The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-03

and the regular course oil The Jusuee OF ihd pHisn GU"
ne which they have Invaded and to that justice" alone
:. regulated by law in the settled and weknown ''poli-
~, Of Great Britain, il commits their fate.
sucb are the well-guarded limits within which Mr..
Van Buren, confined bis proclamation IN case where
,hsrs ,uc, great and serious peril Is this prudent and
.,.,,.m.uliks official act cited to Justify President Fill
Mares proclamation Where in the proclamation of
,o,s are the denunciaons OF American citizens as 'pun
a.,.,. and robbers :" Where does that proclamation
,horzs the inference that every nation IN The 0ord may
.hoo or hang without low or trial. any Of these
,hs way to the OF their war! Where is there one
cord in that proclamation which be construed to de-
x.r 10 these offending citizens TO any other foreign
ov Than the regular OF British law, military
civil AZ il may be found legally and in due form appi-
,.hls 10 the case OF each man among them
m, above aand most the purpose, and conclusive
oon ,hs whole point between the two proclamatons-
.oh.y. !, the article in any treaty Nth Great Britain
,,h;ch the language of Mr. Van Buren's proclamation
r.u,6e, and SETS al naught7 What treaty slipula-
lion With Great misunderstanding in its terms the Of
.,<rv american offender ised arrested, Detained TO
answer for his offence and prescribing for his protection
regular course OF legal procedure and specified array
Of legal aids and facilities for fair tria-can be shown
Oeeu
Van Buren's proclamation The charge against Presi-
dent Fillmores proclamation is that. under its terms
Concha could claim and did claim. that. as in behalf Of
bis American prisoners the 7h article of the treaty was,
BY the proclamation. made so much waste paper! Not
only Owen and Concha. but everybody else who
had anything to do under that proclamation, took
that view Of its meaning. With treaty expressly
stipulatng that they should have fair trial in
due form OF Spanish law the Americans in their dun.
geon were told that nothing could be done for them
a, As,ericans. And why not' Why could nothing be
ons for them by the consul any body else 10 see that
thew had the fair trial expressly guaranteed TO them as
Amey;can offenders by the treaty The answer was
given to them time and again. because your own Presi-
dents proclamation has outlawed youbecause his dec
araon has put you out of the pale of law or treaty.
and out OF the pale Of all American interference to see
law OF treaty observed in your case p
Mr.. Van Buren's proclamation, by plain implication.
ayokss every principle and form of protective law which
the offenders in Canada could rightully claim. There
.cas no treaty stipulation the protection of which he
could invoke in their case Had there been one his Ian
guage plainly shows that he would have proclaimed
it away Mr. Fillmore, on the other hand, had treaty
stipulation designed for thecase Of the prisoners in Cuba
forcing he abrogated it, In word, he armed before
hand every hand against his errng countrymen
pirates
II is clear therefore, that the Republic has only aggra
waited the error of President Fillmore by showing in
the strong light Of the contrast presented in the
Of Mr. Van Buren, But since the Republic thus in
vokss precedent to shield the administration, give
below precedent which we commend to its atten-
,on-a precedent which request all our readers
to examine closely and attentyely. Ii is the record
OF the ground taken and the pursued by the Span
ish and French governments in the case OF Sentmanat
and his companions, who invaded Mexico in 1874, were
captured Tobasco. and condemned be shot ate
trial by courmartial in pursuance OF special decree
Of Santa Anna authorizing such procedure in their
Ssnlmanal was Mexican. His soldiers, principally
Frenchmen and Spaniards Joined him--many of hem-at
New Orleans. There one Enslishnan among them,
and at the instance OF the British government re-
leased The letters OF the Spanish and French ministers,
with this explanation. will speak for themselves.
II will be that both these governments protest in
the oudes against the very measures, as ap
piled to the companions of Sennanat which the admin
s,raon in advance broVht down upon the heads of the
companions OF Lopez. II will be that they inter-
fsrS and make their protest upon those very grounds OF
natural justice, national law and the faith OF treaties
which the Republic has assumed to rely upon for the JUS
u6cation OF President in pedgng himself
ieers in behalf OF his counymen, in their worst
extremity In the very teeth Of the late cabinet manifesto,
in the columns Of the Republic, they make broad dis
tinet,on between the captive who has surrendered and
the armed man who ressts. They demand trial for
The prisoners with due forms OF law and they put that
demand upon the ground that Mexican law and Mexican
treaties secure such trial the offending subjects OF
France and Spain, and that their right such trial under
the treaty not only not voded vodable by their Of
encs but that the positive and special decree of The
Mexican government framed to the very case can
not dispense with such trial, and inct summary punish
men without it, Is this that "higher- iapi" which the
Republic is 20 fond Of denouncing' II So il is the
"hghsra ,csm" OF the civilized word-of every govern
which il not in haste to proclaim away both its du-
ties and the rights Of its citizens.
II precedent them the thing sought by the Republic
we are ready to examine the conduct OF all the civilized
nations of the world; and say that The
proclamation against the Cuban patriots will stand alone
ia ts glory Even in Mexico, where public moras have
been weakened by long series of civil wars. suct
sentiments as those avowed by Presiden, Fillmore have
ever been submitted 10 by any foreign functionary
France and England have always been able to nieposs
their national flag and save their counymen from tn,
lawlesa vengeance Of nfuriae local authority But
will deain readers longer from The interesting
important documents cite.