American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-08-30
The Invasion OF Cuba and tho Law OF


Nations. t
There is one circumstance connected with thu
case of the British spy, Major Andre, that VIZ
omitted to mention in our article of yesterday
which exhibits, in the most striking manner,
the noble leniency of the Americans. In Gen
eral Washingtons letter to Sir Henry Clinton
dated the 8Oth September, 1880, he says
Major Andre was taken under such circum
stances as would have justified [under the Law
of nationsl the most summary proceedings
against him. ! determined, however, to refer
his case to the examination and decision of a
board of general officers" Among the members
Of this board, besides many distinguished Anne
rican officers, were the Marquis de Lafayette,
and the Baron de Steuben. Every opportunity
was granted Andre, by these illustrious men, to
e1culpate himself from the charges brought
against him. He was permitted to make an
elaborate defence in writing; the letters Of Sir
Henry Clinton and Colonel Robinson, of the
British army, were read and considered; and,
finally, at the earnest request Of Clinton, WASH
ington consented to conference between dele
gates of high rank in both armies, for the pur-
pose of throwing all the light possible upon the
affair 5a '
Such having ever been the conduct Of our
people, have we not right to expect from
foreign nations the like humane treatment of
our countrymen in similar circumstances Have
we not q right to expect from Great Britain, in
case Of war, grateful return for our past
magnanimitys Have we not also right to
expect, from even the half-ciyilized people OF
Spain, reciprocation of our kindness to their
race If SO, has Spain made us such return
The late butchery is q sufficient answer.
But the Spanish government was not bound
to treat our people who embarked on the Cuban
expedition with leniency, merely as a kind act
of reciprocity. We maintain that it had no
right, even in accordance with the demands of
the much-talked of "law of nations" to infict
summary punishment on the invaders. Though
the monarchist journals Of the Union stroye so
hard, in conjunction with those in the imme-
date service Of Spain, to prove that no out
break Of any kind against the Spaniards had
taken place in Cuba, we suspect there are very
few who viii now, in the face of all the evidence
to show the, fact, have the hardihood to assert
that there was no rebellion. The newspapers
of Havana give us accounts of the capture and
imprisonment of some of the patriots, and do
not pretend to deny the existence of civil war !;
whilst letters from numbers of merchants re-
siding in Cuba substantiate the accounts we
have received. #s esa ,aa ea5 sou
Now what says the "law of nations in this
casef Mr.. Webster, in his celebrated letter to
Mr.. Fox, in regard to citizens of the United
States who were about to aid the Canadians in
their revolution Of 1841, maintains and proves,
conclusively, from the practice of all govern
ments, that men who assist the people of another
nation in gaining their independence should not
be considered and treated as "pirates" Refer
ring to our accused citizens, he says, suppos
ing all that is alleged against them to be true,
they were taking part in what they regarded
rs civil war, and they were taking part on the
side of the rebels Surely Great Britain her
self has not regarded persons thus engaged as
deserving the appellaton which her msjesty's
government bestows upon these citizens of the
United States" And again, he says, "authori-
ties Of the highest eminence in Great Britain,
living and dead, have maintained that the gene
raj ta'o of nations does not forbid The citizens or
subjects Of one government from taking part IN the
cipH connections Of another"
Now, what is the plain conclusion to be de-
rived from all thisf That those who landed,
by invitation Of the people, on the island of
Cuba, to assist the revolted Cubans in their
struggle for independence, we're not pirates"
and did not, therefore, deserve the fate of "pi-
rates !" and if not "pirates," that they were
enemies in the usual sense of the term, and
when captured we're prisoners of war, and had
an undoubted right to be treated as such But
did they receive such treatment Does Ame-
RIGA, or Britain, or France, or any other civil
lized nation on the globe, put to death defence
less prisoners III the nations of Europe would
countenance such massacre, and If it be pos
sible that it is in strict accordance with the
rules adopted by all governments for their seou-
rity and preservation, then, we say, away with
the CLAW of nations" 1t had its origin in war
and bleodsbed--it has been sustained by war
ring nations 1t is fit only for warning world.
We are no friends Of lawlesmess; zoe do not adro-
cate q dssresard Of proper regulations of The con
duet Of nations; but we think no lao would be
better than this. Moderation, humanity, re-
hgion, shall make for us new one, better
suited to American ideas Of modern Justice
We leave this subject for the present, not
without strong hope that in this case, as in
many others, partial evil" will prove uni
versal good; !" that the melancholy fate Of the
ni'y-tvo devoted men who died so fearlessly
may remove the last obstacle to the liberation
of Cubai
yupeH HALLrBuRrorss new h,oL .u.;.,.,
:, Inc English in America" is pronounced hv
the 1Men9um vulgar, violent, and unfair ~,
iticai pamphlet against the United State. ~
the other faults of the hook 90 49,. $3.50, anu