of the vessel, as in this case, and a claim interposed be the French consul, and also by the owners themselves. The Court there directed the delivery of the property to the public functionary. In that of4 Wheat. In that of10 Wheat. The Court directed their delivery partly to the consul of Spain and partly to the United States. It is thus settled that the public functionaries are entitled to intervene in such cases on behalf of the citizens of their countries.

In the present one, the Spanish minister did so intervene by applying to the United States to adopt, on his behalf, the necessary proceedings, and, upon his doing so, Ruiz and Montez withdrew their separate claims. The United States, on their part, acted as the treaty required. The executive is their agent in all such transactions, and on him devolved the obligation to see this property restored entire if due proof concerning it was made.

The form of proceeding was already established by precedent and by law. The course adopted was exactly that pursued in the case of7 Cranch 116, where a vessel was libelled in a port of the United States. Being a public vessel of a foreign sovereign, which the government was bound What does Domiciliated mean? protect, they intervened exactly in the same way. The libel was dismissed, and the vessel restored to the custody of What does Domiciliated mean?

public officers of France. It is therefore equally clear that the United States, in this instance, has pursued the course required by the laws of nations, and if the court are satisfied on the first point that there is due proof concerning the property, then it ought to be delivered entire, so that it may be restored to the Spanish owners.

From the vessel and cargo, it has deducted the salvage, diminishing them by that amount, and the negroes it has entirely refused to direct to be delivered. Baldwin, for the defendants in error. In preparing to address this honorable Court on the questions arising upon this record in behalf of the humble Africans whom I represent -- contending, as they are, for freedom and for life, with two powerful governments arrayed against them -- it has been to me a source of high gratification, What does Domiciliated mean?

this unequal contest, that those questions will be heard and decided by a tribunal not only elevated far above the influence of executive power and popular prejudice, but, from its very constitution, exempt from liability to those imputations to which a court, less happily constituted or composed only of members from one section of the Union, might, however unjustly, be exposed. This case is not only one of deep interest in itself, as affecting the destiny of the unfortunate Africans whom I represent, but it involves considerations deeply affecting our national character in the eyes of the whole civilized world, as well as questions of power on the part of the government of the United States which are regarded with anxiety and alarm by a large portion of our citizens.

In the remarks I shall have occasion to make, it will be my design to appeal to no sectional prejudices, and to assume no positions in which I shall not hope to be sustained by intelligent minds from the south What does Domiciliated mean? well as from the north. Baldwin here proceeded to state all the facts of the case, and the proceedings in the District and Circuit Courts, in support of the motion to dismiss the appeal.

As no decision was given by the Court on the motion, this part of the argument is, necessarily, omitted. Baldwin continued, if the Government of the United States could appear in any case as the representative of foreigners claiming property in the court of admiralty, it has no right to appear in their behalf, to aid them in the recovery of fugitive slaves, even when domiciled in the country from which they escaped, much less the recent victims of the African slave trade, who have sought an asylum in one of the free states of the Union, without any wrongful act on our part, or for which, as in the case of The Antelope, we are in any way responsible.

The recently imported Africans of the Amistad, if they were ever slaves, which is denied, What does Domiciliated mean? in the actual condition of freedom when they came within the jurisdictional limits of the State of New York.

They came there without any wrongful act on the part of any officer or citizen of the United States. They were under the protection of the laws of a State which, in the language of the Supreme Court, in the case of11 Pet. The recovery What does Domiciliated mean? slaves for their owners, whether foreign or domestic, is a matter with which the executive What does Domiciliated mean? the United States has no concern.

What does Domiciliated mean?

The Constitution confers upon the government no power to establish or legalize the institution of slavery. It recognises it as existing in regard to persons held to service by the laws of the States which tolerate it, and contains a compact between the States obliging them to respect the rights acquired under the slave laws of other States in the cases specified in the Constitution. But it imposes no duty, and confers no power, on the Government of the United States to act in regard to it.

So far as the compact extends, the Courts of the United States, whether sitting in a free State or a slave State, will give effect to it. Beyond that, all persons within the limits of a State are entitled to the protection of its laws.

If these Africans have been taken from the possession of their Spanish claimants, and wrongfully brought into the United States by our citizens, a question would have been presented similar to that which existed in the case of The Antelope. But when men have come here voluntarily, without any wrong on the part of the government or citizens of the United States, in withdrawing them from the jurisdiction of the Spanish laws, why should this government be required to become active in their restoration?

They appear here as freemen. They are in a State where they are presumed to be free. They stand before our Courts on equal ground with their claimants, and when the Courts, after an impartial hearing, with all parties in interest before them, have pronounced them free, it is neither the duty nor the right of the executive of the United States to interfere with the decision.

The question of the surrender of fugitive slaves to a foreign claimant, if the right exists at all, is left to the comity of the States which tolerate slavery. The Government of What does Domiciliated mean?

United States has nothing to do with it. In the letter of instructions addressed by Mr. Adams, when Secretary of State, to Messrs. The condition of the blacks being, in this Union, regulated by the municipal laws of the separate States, the Government of the United States can neither guaranty their liberty in the States where they could only be received as slaves nor control them in the States where they would be recognised as free. It may comport with the interest or feelings of a slave State to surrender a fugitive slave to a foreigner or, at least, to expel him from their borders.

But the people of New England, except so far as they are bound by the compact, would cherish and protect him. To the extent of the compact, we acknowledge our obligation, and have passed laws for its fulfillment.

Beyond that, our citizens would be unwilling to go. A State has no power to surrender a fugitive criminal to a foreign government for punishment, because that is necessarily a matter of national concern. The fugitive is demanded for a national purpose. But the question of the surrender of fugitive slaves concerns individuals merely. They are demanded as property only, and for private purposes.

It is therefore a proper subject for the action of the State, and not of the national authorities. The surrender of neither is demandable of right unless stipulated by treaty.

See, as to the surrender of fugitive criminals, 2 Brock. An overture was once made by the Government of the United States to negotiate a treaty with Great Britain for the mutual surrender of fugitive slaves. But it was instantly repelled by the British Government. It may well be doubted whether such a stipulation is within the treatymaking power under the Constitution of the United States.

But, however this may be, the attempt to introduce it is evidence that, unless provided for by treaty, the obligation to surrender was not deemed to exist. We deny that Ruiz and Montez, Spanish subjects, had a right to call on any officer or Court What does Domiciliated mean? the United States to use the force of the government or the process of the law for the purpose of again enslaving those who have thus escaped from foreign slavery, and sought an asylum here. We deny that the seizure of these persons by Lieutenant Gedney for such a purpose was a legal or justifiable act.

How would it be -- independently of the treaty between the United States and Spain -- upon the principles of our government, of the common law, or of the law of nations? If a foreign slave vessel, engaged in a traffic which by our laws is denounced as inhuman and piratical, should be captured by the slaves while on her voyage from Africa to Cuba, and they should succeed in reaching our shores, have the Constitution or laws of the United States imposed upon What does Domiciliated mean?

judges, our naval officers, or our executive the duty of seizing the unhappy fugitives and What does Domiciliated mean? them up to their oppressors?

Did the people of the United States, whose government is based on the great principles of the revolution, proclaimed in the Declaration of Independence, confer upon the federal executive or judicial tribunals the power of making our nation accessories to such atrocious violations of human rights? Is there any principle of international law or law of comity which requires it?

Are our Courts bound, and if not, are they at liberty, to give effect here to the What does Domiciliated mean? trade laws of a foreign nation, to laws affecting strangers never domiciled there, when to give them such effect would be to violate the natural rights of men? These questions are answered in the negative by all the most approved writers on the laws What does Domiciliated mean?

nations. By the law of France, What does Domiciliated mean? slaves of their colonies, immediately on their arrival in France, become free.

