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

minated or sufficiently advanced for Judgment tho
court ia constituted by calling in some of tho suba-
tern officers Of the garrison and after hearing the
reading of the process and the defence of the ac-
oused, sentence is pronoun cod. In accordance with
tho present practice of the tribunal, this defence
must be conducted by an officer Of tho army, all
legal counsel and notaries being prohibited in the
court.
Tho invariabe method Of procedure is sudden ar
rest, solitary confinement, with prohibition of all
communication, an arbitrary and long continued in
terrogation of the party himself by tho prosecuting
attorney (who possesses all the advantages of legal
acumen and practice, to which arc not unfroquently
added personal hatred or national antipathy, while
the party himself is deprived of all benefit OF coun-
sol,) and the final formation of the accusation or
| charges.
| The Inauguration Of a permanent military COM
mission in a country, is, oftself, suspension of all
law, deprivation Of the citzen of all rights and if
Spain and other nations have resOrted to this ex-
treme measure in time OF great public dangor whom
| the danger has passed when commotion has ceased
when profound peace is restored the necessity of
resortng to such violent ceases to exist,
ifnot for all, at least for those appertaining to
another country, whose rights are protected by
treaty stipulatons and who may find, in their fol-
low citizens such protection they have right to
expect. Indeed, the mind Of man can hardly con-
template tho continued existence Of crcumst of
public danger which shall render necessary thirty
| years session of a military commission.
In l795, when the existing treaty was ratified
tho military commission in Cuba, as a permanent
tribunal, did not exist. 1t 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
in either country citixons of the other would, in
time Of pence, be subjected to the decision of q
oourt-martial, without defence, for constructive
| crime.
authority under which the Spanish government has
permanently instituted the military commission in
Suba, giving it cognxance in all charges of treason,
and depriving the accused of loyal defence, it were
to introduce tho practice of torture in those trials
could your Excellcncy 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 docs the present
practice of the military commission Of Cuba fall
That the treaty embraces only civil and not crim-
nal suits is great error. In these last are in
volvcd 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 a 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 pretext that in order to avoid subterfuge and
delay II is necessary to exclude legal counsel in
trials for treason, hardly merits tho honor Of refu
tation DO the laws and tribunals OF Spain merit so
lishment of a military commission as the only secu-
rity for truth and justice in legal proceedings! If
such really the case, would it not DO better
course to change those laws, and appoint upright
judges!
On the second day Of February last. nm infamous
attempt was made, in this city, on the life of your
Queen. On tho seventh oftho same month tho reg-
eide had eXpated his crime on tho scal1od. There
was no subterfuge here. In tie city of Havana,
during your Excellency's administration of tho
government of Cuba the case of a young man from
Guatemala, named Garcia. was carried to its fatal
termination with almost equal rapdty. There was
| no delay there. j might cite to your Excellency
other examples; but these think, are sufficient to
demonstrate that order and prompttude not
entirely incompatible with the ordinary tribunals Of
Spain.
These arguments, / think will be sufficient to de-
monstrnte to your Excelency the illegality of the
military tribunals which claimed jurisdiction over
me, and, through me. over all Americans resident in
Cuba, without going Into consideration of the utter
violation Of law and treaty, in dopriving Of legal
counsel-in denying me the process for examination
and consultation-and in refusing, both the part
| of the tribunal and of my defender. to admit legal
argument and advice will, therefore, pass to the
next point mt issue.
In isl7 tho law of domicliation promulgated
in Cuba, by which strangers wishing to reside there
were obliged to profess the Roman Catholic faith,
and, by a solemn act. submit to the authorities,
tribunals. and laws Of the country to the utter
cuson Of all other allegiance and rights
| Whether this law conflicts with the spirit and
tenor of the treaty Of 1895 not, leave to the
publicists to determine. will merely remark that,
by the letter of domiclation 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 con-
| tlition of colony. Let others more verscd 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 domicilia-
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 naturalza-
ton and prof,s of faith all the steps in the
taking out OF domciliatory letter are looked upon
| as mere forms
To such degree is this true, that any one who
does not wish take the trouble necessary for pro-
curing the letter Of domicaton, applies, in fIa-
vana, to an agent, or runner who draws up the me-
| mortal. which. Mt 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
an 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
vcrnment also, considering the matter form,
| takes measures to establish the identity of the
| party, the authenticity of the signature, nor
gives to the act that solemny which so important n
| matter rs change of allegiance, submitting to
| new and unknown laws, and perhaps abandon
men of religious faith, would seem to render proper
| Under these circumstances, the law obligatory to
take out 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 on about the palace.
The letter CT domciliation is limited in its dura-
ton to five years, the expiration OF which, the
to leave the country or take out letters Of natu
razntion which shal peIfect his ALLEGIANCE to the