The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-23

they may judge proper, in all their affairs, and
the latter likewise allowed free access at the
proceedings in the trial of Causes and 20 be pres
ent at the taking of all examinations and evidence
which may be exhibited during said trials.
The treatyis properlyworded, because in civil mat
tiers toregnersare never prohibited from employing
such advocates and agents as they may think h nor
the latter from interfering in those actions where
their presence ia required and this Is likewise the
case in criminal trials; in the latter, however,
there 10 particular course OF proceedings; IN cases
OF high treason there il military process which,
although complete and open upon the whole, does
never allow the interference OF attorneys and ad-
yocates, because, such occasions, there 10 sub
stituted in lieu of these the intervention OF person
TO conduct the Defence designated by the culprii
and this defender has certain powers defined by the
law, time and occasion to present himself and to
discharge his obligations; and 1t ID very certain that
amongst foreigner can be deprived oil this legal
guaranty In the military courts OF iudicature this
the regular course Of proceedings pursued an stni-
lar cases; 10 which, according 10 the provisions OF
the 7lh article, citizens of the United States who
commit crimes of high treason IN this country
must submit. On the other side, Spanish subjects
will be tried in the North American Confederacy
by the tribunals of that country, and in conformity
with the laws and ordinances which are IN force
there because the treaty Is reciprocal, and the
law applicable alike to the subjects and citizens OF
either of the contracting parties. Ihls ID the
natural and true meaning of the 7th article. winch
grants the same rights to North American citizens
that belong in substance to the Spanish citizen,
viz: that of being tried by the constituted tri-
bunal OF the country, and according to the ordl-
nary course of proceedings, defined by the laws
and royal ordinances, without any one having the
least right TO change the order of things in the
established forms of the permanent, executive,
military commission OF this island; aud this the
royal court of judicature considers az the most
suitable reply that could be given TO the inquiries OF
the Governor President. Havana, October 70, 1851
(Let the papers beproduced.) Alameda, oiyares;
revised. Let the opinion of the court asked by the
President which entirely agrees with the statement
made by the Fisoals, be issucd together with Ger
tilted copy of their opinion and oil this decree Inc
: same were accordingly signed and revised by the
Judges whose names appear in the margin, IN Iia-
vana, the Goth October, 1851 II assigned by the
President, Carbonell, Messrs. Buelta, Escoaura'
Ochoa. Oses, Antonio Maria del Rio The above is
true copy of the originals which are on file, con-
corning the matter TO which they relate, and to
which testiiy and in pursuance OF the order con-
tanned in the above decree, caused these presents
TO be drawn out in Havana, on the twentieth day OF
October, one thousand eight hundred and fifty one.
True copy. ANTONIO MARIA DEL RIO.