By the law of the State of New York, a foreign slave escaping into that State becomes free. And the Courts of the United States, in acting upon the personal rights of men found within the jurisdiction of a free State, are bound to administer the laws as they would be administered by the State Courts in all cases in which the laws of the State do not conflict with the laws or obligations of the United States. The United States, as a nation, have prohibited the slave trade as inhuman and piratical, and they have no law authorizing the enslaving of its victims.

It is a maxim, to use the words of an eminent English judge in the case of Forbes v. And that the laws of a nation, proprio vigore, have no force beyond its own territories except so far as respects its own citizens, who owe it allegiance, is too familiarly settled to need the citation of authorities. The rules on this subject adopted in the English Court of admiralty are the same which prevail in their Courts of common law, though they have decided in the case of The Louis, 2 Dods.

The principle of amoveas manus, adopted in these cases, has no application to the case of fugitives from slavery. And such a resort is expressly provided in the 20th article of the treaty of 1794 with Great Britain, and in the 26th article of the treaty of 1801 with the French republic, both of which are in other respects similar to the 9th article of the Spanish treaty on which the Attorney General has principally relied.

The 6th article of the Spanish treaty has received a judicial construction in the case of7 Wheat. It can have no application, therefore, to a case like the present.

It appears by the report of the proceedings of the convention 3 Madison Papers 1428 that the first clause of § 9, art. In the case of11 Pet. But could Congress have passed an act authorizing the importation of slaves as articles of commerce into any State in opposition to a law of the State prohibiting their introduction?

If they could, they may now force slavery into every State. For no State can prohibit the introduction of legitimate objects of foreign commerce when authorized by Congress. The United States must be regarded as comprehending free States as well as slave States -- States which do not recognise slaves as property as well as States which do so regard them.

When all speak as a nation, general expressions ought to be construed to mean what all understand to be included in them; at all events, what may be included consistently with the law of nations. The ninth article of the Spanish treaty was copied from the 16th article of the treaty with France, concluded in 1778, in the midst of the war of the Revolution, in which the great principles of liberty proclaimed in the Declaration of Independence were vindicated by our fathers.

Because, if it is taken from those who are rightfully in possession, the capture would be What does Domiciliated mean?, and it would be our duty to restore it. But is it a duty which our naval officers owe to a nation tolerating the slave trade to subdue for their kidnappers the revolted victims of their cruelty?

Could the people of the United States, consistently with their principles as a nation, have ever consented to a treaty stipulation which would impose such a duty on our naval officers? The subject of the delivery of fugitives was under consideration What does Domiciliated mean? and during the negotiation of the treaty of San Lorenzo, and was purposely omitted in the treaty. The Algerine regarded his Spanish captive as property, but was it ever supposed that, if an Algerine corsair should be seized by the captive slaves on board of her, it would be the duty of our naval officers, or our Courts of admiralty, to recapture and restore them?

The phraseology of the entire article in the treaty clearly shows that it was intended to apply only to inanimate things or irrational animals such as are universally regarded as property. There is no provision for the surrender of the pirates themselves. Cinque, the master spirit who guided them, had a single object in view. That object was -- not piracy or robbery -- but the deliverance of himself and his companions in suffering, from unlawful bondage.

They owed no allegiance to Spain. They were on board of the Amistad, by constraint. Their object was to free themselves from the fetters that bound them in order that they might return to their kindred and their home.

I n so doing, they were guilty of no crime for which they could be held responsible as pirates. Suppose they had been impressed American seamen who had regained their liberty in a similar manner -- would they in that case have been deemed guilty of piracy and murder?

Not in the opinion of Chief Justice Marshall. The act of impressing a American is an act of lawless violence. The confinement on board a vessel is a continuation of that violence, and an additional outrage.

The United States, as a nation, is to be regarded as a free State. Hence, whenever our government have intended to speak of negroes as property in their treaties, they have been specifically mentioned, as in the treaties with Great Britain of 1783 and 1814. And it was for the same reason that it was deemed necessary, in the Constitution, to insert an express stipulation in regard to fugitives from service. The law of comity would have obliged each State to protect and restore property belonging to a citizen of another without such stipulation; but it would not have required the restoration of fugitive slaves from a sister State unless they had been expressly mentioned.

In the interpretation of treaties, we ought always to give such a construction to the words as is most consistent with the customary use of language, most suitable to the subject, and to the legitimate powers of the contracting parties, most conformable to the declared principles of the government; such a construction as will not lead to injustice to others, or in any way violate the What does Domiciliated mean?

of nature. These are, in substance, the rules of interpretation as given by Vattel, b. The construction claimed in behalf of the Spanish libelants in the present case is at war with them all. Would the people of the United States, in 1819, have assented to such a treaty? Would it not have furnished just ground of complaint by Great Britain as a violation of the 10th article of the treaty of Ghent? But even if the treaty, in its terms, were such as to oblige us to violate towards strangers the immutable laws of justice, it would, according to Vattel, impose no obligation.

The law of nature What does Domiciliated mean? the law of nations bind us as effectually to render justice to the African as the treaty can to the Spaniard. Before a foreign tribunal, What does Domiciliated mean? parties litigating the question of freedom or slavery stand on equal ground. And in a case like this, where it is admitted that the Africans were recently imported, and consequently never domiciled in Cuba, and owe no allegiance to its laws, their rights are to be determined by that law which is of universal obligation -- the law of nature.

If, indeed, the vessel in which they sailed had been driven upon our coast by stress of weather or other unavoidable cause, and they had arrived here in the actual possession of their alleged owners, and had been slaves by the law of the country from which they sailed, and where they were domiciled, it would have been a very different question whether the Courts of the United States could interfere to liberate them, as was done at Bermuda by the colonial tribunal in the case of The Enterprise.

These preliminary questions have been made on account of the important principles involved in them, and not from any unwillingness to meet the question between the Africans and their claimants, upon the facts in evidence and on those alone, to vindicate their claims to freedom. Suppose, then, the case to be properly here; and that Ruiz and Montez, unprejudiced by the decree of the Court below, were at liberty to take issue with the Africans upon their answer, and to call upon this Court to determine the question of liberty or property, how stands the case on the evidence before the Court?

The Africans, when found by Lieutenant Gedney, were in a free State, where all men are presumed to be free, and were in the actual condition of freemen. The burden of proof, therefore, rests on those who assert them to be slaves. When they call on the Courts of the United States to reduce to slavery men who are apparently free, they must show some law, having force in the place where they were taken, which makes them slaves, or that the claimants are entitled in our Courts to have some foreign law, obligatory on the Africans as well as on the claimants, enforced in respect to them, and that, by such foreign law, they are slaves.

It is not pretended that there was any law existing in the place where they were found which made them slaves, but it is claimed that, by the laws of Cuba, they were slaves to Ruiz and Montez, and that those laws are to be here enforced. But before the laws of Cuba, if any such there be, can be applied to affect the personal status of individuals within a foreign jurisdiction, it is very clear that it must be shown that they were domiciled in Cuba.

It is admitted What does Domiciliated mean? proved in this case that these negroes are natives of Africa, and recently imported into Cuba. Their domicil of origin is consequently the place of their birth -- in Africa. And the presumption of law is always that the domicil of origin is retained until the change is proved. The What does Domiciliated mean? of origin prevails until the party has not only acquired another but has manifested and carried into execution an intention of abandoning his former domicil and acquiring another as his sole domicil.

As it is the will or intention of the party which alone determines what is the real place of domicil which he has chosen, it follows that a former domicil is not abandoned by residence in another if that residence be not voluntarily chosen. Those who are in exile or in prison, as they are never presumed to have abandoned all hope of return, retain their former domicil. That these victims of fraud and piracy -- husbands torn from their wives and families -- children from their parents and kindred -- neither intended to abandon the land of their nativity nor had lost all hope of recovering it, sufficiently appears from the facts on this What does Domiciliated mean?.

