Editing United States v. The Amistad (section)

===Spanish argument===
Secretary of State Forsyth requested from the Spanish minister, Chevalier de Argaiz, "a copy of the laws now in force in the island of Cuba relative to slavery."<ref name="Congress"/> In response, the [[Captaincy General of Cuba|Captain General of Cuba]] sent Argaiz "everything on the subject, which had been determined since the treaty concluded in 1818 between Spain and England."<ref name="Congress"/> The minister also expressed dismay that the Africans had not already been returned to Spanish control.<ref name="Congress"/>

The Spanish maintained that none but a Spanish court could have jurisdiction over the case. The minister stated, "I do not, in fact, understand how a foreign court of justice can be considered competent to take cognizance of an offence committed on board of a Spanish vessel, by Spanish subjects, and against Spanish subjects, in the waters of a Spanish territory; for it was committed on the coasts of this island, and under the flag of this nation."<ref name="Congress"/> The minister noted that the Spanish had recently turned over American sailors "belonging to the crew of the American vessel 'William Engs,'" whom it had tried by request of their captain and the American consul. The sailors had been found guilty of mutiny and sentenced to "four years' confinement in a fortress."<ref name="Congress"/> Other American sailors had protested, and when the American ambassador raised the issue with the Spaniards, on March 20, 1839, "her Majesty, having taken into consideration all the circumstances, decided that the said seamen should be placed at the disposition of the American consul, seeing that the offence was committed in one of the vessels and under the flag of his nation, and not on shore."<ref name="Congress"/> The Spaniards asked how if America had demanded that the sailors in an American ship be turned over to them despite being in a Spanish port, they could now try the Spanish mutineers.

The Spaniards held that just as America had ended its importation of African slaves but maintained a legal domestic population, so too had Cuba. It was up to Spanish courts to determine "whether the Negroes in question" were legal or illegal slaves under Spanish law, "but never can this right justly belong to a foreign country."<ref name="Congress"/>

The Spaniards maintained that even if it was believed that the Africans were being held as slaves in violation of "the celebrated treaty of humanity concluded between Spain and Great Britain in 1835," it would be a violation of "the laws of Spain; and the Spanish Government, being as scrupulous as any other in maintaining the strict observance of the prohibitions imposed on, or the liberties allowed to, its subjects by itself, will severely chastise those of them who fail in their duties."<ref name="Congress"/>

The Spaniards pointed out that by American law, the jurisdiction over a

<blockquote>vessel on the high seas, in time of peace, engaged in a lawful voyage, is, according to the laws of nations, under the exclusive jurisdiction of the State to which her flag belongs; as much so as if constituting a part of its own domain. ...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 belonging 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.<ref name="Congress"/></blockquote>

The Spaniards demanded that the U.S. "apply these proper principles to the case of the schooner ''Amistad''."<ref name="Congress"/>

The Spanish were further encouraged that their view would win by U.S. Senator [[John C. Calhoun]] and the Senate's Committee of Foreign Relations on April 15, 1840, issuing a statement announcing complete "conformity between the views entertained by the Senate, and the arguments urged by the [Spanish Minister] Chevalier de Argaiz" concerning ''La Amistad''.<ref name="Congress"/>