The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-01

matter OF the Cuban proclamation and the treaty with
Spain. We pass by unworthy OF our notice, and
equally unworthy OF place in the columns of the Re
public the poor petence that the administration has hh
erio failed TO answer in this matter only because il
doubted the seriousness OF accusation. Does the
storm Of public indignation through the length and
breadth of the land which has burst upon the head OF
Consul Owen, appear to the Republic TO be only a
ghasly joke " Or does the Republic deny that
the consul has squared his conduct towards the Cuban
prisoners exactly by the terms OF the proclamation, and
must stand upon it If acquitted and fall with il if con.
demnedl Before this business is finished both the Re
public and the administration will find out that however
!" CHASTITY" its aspect may be. there is no manner OF
+" Joke" about it,
what are the facts OF the case and what is the question
which they present to be argued
LIST appears that certain American ci,izensffty or
more-whie making the best OF their way home, I'M
armed and deenceless fugves from the coast OF Cuba
to the United States, picked up at sea, in open
boats. bya Spanish steamer carried in chains TO Havana
ncarcea'ed there for few hours, denied all
aid or counsel Of any kind whatever and then shot down
by platoons, without any pretence Of any legal trial
ascertain the nature degree OF their guilt The guilt
however was of the most capital charac,erprobably in
volyng. in the judgment of the Spanish authorities such
offences MURDER robbery, instruction, and public or
private war against the Spanish government OF the
island.
I'd. Al the time when these American citizens were
thus taken out of their Cuban dungeon and shot with
out trial, there in force between Spain and the Uni
ted States treaty OF peace and amty, expressly stipu
ating that whenever any citizens of the United States
should be seized, arrested, detained for any offences
perpetrated within Spanish jurisdiction, such citizens
should be prosecuted to due punishment by regular and
usual process and authority of law and in such
only, and, part Of such due process of law should
have all aid Of counsel and other agents need
full to fair trial.
3D. In anticipation OF the offence which these Amer-
alleged TO intend against the laws OF the United
Saies and in anticipation also OF the further offence alleged
to be intended by them against the Spanish authority in
Cuba, the President of the United States formally pro-
claimed TO them and to the world that they should
forth from shores in order perpetrae such offences
the Spanish authorities would not be in any way inter-
fered with, held TO answer, by government, no
what they might adopt towards any Of
citizens, offending, who might fail into the power
of Spain, and be held by that power for punishment
In this of facts have charged that the Pres
dent by bic proclamation, abured ard repudated before
hand his sworn constitutional duty 10 see tina, Spain
rghuuy executed the stpulaons of the treaty in favor
of those offending Americans after their and ncar
ceraton. Spain did not do in their case what abe was
bound to do by the treaty after their The Pres-
dent kept his word, and did not interfere and So by
of the Presidents sbjnra,ion OF his Duty
the men. being in the custody of the civil authority of
Spain, died without the trial which, as offending
American citizens, they entitled by the words of
the treaty.
And now, what is the Republics first point in
to this charge' We give its own words:
"To sustain this proposition. it 1.-THE Unonl dem
that the invaders ought to hare been
fsd and shot doDn by the Spanish troops but that
should been before the Spanish tribunals
against cenain Americans unknown who had landed
island with artillery and firearms, and proceeding
10 Jake military possession"
To this reply: The Americans who, with arms in
their hands, shot down by Spanish troops in battle
were illegally dealt with They had appealed to the
laws OF war; and died in stricken battle under those laws
The calling of the military by Spain TO repe by force
the armed invasion violation Of the treaty, aid
there call for any other legal process the battle
field than the due order from the commanding officer
Blu, the Republic knows and we know, that all this has
nothing whatever TO do with the fate OF those who,
when there was no battle, arrested unarmed, and
flying in their boats and then handed to the civil
power and confined in its dungeons. These men-or
some OF themmigbt deserve death, or they might not
But whether they deserved death not the treaty had
stipulated that they in with all other American
offenders should have fair and legal trial. That they
were thus sho, without such trial, in plain violation of
the treaty. is directly aceabe TO the official act OF the
President OF the United States in most fatally and unaw
fully procIamng them beforehand to he out Of the pale
of his interference and therefore out OF the pale OF the
law and the treaty.
The distinction we here take between the case OF the
men who stood under arms on the battlefield and the
same after they had been arrested and placed in The
custody OF the civil law, gives 10 the wind all the Re
pubies clap frap hardly deserves the name OF sophs
try-about the Creoies invading the islands of the
coast Of Georgia." or George Thompson. with FIVE
hundred abolitoniss, making descent on South Caro-
lima" All such dongs would be queed legally by the
nusket while they stood no in armed resistance and le
gally by the gbbet. after legal trial. If they submitted
TO arrest This Just what the United States will
do in the Lancaster treason, il the political anities Of
the Republics good friend, Governor Johnson, do not
somehow get in The way and embarrass the matter.
The Republics next point in defence OF Concha for
shooting the Americans after their arrest, without lega
trial. shall also be stated in its own words
"Eyery treaty must be interpreted in sobordination
the principle of national self-preservaon No govern
me nj ante 70 into a that binds IL the c