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

summation Of so manifest and grace an infrac-
ton Of the lars"
The French minister, in the course Of a long
despn,ch to the Mexican Secretary, under date
OF 9th June, lS44, makes the following state
ments, which we extract somewhat al length to
show how exactly they apply to the case Of the
associates Of Lopez:
"ii's cxcelicncy the President these are tho
words OF the Minister Of Foreign Relationsl
relies on The decree of the 18th June, 1913, to
order the foreigners who have been apprchend-
ed in the vicinity Of Tobasco to be nut to death
'cithoat trial. Has this decree, which DESTROYS
all rules OF justice, been made known to the
diplomatic corps' If this had been done. pro
tests Kot'd mare bern ra,sc9 from crery quarter,
and tie trgations ,ooud mthlre faiied to de-
man" hnta riat should, on OCCASION be coaced-
Ell 10 indictduals Of their respeciire nations.
"but even in his rel apce on this decree, his
excelency the President bers the question /: he
declares men guilty whose guilt doubtful
what, IN TACT, does the decree of the / 9TH juno
says That no quarter shall be given to for
eigners who may be taken with arms in their
hands. Have those who have fallen into
the power of General Ampudia been taken
with arms in their hands !? All the ndvices from
I"basco-even those inserted in the official
llournal-prove the contrary. They hnve been
taken without arms, and The greater part diving
ut hunger According tn this, therefore, they
do not present case to which the decree Of the
Eth June, 1s43, is applicable.
"a solemn trial only could hare brought out
the truth--conld have made known the guilty
ana the innocent who were invaders and who
were inotf,'nsive men; who were taken with arms
IN their hands and who came unarmed After
h aving proved these tac's'legalIy and bv a reg.
| u'ar proceeding, the government would have
done Justice; the guilty would have suffered
| their punishment; the innocent would have been
pardoned, and society avenged; public ven
geance would have been satisfied, and humanity
would no, have had cause to groan
sBehold, this is what the undersigned de.
manded. He demanded justice, and Gid not in
woke clemency which he might know ought
not to be conceded to him. He demanded a
| legal proceedings regular and fur trial; and
he demanded it tn nroid tie odium of sentence
| Of death Without trial!
"Fhe undersigned will limit himself to citing,
first, the 9th article Of the treaty with England
which places the subjects of her Britannia Mai
esty upon ibe same footing with Mexicans in
The administration Of Justice; second the l4,l,
article OF the treaty with the United States
which says that the citizens of that republic
shall enjoy, for their defence in matters of law
the same rights and privileges as Mexicans; and
third, the 9th article of the treaty with Spain
which places the subjects Of her Catholic Mai
esty on the same footing, as to the adminis,ra.
ton of justice, with natives of the country.
"To resume The undersigned has demand
ed that the eternal law of justice should be APP
piled to the untortunates embarked on board the
schooner which has been forced upon the shore
If Tobasco; he has demanded that they shall be
legally tried, that they might have an oppor
tunity of justifying or explaining their conduct
before competent tribunal. He has based his
demand on tile treaties and constitution of til.
country"
Such wos the language of France and Spain
in relation to French andSpainish subjects who
in time of peace, had invaded Mexico under the
lead Of a Mexican citizen. We observe in the i
language nothing like the Presidents procla
matchmaking like its acquiescence in thu
refusal of the legal trial secured by treaty sipu
lat,on--nothIng like the broad disclaimer Of on
government of any right TO intervene officiall,
in the case-and, finally, nothing like the hum
bic intimation of its sprivate wish'that som,
mercy may be shown! The French and Span
ISH take qulLe uIHeTent Tone
They demand the law-the law with its formal
ities-the law with its regular and deliberate
justice, as guaranteed by treaties Is it no:
contrast tit to bring blush to the cheek Q
every American?
But there is another precedent nearer home
and, as We should Judge, not without some right
full force with the present administration. 1t il
the precedent of President Taylor Dur;n.
the second summer of General Tavlor's ad
ministration, an armed inuasion Of Cuba, by al
organized body of American citizens, took plac,
at Cardenas, on the 10Th of May, 1850. Abou
four hundred men landed in the night, took tn,
town, burned the governor house, and slew i,
battle fifty Spanish troops. As these invader
we're re em5arking they were charged b,
Spanish lancers, dispersed, and seven of then
made prisoners. At the same time about on,
hundred others belonging to the cxpedit;o,
were captured in two vessels near Contoy o.
the same day, the 10Th of May, Alcoy, the,
captain-general of Cuba, by special decree
proclaimed Cuba in a state of siege, and order
ed "all persons, in any number, belonging t.
the invading bands to be Immediately shot"
Just as soon all this became officiall,
known to General Taylor, he, on the 31st ofth
same month, through the then Secretary of Stat.
directed General Campbell-then consul a
Cuba-to demand a fair trial for aHMe yAmcri
agains. Spanish authority in Cuba; and he fur
Their instructed the consul TO report any refilsa
of such trial, in order that Spain might be hc,.
accountable. And, moreover, in the same des
patch he referred to the provisions of the treat,
OF 1875, as governing Spanish action in the cas-
of the invaders!
Here the words Of Mr. Secretary CLAY
ton to Consul Campbel:
/ IMPAIRMENT OF STATE,
Washington, May 81, 1850.
1.-The duties devovng upon yon in conse
quencc of the fate of the hostile expedition
against Cuba will require the exercise of all tn,
prudence and firhiness which you can com
| mand.
"Bnt, although your duties will be at once ar
duous and delicate, you will bear in mind tina
they must be such as strictly belong to the con
suar character under the law tf nations. The
Spanish government has refused tn consider
your functions as in any respect diplomatic :
You will, however, be vigent in ascertanine
| who among your countrvm@ n in your consular