The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-21

this country, he 10 answerahle 10 our courts for
whatever violations Of the most tyrannic&l Of the
Cuban laws and police regulations he has committed
at Cuba, he ia liable 10 the severest punishment
the despoc tribunals Of that island can award but
to punish hin ct Cuba, for alleged constructive
treason committed here, is q novelty in juris-
prudence which lawyers viii scarcely credit Il is
the unq0estiona6e right Of every American citizen
to visit any country with which We are allied-to
travel over it from north to south, from cas-. to
west, carefully respecting its laws and usages; ;
and further, when he returns home, to ex.
erc;se On what be has seen and heard the
Same liberty Of speech as he is entitled to enjoy
with regard to the institutions and manners, OF
his Own country. Any attempt 70 curtai that right
is direct aggression upon the United States; and
when accompanied by the aggravating circumstan
ces which marked the treatment of the Crescent
City, 10, we said, tan.amount to declaration Of
war.
Furthermore, it is an undoubted principle Of in
ternational law, that while foreigners are always
subject to the laws Of the country in which they
resident, the arbitrary punishment Of foreigner,
withou. the formahty Of a trial, and full oppor-
tunity afforded him TO exculpate himself, is an ag.
erosion which win be promptly resented by the
nation to which he belongs. This principle was ex.
yIesaly acknowledged by the treaty with Spain, to
which we have alluded above the ninth article Of
which secures to the citizens or subjects of the
United States and Spain free access to the courts Of
justice Of the other in all cases. and provides th At
all cases lha be prosecuted "by order and authority
Of law only, and that the parties shall have liberty
Of counsel and defence. Yet, We find the Cuban
authorities Furnishing Mr.. Smith for an alleged
offence, without afording him either the means Of
ascertaining the exact charge against him, or an
opportunity Of confronting his accusers or the assis
taree Of q counsel-which, We presume, even in
Cuba, is not denied to the meaaest criminal He is
tried and convicted in his absence, on the informa
ton Of set Of rascally spies, and the punishment
forthwith inflicted 1t is hardly necessary to explain
that Cuba has not dared 60 farther than forbiddng
him, and the vessel on board of which he employed
the Of the island Even Canedos fool hardine
scruIled to ousstep this measure Of vengeance. But
to Mr. Smith this punishment is necessarily severe
it amounts to depriving him of his means Of subss.
tence. If we allow the principle to 60 forth un.
questioned to the world, that foreign power, with
which we are On terms Of friendship and amity, may
inict punishment citizens for alleged often
ces, without the formaty of trial, or an opportu-
nifty OF defending themselves then indeed the once
honored title of an American citizen will be poor
passport abroad. In older time, the most barbar-
Gus nation shrank back in dismay when foreign
er, arraigned before their rude courts, boldly pro-
claimed that he was Roman citizen; and in the
present day, even Austrian and French tyranny
dare not infict injury on an Englishman. Shall it
be said that We less careful of the interests Of our
citizens! Shall foreigners boast of the protect IN
afforded them BY their governments, while we allow
the petty provincial authorities of Cuba to insult
and punish-for We must bear in mind that this is
punishment inflicted by the modern inquisition Of
Cuba-one Of our citizens with IMMUNITY! Forbid
it Heaven.