In all cases where property and title are proved to be in Spanish subjects, the Treaty is imperative, and at all hazards, it must be surrendered.  The obligations are solemn, and war might be the consequence of a breach of this duty on our part.  I go up to the letter and spirit of the treaty both but I do not step over it, merely because the demand is made by a high contracting power.  The demand must be lawfull.  The Minister has demanded the Schooner, and suppose in point of fact it should turn out that the schooner belonged to a subject of France, instead of Spain, can we deliver it to Spain?  Surely not.  How stands the case here.  The government of Spain, demands of us, under their treaty, a restoration of these negroes, and we ask them for their title.  It is a very well settled principle, here and else where, that the party demanding restoration, must shew his title — This onus probandi lies on him.  Aware of this rule of law, the Spanish claimants send to me their evidence of title.  And what is that document.  A deed — a bill of sale — a transfer?  No.  It is a permit — a License a Passo signed by the Governor General of Cuba for Don Pedro Montes & Don Jose Rues to transport 54 Libenos to Guanaja, and this is all!  This imbraces the whole evidence of property and title both.  In point of fact, these are not Libenoes. They might be lawfully sold and carried to Guanaja.