for the delivery of the negroes to Lieut.  Paine.  Although disposing of the lives of forty human beings, it has not the form or solemnity of 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 decision of the Court is such as is anticipated, the order of the President is to be carried into execution, unless an appeal shall actually have been interposed.  YOU ARE NOT TO TAKE IT FOR GRANTED THAT IT WILL BE INTERPOSED. And if, on the contrary, the decision of the Court is different, you are to take out an appeal, and allow things to remain as they are until the appeal shall have been decided.

    I am, sir, your obedient servant