The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-09-14
The Cuban Proclamation and the Treaties with
SualO

We have already shown that the Presidents procama-
ton of April 25h denouncing as punderers and robbers
the American citizens who took part in the expedition
of Lopez, and declaring that they had forfeited all claim
to any interference in their behalf eonradiced not only
the doctrines of international law as interpreted by the
American government ITSELF and set forth in Mr.. Web
letter to Mr. Fox but also the plain provisions OF the
Act of 1885, and the whole doctrine OF the present ad.
minstraon itself in its ardy appeal to the Spanish gov.
eminent for clemency 10 the captives on the express
ground that they engaged in the expedition with Lopez
upon the "bief" and expectation" that they were to
take part not in pllage, piracy. robbery, but in public
tSar, waged for the independence of Cuba We now a-
firm that the proclamation is in direct contravenon of
the stpulaons of our treaties with Spain of 1895 and
1921, and that in its practical effect by manifest usurpa
ton of Executive power it deprived the American ci
zens, associated with Lopez of the rights and privileges
solemnly guaranteed by those treaties heu in common
with all other of citizens offending against the laws
of Spain.
The 7th article of the treaty OF 1895, continued in
force by that of 1891 prescrbes the manner in which
American citizens. offending against the iaos of Spain
shall be brought to for their offence whatever il,
may be- 1t provides that in every case such offenders
shall haze due process Of ia before they are punished or
"ARr And it agreed that the subjects or citizens of
each OF the contracting parties, their vessels effects
shall not be liable any embargo detention on the pa
private purpose Whatever And in ali cases of seizure de-
tenton, for debts contracted offences
dcton OF the other he same shall Dc made and prosecuted
BY order and authority Of aW only, TO THE
REGULAR COURSE PROCEEDINGS SUCH CASES rs.
pr deIa unielmeafe por order auordad de la justcl
y'sgun los tamies ordinarlos stgdos smanis case,
The and subjects Of both parties shall be aAoosd 10
employ such adpocaies solicitors roar agens and factors
as sy judge proper IA all theu affairs and all thsu
bunas the other puty agents haux fr.s ac
10 be al The proceedings such and
tted ia The SAID trials "
This is stipulation made by Spain 10 our government
1t covers the case of every american offending against
Spanish law. 1t is the plain duty OF the Executive
see il fairly carried out in every such To this
tent the President is bound by the supreme law OF the
land TO proee every American citizen. and to ntertere
in his favor, matter how heinous his offence may be-
In the of the associates OF Lopez, government
by its solemn proclamation, expressly abjured and repu
dated this duty. Ii declared beforehand that il would
in no way interfere to to these the fair trial
and the due process Of aw guaranteed them and all
offenders by the treaty The President thus in far
in him lay, uhlawuly put them out OF the pale OF the
treaty. which intended to embrace them, and did
brace them even though they had BEEN what they
not pirates for the l4h article OF the treaty
cited by the Republic makes American prvateers, depre
dating upon Spanish commerce under letters OF marque
and reprisa pirates; and yet 10 such pirates the
privileges and rights OF trial named in the 7h article are
secured So far was the offence from dvestng these
OF the trial secured by the treaty that the offence the
allegation OF offence constituted the very upon which
our government wa, bound, in execution OF the treaty.
al
full TO have i, granted Instead OF so doing the admins
traon, by its proclamation abandoned these captive
Americans 10 Spanish vengeance, to be wreaked them
without trial and without law, il Spain should so choose
to wreak it, She told aad they told that this
government would not interfere.
The proclamation was so understood. That the Amer.
lean consul Havana understood it, is clear from all
we know Of the course he took He made no demand
for trial He made no protest against the Spanish
fusal permit him to his captured counymen
Instead OF seeing that these Offenders had their rights
guaranteed by the treaty, be appears TO have folded his
arms and stood still He was paralyzel by the procs-
nation The Spanish authorities put the conslruc.
ton the proclamation for, the Isl Of September,
the Spanish official journal the Didrio de Ia Ndriaa
rebukes the mayor OF New Orleans for styling"
the associates OF Lopez chs feog citizens, IN express
contradiction Of The declaration of the President Of
The United States, Whieh declared them pirates !" And
these men, thus denounced and left to die without the
trial which was secured to them by treaty-wthout one
OF the forms or privileges of law thus guaranteed 10 all
offending men-Dsrc picked sp in open boat tas poor
Criuenden tells us in letter written in view oI
Inevitable dea,h) making their way back 10 The United
States. In such case, who shall cay that a trial
with due form Of law, was not clear dictate Of justice
Who shall say that the innocent did not perish with
the guilty, for want OF such trial. when all were
Unfortunately slain Who shall justify the admins
tration, which, when armed with solemn treaty TO
demand such trial and process Of law did yet, 10 plain
defiance OF its constitutional duty refuse TO execute that
treaty, and thus by proclamation, gave American
citizens 10 that summary and undistngushng slaughter
We know perfectly the terrible nature and extent OF
the charge which this obvious view Of our treaty with
Spain urges against the administration No admnistra.
ton Of this government has probably been arragned
before the bar OF the American people to meet heavier
accusation Bat in all we have said have only yielded
10 our sincere convictions OF duty public journalists.
The words OF the treaty are tberehe deadly words OF
the proclamation are there When read in connexion with
each other and with the mourniul and sckening details
OF this Cuban tragedy, they make known TO all men to
what fatal issues this administration has abandoned its
duty and betrayed iis trust