y
constituting part of the cargoes of the Spanish ships Santissima
Trinidad and St. Andre, and alleged to be unlawfully and piratically
taken out of those vessels on the high seas by a squadron consisting of
two armed vessels, the Independencia del Sud, and the Altravida, under
the command of Don Diego Chator, who sailed under a commission from the
Government of the United Provinces of the Rio de la Plata--that
Government having been, or being a dependency of Spain, and its
independence not having been acknowledged by Spain or by the United
States. Tazewell was employed by the Spanish Consul, M. Chacon, whose
person is so familiar to our older citizens; and he gained the case in
the Federal District and Circuit Courts, following it, contrary to his
usual custom, to the Supreme Court. The case was argued in 1822, Winder
and Ogden for the appellants, and Tazewell and Webster for the
appellees. The questions involved were points of the law of prize, and
are too technical for this presence; but the speech of Tazewell,
condensed and mutilated as it is in the report, is an admirable specimen
of argument on purely legal topics which were to be worked out in the
new political relations of the world, and to be settled by the law of
nations. He gained the case in all the courts. John Randolph attended
the trial in Washington, and was evidently alarmed at the trepidation
which was always visible in Tazewell's manner on arising to address a
court in a great case, and especially in a new scene, and felt some
misgivings about the result. The trepidation, however, soon passed away;
and when Tazewell proceeded to establish point after point, and was in
the full headway of his argument--a large audience, consisting of the
ablest lawyers and statesmen of the Union, watching every syllable that
fell from his lips, and following him through the mazes of his mighty
plea--Randolph could restrain himself no longer, but said in a tone
audible to those about him: "_I told you so--I told you so; Old Virginny
never tires._"
It is known that Mr. Pinkney was engaged for the appellants; and much
interest was excited at the approaching contest between two men whose
peculiar province was the law of admiralty; but before the appointed
time, Pinkney was summoned to another and higher tribunal; and among
those who deplored the loss which our whole country suffered in his
death, none was more sincere than Mr. Tazewell. A friend, who had heard
the curren
|