The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-02

ur, TnyasAsr's Last Aaarsss - his Csun-
tRynsn.
[RsesivsS fron Hsvsns b Tie Pronsshs.sl
In Duroros o. THE PusrA CAsrLE,
HAvAHA: Nov. q, 1851.
10 TIE aov,nNhENr UNITED STATES o. AMERICA,
AND Fellow CouNTavnxS
An American citissn, deprived Of liberty and denied
justice respectfully bsss leave to lay before ysu the fol-
iowins facts and appeal. Upon leaving the steamer
Georgia. the 10th Of October last was suddsny and
without previous sccusscn arrested and taken to the
once Of the police On searching my person and that Of
gentleman who accompanied me, papers letters Of
any hind were found upon either Of We then
taken to the hotel where boarded accompanied BY the
Chief Of Police who demanded to be shown my On
asosrtsining that had there taken to
my residence, and al my papers seized The gentleman
who accompanied me was then put At liberty. Myself
and al ny books and papers taken to the residence
of one Of the police commssares where four days
occupied by two In reading my
letters On the 2lst October, thrown into dun
gson of the city prison, and all communication Of my
friends strictly prohibited On the 26th 1 was re-
moved to my present dungeon and the Fiscal Of the
Military Tribune made his appearance, and began
judicial examination. On the 18th this was CON.
tinusd, and then saw no until the 9Th inst
when ths questioning proceeded with and on the
9th was again Questioned and finally informed that
was sccued oftrsascn At the time required
to select one from list Of officers that was presented
to me- who should conduct my defence Not knowing
any Of them chose st random supposng he would
consult with and with my legal advisers az is usual
in fuch regard to my Defence On the th inst
I was for the first time allowed 70 see my friends
and to consult with them to the best course to
pur.ue conferred With Consul, and he passed
government here al Of which have bssn utterly disrs
garded and not rsplsdt to. On the 18th, was informed
that was to be brought up the day sentence
immediately wrote to my nominal defender to come at
once to consult with and to bring with him the pro
ceediDgs which were in writing He replied verbally that
he would come In the afternoon He did not and
entered at once protest against the proceedings, al
legng that had not been heard and that neither my
self legal advisers had been consulted for proper
defence sent this to the President Of the Military
Commission that night who refused to receive it, saying
that it could only BE- admitted by the Captain General
The American Consul Mr. Owen, soon as informed of
this proceeded to the palace and protested sgsnst
tence being pronounced had not been heard In de-
fence In the morning. my nominal defender to my
prison to inform that he had been allowed by the
court only twenty hours prepare my Defence that
be had been occupied till that moment examining the
proceedings which voluminous, and that within
hour he must return them to the Fiscal On the 2h
taken before court martial, composed Of brigadier
general and six officers Of the army The testimony and
proceedings read before brought into court,
which Is contrary to law and to custom and when
brought in was asked what had to say to the charges
against me! replied that had not been furnished
With . copy of the charses-thst had been denied
access to the proceedings and tsstimony-that my
nominal defs.Aer had neither consulted with nor
uov ed that INV
and petition for stay Of proceedings should be admitted
told by the President Of the court that Il should be
considered. 1 was remanded TO my dungeon and heard
\ othng Of the proceedings until to-day, when
have been formally notified that have been sentenced
to eight years labor chains at Ceuta in Africa with
payment Of costs.
1t Is unnecessary for to enlarge upon the npropre-
ty Of bringing before court martial in time pro-
found Pc ace the injustice Of sentencing without
hearing; the utter contempt Of international law,
civil rights, and treaty spulstions in my trial. upon
the wu disregard In the of proceeding of the
constitution and rules of the very court which has
sumed jurisdiction over me without right, has tried
me without crime and sentenced me without de-
fence The government that has the power and the
win commit these acts is beyond the reach Of rsa-
son, and my only resource is to appeal to the phyd
power Of own government for that protection
which It's moral power has not been able to extend
Overt me, and to ask from my fellow countrymen
such countenance viii encourage the executive the
manifestation Of rmnees and carry appreciation
national rights and national duties the hearts
Inscriptions rulers OF Cuba. I solemnly airm that
have had any connection with the parties who In
vaded this island and that the only grounds for hatred
TO the part Of the and Spanish portion
Of the population here, that American that
refused to ALLURE my nationality year since when
required BY this government to do 10 abandon the
business was then engaged In that succored, FAR
able, those Of my unfortunate countrymen who
esptves here; and that In the court had the In
dependent spirit (they call IL sudscy) to rely upon my
innocence and my rights an American citisen. Hav-
ing been denied justice ask ct the hands of the
American government, and the American people, that
liberty Of which iniquitously deprived An the
horrors Of the spanish gaey before and my only
hopes In the synpathes Of my oountrymen aud the
prompt action Of our national government.
Us. rHRAsHER.