The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-15

The authorities neglected TO inform You that On
the 9TH Of September, 1890, IN . communication TO
the Captain General Of Cuba, expressly and une-
quivocsy refused to take out letters of naturasa-
zion, and thus become a subject Of the crown of
Spain.
i embrace the present opportunity to transmit to
you copy of letter addressed by me to General
Concha, upon the subject of domciliation in Cuba,
and the trial of American citizens by the permanent
military commission Of that country.
submit 70 you with much difhdence the argu-
ments it contains, and not as my own views only
but those of some of the first legal attainments
in Spain. Whether you will find them of sufficient
weight to induce You to modify any Of the opinions
expressed in your letter of the 23d of December
last 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 nm
warranted Interpretation was given by the Spanish
government, both here and in Cuba, to the unfor-
tunate wording Of the Presidential proclamations
in regard to expeditions and you are well aware of
the extraordinary pretensions that have since been
made by the Spanish Minister'S in relation to the
right of capture on the high seas, (oide Centoy)
and in subsequent questions that have since been
suscitated between the two governments.
These facts, and the known disposition Of the gov
ernment Of Cuba towards American citizens in gene
rail- lead me to anticipate the most disastrous con-
sequences from the unwaTantable Interpretation it
may give to your letter
II the government Of Cuba was one administered in
accordance with statute and jusce-if the law we're
respected by its minisers-or even if the executive
power there absolute as guided in its action
by any fixed principles well aware there is no
thing in that letter which would endanger the per-
son or the property OF a single American citizen
But while such is not the ease-while not only ex-
listing Laws are disregarded, but ones are con-
tnually "decreed' by the arbitrary will Of one man,
ms circumstances may seem to him to require-while
the ministers of justice and the administrators Of
executive power seem animated solely by one idea,
that war OF races exists-what interpretations and
what action therein may we not dread
To prove to you that do not speak from per-
sonal feeling alone, will cite well known fact in
the history of that same permanent executive mill
tary commission which claims jurisdiction over all
Americans in Cuba. l will only premise that in
ITS torture declared by Charles III to be
"barbarous and Infamous" and was expressly pro-
hibited in Spanish tribunals; and that when the
lnquisition fell before the decree of the famous
Cortes, Of Cadz in 1872, that last relic of the bar
barous ages disappeared, even from the ecclesiast
cal tribunals of Spain.
In lA4-5, in the trials during the execrated in
vention of :" black conspiracy" hundreds of ne
groes died under the ash tied to ladders, by order
OF the permanent executive military commission,
and in consequence of confessions thus extorted,
hundreds Of others were sent to the presidios and
mines of Spain, Ito the Preside of Seville alone
were sent over 4bOl Large Numbers were executed,
and how many died in prison Immediately after
their liberation, can never be known. There were
not wanting both American and English victims in
this iniqutous affair. Many engineers, and even
were arrested, not q few of whom died
during imprisonment, or in consequence of the suffer-
ings they there experienced.
The sequel is instructive. Pedro Salazar the
tool, fiscal of the military commission followed his
victims, condemned to the Preside of Seville Leo
poldo O'Donnell 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 our countrymen to the tender
mercies Of such tribunal and such a government
have the honor to be your very humble servant,
j. S. THRAsHHR.