The miners' express. (Dubuque, Iowa) 1849-1854, 1851-12-24
From tho Washington Union.

From the Washington Union.
The Views or the Administrator Alleged
Trial Of tho American Prisoners Ia
Cuba.
We have already noted the fact that the
President in his message takes no exception to
the sufficency and legality of the alleged trial
upon which the fifty American prisoners--ar-
rested, as they were making their way home
from Cuba in open boats--were shot
The nature Of this trial is thus officially stated
by Commodore Parker ina despatch to the
Department Of State, under date of Havana,
September 6, ISL:
0Ie rCaptain- G eneral Conchal stated thai
he considered them as pirates und that they had
been 50 denounced in the proclamation Of the
President Of the United States; that they pere
tried in a Summary manner, and spoof made of
their guilt and of lheir participation in the in
yasion of the Island by Lopez. He did not con-
slider himself at liberty to furnish with the
proceedings on the trial, but would send them 20
his own government, and TO the Spanish min
lister at Washington, who would do whatever
was right in the matter, on tho call of the gov
crnmcnt Of the United States. The rrccut,on
,cas delayed from half.past seven O'Clock, a m,
| to eleven, in order to give the prisoners an OPP
| portunity Of writing TO their friends, during
,ok;ch period they made the declaration that
they constituted a part Of the forces OF Lopez
A the time when these prisoners were thus
tried in summary manner and shot, the 7ih
article of our treaty with Spain of I7o5 was in
full force, guarantynr certain legal aud regular
ormalities and privileges of trial to any and
all american offenders against the Spanish an :
| thoritics in Cuba, who might be 'sscizeh, arrest
cd, or detained to answer for any such offence.
The article reads as follows:
| "ARr7. And i, is agreed that the subjects
or citizens of each Of the contracting parties,
their vessels effects, shall not be liable to any
embargo or detention, on the part of the o'he-,
for any military expedition, or other public or
private purposes whatever. And in al! cases of
seizure, detention, arrest for debts contracted,
or offences committed, by any citizen or subject
Of the one party within the jurisdiction Of the
other, the same shall be made and prosecuted By
order and authority Of lao only, AND ACCOM-
ING TO THE REGULAR COURSES OF PRocEEDISGs
USUAL IN SUCH CASES GSe procedera AMIGA
mente por order autoridad de Ia justicia, segun
los trnmites ordin arios seguidos en- SEINE JAMIE
easos. The citizens and subjects Of both parties
shall be aHo,ced to employ such advocates, So
licitors, notaries agents, and factors, as they
may Judge proper, in all their affairs and in all
their trials at la,c,in ,chich they may be concern
ed, before the tribunals IF the other party; and
at the proceedings IN such causes, and atthe tak-
ing Of all examinations and erldenec aohich may
be exhibited in the said trials"
| There is no pretence in any quarter that the
American prisoners in question, after they had
been seized, arrested, and detained to answer
for their offence, received any such trial, enjoyed
any such privileges, intended to secure fair
trial, as are here specifically described and Sc
cured to all American offenders. They had no
due and regular course of legal proceedings
They had no access to, or aid from, advocates
and agents. On the contrary the Captain Gen.
eral tells Commodore Parker that, taking the
Presidents proclamation for his guide in their
case. he held them to be "pirates," and had
them summarily examined and shot as such
Even assuming Concha's very erroneous view
Of their character to be true his for refus-
ing them the due legal trial secured by the
treaty IS altogether insufficient, because the
| treaty itself contemplates the offence of piracy
| makes the prvateer pirate, and, as such, Sc
cures to him the trial described in its 7tlrartcle
| Indeed, the fact is we'll known that, in view Of
the state Of public justice in Cuba when the
treaty was negotiated, the 7ih article was insert
ed for the very purpose of rescuing all Amer
can offenders from Just those summary proceed
ings upon which Concha shot these helpless
and misguided young Americans. Cnncha re-
garded himself authorized by the Presidents
proclamation to abrogate the treaty in their case
| did in fact SO abrogate it and the President il
his message now silently acquesces in its abro-
CATION
| But the acquescence of the administration
in this abrogation of the rights Of trial secured
to these American prisoners by treaty was no
always silent. On the 9th of September. while
| Commodore Parker, on the spot, was informing
our government how the fifty Americans frs
captured had been dealt WITH 1t was alread,
known at Washington that Lopez had been ex
ecuted, and that one hundred and fGyfr NOR
American citizens, associated in his expedition
had been arrested and imprisoned, and we're a
waiting their fate in the dungeons of Havana
On the same day-the 9th of September-tht
acting Secretary Of State sent an 0ficial DIES
patch to Mr.. Caderon 10 intimate SHE prirat
acishes" Of the American government tina
MIR. Calderon would use his influence with Con
cha to have these one hundred AMI fifty five
prisoners lenienily tnateJ, snow that Lopez is
| out of the way" And in this most strange Of
fetal document occurs the following passage
which shows that our government, while taking
leave thus to make known its "private wishes
on the subject, expressly disclaimed any RICH
| officially to inteIpose to the end that these mer
should not be shot like their companions with
out any such trial as the treaty secured t.
them, or, indeed, without any pretence of tria
at all:
sThe undersigned begs Mr.. Calderen dis
tinctly To understand that no right is no,o claim
ed on the part Of this government to ,nterren'
officially to,fh regard to this matter but that til.
| foregoing remarks are offered as simply i'm
bodying the pirate aoishes Of this government
| and rs worthy the consideration of one so emf
nentiv humane and kindly disposed as her Cath.
oiic Majesty's representative in the United
| States"
| Surely this is plain enough 1t says cmphati
cally to the Spanish authorities, 'Do as you
please. Give formal trial or an informal trial
or shoot without any trial. This govern
ment, as government, has no right to inter.
fere to see the 9TH article of the treaty executed
in this case, or to hold Spain accountable if she
! refuses to execute it. But at the same time
| this government-though as a government, i,
has no questions Ia ask in this busness-has
yet "a private wish in the matter; and that is
that Concha will be kind enough not TO strike
too deeply, or too sweepingly, or too hard
ly!"
Has the American government, with solemn
| treaty to stand upon, come to this pass? II
would be very ludicrous if it were not too bit.
terly lamentable
Now, let US see how other govern me ntss I'M
acted in regard to their citizens sora1fI1i
recent cases, preciselE 2aimilo
i Lopez "a. essd 2Ss|zEd Nj l;2 'ss93
6ssdsssls s2aRaAi * sHiz IUjl nyA otiai1tliii1l
Iihateif3f Afea4 M sqAsgAa sod dSaaRissd},
De sss II ssg.sa, 3ss 'h ssa
Win. with hrs assbGIafes Immediately cap
sois11. oiBitnsshe advance Of his coming, or i'm
kpsAlets}S on his capture, Santa Anna, then at
the bead Of the Mexican government, issued a
special Decree to the effect that all the Invaders