The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-26
Our WasAanstoa Correspondence.
WASHINGTON. Nay Is, 1852.

Mr.. Netster-7he Policy of the Cuban Go
rernn,enf. &c.
Tho ietten Of Mr.. Thrasher to General Concha
and Mr.. Webster, as published in the HERALD o.
the 10th, are bot able and ingenious. The former
am convinced, made him the victim of that stern
policy which oftentimes rules tho conduct Of men
IN absoute power for such is almost the real autho-
rity Of the Governors Of Cuba, when their own
judgment, the influence Of those "noar their per-
SON." seem to dictate tho adoption of arbitrary
ana even unjust measures towards individuals, to
achieve an object considered of great public good
general safety; for d. not believe General Concia
capable of inhicthlg such wrong from the impulses
OF his own heart-generous and ncblo as he is nd
mitted now to be. Tho latter argued the points
of domiciliation and expatriation-as Mr. Thrasher
very pertnently observes-as though every ono
treated us with tho scrupulous regard to JUS
tioe as We treat them. Still it is due to Mr. Web
ster to say that he took feeling interest in the
fate of Mr.. Thrasher, rs tho probable arbi-
trary action of the Cuban government became
known to him, and made his case-when his con-
demnation and transfer to Spain was announced
the subject of conference with the Spanish Minis
ter, and of special despatch by spo,ial messcn-
ger to our own Minister at Madrid. to which he
was, in some slight degree, urged probably by
the representations of one or two of Mr.. THRASH
er's personal friends, whom know that he received
at that time with much feeling and kindness, and
listened to with patient attention that may have
consumed time due to other affairs But whilst Mr.
Webster's theoretical argument went to prove that
. resident, or even transient visitor in q foreign
country, becomes liable to its ordinary tribunal,
against which ne objection could bs raised, the
friends of Mr.. Thrashcr could not officially expose
to him from their personal knowledge the gross out
RACES committed by the Cuban authorities them
selves upon those very local laws by which it was
urged MIR. !: would DO properly tried That was the
point with Thrasher's friends; would he have such
trial as would fully expose his guilt or innocence,
or would he be brought before the Executive Mill
tary Permanent Commission" established in 1917,
and operating when Americans are brought before
1t in direct contradiction of the treaty of l79j a
court in fact Of condemnation, for doubt if it was
ever know to have acquitted ono of its victims,
unless by the orders Of ITS real SUPERIOR the Cap
tain General /? Tho civil laws Of Spain are in
themselves wise and benificent and especially di-
reced to shield the poor against tho expressions Of
the rich but, in the administration of those laws,
in the island Of Cuba through favoritism, bribery
the open personal solicitations to the judges, and
the almost fabulous extortions of fees and taxes for
stamps, notaral charges, &c.. lies the evil and tho
chief one of which the Cubans complain, and on
which they found their justification Of another at
tempt to rovOlutonize the Islands. Tho great
Tacon, when he effected his sweeping and salutary
abuses in the practice af the law, but hero his
power to do good ceased; the whole tribe Of judges,
notaries, and clerks was up in arms against him,
and practice, prcc edcnt, and tho law itself, were
cited against his honest endenvOYs to afford the
people the means of obtaining justice, without in
volvng themselves in costs beyond the value Of tho
object commended for. Tacons efforts wero almost
useless, and to this day an individual engaged in Il
law suit continues to demad the commsoration of
his friends AID neighbos, equally with ono who
might have been stricken with an incurable if not
mortal disease. repeat that it is in tho corrupt
administration of the law, by which the entire
mhon OF its satellites, that the Cubnns suffer the
greatest wrsngs They would, perhaps, cheerfully
lay the heavy taxes to which they are subject, and
submit to their exclusion from Office, but they
demand security against the whole tribo Of
the officials Of the law, into whose hands they
know not at what moment thor property may
pass through tho workings of that machinery,
Of which one Of the legal profession in America
tinker could form Of the mysteries of steam en-
gine., think have before related in detail the
anccdoto of the rich old planter, who, when in
formed, after the invasion at Cardenas 1850, that
from Spain, exclaim ed Indignantly, 6 Troops what
want we with more troops? Let her Majesty give US
secure and just administration Of the laws and she
may keep her troops at home.'
But set out with n view to relating crcum-
stance, illustrative of the arbitrary action of the
g military commission" under which MIR. Thrasher
was tried, and have nearly reached the close of my
letter without givingit. In 1874, this same military
commission was charged with the prosecution Of the
inquiry into the alleged intended Instruction among
the blacks. How they performed this duty. Mr..
lmasher has given you some idea. Strange to say
that many white people were accused and arrested,
on the charge of participating in the diabooal
scheme, among whom was a clerk of friend of
mine-a British subject, who Gas he described
the facts after his release) was called out of
coffee house, whilst sitting with party, by
well dressed man, who inquired his name, under the
pretencc of his desire to speak with him but rs he
set foot nthe ba,qucte he found himself surrounded
by " commissarios," whose polite invitation enter
rcidne was irresistible, and he was carried TO the
cared at the Punta where he was kept five days SIM
con'nhnastado," q suppose you arc aware of the
meaning of the term applied in Havana you are
not allowed to speak, even to the jailor who brings
your daily food) thence he removed on foot,
with his arms pinioned, to which was attached
rorc in the hands of Dragon. before whom he set
cut on his way to Matanzas the scene of action of
the cluetios of the military commission But after
marching seven miles, his guard permitted him to
avail OF the kindness OF II ''moacro,' who proposed
taking tho prisoner into his wagon, the Dragon
lengthenng his rope to accord with the arrange
ment At Matanzas he was Immediately placed I'm
connritniscad0" for three weeks, when he was
permitted to leave his dungeon and mingle
with the ordinary, prisoners for the term of
the commission, and the usual question put to
him, s'What is your name!'' 1t was given "Who
is there here in Matanzas that knows that to be
your name!' He mentioned three or four persons,
who were Immediately summoned and corroboratcd
the fact. cit is well,' said the President OF the
tribunal, "let the prisoner be remanded." At the
end of three days more he politely escorted to
the gates of the prison by his alcr who told him he
was free, and the only explanation he could obtain
from him was that he . believed the officers who
arrested him had mistaken him for another person
Of this he soon satisfied himself by being allowed
at tho tribunal to read the decree for his liberation.
IT is quite unnecessary to pursue the subject-re-
dress for the acts Of the Military Commission And
yet it is before this tribunal-this court martial
this military commission" whose avowcd opjec.
court Of condemnation, which but registers the
foregone conclusion of the military chief of the
island, whose declared organization virtually abro-
gates one of the principal articles of the treaty of
I195-it is to such n court that American citizens
will be amenable on the mere suspicion of partci-
patton in the next attempt that will be made TO
revolutionize the island through external aid. |