The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-20

| TlSprudence mas Oeen the mere OVeIlOWlngS Of
his own imagination and invention-and a
pretty free imagination it is, whether exer-
cised upon the law or upon facts. Indeed,
he has rather piqued himself on the idea
that his law has been of his own con-
coction, and he has treated the notion of
postponing his opinion on a legal question
to that Of Mr.. Justice MCLEAN as i slayish
submission to authority Now this law
may be very satisfactory to the Union, but
we submit that it is no very crying sin in
the Administration to prefer the law of the tri-
bunals, in spite of the modest suggestion that it
would be well to appeal from the Supreme
| Court TO our ex-minister.
The article in which the Administration is
thus assaied opens in this Misunderstanding of
the Republic
sit wrote column after column to prove that the
American citizens with Lopez were pirates and
outia,os, notwithstanding their admitted belief
and expectation that the expedition in which
they took part designed, not for private rob.
berry or plumber, but to participate in public
revolutionary war in Cuba. 1t contended to the
last that, under the Spanish treaty, these men
had no right to the regular trial secured to all
American offenders by its terms II justified the
pledge given by the Administration in its procla-
nation not to interfere in their case, to whatever
extremities they might be reduced II stead
lastly refused to say word against the right of
British and French cruisers, in pursuance of sor-
ders,' to seize, shoot, and hang our citizens on
their way to Cuba with hostile intent, and for
that purpose to stop or search any American ship
suspected of having them on board"
There is hardly word of truth in this whole
paragraph. We have said that the followers
of LOPEZ were engaged in an expedition which
was considered by the law of nations an cad
venture ofrobbery and plumber" These Were
the words of the proclamation. They were
strictly accurate and appropriate. In the COM
mencement of this discussion we recognised
the distinction between robbers by land and rob-
bers by sea-and therefore have never written
line to prove these men "pirates." Wehave
quoted DEMOCRATIC authority--Judge Nc
LEAN and General JACKsoN--who call such
adventures pirates" but we have not ourself
called them so. The word /" outlaws is en-
ployed by the same authority. 1t does not oc-
cur in the proclamation.
AS to the eighth article of the treaty, we
have contended and still contend that men can
not violate a treaty by waglng an individual
war; and then claim the benefit of such treaty.
By their own act they have abrogated the
treaty as far as they are themselves concerned.
The Administration never gave ''pedge"
not to interfere in behalf of such adventures.
1t merely told them they would have no
''claim" for such interference. This is in
every particular just and proper
The allegation that we have refused to say
one word "against the right of British and
French cruisers" &c., is not true.
And now one word to another point The
Union states that it agrees on all these ques-
tons with Mr. WEBSTER, while it differs from
the Administration. Indeed, it runs into italics
on its pregnant inference that Mr. WEBSTER
had taken 'all his facts and all his law" from
the Union. Mark the emphasis:
From the Union.
owe have before US plainly authorized, if not
official statement of the ground which he and
the Administration have taken upon the
whole subject, in his official despatch to the Span
ish minister 1t is throughout scientifically The same
ground, every point in the case, tchch taken
by the Washington Union eight nine pseks ago,
against the furious opposition INSTRUMENTATION of
the special organ,
"The following is the language of Mr. Webster,
stated, under date of 18th instant, in the New
York Courier and Enquirer, by the regular
| respondent of that journal The minuteness of
the statement leaves little doubt that the writer's
information is exact and authentic.
"THE DEMANDS OF THE SPANISH GovERNMENT.-
Mr.. Webster says the Government deeply regrets
both the sailing Of the expedition from our ports
and the riots by which the dignity and safety of
| the Spanish consul at New Orleans were compro-
TrI1aa R1th he ont RI III all Int
under the circumstances, any government could
have done to prevent these occurrences, and there
fore owes neither reparation apology for them.
AS to the losses suffered by private individuals,
subjects of Spain, resident at New Orleans, he
| says the courts are open for the aggrieved, the
same as they arc In any country TO its own citi-
zens. He also suggests that the United States may
have serious rcclamatons against Spain, under the
Sh article of the treaty of 1875, account of the
massacre of the fifty American prisoners on the
10th of August. The official and detailed reports of
| those transactions establish that the victims were
not taken iagrane decfo, with arms in their hands,
| but in open boats on the sea, without arms, and
making for an American port. They not
tried, but only examined, by military commits
sion, whose sitting was attended by fiscal. The
prisoners all made the same answer. They had
come to Cuba as part of expedition TO assist
the Cubans in securing their liberty and independ-
encc, under the assurance and full belief that the
| island was in a state OF war. When they discov-
cred their error they Immediately, without any de-
lay, threw away their arms, and left the shores of
| Cuba by the first means they could procure By
their own statement, they were peaceable men pass
| ing from Cuba to the United States. They were
executed without any trial in which the contrary
could be shown.
'The following is the applicable clause OF the
| 9Th article of the treaty
'tAnd in all cases of seizure, detention or ar
rest for debts contracted offences committed by
any citizen or subject of the party within the
jurisdiction of the other, the shall be made and
prosecuted By order and authority Of ao only and &c
cording 10 the regular course Of proceedings usual
such cases. The citizens and subjects of both par
hes shall be allowed to employ such advocates
lcitors, notaries, agents, and factors they may
Judge proper, in which they may be concerned be-
| fore the tribunals of the other party; and such
agents shall have free to be present at the
proceedings in such causes, and at the taking of all
examinations and evidence which may be exhibit
| ed at the said trials
| "The prisoners were not allowed any advocate,
nor were they permitted to adduce any testimony
corroborative OF their own assertions. 1t will doubt
less be urged by the Spanish government that the
above stipulation was never meant TO apply to the
of inyadera of their country its proyinces.