It cannot, surely, be claimed that a residence, under such circumstances, of these helpless beings, for ten days, in a slave barracoon before hey were transferred to the Amistad changed their native domicil for that of Cuba. Such a law is not to be presumed, but the contrary.

Comity would seem to require of us to presume that a traffic so abhorrent to the feelings of the whole civilized world is not lawful in Cuba. These respondents, having been born free and having been recently imported into Cuba, have a right to be everywhere regarded as free until some law obligatory on them is produced authorizing their enslavement.

Neither the law of nature nor the law of nation, authorizes the slave trade, although it was holden in the case of The Antelope that the law of nations did not at that time actually prohibit it.

If they are slaves, then it must be by some positive law of Spain existing at the time of their recent importation. No such law is exhibited. On the contrary, it is proved by the deposition of Dr. Madden, one of the British commissioners resident at Havana, that, since the year 1820, there has been no such law in force there -- either statute or common What does Domiciliated mean?.

We are willing to assume the burden of proof. On the 14th of May, 1818, the Spanish government, by their minister, What does Domiciliated mean? to the Government of the United States that the slave trade was prohibited by Spain, and by express command of the King of Spain, Don Onis communicated to the president of the United States, the treaty with Great Britain of September 23d, 1817, by which the King of Spain, moved partly by motives of humanity and partly in consideration of four hundred thousand What does Domiciliated mean?

sterling paid to him by the British Government for the accomplishment of so desirable an object, engaged that the slave trade should be abolished throughout the dominions of Spain on the 30th May, 1820. By the ordinance of the King of Spain of December, 1817, it is directed that every African imported into any of the colonies of Spain in violation of the treaty shall be declared free in the first port at which he shall arrive. Such, then, being the laws in force in all the dominions of Spain, and such the conceded facts in regard to the nativity and recent importation of these Africans, upon what plausible ground can it be claimed by the Government of the United States that they were slaves in the Island of Cuba and are here to be treated as property, and not as human beings?

The only evidence exhibited to prove them slaves are the papers of the Amistad giving to Jose Ruiz permission to transport forty-nine ladinos belonging to him from Havana to Puerto Principe, and a like permit to Pedro Montez to transport three ladinos.

For one of the four Africans claimed by Montez the boy Ka-lethere is no permit at all. The only questions which can arise between an individual claiming a right under the acts done, and the public or any person denying its validity, are power in the officer and fraud in the party. For, in the first place, there was no jurisdiction over these newly imported Africans, by the laws of Spain, to make them slaves, any more than if they had been What does Domiciliated mean?

men. The ordinance of the King declared them free. Secondly, there was no intentional exercise of jurisdiction over them for such a purpose by the officer who granted the permits.

And thirdly, the permits were fraudulently obtained, and fraudulently used, by the parties claiming to take benefit of them. For the purposes for which they are attempted to be applied, the permits are as inoperative as would be a grant from a public officer, fraudulently obtained, where the State had no title to the thing granted, and the officer no authority to issue the grant.

How can our Courts do What does Domiciliated mean?, when Spanish subjects call upon them to enforce rights which, if they exist at all, must exist by force of Spanish laws? For what purpose did the government of Spain communicate to the government of the United States the fact of the prohibition of the slave trade unless it was that it might be known and acted upon by our Courts? Suppose the permits to Ruiz and Montez had been granted for the express purpose of consigning to perpetual slavery these recent victims of this prohibited trade, could the government of Spain now ask the Government or the Courts of the United States to give validity to the acts of a colonial officer in direct violation of that prohibition, and thus make us aiders and abetters in what we know to be an atrocious wrong?

It may be admitted that, even after such an annunciation, our cruisers could not lawfully seize a Spanish slaver, cleared out as such What does Domiciliated mean?

the governor of Cuba; but, if the Africans on What does Domiciliated mean? of her could effect their own deliverance and reach our shores, has not the Government of Spain authorized us to treat them with hospitality, as freemen? Could the Spanish minister, without offence, ask the Government of the United States to seize these victims of fraud and felony, and treat them as property, because a colonial governor had thought proper to violate the ordinance of his King in granting a permit to a slaver?

But, in this case, we make no charge upon the Governor of Cuba. A fraud upon him is proved to have been practised by Ruiz and Montez. He never undertook to assume jurisdiction over these Africans as slaves, or to decide any question in regard to them.

He simply issued, on the application of Ruiz and Montez, passports for ladino slaves from Havana to Puerto Principe. When, under color of those passports, they fraudulently put on board the Amistad Bozals who, by the laws of Spain, could not be slaves, we surely manifest no disrespect to the acts of the Governor by giving efficacy to the laws of Spain and denying to Ruiz and Montez the benefit of their fraud.

As between the government and the shippers, it would be evidence, if the negroes described in the passport were actually put on board and were, in truth, the property of Ruiz and Montez, that they were legally shipped, that the custom-house forms had been complied with, and nothing more. But, in view of facts as they appear and are admitted in the present case, the passports seem to have been obtained by Ruiz and Montez only as a part of the necessary machinery for the completion of a slave voyage.

It is a remarkable circumstance that, though more than a year has elapsed since the decree of the District Court denying the title of Ruis and Montez and pronouncing the Africans free, not a What does Domiciliated mean? of evidence has since been produced in support of their claims. And yet, strange as it may seem, during all this time, not only the sympathies of the Spanish minister, but the powerful aid of our own Government have been enlisted in their behalf!

It was the purpose of the reporter to insert the able and interesting argument of Mr. It has not been received. As many of the points presented by Mr. Gilpin, the Attorney General, in reply. The judiciary act, which gives to this Court its powers so far as they depend on the legislature, directs that, on an appeal from the decree of an inferior Court, this Court shall render such judgment as the Court below did, or should have rendered. It is to obtain from it such a decree What does Domiciliated mean?

this case that the United States present themselves here as appellants. At the threshold of their application, the right so to present themselves is denied.

They are to be turned away as suitors having no claim to such interposition. The argument has gone a step farther; it seems now to be contended that their appearance in the Court below, What does Domiciliated mean?

was not then objected to, is to be regarded as destitute of right equally with their present appearance here. They are not even mere interlopers, seeking justice without warrant; they are dictators, in the form of supplicants, and their suggestions to the Court, and their application for its judgment upon solemn and important questions of fact are distorted by an ingenious logic which it is difficult to follow.

In what situation is the case when it is first presented to the notice of the Government of the United States? In this situation, the executive government, thus appealed to and thus informed, looks to its treaty stipulations, the most solemn and binding compacts that nations know among each other, and the obligations of which can never be treated lightly so long as good faith forms the first duty of every community. This treaty, with these provisions thus solemnly and carefully framed, was renewed in 1819; was declared to be still in existence and force.

No clause is introduced to vary the nature or character of the merchandise; none to lessen or change the obligations, as would have been the case had any such change been contemplated; but the two treaties, having the final date of 1821, bear the character of a single instrument. Now these are stipulations too clear to be misunderstood, too imperative to be wantonly neglected. Could we not ask of Spain the fulfillment of every one of them towards our own citizens?

If so, were we not bound at least to see that, through some public functionary or by some means in which nations fulfil mutual obligations, they were performed by us to the subjects of Spain whenever the casus foederis should arise? Did it arise in this case? The case then had arisen where it was the duty of the United States, as parties to this treaty, to interfere and see that its stipulations were performed.

How were they to interfere? Certainly, at the instance of the executive, through the medium of the judiciary, in whose custody and under whose control the property claimed already was. The questions incident to due and sufficient proof of property are clearly judicial questions; but when that property is already in the custody and under the jurisdiction of a Court, they are so, from necessity, as it is desirable they always should be, from choice.

This position, never denied, was eloquently urged by the counsel of these negroes when they first addressed the executive on the subject Cong. He interposed, at the instance of the Spanish minister, to fulfil a treaty stipulation by causing a suggestion to be filed in the Court which had already taken cognisance of the subject matter, and which had the property in its custody.

