Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-15
DspAprmyNr OF STATE,

prisoners who have been taken by the Spanish
Government:
F.. ..... -.. DEPARTMENT OF STATE,
. Washington, May 81, 1850.
Sra Your dispatches of the 2s, a2d two of the 2sth
February 7h and 9Th March, three Of the sth three Of the
18th, of the 18th and 9Th of April 9th, 10th, 18th,
18th, and ED ofMay, 1850, have been received
The duties dsvolvng upon you in consequences OF the fate
OF the hostile expedition agans, Cuba will require the exer-
else of all the prudence and mness which you can
is the Presidents determination sustain the honor OF this
Government by the faithful discharge of our obligations to-
wards Spain For this purpose, prosecutions will be com
menced against any persons within Jurisdiction who may
have been concerned in the expedition contrary the existing
laws Whist actuated by this spirit of good faith towards
our neghbo however the President expects that the Spanish
authorizes will not allow themselves be misled by exulta
ton vengeance nue in their persons property any
of citizens in Cuba against whom probable cause of
proceeding may exist and he demands that those who
be charged with guilt shall have fair trial different
would be feeling in this country which
might defeat the administration of justice towards such per-
may be arrested for offending again the laws and in
deed might render it impacticable to prevent further viola
tons Of those laws to extent much likely to result in
peril to Spanish dominion 10 that island.
But, although your duties will be arduous and deli
cate you will bear in mind that they be such strictly
belong ohe Consular character under the law of nations The
Spanish Government has refused to consider your functions
in any respect diplomatic You WILL however be vigilant
in ascertainng who, among your counymen in your Con-
sular district charged with crimes against the sovereignty
of Spain. You will that they have fair trial, and
in any instance this shall be refused you will report the
fact the Department order that the Spanish Government
may be held accountable. s- #
Foreigners detected on board an American vessel equipped
of
cannot be allowed to flag fraud to conceal their
purposes, to protect them in the act of invasion.
II is true that the 18th article of our treaty with Spain of
1875 declares, is also agreed that the same Liberty be
extended to persons who board free ship that
although they be enemies to either party, they shall not be
made prisoners taken of that free ship unless they
soldiers and in actual service of the enemies This stpula
ton expressly acknowledges the right of Spain take armed
enemies of the United States vessels Inasmuch how.
ever this right may be abused in the Of any abuse
that character coming your knowledge you will take
suitable steps for obtaining redress.
In general the protection of Governments is due to those
nly who them allegiance If, therefore, any persons
lot citizens of the United States shall have been arrested
pon charge of being concerned in the expedition they will
lave no right to interposition in their behalf
There may, indeed, be in which humanity might
uire and would warrant the exeron Of your personal good
IL
advisable to interfere this extent without reasonable
Of and the expedency of any interference
will demand the exercise of your best discretion.
am, sir, very respectfully, your obedient servant
...... JOHN M. CLAYTON.
To ROBERT B. CAMPBELL, Esq. Fl
49,: ..a... DEPARTMENT OF STATE,
~'...r Washington, June !, 1850.
sia From various sources of information, conjecture
that the Spanish authorities Cuba their excessive zeal
punish the invaders of that island, and all connected with
them, while flushed with victory, may possibly forget the diff
ference between crime and the intention 10 commit it. and
wreak their vengeance American citizens either native or
naturazs not guilty of any Of invasion or depreciation
upon Spanish territory 1t is said and believed here that
such arrested island the coast of
tan, called Contoy, within the territory of Power having
friendly relations with the United States. As all the facts are
not in possession the may have formed Of
the capture, abduction and punishment of these men may
possibly be very erroneous.
But let US suppose that the men captured the Mexican
island were American citizens, and had occupied it. intending
to invade Cuba sill recognise the right of the Spa
nsh authorities to hang, garo shoot them for that iae
ton There yet locus pententg left for every man of
them, and they might have returned the United States
guilty. indeed of violation Of the laws of their own country
but Of nolaw that Of under which SPAN could
nave punished them The intention to commit crime is
per crime Some overt act accompany the intent
design to commit murder is MURDER nor is it, without
some attempt to carry into execution punishable by the
laws of man, however guilty the offender may be in ro con
scientia, and by the ordinances of his Creator
The President claim for The American OCCUPANTS
of the Mexican island that they guilty of any crime
for which, by the laws of civilized nations they should suffer
death. They may have been and probably were guilty of
crimes for which this Government ought, in good faith to
punish them, under the act of Congress 18th April 1873
But supposng the facts relating their capture to be as they
represented to the President resolved that the Eape
must and shall protect them against any punishment but hat
which the tribunals Of their own nation may award
Tell the Count Of Alcoy to send them home to encounter
punishment which, if they honorable men, will be worse
than any he could infic in the indignant owns and denun-
cations Of good men in their country for attempt
violate the faith and honor Of nation which holds its charac
Ter for integrity of value and higher worth than all
the Antilles together. But him in the most friendly
and the spirit Of ancient treaty. that he
usy sheds drop of American blood at this exciting
period, it may cost the two countries a sanguinary war
am exceedingly anxious to ascertain all the facts connect
ed with the capture Of citizens the Mexican island and
their fate Write by every favorable opportunity Keep me
well advised Of every thing progressing in Cuba.
learn this morning that there runo a ,at that more
Americans some say housands have landed on the south
side Of Cuba.
BY this time tie frgae saranac must have joined the Al
bany and Germantown They ought to be aba protect
our coun'rymen who are not guilty OF the invasion.