The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-01-18

have been tried by any other tribunal without
manifest violation Of the laws of Spain.+
But it i'll becomes the United States, Mr.. Chair
man, which in parallel cases have executed like
summary laws upon the subjects of other govern
mcnts, to complain of parallel execution Of laws
in this Cuba case. What was the conduct Of Gen.
Jackson in Florida, with regard TO Arbuthnot and
Ambrister? When he found those British subjects
in Florida, violating the laws Of nations in there
stirring up sedltlon or rebellion, did he subject
them to any other trial. except that of drum-head
court,martal! Did he subject them to any long
established military tribunal, recognised by the
civil law Ito any .9,tdsencia Pictorial? Did he
give them any civil examination whatsoever? Did he
not, under this drum-head court-martial, try and
execute them in most summary manner, main
tanning he said, the laws of nations, all IN de-
iance of the power and authority of Great Britain
When we have thus exercised the power of life
and death over British subjects, and by mere
drum-head court martial, shall we complain when
like jurisdiction is exercised over our citizens more
fearfuly violating the law of nations with arms in
their hands, Staying, numbering people with
whom we are at peace, and have treaty covenant
for peace besides!
Mr.. Polk. They were executed for the same
reason that General Washington executed Andre,
and euery Wing Of revolutionary standing approved
the execution
| Mr.. Books. Where was the sensibility of
gentlemen during the administration of General
Jackson, when those summary and bloody pro-
ceedings took place in Texas-at Goliad, if recol-
lect aright-at the Alamo, and elsewhere, when the
blood of American citizens was shed profusely
coolly, cruelly-in mode and manner that made
men start and shiver as they read If Genera
Jackson and those at the head of his administration
did not think that those people were legally execut-
ed under the laws of nations, when they were vio-
latng the rights, privileges, and laws of people
1 nv hon
foreign country, why did they not then declare war;
1t such sensibility then existed as now exists, why
was not summary vengeance instituted for the muir
der of American citizens in cold blood, without the
benefit Of trial at all Where was the alike sensi-
bIlty IN the case of the steamer Caroline, during
MIR. Van Buren's administration, taken by Brit.
lsh force in American waters, conducted over to
British territory, and burnt, as is alleged with hui
man beings, American citizens, on board? What was
done to those American citizens who went across
Lake Ontario and were captured with arms in their
hands, or with those who were taken in flight upon
the Ice on Lake Erie-it may have been on Ameri-
can territory? Theywere sent to the eastern GRIM
ina depots of Great Britain, with thieves, robbers
murderers, convcts of all classes to associate with
| without any remonstrances upon our part, and we
not only submitted to that, but we submitted to all
the proceedings arising in the of the capture of
the Caroline upon our own soil, without any vio-
lent circumstances upon our part, or certainly not
any remonstrances amounting to any thing like a
| proposed declaration of war.
And yet these gentlemen, who were thus submits
sive against the high and powerful authority of
Great Britain, because she had power and authori-
ty to maintain her dignity and positions, now tell
US, we are dishonored and disgraced nation be-
cause we have permitted Spain, in her weakness, 10
do far less than Great Britain has done in her
might. What am | to conclude? That they are
consistent? That they are more patriotic now than
| they were then? AMI not rather to conclude that
| these outcries are made against the second rate
power of Spain, in order to create some pretense to
seize upon the island of Cuba, Notwithstanding
gentlemen tell us in one breath that they would
never take 1t, but according to the laws of nations
! IN peace, and by the consent of the Spanish Gov
eminent; while in another they start ,p these false
| pretebses for war? Cases passed over in silence
with Great Britain are to be seized upon now as
a pretense for the purpose of invading Cuba,
though we have submitted under preceding Demo-
cratic Administrations, to like cases of injury over
and over again, where Great Britain was our as
| sallant, because she was too strong to be plum
| dered.t cas- flF5 a. $50
Now, Mr.. Chairman, let me pass to another
count in the Indictment, and that is the case of
Thrasher. He had been in the Island of Cuba
some seventeen years, believe-a long time, it is
certain, amino manendi, as the lawyers say-and
sine amino reuerendi and to all ntents and purposes
he had become subject to the domiciliary and other
laws of Spain. Spain, in Cuba, recognises three
classes of gners--trdnsient, domiciled, and
naturallzed. Thrashers case was not that of a
| transient foreigner. He was domicied foreigner,
declaring his intention of establishing himself on
| the island, and apparently intending hereafter to
become naturazed. What did he do in order to
become domiciled foreigner? He took two oaths
which put 1t without the power of our Government
to protect him; and if had the royal cedlas of the
Indies before me, which are accessible in De-
partment library at the other end of the Capitol.
/ oh n Snan Ich Ii.
were, so as to have no mistake in nv statement of
them.+ The first was in substance an abiuraton
of the Protestant religion, and the adoption of the
Roman Catholic Religion-the aburation of the
religion in which he was born, the religion of his
fathers. The next was an abjuration Of allegiance
.The proceedings Of iae tribunal which examined these
prisoners long and minute Don Pedro Pablo Cruces
Colonel of Cavalry, the Fiscal OF the Tribunal (Aue,si
l6 lS5l Francisco Gregono de Valdermano was Inter-
prefer. Witnesses examined stating at Jansth he
capture of these invaders, and all the other well known
party (5 in detail Some specimens are translated
VIM. L. Crttenden, born in Kentucky an officer in the
United States army, the line of The Infantry having re-
signed two years since, sworn and upon being nerro
gated, said (ME Crtenden here on and at consid
sTaDe Length gave a the circumstances of his sailing from
New orleans IN the Pampero, his landing Bahia Honda
s ms y ri and then signed his to what he
J. neasy told the same story, made the same confes
sioSs signed his name, in presence Of the officials
bad no profession, born in Philadelphia signed his name
James Bssrdt Of New Orleans Protestant Of no profes
sion aged ~ years. told about the stoy-signed
Alfred Roper, New York, &C., do do
Wlidm b. Little, born in Ireland Roman Catholic en-
gagged in commerce, same story.
Ditto, ditto, the whole fifty. The condensed report of
the trial occupies tbityGNH pages in closely written
(Spanish) fOios No denied tie facts and ali admitted
their completely in the guilt. The only Exclamation nj
tempted was the belief that the island was in insurecton
as Lopez told them They executed will he
remembered when the rest of The Pampero party was on
the island in Certified copies the trial were shown
by the Spanish authorities Mr.. Webster Secretary of
State The forms very minute The officials sign every
individual case, and make each matter ofespeca record
These prisoners left nothing by Trial Taken
fagrante deco, they all confessed their crime Tev ali
signed their names to their confessions All their forushe
military tribunal has made matter of minute record and
with great care.
In September l848, James Bergen, native Of Connac
ncnt, and Richard Ryan, Irish born bu, na,raized
American CITIZEN were ncarcerated in the Neweate
Dublin, under arrest for treason (They were there
during the last attempted Irish rebeion) Mr. Bancrnft
warmly demonstrated Mr., Buchanan (hen Secre,arv Of
State, first instructed Mr. Bancroft October 81 1881
that :" treason cannot be committed by citizen of lhe
United States against foreign governmental but October
26) after reading BlackstOne's Commentaries East Crown
Law, &C., he writes 81 hasty {so) stating and
recalls this part of his instruction Bergen and kyan were
kept in Newgate prison. in spile TIL Lord
Palmerson was ready 10 let them 60. Lord Pamerston
writes, lSeptember 800 -
"Her Majesy's Government see for releasing
Mr.. Bergen and Mr.. Ryan from Imprisonment
Lord PalmersOn refused COPIES of Police insr,ctons