That suggestion stated the allegation of the Spanish minister that this was property which ought to be restored under the treaty; prayed in effect an inquiry of the Court into that fact; and requested such a decree, after such inquiry, as might enable the United States, as a nation, to fulfil their treaty obligations to the Spanish nation.

As if such charges were felt to be insufficient, an attempt is made, by argument, to prove that the Government of the United States had no right thus to interpose -- no right to make this suggestion to the District Court. It is said, because there is no law giving this power, and it cannot be implied; because in a question of private property, it must be left to the What does Domiciliated mean?

alone to prosecute their rights, and the parties in this case were already doing so for themselves; and because it was an interference and encroachment of the executive on the province of the Court not sanctioned by any precedent. These are the grounds that have been taken, and it might be sufficient to say that, although every one of them existed in as full force when the case was tried in the District Court, none of them was there taken; although every one of them was known before the plea and answer of the respondents, they started none of these objections.

After the decree and judgment of the Court below, it is too late to start them. But there is nothing in them, whenever What does Domiciliated mean?. The executive government was bound to take the proper steps for having What does Domiciliated mean? treaty executed, and these were the proper steps. A treaty is the supreme law; the executive duty is especially to take care that the laws be faithfully executed; no branch of this duty is more usual or apparent than that which is executed in connection with the proceedings and decrees of Courts.

What special assignment, by act of Congress, has What does Domiciliated mean? made of the executive duties in the fulfillment of laws through the decrees and judgments of the judiciary? Yet it is matter of daily occurrence. What gives the district attorney a right to file his libel against a package of goods which the law says shall be forfeited on proof being made that they are falsely invoiced, any more than to file his libel against a vessel and her cargo which a treaty a still higher law declares shall be restored on proof concerning the property thereof?

In the one case, it is the execution of a law by an executive officer through the medium or in connection with the Courts; in the other case, it is the execution of a treaty in a similar manner. These principles are clearly stated by this Court in the case of1 Cranch 103, and more fully in that of13 Pet. As to its being a question of private property which the parties might themselves prosecute, it is not perceived how this impairs the right, or even lessens the obligation, of the United States to interfere to the extent and in the manner they did, especially when solicited by the minister representing these parties; they appear on behalf, or at the instance, of a foreign sovereignty in alliance with them, which assumes itself the rights and interests of the parties; those parties withdraw, as this record expressly shows, when they so appear; no act of theirs occurs, What does Domiciliated mean?

the interposition of the United States, at the instance of the Spanish minister, and it is expressly stated that they so withdrew because their claims were merged in that which was thus presented.

This appearance of the United States is not, as has been argued, a substitution of themselves as parties in interest; it is a substitution under a treaty obligation; a substitution assumed in their public character to perform a public duty, by means of which the further prosecution of the individuals is as the treaty intended it should be rendered unnecessary. Besides, what is there to show that all the parties having an interest in this property were before the Court?

It is nowhere so stated; and if they were not, the objections totally fail. How this What does Domiciliated mean? is an interference by the executive with the Court; how it is an encroachment on the judicial department; how it is a dictation to the Court, or advice to it to do its duty, it is difficult to conceive; and therefore difficult to reply to such constructions of What does Domiciliated mean?

act, analogous to the conduct of every proceeding in a Court rendered necessary to or imperative upon the executive in the execution of the laws. If this libel, so definite in what it alleges and what it asks, founded on the official request of a public functionary, and intended to obtain the execution of a definite What does Domiciliated mean?

obligation, be an infringement of judicial authority, it will be scarcely possible for a district attorney hereafter to file an information or present an indictment. In fact, every case of a libel filed by the United States soliciting the examination and decree of a Court in rem is a precedent so far as any principle is concerned.

But the cases of The Exchange, The Cassius, and The What does Domiciliated mean? are not to be distinguished on any ground. What does Domiciliated mean? were cases of property in Court, under libels of private suitors; the United States interposed under their obligations to foreign powers. That those obligations were general, not arising by special treaty provisions, makes the cases less strong. It is said that the property in litigation in those cases was to be delivered to the sovereign; is this property less in that position when it is asked for by the representative of the sovereign?

The Eugenia was delivered to the consul of France that it might be proceeded against in rem, if desired. In the forms of proceeding by the United States, and in the decrees, everything resembles what has been done or sought for in this case.

But, in fact, every What does Domiciliated mean? of interposition of foreign functionaries, consuls, and others affords a precedent. They have no right of property. They are no parties in interest. They interpose in behalf of the citizen. Did not this Court, in the case of6 Wheat. So, in the case of10 Wheat. It will hardly be denied that, where the foreign functionary may thus come into our Courts to prosecute for the party in interest, our own functionaries may What does Domiciliated mean?

the same. As to the case of Nash, Bee, 266, it clearly sustains, so far as the course of proceeding by means of the judiciary is concerned, the What does Domiciliated mean? and duty of the executive thus to interpose. This was an application for the restoration of a criminal under treaty stipulations. If this were so as What does Domiciliated mean?

persons, it is at least equally so in regard to property. In respect to both, proof is to be made; without proof, neither the restoration of the one nor the other What does Domiciliated mean?

be effected; that proof is appropriately made to, and passed upon by, the judicial tribunals; but, as the execution of the treaty stipulation is vested in the executive, if the case is proved to the satisfaction of the judiciary, its interposition, so far as is necessary to that end, forms a proper part of the judicial proceedings. It seems clear, then, that these objections to the duty of the executive to interpose where the property to be restored is in the custody of the Court cannot be sustained either by principle or authority.

And such appears to be the sentiment of the counsel for the appellees, from the zeal with which they have pressed another argument to reach the same end. That argument is that the United States could not interpose, because the Spanish minister What does Domiciliated mean? had asked for the restoration of the What does Domiciliated mean? as property, and because, if he had, he had sought it solely from the executive department, and denied the jurisdiction of the Court.

Now suppose this were so; it would be a sufficient answer to say that, independent of the request of the foreign functionary, the United States had a treaty obligation to perform, which they were What does Domiciliated mean?

to perform, and that, if a request in regard to its performance was made upon grounds not tenable, this did not release the United States from their obligation on grounds which, as they knew, did properly exist. But, in point of fact, the Spanish minister did, from the first, demand these negroes as property belonging to Spanish subjects which ought to be restored as property under the treaty of 1795. What does Domiciliated mean?

have been culled from the letters of Mr. Argaiz to show that their surrender as criminals was only sought for, but the correspondence, taken together, bears no such construction. It is true, they were demanded as criminals; the alleged crime had been committed on Spanish subjects, and on board of a Spanish ship; by the law of nations and by the judgment of this Court, such a case was within Spanish jurisdiction.

To make the request, however, is a matter of constant occurrence; What does Domiciliated mean? sustain it by appeals to the law of nations as conferring a right is usual; we have, in our own government, asked for such extradition at the very time we have denied the existence of the obligation. That the Spanish minister should, therefore, request the delivery of these persons as criminals, that he should sustain his request as one consonant to the law of nations, is not in the least a matter of surprise.

But did that interfere with his demand for them also as property? There is no reason why it should do so, and the correspondence shows that it did not, in point of fact. The very first letter of Mr. Calderon that of 6th September, 1839, quoted and commented upon by the counsel for the appellees, commences with a reference to the treaty stipulation as one of the foundations and causes of his application.

It is his imperious duty, he says, to claim an observance of the law of nations, and of the treaties existing between the United States and Spain. Then follow, throughout the letter, repeated references to the double character of the demand for the slaves -- references which it seems What does Domiciliated mean?

possible to misconceive.

What does Domiciliated mean?

