JOHN TYLER.

WASHINGTON, _February 27, 1843_.

_To the House of Representatives_:

I transmit to Congress sundry letters which have passed between the

Department of State and the Chevalier d'Argaïz, envoy extraordinary and

minister plenipotentiary of Spain near the Government of the United

States, on the subject of the schooner _Amistad_ since the last

communication of papers connected with that case. This correspondence

will show the general grounds on which the Spanish minister expresses

dissatisfaction with the decision of the Supreme Court in that case and

the answers which have been made to his complaints by the Department of

State.

In laying these papers before Congress I think it proper to observe that

the allowance of salvage on the cargo does not appear to have been a

subject of discussion in the Supreme Court. Salvage had been denied in

the court below and from that part of the decree no appeal had been

claimed.

The ninth article of the treaty between the United States and Spain

provides that "all ships and merchandise of what nature soever which

shall be rescued out of the hands of any pirates or robbers on the high

seas shall be brought into some port of either State and shall be

delivered to the custody of the officers of that port in order to be

taken care of and restored entire to the true proprietor as soon as due

and sufficient proof shall be made concerning the property thereof." The

case of the _Amistad_, as was decided by the court, was not a case of

piracy, and therefore not within the terms of the treaty; yet it was a

case in which the authority of the master, officers, and crew of the

vessel had been divested by force, and in that condition the vessel,

having been found on the coast, was brought into a port of the United

States; and it may deserve consideration that the salvors in this case

were the officers and seamen of a public ship.

It is left to Congress to consider, under these circumstances, whether,

although in strictness salvage may have been lawfully due, it might not

yet be wise to make provision to refund it, as a proof of the entire

good faith of the Government and of its disposition to fulfill all its

treaty stipulations to their full extent under a fair and liberal

construction.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler · 第 201 / 403 题