Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-15
THE UNITED STATES AND SPAIN.

The following Letters from the Secretary OF
State to the United States Consul at Havana, show
the views of the Administration in regard to the
prisoners who have been taken by the Spanish
Government:
DEPARTMENT OF stats,
Washington, May 81, 1850.
SIR Your dispatches of the als, 22d, two of the 2sh
February 7h and 9Th March, three Of the sh three OF the
l7th of the 10th and 9th of April, 9Th, 10th, 9Th,
18th, and ed of May, $780, have been received.
The duties dsvovng upon you in consequence OF the fate
Of the hostile expedition against Cuba will require the exer
else of all the prudence and mness which can command
II is the Presidents determination 10 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 the expedition contrary to the existing
laws. Whist actuated BY this spirit of good faith towards
neghbo however, the President expects that the Spanish
authorities will not allow themselves to be msed by exulta-
ton vengeance nure, in their persons or 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 agans the laws and in
deed might render impcticable prevent further viola
peril 10 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 consider your functions
in any respect diplomatic You WILL however, be vgiant
in ascertanpg 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
if in any instance this shall be refused you will report the
fact the Department order that the Spanish Government
may be held accountable ~ . r... "'
Foreigners detected board American vessel equipped
and armed for invasion of the territory of friendly nation,
cannot be allowed to use flag fraud conceal their
purposes, to protect them in the act of invasion.
It true that the 18th article of treaty with Spain of
1875 Declares i is also agreed that the same Liberty &c
extended to persons who board free ship, that
although they be enemies to either party they shall be
made prisoners, taken of that free ship unless they
soldiers and in actual service of the enemies This stpuIa
ton expressly acknowledges the right of Spain take armed
enemies out of the United States vessels Inasmuch how
this right may be abused the Of any abuse
Of that character coming to your knowledge, you will take
suitable steps for obtaining redress. .# t@
In general the protection Of Governments is due to those
'ny who them allegiance. If, therefore, any PERSONS
lot czens of the United States shall have been arrested
nave no right to your interposition in their behalf
There may, indeed be in which humanity might re-
lue and would warrant the exerton Of your personal good
offices to the lives of individuals. Still would not be
advisable to interfere to this without reasonable
prospect of success and the expediency Of any interference
will demand the exercise of your best discretion.
am, sir, very respectfully your obedient servant,
j.. >. JOHN M. CLAYTON. "
To ROBERT B. CAMPBELL, ESQ. -