Argaiz, in his letter of the 26th November 1839, evidently pursues the same double demand -- that they should be surrendered under the treaty as property and that they are also subject to delivery as criminals. If there were a doubt as to his meaning, it must be removed by observing his course on the passage of the resolutions adopted unanimously by the American Senate on the 15th of April last. 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 What does Domiciliated mean?

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 circumstances. On the passage of these resolutions so evidently referring to the slaves as property, adopted in relation to the slaves What does Domiciliated mean?

into Bermuda and there set free, Mr. Argaiz claimed, for the owners of the slaves on board the Amistad, the application of the same rules. To complete the chain of evidence derived from the correspondence, we have a letter addressed by him to the Secretary of State on the first moment that the allegation of the request being for their delivery as criminals was made official, by the motion of the appellees lately filed in this Court -- we have a note to the Secretary of State explicitly renewing his demand in the double relation.

It is evident then that there was a clear, distinct, and formal request on the part of the Spanish minister for the delivery of these negroes, by virtue of the treaty, as the property of Spanish subjects. This fact it has been endeavored to establish from the correspondence because it has been alleged that the executive of the United States has given a construction to the request of the Spanish minister at variance with that stated in the libel of the district attorney.

As to any legal bearing on the case, it does not appear to be material. So far as the Courts of justice are concerned, no principle is better settled than that, in relation to the political operations of the government, the judiciary adopts the construction given to their own acts and those of foreign representatives by the proper executive departments.

The opinion of this Court to that effect What does Domiciliated mean? apparent in the decisions already cited in the cases of The Peggy and the Suffolk Insurance Co. Lee, the whole matter was received, with special reference to the construction of treaties, it was solemnly and deliberately affirmed. To obtain a different view, we must indeed pick out sentences separate from their context, and give to particular phrases a meaning not consistent with the whole scope of the documents in which they are found.

But, as if the allegation that the Spanish minister never required the restoration of these slaves as property under the treaty was not to be clearly established by the correspondence, it is endeavored to be sustained by the fact that he refused to submit to the judgment of the Court as definitive of the rights of Spain and her subjects under the treaty.

How this refusal changes the character of his demand, on the one hand, or the proper mode of proceeding by the executive, on the other, it is not easy to perceive. No nation looks, in its intercourse under a treaty with another, to any but the executive government.

Every nation has a right to say with what act she will be satisfied as fulfilling a treaty What does Domiciliated mean?, the other party to the treaty reserving the same right.

Has not our executive, over and over again, demanded redress for acts sanctioned by decrees of foreign tribunals? Have we not sought that redress by applications made directly to their executives? Has it ever been heard that the claims of American citizens for redress from foreign governments are precluded because foreign Courts have decided upon them? Such has not been the case, in point of fact, and such is not the course authorized by the law and adopted in the intercourse of nations.

To say, therefore, that Spain would not recognise a decree of a Court which should award her less than the treaty, in her opinion, stipulated she should receive does not, as it must appear, affect in any manner whatever the rights under it or the mode of proceeding to be adopted by our own executive. With the latter, the course was plain. The matter was already before the judiciary, a component and independent branch of the government to which it appropriately belonged.

Its action is calmly waited for as affording the just and only basis of ultimate decision by the executive. With what justice may be well tested by placing another government in the position of our own.

Let us recollect that there is among nations, as among men, a golden rule: let us do to them, as we wish them to do to us; let us ask how we would have our own minister and representative in a foreign land to act by us, if we were thrown in like manner on a foreign shore -- if a citizen of South Carolina, sailing to New Orleans with his slaves, were thus attacked, his associates killed, himself threatened with death, and carried for months in a vessel scarcely seaworthy, beneath a tropical sum.

Should we blame the American minister who had asked the interposition of the Courts? Should we blame the foreign government that facilitated that interposition? Look at the case of the negroes carried to Bermuda; have we there -- as we are now denounced for not doing -- have we there gone as private suitors into the Courts, or have we sought redress as nations seek it for their citizens?

The value of the slaves was paid not to the individuals, but to our own government, who took their business upon themselves exactly as the Spanish minister has assumed that of Ruiz and Montez. Let us then be just; let us not demand one mode of proceeding for ourselves and practise another towards those who have an equal right to claim similar conduct at our hands.

The Attorney General then proceeded to reply to the position of the counsel What does Domiciliated mean? the appellees that, whatever might be the right of the United States as parties to the proceedings in the district and Circuit Courts, they had yet no authority to appeal in such a case from the decrees What does Domiciliated mean? those Courts to this tribunal, and that therefore the present appeal should be dismissed. As no decision was given by the Court on this point, and the argument in support of the motion and on behalf of the appellees has not been reported, that in reply and in behalf of the United States as appellants is also necessarily omitted.

The What does Domiciliated mean? contended for by the Attorney General was that the case was before this Court -- coram judice, and that the case itself, the parties to it, and the mode of bringing it up were all in accordance with the law authorizing appeals. If so, he submitted that this Court had jurisdiction of it, and would revise the decree that had been pronounced by the Circuit Court, which was all that was solicited. That the highest judicial tribunal should pronounce upon the facts set out in this record was all that the executive could desire; they presented questions that appropriately belonged to the judiciary, as the basis of executive action; they related to the rights of property, and the proofs concerning it, and when the decision of that coordinate branch of the government to which the examination of such questions appropriately belonged should be made, the course of executive action would be plain.

The only question, then, that remains to be considered is was the decree erroneous? Now it is submitted that this decree is erroneous because the vessel, cargo, and negroes were all the property of Spanish subjects, rescued from robbers, and brought into a port of the United States, and due proof concerning the property in them was made; that, therefore, the decree should have been that they be delivered to the Spanish owners, or to the Spanish minister for the owners, according to the stipulations of the ninth article of the treaty of 1795.

The vessel and cargo are admitted to be merchandise or property within the meaning of the treaty. Are slaves also property or merchandise, within its meaning? That they are not has been very elaborately argued by the counsel for the appellees; yet it is confidently submitted that, both by the laws of Spain and of the United States, slaves are property, What does Domiciliated mean?

a fair construction of the What does Domiciliated mean? shows that it was intended to embrace every species of property recognised by the laws of the two contracting nations. We are asked for a law to this effect -- a law establishing the existence of slavery in the Spanish dominions.

It might be sufficient to say that what is matter of notorious history will be recognised by this Court without producing a statutory regulation, but the royal decree of 1817, which promulgates the abolition of the foreign slave trade, refers What does Domiciliated mean? to the existence of slavery in the Spanish Indies, and this Court, in many of its adjudications, has recognised its existence.

If slaves, then, were property by the laws of Spain, it might be justly concluded that, even if they were not so recognized by the United States, still they are property within the meaning of the treaty, because the intention of the treaty was to protect the property of each nation. But, in fact, slaves were, and are, as clearly recognised by them to be property as they ever were by Spain. Our citizens hold them as property, buy and sell them as property, legislate upon them as property.

State after State has been received into this Union with the solemn and What does Domiciliated mean? assent of the national legislature, whose Constitutions, previously submitted to and sanctioned by that legislature, recognise slaves as merchandise, to be held as such, carried as such from place to place, and bought and sold as such.

To this it is answered that if no other What does Domiciliated mean? could be adduced, these acts of the national government are evidence that it has done so. The Constitution of the United States leaves to the States the regulation of their internal property, of which slaves were, at the time it was formed, a well known portion. It also guarantied and protected the rights of the States to increase this property, up to the year 1808, by importation from abroad.

How then can it be said that this government, as a government, never has recognised this property? But if slaves be not so regarded, by what authority did the general government demand indemnity for slaves set free in Bermuda by the British Government? Is not this an act, recent in date and deliberate in conduct, showing the settled construction put upon slaves as property.

