“ They must show, by positive evidence, that those persons were slaves according to the laws of Spain, and that they had a right to carry them from one colony to another, by those laws. Foreign laws are matters of fact, and as such, must be proved, according to the rules of evidence applicable to them, whether written or unwritten. (3.) It was not meant to be contended, that the United States acquired any sovereignty or jurisdiction over the Spanish territory, by its temporary occupation. ”

“ Be this as it may, the language of the acts of 1800 and 1818, leaves no reasonable doubt, that the intention of the Legislature was to prevent citizens of, or residents within, the United States, from affording any facilities to this trade, although they should have no interest or property in the slaves themselves, and although they should not be immediately instrumental to the transportation of them from their native country. ”

“ The United States were not at war with Spain; and even if they had been, the occupation of the Spanish territory by their arms would not change the jurisdiction, until its possession was confirmed by a treaty of peace. #fnb [2] But, according to our municipal constitution, even if the territory had been ceded by treaty, it would require an act of Congress to apply the laws of trade for its government. (3.) The slave act of 1800, c. 205., does not affect the slaves transported, unless they belong to the owner of the vessel. ”

“ Upon the strictest rules which govern in Courts of common law, objections to the regularity of the process, to enforce an appearance, would be considered as removed by the appearance of the party, and pleading to the merits. ”