We are bound to believe, that the Ministers of every foreign Country, bring with him, the laws of his sovereign, and is able on the shortest notice to make those laws known to us, where questions may arise. Between nations, it is not required that every matter of form should be strictly complied with. In the intercourse of friendly nations, the substance is all that is required. Why has not the Spanish Minister told us that a law exists, by which Bozal Negroes are slaves in Cuba? Why has he not sent us that law, with his claim? Ample time has been afforded. He knows that the burthen of proof lies with him, and still with holds the law if it does exist!
How can he expect an American Court to decree that these negroes are property, while he omits to produce the evidence which makes them property. In reply it may be said they were in possession of Spanish subjects. But possession is only the indicium of property, and that has been rebutted by the proof that these are Bozal negroes and cannot be made property, by any machinery of sale or transportation.
This brings me the question of title in Montes and Rues who now claim them through their government. Though they do not come to Court, in person, yet they do come in the majesty of their Sovereign. They need not