Is not the resolution of the Senate the unanimous resolution a declaration that slaves, though liberated as persons, and so adjudged by a foreign Court, are, in fact, by the law of nations, property if so allowed to be held in the country to which the owner belongs? But it is contended that, although they may have been recognised as property by the two nations, they were not such property as was subject to restoration by the treaty. Now to this it may be answered, in the first place, that every reason which can be suggested for the introduction of What does Domiciliated mean?

treaty stipulations to protect and restore property applies as fully to slaves as to any other. It is, in States where slavery exists, a valuable species of property; it is an object of traffic; it is transported from place to place.

Can it be supposed that What does Domiciliated mean? citizen of Virginia, sailing to New Orleans with his slaves, less needs the benefit of these treaty stipulations for them than for any other property he may have on board if he is carried into a port of Cuba under any of the adverse circumstances for which the treaty was intended to What does Domiciliated mean?

But, again, is not the treaty so broad and general in its terms that one of the contracting parties has no right to make an exclusion of this property without the assent of the other? Was not a slave a kind of merchandise, then recognized as such by each nation and allowed to be imported into What does Domiciliated mean?

nation by their respective laws? Is it possible to imagine that, if a new policy was to be adopted, there would not have been an express stipulation or change in regard to this as there was in regard to other articles of the old treaty? If further proof were wanting, it would be found in the fact that the executive authorities of both nations at What does Domiciliated mean? and unequivocally considered the terms of the treaty as extending to slave property.

Independently of the authority which this decision on the political construction of a treaty will have with this Court What does Domiciliated mean? the principles it has laid down, it may be regarded as strong evidence of the intentions of the contracting parties, and when we see our own government and the Senate of the United States seriously examining how far a similar case is one that falls within the class of international obligations independent of treaty, we may give to its deliberate judgment in the proper construction of this treaty the highest weight.

That the acts committed by the negroes amount to piracy and robbery seems too clear to be questioned. Every ingredient necessary to constitute a crime, thus defined, is proved What does Domiciliated mean? the present case. It was the intention of the treaty that whenever, by an act of piracy, a vessel and property were run away with -- taken from the owners who are citizens of the United States or Spain -- it should, if it came into the possession of the other party, be kept by that party and restored entire.

If they are property, they are property rescued from pirates, and are to be restored if brought by the necessary proof within the provisions of the treaty. Is there any doubt as to the identity of these slaves?

Are they proved to have been slaves, owned by Spanish subjects? They are negroes in a country where slavery exists, passing from one port of the Spanish dominions to another in a regularly documented coasting vessel, and they are proved to be, at the time they leave Havana, in the actual possession of the persons claiming to be their owners. So far as all the prima facie evidence extends, derived from the circumstances of the case at that time, they may be regarded as slaves as much as the negroes who accompany a planter between any two ports of the United States.

This, then, is the first evidence of property -- their actual existence in a State of slavery and in the possession of their alleged owners in a place where slavery is recognised and exists by law.

It has already been shown by reference to the laws of Spain that the powers of a Governor General in a Spanish colony are of a most plenary character. That his powers are judicial, was expressly recognised by this Court in the case What does Domiciliated mean?

Pet. If such are the powers of this officer, and if this be a document established as emanating from him, it must be regarded as conclusive in a foreign country. These rules are essential to international intercourse. Could it be tolerated that, where vessels on a coasting voyage from one port of a country to another are driven, without fault of their own, to take refuge in the harbor of another country, the authentic evidences of property in their own country are to be disregarded?

That foreign Courts are to execute the municipal laws of another country according to their construction of them? Can it be that the Courts of this country will refuse to recognise the evidence of property which is recognised and deemed sufficient in the country to which that property belongs? We have unquestionable evidence that such documents as these are regarded as adequate proofs of property in Cuba.

But it is said this certificate is a mere passport, and no proof of property. To this it is replied that it is recognised as the necessary and usual evidence of property, as appears by the testimony referred to. It is true, it is a passport for Ruiz, but it is not a mere personal passport; it is one to take property with him, and it ascertains and describes that property. But we are told it must be regarded as fraudulent by this Court, and the grounds on which this assertion is made are the evidence adduced to show that these negroes have been imported into Cuba from Africa since the treaty between Great Britain and Spain.

Is this evidence legal and sufficient to authorize this Court to declare the What does Domiciliated mean?

fact for which it is vouched -- that the negroes were imported into Cuba contrary to law? If it be sufficient for this, does such illegal importation make the negroes free men in the island of Cuba? If it does, will this Court declare the certificate to be null and void, or leave that act to the decision of the appropriate Spanish tribunals?

In the argument submitted on the part of the United States in opening the case, the nature of this evidence has been commented upon. It is such chiefly as is not legal evidence in the Courts of the United States. Now the question is not as to the impression derived from such evidence, but it is whether, on What does Domiciliated mean?

not legally sufficient, the declaration of a competent foreign functionary will be What does Domiciliated mean? aside? Yet it is apparent that these were admissions not of facts known to themselves, but of impressions derived from evidence which is as much before this Court as it was before them.

To neither one nor the other was the fact in question personally known. It was inferred by them from evidence now for the most part before this Court. But, admitting the fact of the recent importation from Africa, still, nothing has been adduced to controvert the position, taken in opening, that the laws of Spain required, in such a case and even in the case of negroes actually seized on board of a Spanish vessel on her voyage from Africa, a declaration by a Court expressly recognised by Spain, to establish their freedom.

However much we may abhor the African slave trade, all nations have left to those in whose vessels it What does Domiciliated mean? carried on the regulation and punishment of it. The extent to which Spain was willing to permit any other nation to interpose where her vessels or her subjects were concerned is carefully determined in this very treaty. The principal witness of the appellees expressly admits that, when negroes are landed, though in known violation of the treaty, it is a subject to be disposed of by the municipal law.

Now it is not pretended here that, even if these negroes were unlawfully introduced, they have been declared free. Can, then, this Court adjudge that these negroes were free in the island of Cuba, even if the fact of their recent importation be proved? Much more can they assume to do it by putting their construction on a treaty not of the United States, but between two foreign nations, a treaty which What does Domiciliated mean? nations have What does Domiciliated mean?

sole right to construe and act upon for themselves? But, if satisfied that the Governor General has been imposed upon, and the documents fraudulently obtained, still, is the fraud to be punished and the error to be rectified in our Courts, or in those of Spain? Are not these the principles by which we would require other nations to be governed when our citizens are charged in a foreign country with a breach of our own municipal laws?

And is it not productive of the same result? Do we doubt that the Courts and officers of Spain will justly administer her own laws?

Will this Court act on the presumption that the tribunals of a foreign and friendly nation will fail to pursue that course which humanity, justice, and the sacred obligations of their own laws demand? If slaves by the laws of Spain, they were so on board of a Spanish vessel as What does Domiciliated mean? as on her soil, and will it be asserted that the same acts in the What does Domiciliated mean? of Cuba would have made them free?

This will hardly be contended. No What does Domiciliated mean?, recognising slavery, admits the sufficiency of forcible emancipation. In what respect were these slaves, if such by the laws of Spain, released What does Domiciliated mean? slavery by their own acts of aggression upon their masters any more than a slave becomes free in Pennsylvania who forcibly escapes from his owner in Virginia? For this Court to say that these acts constituted a release from slavery would be to establish for another country municipal regulations in regard to her property; and not that only, but to establish them directly in variance with our own laws, in analogous cases.

If the negroes in this case were free, it was because they were not slaves when What does Domiciliated mean? on board the Amistad, not because of the acts What does Domiciliated mean? committed by them. It is submitted, then, that so far as this Court is concerned, there is sufficient evidence concerning this property to warrant its restoration pursuant to the provisions of the treaty with Spain, and that therefore the judgment of the Court below should be reversed, and a decree made by this Court for the entire restoration of the What does Domiciliated mean?.

This is the case of an appeal from the decree of the Circuit Court What does Domiciliated mean? the district of Connecticut, sitting in admiralty.

