American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-09-25
T.ohnie.l, rather than correct.

countries do not abandon their subJects-has
excited so much just indignation, that the
National mtelligeacer of yesterday "wednesday
comes 10 the rescue of the Administration as
follows:
Uayino received the above Circular from Its author,
wa nublsh il without reserve, just ID came to 1t
Il dine 10 the of the United States, however, TO
saw that his Proclamation against the criminal enter
prize known be medtated against Cuba, he did no
such thing proclaim that they the prsoncrs were
out Of the pale Of the law Nor we are morally certain
did Mr.. OWEN the United States Consul at Havana, In
his communication TO the prisoners, whatever language
he may have employed, represent the PRESIDENT TO hare
used suc language. There Is much virtue in words, in
such this, and much mischief in misrepresent
ing them. The Presidents Proclamation is record,
and speaks for itself THERE'S no such language in It,"
What, Messrs. Editors of the Intelligeacer,
| (you who so well know the "virtue in words, y
is the duty of the President and his subordinate
consular agents? Is it not to see that the laws
and treaties are observed by friends and by
foes, by nations and by individuals? If SO,
what is the language of the treaty which it is
his duty to maintain, and also TO see that SPAN
odscrves7
In vol. 8, p. 142, article 7, (See Little and
Browns edition,) United States Laws and Trea-
ties, will be found the agreement between the
United States and Spain. To it the attention
| of Mr. Gales is specially invited.
"And it is agreed, that the subjects or citi-
zens of each of the contracting parties, their
vessels, or effects shall not be liable to an en-
| barge or detention on the part Of the other, for
any military expedition or other public or private
purpose whatever And in all cases of seizure,
detention or arrest for debts contracted or Of
fences committed by any citizen or subject of the
one party, within the jurisdiction of the other,
the same shall be made and prosecuted by or
der and authority Of lar only, and according to
the regular course of proceeding usual in such
cases. The citizens and subjects of both parties
shall be allowed to employ such advocates, solic-
itors, notaries, agents, factors as they may
judge proper, in all their affairs and in all their
trials OF law in which they may be concerned
before the tribunals of the other party; and
such agents shall haze free to be present al
| the proceedings in such causes, and in the taking
4 of all examinations and evidence, which may be
exhibited in the said trial"
/ This is the language of the treaty made with
Spain by Washington himself, through the cele-
brated Pinokney, on the 9th of October, 1895.
be seen that the twelfth section of the treaty
made with Spain in 1919, by Mr.. Monroe,
through John Quincy Adams, is expressly econ
frmed !" and it is at this moment in full force.
The duty of the President, then, is to see
that in oil cases of seizure, detention or ar
rest, for offences committed by any citizen OF
subject of the one party withm the jurisdiction
| of the other, the same shall be made and pros
'ecuted by order and authority of law only and
according to the regular course of proceeding
usual in such cases." 1t is also the duty OF
the President, through his subordinate Consular
agents, to see that citizens who have been seized
or detained by Spanish officers, to be tried for
offences, are allowed 'to employ such advocates
as they may judge proper" &c., sc.
Has the President faithfully discharged this
duty? Let two things answer: first, his pro-
clamation; second, the conduct of his Consul
who, of course, acted under his instructions
A portion of the proclamation of President
Fillmore reads thus:
"Now, therefore, have issued this my pro-
| clamation, warning all persons who shall con-
| meet themselves with any such enterprise or
expedition, in violation of our laws and ma
tional obligations, that they will thereby sub
ject themselves to the heavy penalties de-
nounced against such offences, and aciH forfeit
their claim TO The protection Of this government, or
III
what extremities they may be reduced in con-
sequence of their illegal conduct"
What clause in the Constitution clause
in any law Of the United States-confers power
upon the President to declare forfeiture of
the right of a citizen to the protection of his
country! No such power has been granted to
an executive officer; If lodged anywhere, it is
power conferred upon the judiciary. What!
Can the President outtaw whom he pleases-
and that, too, without trial-when absent from
home and friends, and when in peril in q for
eign land? Kings and Emperors may have
the power, without hearing of any kind, and
whether at home or abroad, to seize the proper
ty, and outlaw the person of q citizen-to for
Jea all his claims to the protection of govern
ment, without q moments warning, and upon
the merest within and the idlest caprice but
the President of this Republic is not yet either
King or an Emperor and, however much he
may desire to outlaW citizens unheard, without
the benefit of an honest and impartial trial, he
is yet powerless to do more than exhibit his
desires, unless he trdmples upon the lars.
Mr.. Owen, in failing to make an effort to
maintain the rights of citizens Of the United
States in Cuba, failed to do his duty. And the
President, in not requiring the Consul to see
that the seventh article of the treaty Of 1906
was observed by the Spanish authorities, in
good faith, failed to do his duty.
The Intelligeneer may affirm that the Presi-
dent did not say " the prisoners were out of the
pale Of the law" but, after allowing all tn,
"yirtue in words" which he can justly claim
can he say that the President did not practi
cally forfeit their claim to the protection o
this Government" by abandoning them, as h,
clearly did, through his subordinate, Owens