The miners' express. (Dubuque, Iowa) 1849-1854, 1851-10-29
.A Cutstfon of tho Times,

with the phllosonhic author Entertaining the
| highest appreciation Of the editors tr,rnts and
patriotism, we must still claim the privilege of
differing with them, upon the proprety and
justice OF consigning American citizens to eter-
| nifty, without even the formaltcs Of a trial, or
the benefit If clergy, aud must be permitted to
1 hold them 10 the declarations contained in their
frs, article, in reply to their second
| So far as the rights and privileges of Amer
/ can citizens are concerned, the editors Of the
| Herald and ourselves viii no, differ; and We
have repeatedly expressed our condemnation of
| Americans, who went to Cuba to Interfere with
the government of that country, We of course,
do not include ourselves among those, WHOM The
editors describe 40 always ready to interftre
aciih the gsrernments Of ctheraatioas. A lev
| words then to our neigbor.
i Ist The Herald says:
eve neither justify nor Pail'ate the CONDUCT
/ of Consul owen IN the late CnpaE
massacre; but as an officer, acting in obedience
10 the dictates Of the implied instructions Of his
government, we do justify him.
| Do you'
4 Now ipt US see whether TIC GbnNc tAtldGs
| from The last article of the Herald, will bare
close and critical investigation. First then, le'
us examine the conduct Of Mr. Owen,
officer, which magic phrase with our neiglIbors,
seems Il be a universal panacea for every des-
cription of moral and political disease. Al
though we disclaim the premature and startling
position assumed in the Presidents proclama
ton, towards those who should engage III the
Cuban expedition. yet upon the simplest rules
Of common sense, past experience and the dis
sretion which attaches t, every officer, we have
| looked in vain for an apology for the conduct Of
our Consul. Under both civil and military ad-
ministrations, there remarkable occurrences
and great occasions, for which no law or Ex-
ecutiye rule can provide; and where i. becomes
duty and necessity to exercise an arbitrary
discretion, commensurate with the occasion
and the circumstances. Such was the
with Gen. Jackson at New Orleans, Gen. Tay
Tor ut Buena Vista, and such has been the case
in the civil administration of the the govern
ment, National aud State, from the Executive
down to the lowest municipal officer As well
might luryman or Judge refuse to recommend
a convict TO mercy, because he had been called
by hard names. We are creatures of circum-
stance, and in many instances it is the circum-
stance, which makes the duty and palliates the
offer CO. In this case, it was the official duty of
Consul Owen 10 see that those men had fair
trial, no matter what might have been the i'm
piled instructions of the President. And as a
man, he was bound by every consideration Of
justice, humanity and christianity TO interpose
the weight Of his private and public character
to mitigate the summary punishment, visited
upon those unfortunate prisoners.
But let US look at the first article of the
Herald, and see whether the language of that
article does not justify the brutal treatment Wis.
tied upon those prisoners.
In referring to the proclamation Of the Pr"si-
dent, the Herald says:
.The expeditonists were warned that if they
continued in the course of conduct in which the
President presumed they were engaged, they
would place themselves yond the protection
or interference of their government, no matter
what may be the condition to which such con
duct would subject them, and that they would
be left without any interference whatever in
their behalfb by this government, to be dealt
with according to the laws of that country
whose territories they might invade. Such, we
believe, was the import of the Presidents Proc
lamation, and such, we may add, it ought to
have BEEN
Observe the last sentence in this extract
sSuch 1ras the import Of the Presidents proc
Iamaiion, and such, zoe may add, ought to
hare been,' says the Herald.
Again, speaking of the duties of the Consul
as an officer, the Herald says"
Gas subordinate Executive officer, did not
Consul Owen act in strict obedience to the let
ter and spirit Of the Presidents Proclamation
Admitting all that is charged against him 10 be
true, he did; and if he had acted otherwise he
would have acted in direct opposition to the ex-
press declaration of the President himself. Now
how does it lock to remove a man from Office
who has faithfully fulfilled the duties of that of
fee. With what show of reason or Justice can
the President justify himself in removing sub
ordinate, who has faithfully carried out the letter
and spirit Of his, the Presidents own instruc-
tons"
And again, in speaking of the conduct of the
Consul, the Herald remarks:
aInstead of branding the Consul with official
derelcton Of duty, he should be held up a
model of fearless integrity, and as faithful SER
want of the government in discharge of an i'm
portant trust.
First then, the Herald approves of the proc
lamation of the President. Second, proclaims
that there was course for the Consul to pur
sue, but to act in strict accordance with that
proclamation, and lastly, approves in terms of
eloquent compliment, the course Of the Consul
upon that memorable occasion.
Now we submit to every candid and impair
| extracts, does not irrctrievably commit the cdi-
tors of the Herald: 1st, to the policy of the ad-
ministration i'll its treatment of those expedition
lists; End, to an inconsistency in reviewing the
course of the Administration, upon the subject;
| Sd, to full and complete justification of the
Consul; and lastly, to an approval of the brutal
punishment visited upon those deluded Young
| men, by the miscreant Concha. If the position
of the Herald be as we have quoted from its col
ums, that the President was justified in his proc.
lamation, and that the Consul was bound to take
that proclamation as the supreme law for the
government of his conduct, then most certainly
it cannot escape the charge, which we have
heretofore, and still make, that it approves the
punishment visited upon our brcthcrn in Cuba.
! We leave the editors Of the Herald to extri-
ate themselves if they can, from this unfortu-
nate dilema, and insconnection with the tvrant
Concha, to console the friends of ffty-two
| murdered men, by telling them that they deserv-
ed their fate, thrust as they were before their
maker with scarcely q moments time for pre-
paration.
| DEsEcRATIoS OF THE SABpATH.-The edi-
| tor Of the St. Louis Union, in reply to letter
from citizens, gives his opinion that it is not
wrong for those whose religious or anti-reli-
| gious notions so prompt, them to play ball,
throw quaits, &c, on Sunday, or rather, that il
is religious prosecutions to legally prohibit them
from doing. But very small portion of the
Christian community will agree with him.
| When it shall come to pass that cities and towns