The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-18

stances tho proper tribunal to take cognzaness II
charges against them.
do not advance these arguments Lightly. NOE
with any view to my own advantage They cen
now do me little good. have consulted some e
tho most eminent legal authorities hsre, in ysR
Excollency's own country, and they SUSTAIN ~
positions If they have any effect in restraining
the interruptions government Of Cuba from future
outrsges upon the fortunes, liberties, and lives q
my follow countrymen there resident, il they save
one American from the suffering and ruin that has
been so mercilessly hoaped upon me, my object WI
nave been obtained, and my reward exceed my Ut
! have the honor to DO your Excellenoy's veg
humble servant. j s. THRAsH1R
To Mr.. Webster.
MADRID, March q, 1892.
Hon. DANIEL WEBSTER, SECRETARY or STATE ron
THE UNITED STATES OF AMERICA
SIR-In your despatch Of Dec. Is last, TO ths
Hon. DR.. M. Barringer United States Minister 70
Spain, as published in the NEW YORK HERALD, yea
led into one or two errors, which beg leave to
correct.
You say-ssIt is much to be regretted that Mr..
Thrasher has made no communication whatever 70
this department respecting tho circumstances Of hA
cnse so as to enable to soc what are the precise
grounds of his complaint"
l was arrested at Havana, on tho 10th day Of De-
tober. For the first five days my arrest was merely
an honorable detention but had the semi
monthly steamers left for the United States, than
was thrown into dungeon Of the prison, and
thonoo transferred to ono in the Punta Castle. Fer
sixteen days, or until after the next semi month";
departure Of tho steamers, | was kept in strict
solitary confinement, with utter deprivation Of ~
communication with tho world During this time
it was impossible for mo to transmit any informa-
tOn to the department
When was allowed to SEQ my friends, Mr.. Owen.
the American Consul, but lately appointed by the
existing administration, came to mo, and as
surcd me that he had laid my case fully before the
Department Of State at Washington During tho
time intervening between this and my subsequent
embarkaton for Ceuta, Mr. Owen occasionally called
mt the fortress to see me- and continually expressed
his great surprise that communication had come
from the Department of State in regard to my cases
always assuring me that not only the communities
tions made to him, but several that had been
made in my behalf by my friends, had all been
transmitted to the government of the United States
Under these circumstances judged it superHuous TO
make direct communication to tho department..
as could add nothing to the information already
before it.
You say-ssIf the official account of tho Spanish
authorities be correct, Mr. Thrasher appears to have
expatriated himself, and to have become become,
at least for time, n subjoct of the crown ofSpan~
The authorities neglected to inform you that on
the 9Th of September, 1850 in communication to
the Captain General Of Cuba, | expressly and uns-
quivocay refused to take out letters Of naturalixa
ton, and thus becomoa subject Of tho Drown Of
Spain.
1 embrace the present opportunity to transmit TO
you copy Of a letter addressed by me to General
Concha, upon the subject Of domciliation in Cuba,
and the trial Of American ctizons by the permanent
military commission of that country.
submit to you with much diifdence the argu-
ments it contains, and not rs my own views only.
but those Of somo of the first legal attainmenss
in Spain. Whether you will find them Of sufficient
Ind, tfv nC fha riniAn
expressed in your letter of the 23d of December
las, to the President, know not, but it is to be
hoped they may have some weight with the present
rulers of Cuba.
The world now knows what an extorted and I'M
warranted Interpretation given by tho Spanish
government, both hero and in Cuba, to the unfor-
tunate wording of the Presidential proclamati0ns,
in regard to expeditions, and you well aware Of
the extraordinary pretcnsions that have since beea
made by the Spanish Ministers, in relation to the
right of capture on the high seas. (cide Contoyl
and in subsequent questions that have since been
suscitated between the two governments
These facts, and the known disposition of the gov
eminent of Cuba towards American citizens in gene
raj, lead me to anticipate the most disastrous con-
sequences from the unwarrantable Interpretation 1
may give to your letter.
II the government Of Cuba was one administered in
accordance with statute and justicef the law were
respected by its ministers-or if the executive
power there absolute it were guided in it's action
by any fixed principles am well aware there is
thing in that letter which would endanger tho per.
the property Of single American citizen.
But while such is not the case-while not only ex-
listing laws are disregarded, but con-
inually" decreed by the arbitrary will Of man,
as circumstances may seem to him to require-whio
the ministers of justice and the administrators Of
executive power seem animated solely by ono idea,
that war of races exists-what interpretations and
what action therein may we not dread
To prove to you thatI do not speak from per-
sonal feeling alone, will cite well known fact in
the history of that same permanent executive min
far q m
Americans in Cuba. ] will only premise that in
l77S torture declared by Charles III. to be
sbarbarous and Infamous and was expressly pro-
hibited in Spanish tribunals; and that when tho
lnquistion fell before the decree Of the famous
Cortes of Cadz in 1872, that last relic Of the bar
barous ages disappeared, from the eoclesiasti
cal tribunals Of Spain.
In ls4i-5, in the trials during the execrated in
vention Of 6 black conspiracy" hundreds of ne
groes died under the LASH tied to ladders by order
of the permanent executive military commission,
and in consequence Of confessions thus extortod,
hundreds of others were sent to the presidios and
mines of Spain. Ito the Presidio OF Seville alone
were sent over 1901 Large numbers were ex ecuted,
and how many died in prison or Immediately after
their liberation, can never be known. There were
not wanting both American and English victims IN
this nquitous affair Many engineers, and even
Jroprictors arrested, not few of whom died
curing imprisonment in consequence of the suffer-
ings they there experienced
The sequel is instructive. Pedro Saazar, the
tool fiscal Of the military commission, followed his
victims, condemned to the Preside of Seville Leo
rodo ODonnell, the master spirit, Captain-General
Of Cuba, retired to Spain with something more than
one million Of dollars the fruit Of three years loyal
administration of the government.
Shall we abandon countrymen to the tender
mercies Of such tribunal and such a government!
have the honor to be your very humble servant,
j. s. THRAsHER.
Important from the Spanish Penal