The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-15

aggrisved, the same as they are in any country to
its own citizens. He also suggests that the United
States may have serious reclamatOns against Spain,
under the Sth article of the treaty of 1885, on &C
count OF the massacre of the 6ty American prison
ers, on the 10th Of August. The Official and de.
tailed reports of those transactions establish that
the victims were not taken fagrante deii1o, with
arms in their hands, but in open boats on the sea,
Matnous arms, aud making Tor an American port.
Iney were not tried, but only examined by mill
tary commission, whose sitting was attended by q
nscai Inc PRISONERS all made the same answer.
They bad come to Cuba as q part of an expedition
to assist the Cnbans in securing their liberty and
independen under the assurance and full belief
re. sne aiahd was IN state Of war. When they
discovered their error, they Immediately, without
any delay, threw away their arms ana left the
shores of Cuba by the first means thew could nro
cure. BY their own statement they were peaceabIs
men, passing from Cuba to the Uated States
They were executed without any trial, in whi,h the
contrary was or could be shown.
The following Is the applicable clause of the 9Th
And in ali cases OF seizure detention, arrest for
debts contracted or offences committed by any ctzea
or subject Of the one party within the jurisdiction
the other the shalt bs made and prosecuted by
order and authority of law only and according to the
regular Of proceedings usual in such The
citizens and subjects Of both parties shall be allowed
to employ advocates Solicitors notsres, agents.
and factors as they may judge proper in all their AZ
fairs, and in all their trials ut law in which they may be
concerned before the tribunals Of the other party aud
such agents sha have free to be present at the
proceedings in such and at the taking of ali
said trials
The prison ers not allowed any advocate,
nor were they permitte to adduce any testimony
corroboative OF their own assertions 1t will doubt
less be urged by the Spanish Cover thai the
above stipulation WAS never meant to apply to the
case OF invaders o. their country its provinces.
But it would seem tina tbi, offence could hardly be
excepted from the ass designated as ''crimes" by
the treaty.
There is also the nost conclusive evidence in
possession e the STATE Deps tnsnt, that the cdarge
Of mutilating the emains of the prisoners is true
This is matter which cannot enter into d ponatjc
discussion between be Secretary and the Minister,
but it IL one well calculated 20 exas perate the POI
pular sentiment against Spain, and to render the
adjustment OF the questions she has started the
difficult.
The Minister is placed in some what difficult po-
sition by the reception of HE uuimatmg,. He is
anxious to settle all differences, because, am On ?
ether reasons, his residence this govern nent
has been very agreeable one If ability, prudence,
and moderation OF character will suffice extrcate
him from the embarrassments into which the pre-
cipitation of his government has thro wn him,
friendly relations will soon be re-establshed be-
tween the two countries.