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

minated or sufficiently advanced for Judgment, tho
court is constituted by calling in some of tho suba-
tern officers Of the garrison, AID after hearing the
reading of the process and the defence Of the ac-
cused, sentence is pronounced In accordance with
the present practice of tho tribunal. this defence
| must be conducted by officer Of tho army, all
legal counsel and notaries being prohibited in the
| court.
Tho invariable method Of procedure is sudden ar
rest, solitary confinement, with prohibition Of all
communication, arbitrary and long continued in
tenogation Of the party himself by tho prosecuting
attorney, (who possesses all the advantages of legal
acumen and practice to which are not unfroquently
added personal hatred or national antipathy, while
the party himsclfis deprived of all benefit Of cOun
sol) and the final formation Of the accusation or
charges.
The Inauguration Of permanent military COM
mission in country, is ofitself suspension Of all
law, deprivation Of the citizen of all rights and If
Spain and other nations have resOrted to this ex-
treme measure in time of great public danger, whom
the danger has passed when commotion has ceased
when profound peace is restored the necessity of
res0rting to such violent to exist,
! if not for all, at least for those appertaining to
another country, whose rights are protected by
low citizens, such protection they have right to
| expect Indeed, the mind Of man hardly con-
template tho continued existence Of crcums of
public danger which shall render necessary thirty
| years session of military commission.
In 1875, when the existing treaty was ratified
| tho military commission in Cuba, rs a permanent
| tribunal, did not exist. II was instituted thirty
years afterwards and in STIMULATING that the trials
and suits of the citizens Of either country shall DO
made and prosecuted by " order and authority of
law only it certainly never was contemplated that
in either country, citizens of the Other would, in
time Of peace, be subjected to the decision of a
court-martia without defence, for a constructive
| crime.
Let us suppose, for instance that with tho same
authority under which the Spanish government has
permanently instituted the military commission in
6uba giving it cognixance in all charges of treason,
and deprving the accused of legal defence, it were
to introduce tho practice Of torture in those trials
could your Excelloncy apply this also to American
citizens, under the pretext that it was general
law, and that you were proceeding in accordance
with the statute! Would an American Secretary Of
State be expected to acquiesco in this also and to
endorse your proceedings because you acted within
the law! And yet, in how little does the present
practice of the military commission of Cuba fall
| short of torture!
That the treaty embraces only civil and not crim-
nal suits is great In these last in
vovcd not only the fortune but tho life and honor of
the citizen. Can your Excellency suppose that an
| American cabinet will abandon such holy rights to
the absolute will of n government that, in time of
profound reposo, thrusts its subjects out Of the
| pale of the law, and holds in such light esteem
| those of friendly nations!
| The pretoxt that in order to avoid subterfuge and
delay. IL is necessary to exclude legal counsel in
trials for treason, hardly merits tho honor of refu-
taton. Do tho laws and tribunals Of Spain merit so
little confidence. that you must resort to the estab-
lishment Of military commission as the only secu,
rty for truth and justice in legal proceedings! If
such really the case, would it not be bettsr
course to change those laws, and appoint upright
judges!
attempt was made, in this city, on the life of your
Queen. On tho seventh oftho same month tho reg-
eide had expiated his crime the scaffold. There
was no slbterfuge here. In tie city of Havana,
l,,rip oJs ina nr
| government of Cuba, the case OF young man from
Guatemala, named Garcia, was carried to its fatal
termination with almost equal rapidity. There was
| no DELAY there. might cite to your Excellency
other examples but these, think, are sufficient to
demonstrate that order and prompttude are not
entirely incompatible with the ordinary tribunals of
Spain, 49,,
monstrate to your Excellency the illegaity of the
| military tribunals which claimed jurisdiction over
| me- and, through me- over all Americans residentin
Cuba, without going iato consideration of the utter
violation flaw and treaty, in dopriving mo Of legal
counse-in denying me the process for examination
and consultaton-and in refusing, both on the part
of the tribunal and of my defender. to admit legal
argument and advice. will, therefore, pass to the
| next point at issue.
In 1877 tho law of domiciliaion was promulgated
in Cuba, by which strangers wishing to reside there
were obliged to profess the Roman Catholic faith,
| and, by solemn act, submit to the authorities,
tribunals and laws Of the country to the utter ex-
clusion of all other allegiance and rights
Whether this law conflicts ,an with the spirit and
| tenor of the treaty Of 1895 not, leave to the
pubciss to determine. will merely remark that,
by the letter of domiciliation ITSELF the allegiance
| and the privilege are limited to the term Of five
years; and that Cuba has, since the celebration Of
| the treaty, thrice held the position of an integral
part of the Spanish empire, with representation in
the Cortes and thrice has been reduced to the
| diton of colony. Let others more vcrscd than
am in public law determine in how far an allegiance
limited in term, can be complete; and in what man
ner these political changes can affect rights under
| the treaty.
| 1t is to be observed that this law of domica-
ton, neither in its first institution, much less
| since. has been in complete observance in Cuba
BESIDES having permitted for long series of years
| the continued residence Of foreigners possessing
neither OF the requisite qualifications Of naturaliza
ton and prof, sson Of fuih all the steps in the
taking out of domicatory letter are looked upon
| as mere forms.
| To such degree is this true that any one who
does not wish to take the trouble necessary for pro-
| curing the letter of domicaton, applies, in Ha-
yana, to an agent, or runner who draws up the me-
| moral which, at times even is not signed by the
actual party, and who proceeds to take all the steps
| requisite for obtaining the document. For this he
receives compensation in addition to the excessive
fees charged in the government Offices, and, from
| the mutual understanding existing between these
agents and the officials, the delay and difficulties
much less for who obtains the letter through
agent than for one who applies directly to the
government.
Thus all or nearly all who are necessitated to OBJ
tain this document, avail themselves Of these agents
without informing themselves Of the steps taken,
| Of the obligations which the act involves. The go
vernment also, considering the matter mere form,
takes measures to establish the identity Of the
party, nor the authenticity Of the signature. nor
| gives to the act that soemnty which so important
| matter rs change Of allegiance, submitting to
| new and unknown laws, and perhaps an abandon
ment of religious faith, would seem to render proper
Under these circumstances, the law obligatory to
take out q letter Of domciliation has become little
more nor less than concession OF fees, over and
above those of the government, to certain industrial
| agents, hangers about the palace.
The letter CT domciliation is limited in its dlra-
| ton to five years, the expiration of which, the
to leave the country or to take out letters of natu