The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-04

TAs Docsrtas this Aduasnistrasao~ Treaties.
Every day is thickeniDg the proofs upon as that
neither the cause of republican freedom this cont
nen the social system OF the South. the rights
| interests, and honor OF American citizens within the
reach OF foreign jurisdiction in any lanl.
der the present administration OF this government Re-
serving another occasion other mxtters--which
when brought out, will. in Judgment arouse public
Indignation and anxiety TO height yet reached I'VE
ask the attention Of the country the general doc
rine the protection given citizens by treaties
upon which this administration Processes to act The
following declarations form part OF carefully prepared
article in yesterdays Republic, defining, deliberately and
after prolonged discussion, the ground which this admin
istraton takes as to the force OF treaties:
I" 1t is plain any rule in arithmetic that men can
the Uoiats treaty aud seek TO benefit
by its provisions the g,oernmsa Of The Uaited States
had ssnf army TO fnoade Cuba aud portion of that
army had bee" take" prisoners. would beg know IL
those prisoners could claim privilege exemption on the
ground any treaty been the United States and Spain 70
First We ask all concerned TO note the fact that the
importation Of any conaband goods into Cuba is forbid
den by the 18th article of the treaty Of 1898 with Spain
OF course one of our citizens SO importing such goods
Uioates the treaty. Therefore, by the doctrine OF this
administration, he cannot bene6 by those provisions
of the treaty which to all American offenders
legal trial The is the case with any American
privaesr cruising against Spain under letter of marque
He, too, "vioates the treaty" in its 18th article and
therefore, when arrested, cannot beneh by the 18th
article, which is drawn to insure him and every other
American offender legal trialbu must suffer death as
pirate without trial! Now, we put it to the country
that any administration holding such doctrines. and de-
liberaely and officially announcing them TO the world is
not worthy to be trusted by the country with the con-
duct OF its foreign affairs We leave our readers 10
decide whether any President acting upon such doctrine,
and sacrificing American lives upon in any case here
after TO arise would not Justly incur the penalty of i'm
parchment:
Second We call the attention OF the country to the dec
aation of the administration above quoted as TO the pro-
lection given by treaties TO prisoners Of the case of
public between the United States and any other power
We have express treaty stipuatons with several powers
that, in of war, American citizens aken prisoners of
shall be made slaves The administration in The
aboveced passage, expressly ams that such prisoners
of war could moi" claim any privilege exemption on the
ground of any treaty" And in proof that we make no
possible mistake the meaning of the official organ"
we quote again the following declaration Of lis rule of
| public law on this subject
IAN armed Invasion OF country is of a suspen.
lion of all treaty pacific conventions between the in
\
vous and elementary that no argument illustrate
enforce it."
| To this we reply that, in no whatever IS the
above doctrine ,rue stated and by "suspension
meant "abrosation, is the of the truth
and has BEEN such, denounced time and again BY our
government We reply, in the next place. that no act
Of can BY any possibility affect the operation Of any
treaty between our government and foreign power
less i, be an &C, of public war assumed by the govern
ment; and even in such case, various treaty supula-
tons still in full force.
For example, with several powers have treaty stp-
uaiions that merchants, or other citizens resident
within their jurisdiction. shall not, in of public
between them and the United States, be in any way mo-
Tested disturbed by those governments within GER
tain period
Now, the doctrine OF the administration, laid down
by the Republic declares that such citizens shall in
such case Of war, "benefr' by any such protective
treaty provisions; because aA such treaty or pacific
conventions suspended" BY the krst act Of war Are
the rights, interests, honor OF American citizens safe
under administration openly protesting such doctrines
as these
! Be it understood, however, that are not making
these observations TO establish the fact which the Re
public denies. that the American prisoners in Cuba had
right 10 legal trial. Notwithstanding the oDxnee with
WINCH tney were charged NO argument is needed on
that point The charge of such offence itself made
them hiabie under the treaty. Accusation, arrest,
seizure and detention Tor offences against the Spanish
government in Cuba, the very conditions prece-
dent, upon which, and in view of which, their right to
trial guaranteed TO them by the treaty. On that
point, therefore, every seesand the Republic itself
will before long, think, admit-that il is entirely
| in error.
| The Republic calls assertion tina, these American
prisoners in Cuba had right under the treaty, fair e-
gal trial, ridiculous bander" II defends the procama-
lion expressly the ground that they had such right
1t thus adnits-what is plain enoughha the procama-
ton disetaimed any such right in their And now
for another precedent, 1t is the precedent of General
Taylor. II is the precedent OF John M. Clayton Sec
rotary OF State. The Republic will remember that
an armed invasion OF Cuba, by organized body of
American citizens. took place at Cardenas the 10Th OF
May, 1850 About four hundred men landed in the
night, TOOK the town. burned the governors house. and
slew in battle fifty Spanish troops As these invaders
were re-smbarking they charged by Spanish Ian.
GERS. dispersed, and OF them made prisoner AT
the time about hundred others belonging 10 the
expedition captured in two vessels Con,oy On
the day. the l9th of May, Alcoy. then captain
general of Cuba by special decree, proclaimed Cuba in
state of siege, and ordered all persons in any number
belonging TO the invading bands be Immediately shot
just all this became officially known TO