a
warrant, and is not even signed by the President in his official
capacity. It is a mere order.

"'The Marshal of the United States for the District of
Connecticut will deliver over to Lieut. John S. Paine,
of the United States Navy, and aid in conveying on board
the schooner Grampus, under his command, all the
negroes, late of the Spanish schooner Amistad, in his
custody, under process now pending before the Circuit
Court of the United States for the District of
Connecticut. For so doing, this order will be his
warrant.

"'Given under my hand, at the city of Washington, this
7th day of January, A.D. 1840.

"'M. VAN BUREN.

"'By the President:

"'JOHN FORSYTH, Sec. of State.'

"That order is good for nothing at all. It did not even describe
the Court correctly, under whose protection those unfortunate
people were. And on the 11th of January, the District Attorney
had to send a special messenger, who came, it appears, all the
way to Washington in one day, to inform the Secretary that the
negroes were not holden under the order of the Circuit Court,
but of the District Court. And he says, 'Should the pretended
friends of the negroes'--the pretended friends!--'obtain a writ
of Habeas Corpus, the Marshal could not justify under that
warrant.' And he says, 'the Marshal wishes me to inquire'--a
most amiable and benevolent inquiry--'whether in the event of a
decree requiring him to release the negroes, or in case of an
appeal by the adverse party, it is expected the Executive
warrant will be executed'--that is, whether he is to carry the
negroes on board of the Grampus in the face of a decree of the
Court. And he requests instructions on the point."

On the 12th of January, the very next day after the letter of the
District Attorney was written at New Haven, the Secretary of State
replies in a despatch which is marked 'confidential.'

"'[CONFIDENTIAL.]

"'DEPARTMENT OF STATE, Jan. 12,1840.

"'SIR,--Your letter of the 11th inst. has just been received.
The order for the delivery of the negroes of the Amistad is
herewith returned, corrected agreeably to your suggestion. With
reference to the inquiry from the Marshal, to which you allude,
I have to state, by direction of the President, that if the