The New York herald., 1850-06-06
rl report Che .ct to n, D.p.r.nent in order th.t

VIII report the fact to the Department in order that
the spanish government may be held accountable.
Foreigners detected on board American vessel,
equipped and armed for invasion Of the territory Of
friendly nation, cannot be allowed to dag
rHud TO conceal their purposes or to protect them ia
II is true that the 18th article of our treaty with
Spain OF 1856, declares 1t is also agreed that tho
same liberty be extended to persons who board
free ship go that although they may be enemies 60
either PARTY they shall nc be made prisoners or aken
out Of that free ship unless they soldiers aud in
| actual service of the enemy" This stipulation
presy acknowledges the right os Spain to take armed
mics out Of the United States vessels Inasm nch
however this right may be abused in the event OF
any abuse OF that character coming TO your know
ledge you viii take suitable stepsfor obtaining redress
In general the protection Of the government is due
to those only who their allegiance IT, therefore,
any persons. citizens Of the United States, sh all
have been arrested upon charge Of being concerned
in the expedition they viii have no right to your in
tcryositiOn in their behalf
There may, indeed be cases in which humanity
might require, and would warrant, the exortion Of
your personal good Offices to the lives OF indi-
vdusls. Still il would not DO advisable to interfere
to this ext ut, without reasonable prospect OF
success; and tho expedency of any interference will
demand the exercise Of your best discretion
am, sir, very respectfully, your ob't sert.
(sened) JOHN NJ. CLAYTON.
Mr. Clayten has nights rejection the subject,
ard begins to feel decidedly warlike.
DEPARTMENT OF SrarE,l
W.sHIsGToN, June l, 1850
THE SECRETARY OF STATE To MR. CAMPBELL, CONSUL
AT HAVANA.
Mr. Clayton instructs Mr. Campbell to Impress upon
tho Count OF Alcoy the distinction
who have committed a crime and those captured un-
der the appearances of intention TO commit ~
crime, and reads to him legal argument the sub
! ject, and then he says:-
The President means to claim, for the American
| occupants of the Mexican island that they not
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 of April 20. 1918 But sup
posing the facts relating to their capture to be as
they represented to the President has resolved
that The eagle must and shall protect them against
any punishment but that which the tribunals their
| nation may award. Tell the Count of Alcoy to
send them home, to encounter punishment, which, IL
| they honorable men win be worse than any he
could inilict, in the indignant frowns and denuncia
| tions Of good men in their own country for at
| tempt TO violate the faith aud honor OF a nation
which holds it's character for integrity Of value
| and higher worth than all the Antilles together But
| warn him in the most friendly manner, and in tho
spirit OF ancient treaty, that If ho unjusty
sheds one drop OF American blood. at this exciting
rioj IL may cost the two countries sanguinary war
Dir. Clayton desires to be informed every day of the
state of sfars and has heard that bundrods say
Thousands, Of Invaders have landed the south side
| Of Cuba since the return Of Lopez.
He expects the Congress- the Saranac, and the AL
bsDy at this time ut Cuba and they to be
sidered subject to the protection OF the American
prisoners II they should bs required.