The leading facts, as they appear upon the transcript of the proceedings, are as follows: on the 27th of June, 1839, the schooner L'Amistad, being the property of Spanish subjects, cleared out from the port of Havana, in the island of Cuba, for Puerto Principe, in the same island.

On board of the schooner were the master, Ramon Ferrer, and Jose Ruiz and Pedro Montez, all Spanish subjects. The former had with What does Domiciliated mean? a negro boy What does Domiciliated mean? Antonio, claimed to be his slave. Jose Ruiz had with him forty-nine negroes claimed by him as his slaves, and stated to be his property in a certain pass or document signed by the Governor General of Cuba. On the voyage, and before the arrival of the vessel at her port of destination, the negroes rose, killed the master, and took possession of her.

On the 26th of August, the vessel was discovered What does Domiciliated mean? Lieutenant Gedney, of the United States brig Washington, at anchor on the high seas at the distance of half a mile from the shore of Long Island. A part of the negroes were then on shore, at Culloden Point, Long Island, who were seized by Lieutenant Gedney and brought on board.

The vessel, with the negroes and other persons on board, was brought by Lieutenant Gedney into the district of Connecticut, and there libelled for salvage in the District Court of the United States. A libel for salvage was also filed by Henry Green and Pelatiah Fordham, of Sag Harbor, Long Island. But if it should appear that the negroes were persons transported from Africa in violation of the laws of the United States, and brought within the United States contrary to the same laws, he then prayed the Court to make such order for their removal to the cost of Africa, pursuant to the laws of the United States, as it should deem fit.

On the same day, Antonio G. Vega, the vice-consul of Spain for the State of Connecticut, filed his libel alleging that Antonio was a slave, the property of the representatives of Ramon Ferrer, and praying the Court to cause him to be delivered to the said vice-consul that he might be returned by him to his lawful owner in the island of Cuba. On the 7th of January, 1840, the negroes, Cinque and others, with the exception of Antonio, by their counsel, filed an answer denying that they were slaves or the property of Ruiz and Montez, or that the Court could, under the Constitution or laws of the United States or under any treaty, exercise any jurisdiction over their persons by reason of the premises, and praying that they might be dismissed.

They specially set forth and insisted in this answer that they were native-born Africans, born free, and still, of right, ought to be free, and not slaves; that they were, on or about the 15th of April, 1839, unlawfully kidnapped and forcibly and wrongfully carried on board a certain vessel on the coast of Africa which was unlawfully engaged in the slave trade, and were unlawfully transported in the same vessel to the island of Cuba for the purpose of being there unlawfully sold as slaves; that Ruiz and Montez, well knowing the premises, made a pretended purchase of them; that afterwards, on or about the 28th of June, 1839, Ruiz and Montez, confederating with Ferrer master of the Amistadcaused them, without law or right, to be placed on board of the Amistad, to be transported to some place unknown to them, and there to be enslaved for life; that, on the voyage, they rose on the master and took possession of the vessel, intending to return therewith to their native country, or to seek an asylum in some free State, and the What does Domiciliated mean?

arrived, about the 26th of August, 1839, off Montauk Point, near Long Island; a part of them were sent on shore, and were seized by Lieutenant Gedney, and carried on board; and What does Domiciliated mean? of them were afterwards brought by him into the district of Connecticut. On the 7th of January, 1840, Jose Antonio Tellincas and Messrs. On the same day, all the libelants and claimants, by their counsel, except Jose Ruiz and Pedro Montez whose libels and claims, as stated of record, respectively, were pursued by the Spanish minister, the same being merged in his claimsappeared, and the negroes also appeared by their counsel, and the case was heard on the libels, claims, answers and testimony of witnesses.

On the 23d day of January, 1840, the District Court made a decree. By that decree, the Court rejected the claim of Green and Fordham for salvage, but allowed salvage to Lieutenant Gedney and others on the vessel and cargo of one-third of the value thereof, but not on the negroes, Cinque and others; it allowed the claim of Tellincas and Aspe and Laca, with the exception of the above-mentioned salvage; it dismissed the libels and claims of Ruiz and Montez, with costs, as being included under the claim of the Spanish minister; it allowed the claim of the Spanish vice-consul, for Antonio, on behalf of Ferrer's representatives; it rejected the claims of Ruiz and Montez for the delivery of the negroes, but admitted them for the cargo, with the exception of the What does Domiciliated mean?

salvage; it rejected the claim made by the attorney of the United States on behalf of the Spanish minister for the restoration of the negroes under the treaty, but it decreed that they should be delivered to the president of the United States, to be transported to Africa pursuant to the act of 3d March, 1819.

From this decree, the district attorney, on behalf of the United States, appealed to the Circuit Court, except so far as related to the restoration of the slave Antonio. The claimants, Tellincas, and Aspe and Laca, also appealed from that part of the decree which awarded salvage on the property respectively claimed by them.

No appeal was interposed by What does Domiciliated mean? or Montez, nor on behalf of the representatives of the owners of the Amistad. The Circuit Court by What does Domiciliated mean? mere pro form a decree, affirmed the decree of the District Court, reserving the question of salvage upon the claims of Tellincas, and Aspe and Laca. And from that decree, the present appeal has been brought to this Court. On the part of the United States, it has been contended: 1.

That What does Domiciliated mean? and sufficient proof concerning the property has been made to authorize the restitution of the vessel, cargo, and negroes to the Spanish subjects on whose behalf they are claimed pursuant to the treaty with Spain, of the 27th of October, 1795.

That the United States had a right to intervene in the manner in which they have done to obtain a decree for the restitution of the property upon the What does Domiciliated mean? of the Spanish minister. These propositions have been strenuously denied on the other side.

Other collateral and incidental points have been stated upon which it is not necessary at this moment to dwell. Before entering upon the discussion of the main points involved in this interesting and important controversy, it may be necessary to say a few words as to the actual posture of the case as it now stands before us. In the first place, then, the only parties now before the Court, on one side, are the United States, intervening for the sole purpose of procuring restitution of the property, as Spanish property, pursuant to the treaty, upon the grounds stated by the other parties claiming the property in their respective libels.

The United States do not assert any property in What does Domiciliated mean?, nor any violation of their own rights, or sovereignty or laws, by the acts complained of. They do not insist that these negroes have been imported into the United States, in contravention of our own slave trade acts. They do not seek to have these negroes delivered up for the purpose of being transferred to Cuba, as pirates or robbers or as fugitive criminals found within our territories who have been guilty of offences against the laws of Spain.

They do not assert that the seizure and bringing the vessel and cargo and negroes into port by Lieutenant Gedney for the purpose of adjudication is a tortious act. They simply What does Domiciliated mean? themselves to the right of the Spanish claimants to the restitution of their property upon the facts asserted in their respective allegations.

No question has been here made as to the proprietary interests in the vessel and cargo. It is admitted that they belong to Spanish subjects, and that they ought to be restored. The main controversy is whether these negroes are the property of Ruiz and Montez, and ought to be delivered up; and to this, accordingly, we shall first direct our attention.

It has been argued on behalf of the United States that the Court are bound to deliver them up according to the treaty of 1795 with Spain, which has in this particular been continued in full force by the treaty of 1819, ratified in 1821.

The sixth article of that treaty seems to have had principally in view cases where the property of the subjects of either State had been taken possession of within the territorial jurisdiction of the other during war. The eighth article provides for cases where the shipping of What does Domiciliated mean?

inhabitants of either State are forced, through stress of weather, pursuit of pirates or enemies, or any other urgent necessity, to seek shelter in the ports of the other. There may well be some doubt entertained whether the present case, in its actual circumstances, falls within the purview of this article.

