The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-25


censurng his course, confess we see with regret
not only that they keep him in office, but apologize for
him through the columns OF the Republic. because such
a course is at insult to the mourners among
US. whom Spanish buichery has bereaved, and out
rage the public humanity.
The Republic argues that MIR Owen too intelligent to
seek TO excuse his total derecton of duty by pleading
the proclamation in his Defence and nfers that there
must be some /" Misrepresentation" in the whole matter.
Well, them what is Owen kept in Office for Does the
Republic doubt deny tina, his conduct in this affair has
been disgrace TO the American name' Does the Re-
public pretend to have heard from any quarter, the con-
suls own account included that he performed ot OF
his plain official duty in the premises Admitting, what's
not true that the Americans all that the proclamation
announced them to be-robbers plunderers. outlaws or
does the Republic deny that under the express
stpulaons Of the treaty with Span specially insisted on
to meet cases of gravest offence these Americans were
kfully entitled not only fair and deliberate trial under
the forms OF Spanish law, but were also entitled, in
preparation for such trial. have full and free conference
with any counsel notaries or agents, official unofficial
whose services they might require Does the Republic
deny that under this treaty. it was both the clear right
and solemn duty Of the American consul to have demand
ed, in perempiory TERMS no, only free access to the
their general defence and for accurate discrimination OF
the guilt of individual among them Z
And wha, now is Consul Owens mean and wretched
excuse, given in his letter, for doing nothing of all
thsfo standing still, with folded arms and marble heart,
while the gun shots that slaughtered his unarmed
trymen by wholesale, rang in bis What is his
cuse' Why, forsooth, he had time for interference
No time 1t was his business under the treaty to see
- ,haC Cubs n Ii
business tell those authorizes that should take time,
and that if they touched one hair of the head OF any
American citizen without giving that citizen not only
tune, but every other privilege guaranteed 10 him
alleged sndsr by the very words Of the treaty, they did
the deed at their peril And more than his-f, in these
days OF prolonged and thrice repeated presidential pleas
ure-,rps and junkelings. we may say much OF any
wing official wthou, "ou,raging public deceney"-we
would respectfully intimate that that bloody morning
il Consul Ovens duty not 10 lie absd TIL t,.
O'Clock in The day, when the savage shooting match
just ready TO come off
Can any doubt what is the real explanation of ali
this shameful neriness OF the American consul 1t is
10 the proclamaon--lhe proclamation The proclama-
ton forbade him to interfere, by pronouncng any inter
feresee unwarraned The proclamation forbade him to
interfere, by thus in the plaines implication, denouncny
the OF the expedition without the pale both of the
law and the treaty which is the supreme law of the
case. The proclamation forbade him to interfere, by
towering the Cuban authorities 10 say in the teeth of
the treaty, as they did say, that the President OF the
United States had ouiapei these prisoners and left them
to be dealt with Just Concha might choose. We
charge, again and again. was the fatal proclamation
which, unlawfully and prematurey arrogating TO the
President functions plainly judicial, and unlawully
suning TO override and abroga,e the plain words OF
solemn treaty, not only deprived these of legal
trial. but struck the American consul with numb palsy,
and turned American official on foreign shore into
stone statue having that not, and that hear
not, and hands that help not the mseries Of his captive
counirymen Even TO this day il appears he will no, 60
near them in their dungeonl
But, softly whispers the special organ Consul
o wen," though very intelligent man, misapprehended-
certainly "misappt ehsnded"-lhe proclamation Did he
soi Then say to the administration, censure Com.
mander Plst,-censure him il you dare For he puts the
same construction the proclamation tina, Owen did,
and that Concha did and that do, and that everybody
else does, that we know Of excep, The Republic and
perhaps some OF the cabinet Commander Plat tells you
his official despatch OF September lst, from Havana,
that when he visited the prisoners in their jail hey
told distinctly tina, they in the power of the Spanish
government and Aoi nothing could bs done for them as
Americans. inasmueh he PRESIDENTS proclamation had
declared that my persons joining nUadiag force 'ooud
ereby fosu the protection Of he gopernmsni OF The Ua,
ted Siaies."
There you have it all Nothing could be done for
them as Americans Nothing could be done for Them
under the treaty And whyi "IM Prss,deat had de.
eiared' that they had forfeited every right every sort
OF protection or interference Thai Commander
Platrs construction Of your proclamation, and that
his action under IT, Censure him for his course
he plead before his peers your proclamson and
they will sustain and you cannot gansay, his consruc
ton OF it, Nay, more, believe and charge he can
plead your recent tnrucons either TO himself
or to his brother officers Of the Saranac TO both fully
confirming bis view OF the proclamation by subsequent
official Interpretation Of your OWL In any event, bis
position is entirely unlike Ovens because as an officer
of the navy he obey The odes Of the President
and had not the discretionary power which belonged
seee ssarily TO the consul as a civil func,onary.
But Owen had the to exercise hs discretion
ary power. and in the spirit OF PATRIOTISM justice and
humanity take his stand upon the treaty. and tampe
under his fee, the proclamation which unawiuy, usurp
ngy and 10 the boodest issues, assumed 10 set the
treaty al naugbt. H. has thus gone down-hopelessly
do before the patriotic judgment OF the American
people, but he goe. down with the proclamation in bis
hand and he drags the authors OF the proclamation down
with him