The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-14
TIE r EPU B Lie.
THE ABDUCTION CASE.
Iran FRANc,sco REV, ALIAS GARCIA.

Before The Hon Geo. Bright. Second Justice Of The
Peocs, and NJ M Cohen, u s. Commissioner.
SIXTH DAY-THuRsDAY, Aug. 2.
The court convened this morning al Is minutes
after 10 O'Clock, all the psrtes being present The
examination was resumed by the witnesses being
called The court mentioned that The Spanish con-
sui had been present, but had retired on account of
indispostion, and would be sent for when required
Attachments were issued for several witnesses
Duqussny aoorn.--Wiiness is employed by the
Spanish consul is chancellor 10 the Spanish consul;
has Ireen employed since January, lS47 has heard
Of Juan Garcia and Fernando z; heard OF them Tor
The first time on the 10Th Of last May.
o. siion In what manner did you hrst near OF
them,
.1ns,rer An srorto was received from Inc cap
tain general OF Havana The srorto was issued by
the tribunal of HI vana, There was another d"cu-
merit with il IN, re was letter giving description
Of these men. The o ec OF the erorfo was TO m
firm the consul that the case was pending against
the individual mentioned in The erorto, and asking
INN for information and assistance.
Tie srorto was sent hack la Havana. The rea-
son il Was sml back Havana IS, that II is custom
airy so 10 do
A letter containing the order from the tribunal OF
Havana was then presented to the witness, who
read Il, concerning " Fernandez, Cevilo Vlaverde
and Juan Garcia the iniler, requesting the Spanish
consul 10 do ali he could 10 bring them to justice
The consul replied to this letter. and addressed the
captain general al Havana. This is the original
copy of the letter written by the consul The wit
n, IS holding paper in his hand. Witness wrote
the letter from these minutes written by the consul,
and afterwards copied il in the letter book. The
prosecution here called for the letter book. The
defence objected 10 it, stating that The original of
the letter written by the consul himself was before
The court
Bv Commissioner why not send for the let
ter book, and let US see if the original and copy
agreei
Mr.. CoIlens Why, if the court please, it will be
taking up The time OF the courI 10 send after the
letter book; besides, the rules do not permit the
cords of The consul 10 be made public; they are
suictly private We offer the original, the best
evidence what more can they desire?
Mr. Larue Sir, ifthis course is proceeded in you
violate all the diplomatic relations existing between
nations. What! have you right to call for the re-
cords of foreign minister, and make him expose
the JoIicy and secrets of his government! Mr..
Larue in speech of some length commended that
the records Of the consul were sacred and could not
be exposed
The U,ui,d States District Attorney replied that he
did not think the prosecution was liable 10 The
charge that they wished TO pry into The secrets OF
the Spanish consul. But he commended that docu-
ment had been offered Ia evidence to prove record,
aud he felt authorized 10 call for il. The document
Oft, red was Uut memorandum, and not the orlg-
nal letter. The original hud been sent to Havana,
and he desired 10 see the copy
Mr. Fotihouze II did not expect this objection
from The gentleman on the other side; II cannot
surely lie urged with seriousness that they have a
right 10 bring here the records of The Spanish con-
sul IL Ia laid DOWN in the I'd look OF Vatte on IN
trrrlational law that where special law exists,
the law OF nations shall he the law. de would re-
fer the gentleman 10 the statutes Of the United
States al large The treaties existing between this
country France, and SPAN. Where is their rghl
To lring into this court the archives OF the Spanish
consul Mr.. Foulhuuze was edurated in Phlladel-
plia. He well remembered the remarks OF all old
Quaker in a case of great excitement, where public
opinion was much against the accused he said
5. You should remember not here TO satisfy
public opinion curiosity, but 10 do justice.
Christ fel victim to public opinion, and the peo-
DIE sholl,d al his cruclhxlon."
u s. District .9uo, ney-l wish to explain my
position. | object TO Tins paper gong before the
court az evidence. We do not want The gentlemen
10 brina the records or books Of the consul here
without they ash 10.
Mr. Pr.air.--l now hold book in my hand TO
show them they have no right whatever 10 call Tor
tn. records of the consul | read from Vatel, vol. J.
o. 300 French edition. regret | cannot speak az
well English my mother tongue.
u. S. Comunis,ioner We'll, sir, speak IN your
mother tongue; we both 1.-THE justice and the com
missionerJ understand and speak French.
NJ, Preaur. Yes, SIR; but wish TO be heard
and well understood by all.
L. 5. Complissioner.-Wh hat has the crowd 10 DC
with il so long a. we understand you
Mr. Hanion.-I prefer that the gentleman speak
the yIrnacular
Mr.. P,eaur proceeded, and, reading from the
hoax made Transactions at different paragraphs IL
aooesred. accnrdmg 10 modern international law,
n IS one Of the duues Of consul to watch the IN
Icrest and rights OF his nniiOn; and the consul,
having charge OF the interest OF his sovereign, Is
accountable Ia HIM for hs actions, and lie Is com
niss,oned by has sovereign and is recognised as
such and lie entitled To projection by tie laws Of
nHtt,,nz The soNe reIgn who agrees 10 receive hn
must protect hun ali the discharge OF his duiy
Ind prutect hiuI "a his privileges and liberties lie
must te tr,t.eted from the criminal Jurlsd ciiun o
th nalIon IN which lie resides, unless ~ the case
Of a conmissl"n Of an enormous crime Ahei
o,ouuy thus far, Mr.. PresUx went or TO prov,
mat the ,ummirsinn Of all enormous crime alone
could affect IN. consul, not mere mIsdemesnor
His person, for such an offence, was lnyiOlaie
and I such case even, he could only be 5ent h"in'
l., hi, sovereign tor punishment Mr. Prenur ihei
r,aJ the ereonaiur OF the Spanish consul, by whict
lac Was recognized a. a consul ~ the Unned Slaiei
L,y the Pr rident, and 10 be treated upon ternIi
.uh tie most favored nations. lie would nov
az "a hat ~ hit this tribunal had 10 call for The re
:, rds Of the Spanish Government m The care sn'
pro,ecliun OF he Spanish consul.
N & CoBp,issiOneT MIR. PreaUI, vii you b
1o,,d enough To reirr 10 the treaty made 10y thu
9,overnmeiit with Slain, exemptIug consul iron
arr.st. excerpt ii case OF high crimes
ny Pr,oGr Yes, sur my collessu e, Mr.. Col
ems ~ hooking for II. know that the treaty exists
and that the consul cannot be made amenable Il
snv tribunal here for a mere mlsdemealior, but Of
ia. contrary, must be projected.
MIR Colens read from the statutes Of the UnIte
states section Of a treaty with France, by vhic
"a. papers of consuls, vice consuls, and their chan
oell,rs or secretaries were held sacred, and entities
10 immunity
Mr.. presux made proposition that the commits
,iouer might ~ himself TO the Spanish consul ant
read the record.
Inc u. s. District Attorney thought that tn
on..tion might he thus settled; but other genueme
I,r the prosecution objected to such a Course
Mr. Warfed COZ tended that the document wa
"a, authenticated, and therefore was no evidence.
Mr.. Reynolds, in a long speech, objected TO W
roposition and characterized II ~ not IN 7mtrieo
prore,dne-this was an American court. lie d
,,ied that the consul came here Of his own accort
-, ,hat he had been forced here 10y writ OF a
rs.t Mr.. r. then quoted ON Kent, to show tn
consul wss regarded only m the light Vi con