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

stances tho proper tribunal to take cognissasss II
charges against them.
do not advance these arguments lightly. nse
with any view to my own advantage. They osn
now do me little good | have consulted some -
tho most eminent Legal authorities hsre, in ysR
Excellency'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, If they savo
one American from the suffering and ruin that hae
Deen 80 mercilessy heaped upon NO. my object WI
have been obtained, and my reward oxceed my ut
most desires
have tho honor to bo your Excellenoy's veU
humble servant j. s. THRAsuHR.
To Mr.. Webster.
MADRID, March %, 1892.
Hon. DANIEL WEBSTER, SECRETARY OF STATE poe
THE UNITED STATES or AMERICA
SIR-In your despatch Of Dec. IL last, to NA1
Hon DR.. M. Barringer, United States Minister 70
SPAIN az published in the New YORK HERALD, yea
are led into one or two errors, which beg leave TO
correct
You say" 1t is much to be regretted that Mr..
Thrasher has made no communication whatever 70
this department respecting the circumstances Of hs
case, to enable to soc what are the precise
grounds of his complaint"
tober. For tho first five days my arrest merely
an honorable detention, but sooner had the seni-
monthly steamers left for the United States, than
was thrown into dungeon Of the prison, and
thence transferred to ono in the Punta Castle Fer
sixteen days, or until after the next sem-mOnthlV
departure Of the steamers, | was kept in strict
solitary confinement with utter deprivation OF 81
communication with tho world. During this time
it was impossible for me to transmit any informa-
ton to the department.
When was allowed to sec my friends, Mr.. Owen.
the American Consul, but lately appointed by the
existing administration, came to mo- and a6-
surcd me that he had laid my fully before the
Department Of State ut Washington. During tho
time intervening between this and my subsequent
embarkatioR for Ceuta, Mr.. Owen occasionally called
ut the fortress to me, and continually expressed
his great surprise that no communication had como
from the Department Of State in regard to my Gases
always assuring mo that not only the communities
tons made to him, but several that had boon
made in my behalf by my friends had all been
transmitted to the government of the United States.
Under these circumstances judged it superfuous TO
make direct communication to the department..
as could add nothing to the information already
before it.
You say-s'If the official account Of tho Spanish
authorities be correct Mr. Thrashcr appears to have
expatriated himself, and to have become become,
at least for time subject of the of Spain.~
The authorities neglected to inform you that on
the 9Th of September, 1850, in communication to
the Captain General of Cuba, expressly and une-
quvocnlly refused to take out letters Of naturalixa-
tion, and thus becomoa subject Of tho Drown Of
Spain.
/ embrace the present opportunity to transmit to
you a copy of letter addressed by mo to General
Concha, upon the subject Of domication in Cuba,
and tho trial of American citizens by the permanent
military commission of that country.
submit to you with much difidence the argu-
ments it contains, and not as my own views only.
but as those Of somo of the first legal attanmcnes
in Spain. Whether you will find them Of sufficient
wsght 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 bo
hoped they may have some weight with the present
rulers Of Cuba
The world now knows what an extorted and I'M
warranted Interpretation was given by tho Spanish
government, both hero and in Cuba, to the unfor-
tunate wording of the Presidential procamations,
in regard to expeditions, and you are well aware of
the extraordinary pretensons that have since beea
made by the Spanish Minister'S in relation to the
right Of capture the high seas, (vide Contoyl
and in subsequent questions that have since been
suscitated between the two governments.
These facts, and tho known disposition Of the gov
eminent OF Cuba towards American citizens in gene
raj, lead me to anticipate the most disastrous
sequences from the unwarrantable Interpretation i
may give to your letter
Ii the government Of Cuba was ono administered il
accordance with statute and justce-if the law were
respected by it's mnsters-or even if the executive
power there absolute as it 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 n Single American citlx0n
But while such is not the case-while not only ex-
listing laws dsregnrded, but new ones are con-
tinuay" decreed" by the arbitrary will of one man,
as circumstances may seem to him to requre-whiio
the ministers Of justice and the administrators Of
executive power seem animated solely by idea,
that war Of races exsts-what interpretations and
what action therein may 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
tary commission, which claims jurisdiction all
Americans in Cuba. ! will only premise that in
1878 torture was declared by Charles III. to DO
"baibarous and Infamous" and was expressly pro-
hibited in Spanish tribunals and that when tho
nqusition fell before the decree Of the famous
Cortes. of Cadiz in 1872 that last relic Of the bar
barous ages Disappeared even from the eoclesasti-
cal tribunals of Spain.
In lsii-5 in the trials during the execrated in
yention Of s. 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 sent to the presdios and
mines of Spain. Ito the Presido OF Seville alone
were sent over 1907. Large numbers were executed,
ana how many died in prison Immediately after
their liberation, can never be known. There were
not wanting both American and English victims in
this iniquitous affair. Many engineers, and even
Iroprictors were arrested, not n few of whom died
curing imprisonment, in consequence OF the suffer-
ings they there experienced.
The sequel is instructive. Pedro Salazar, the
tool, fiscal Of the military oommssion followed his
victims, condemned to the Preside Of Seville. Leo
roldo O'Donnell, the master spirit, CaptainGeneral
Of Cuba, retired to Spain with something more than
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 government.
have the honor to be your very humble servant,
j. s. THRAsHER-
TmnOrtant from the Snaniah Penal