But it does not seem necessary, for reasons hereafter stated, absolutely to decide it. To bring the case within the article, it is essential to establish: 1st, That these negroes, under all the circumstances, fall within the description of merchandise, in the sense of the treaty. If these negroes were, at the time, lawfully held as slaves under the laws of Spain and recognised by those laws as property capable of being lawfully bought What does Domiciliated mean?

sold, we see no reason why they may not justly be deemed, within the intent of the treaty, to be included under the denomination of merchandise, and, as such, ought to be restored to the claimants, for, upon that point, the laws of Spain would seem to furnish the proper rule of interpretation. But, admitting this, it is clear, in our opinion that neither of the other essential facts and requisites has been established in What does Domiciliated mean?, and the onus probandi of both lies upon the claimants to give rise to the casus foederis.

It is plain beyond controversy, if we examine the evidence, that these negroes What does Domiciliated mean? were the lawful slaves of Ruiz or Montez or of any other Spanish subjects. They are natives of Africa, and were kidnapped there, and were unlawfully transported to Cuba in violation of the laws and treaties of Spain and the most solemn edicts and declarations of that government. By those laws and treaties and edicts, the African slave trade is utterly abolished; the dealing in that trade is deemed a heinous crime; and the negroes thereby introduced 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 a full knowledge of all the circumstances. And so cogent 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 case.

The supposed proprietary interest of Ruiz and Montez is completely displaced if we are at liberty to look at the evidence or the admissions of the district attorney. If then, these negroes are not slaves, but are kidnapped Africans who, by the laws of Spain itself, are entitled to their freedom, and were kidnapped and illegally carried to Cuba, and illegally detained What does Domiciliated mean?

restrained on board the Amistad, there is no pretence to say that they are pirates or robbers. Nor do the libels of Ruiz or Montez assert them to be such. This posture of the facts would seem, of itself, to put an end to the whole inquiry upon the merits. But it is argued on behalf of the United States that the ship and cargo and negroes were duly documented as belonging to Spanish subjects, and this Court have no right to look behind these documents; that full faith and credit is to be What does Domiciliated mean?

to them; and that they are to be held conclusive evidence in this cause even although it should be established by the most satisfactory proofs that they have been obtained by the grossest frauds and impositions upon the constituted authorities of Spain. To this argument we can in no wise assent. There is nothing in the treaty which justifies or sustains the argument. We do not here meddle with the point whether there has been any connivance in this illegal traffic on the part of any of the colonial authorities or subordinate officers of Cuba because, in our view, such an examination is unnecessary, and ought not to be pursued unless it were indispensable to public justice, although it has been strongly pressed at the bar.

What we proceed upon is this -- that, although public documents of the government accompanying property found on board of the private ships of a foreign nation certainly are to be deemed prima facie evidence of the facts which they purport to State, yet they are always open to be impugned for fraud, and whether that fraud be in the original obtaining of these documents or in the subsequent fraudulent and illegal use of them, when once it is satisfactorily established, it overthrows all their sanctity and destroys them What does Domiciliated mean?

proof. Fraud will vitiate any -- even the most solemn -- transactions, and an asserted title to property founded upon it is utterly void.

The very language of the ninth article of the treaty of 1795 requires the proprietor to make due and sufficient proof of his property. And how can that proof be deemed either due or What does Domiciliated mean?

which is but a connected and stained tissue of fraud? This is not a mere rule of municipal jurisprudence. This rule is familiarly applied, and, indeed, is of everyday's occurrence in cases of prize, in the contests between belligerents and neutrals, as is apparent from numerous cases to be found in the reports of this Court, and it is just as applicable to the transactions of civil intercourse between nations in times of peace.

If a private ship, clothed with Spanish papers, should enter the ports of What does Domiciliated mean? United States claiming the privileges and immunities and rights belonging to the bona fide subjects of Spain under our treaties or laws, and she should, in reality, belong to the subjects of another nation which was not entitled to any such privileges, immunities, or rights, and the proprietors were seeking, by fraud, to cover their own illegal acts under the flag of Spain, there can be no doubt that it would be the duty of our Courts to strip off the disguise and to look at the case according to its naked realities.

In the solemn treaties between nations, it can never be presumed that either State intends to provide the means of perpetrating or protecting frauds, but all the provisions are to be construed intended to be applied to bona fide transactions.

The 17th article of the treaty with Spain, which provides for certain passports and certificates as evidence of property on board of the ships of both States, is, in its terms, applicable only to cases where either of the parties is engaged in a war.

This article required a certain form of passport to be agreed upon by the parties and annexed to the treaty; it never was annexed, and therefore, in the case of6 Wheat. It is also a most important consideration in the present case, which ought not to be lost sight of, that, supposing these African negroes not to be slaves, but kidnapped and free negroes, the treaty with Spain cannot be obligatory upon them, and the United States are bound to respect their rights as much as those of Spanish subjects.

The conflict of rights between the parties under such circumstances becomes positive and inevitable, and must be decided upon the eternal principles of justice and international law. A fortiori, the doctrine must apply where human life and human liberty are in issue, and constitute the very essence of the controversy.

The treaty with Spain never could have intended to take away the equal rights of all foreigners who should contest their claims before any of our Courts to equal justice, or to deprive such foreigners of the protection given them by other treaties or by the general law of nations.

Upon the merits of the case, then, there does not seem to us to be any ground for doubt that these negroes ought to be deemed free, and that the Spanish treaty interposes no obstacle to the just assertion of their rights.

There is another consideration growing out of this part of the case which necessarily rises in judgment. It is observable that the United States, in their original claim, filed it in the alternative to have the negroes, if slaves and Spanish property, restored to the proprietors, or, if not slaves, but negroes who had been transported from Africa in violation of the laws of the United States and brought into the United States contrary to the same laws, then the Court to pass an order to enable the United States to remove such persons to the coast of Africa, to be delivered there to such agent as may be authorized to receive and provide for them.

At a subsequent period, this last alternative claim was not insisted on, and another claim was interposed omitting it, from which the conclusion naturally arises that it was abandoned. The decree of the District Court, What does Domiciliated mean?, contained an order for the delivery of the negroes to the United States, to be transported to the coast of Africa under the Act of the 3d of March, 1819, ch.

The United States do not now insist upon any affirmance of this part of the decree, and, in our judgment, upon the admitted facts, there is no ground to assert that the case comes within the purview of the act of 1819, or of any other of our prohibitory slave trade acts. These negroes were never taken from Africa, or brought to the United States, in contravention of those acts. In this view of the matter, that part of the decree of the District Court is unmaintainable, and must be reversed.

The view which has been thus taken of this case upon the merits under the first point renders it wholly unnecessary for us to give any opinion upon the other point, as to the right of the United States to intervene in this case in the manner already stated.

We dismiss this, therefore, as well as several minor points made at the argument. As to the claim of Lieutenant Gedney for the salvage service, it is understood that the United States do not now desire to interpose any obstacle to the allowance of it if it is deemed reasonable by the Court. It was a highly meritorious and useful service to the proprietors of the ship and cargo, and such as, by the general principles of maritime law, is always deemed a just foundation for salvage.

The rate allowed by the Court does not seem to us to have been beyond the exercise of a sound discretion under the very particular and embarrassing circumstances of the case. Upon the whole, our opinion is that the decree of the Circuit Court, affirming that of the District Court, ought to be affirmed except so far as it directs the negroes to be delivered to the President, to be transported to Africa in pursuance of the Act of the 3d of March 1819, and, as to this, it ought to be reversed, and that the said negroes be declared to be free, and be dismissed from the custody of the Court, and go without What does Domiciliated mean?.

This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the district of Connecticut, and was argued by counsel. It is, therefore, ordered, adjudged, and decreed by this Court that the decree of the said Circuit Court be, and the same is, hereby affirmed except as to the part aforesaid, and, as to that part, that it be reversed, and that the cause be remanded to the Circuit Court with directions to enter, in lieu of that part, a decree that the said negroes be, and are hereby, declared to be free, and that they be dismissed from the custody of the Court, and be discharged from the suit, and go thereof quit without day.

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