The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-25

" From ths historical review Of the principal discussions
ia The federal courts on Ibis interesting subject IA American
luElspudencs, the better opinion would 10 be that
citizen cannot renounce his allegiance the United States
without the permission OF government 10 be declared by
and that there existing legislative regulation
the case, the rule Of The English common law remains
unaiered."
Consha rested the right OF Spain 10 Try MIR Thrasher
In the manner he tried the ground that hs milf
tAry tribunal by which he tried uiar tn
buna OF the island OF Cuba, created by law. What was
ii, sir Ii composed OF brgadler OF The army and
other officers shall not repeat what have SAID IN
relation 10 there being right TO try an American cti-
zen before council OF war; but VIII content myself
with this position which cannot be successfully efuted
Although il were regular tribunal, and had the right 10
try him. he entitled TO his counsel, his Witnesses
his proofs, and his defence. have never heard his own
published OF the trial denied truthful stale
mcnt OF the facts II wac communicated to Congress by
the President Mr. Thrasher says
.'On the 2lst octoberI was thrown into dungeon OF
strictly prohibited On the 18th removed 10 my pres
ent dungeon and The fiscal Of the military tribunal made
his appearance and began judicial examinao On the
18th umo this was continued, and then one I'M
I'll the 4h instant when heqaeson was proceeded with,
and on the 9th was again quesloned and finally informed
that was accused Of treason Al the same time was
ed TO me, who should conduct my defence Not knowing
any oil them chose random, surprising he would
cases. In regard to my defence On the 7h
Tor the first time allowed my friends and consult
with them as 10 the best course TO pursue.
= conferred with consul and he passed several COM
manications in my behalf 10 the here all of
On the llh informed thai be brought a
next day for sentence. immediately my noni-
nal defender, requesting him come consult
with me. and bring with him the proceedings which arc
in writing Hereplied, verbally, that he would in
asaias, The pr Proceedings e ha aa's so
been heard and that neither myself my legal
had been consulted for proper defence this the
president of The military commission that night who
fused to receive IT, saying II could only be admitted by the
" Tie Amercan consul, Mr. Owen, as soon as informed
ence being @ had ao een be agans Is
Ience IN the morning, my nominal defender my
prison 10 inform that he had been allowed by court
ony houis 70 prepare my defence that he had
been occupied nni that moment examining the proceed
ings which are vouminous and that within hour he
must return them TO the fiscal
On the I2h was taken before court-martal, COM
posed OF bgadier general and six officers If The army
The testimony and proceedings read before / was
brought into court. which is contrary law and custom
charges against me replied had not been furnished
with copy OF the charges that had been denied
lender had neither consulted with my counsel
and thar now asked that and petition for Of
proce eding should be admitted Twas old 10y the pre- ST.
dent Of tue court that IL should be considered was then
,sossd tony dungeon aud heard nothing more Of The
ned that have been sentenced eight years labor in
chains al Ceua, in Africa with payment of costs"
DO you call such proceeding trial according 10 the
usual course OF proceedings Do you call that comply
ing WIN the provisions OF the treaty tell my
friend from New York, tina, argument of that sofi
Will not prevail with any lawyer, because the treaty is
positive that he shall have counsel which violated
in this case They would not let him select his counsel
from Spanish subjects generally They furnished him
to select one He selected he has said, at random
not Knowing thing about it That Spanish officer, as
mailer OF course instead of defending the accused did
everything III his power 10 convict him.
II is evident that the provisions OF the treaty were de-
MED him, not only 10 counsel but 10 being present
The taking OF The testimony which was taken In w-
ting out OF court. He was not furnished with copy OF
the charges which, together with The written testimony,
was read over IN court and then the prisoner brought
IN and asked what be had TO say for himself II obvi
unheard
The excuse rendered by the Cuban authorities for not
allowing Mr. 1hrasher counsel that counsel was
permitted 10 appear in these before the military
court, because it produced delay 1t held back the VIC
tim from the 'gatote," and from chains and the mines
Such an answer may content the present administration
but can hardly Pc bal and Solicitors as they NAV
Judge proper in all Their affairs, and in all their trials at
law Neither can II be very satisfactory reply TO an
american to assure him that all Spanish subjects
made victims OF a similar barbaIity.
was not the usual course OF proceeding, because no
spanish subject arrested Mr. Thrasher could be
tired before the council OF The present laws of
Spain, as stated in the work to which have already al
luded. declare:
That conspators being apprehended by the parties of
troops detailed Tor that purpose by the government shall
oeJudged oy the ordinary council oil war bot by the ord
nary ursdeton hcy were apprehended by the order OF
rcquisliion, in aid OF the civil authority except
likewise Judged miltary In all other cases. according
TO article thirteen the offenders who commit these crimes
apprehension shall have been by armed force but
with loss of special privilege And in article fourteen il is
authority whatever, except such shall be exercised by
the ordinary and military Jurisdictions according the lin
its which here shown"
MIR. Thrashers was not military arrest He was Ia
ken in the first instance 10 the office OF police and was
in custody OF the chief of police His case was subse-
qusnty transferred TO military court He was tired
therefore, in violation OF the Spanish law which gave
jurisdiction OF such only 10 the ordinary tribunals
The same remark IS true of all those prisoners who
came in and delivered themselves up under the pocama
ton OF the captan-gener and of Breck nridge and
Beach, OF Kentucky who were arrested at by Span.
lsh merchant ship endeavonng 10 make their escape
Neither OF them was military arrest or made under
such circumstances gave the council of war jursdc
ton Of their cases.
The arrest of Breckenridge and Beach was a violation
Of the law OF nations, Those gentlemen were in the
Lopez expedition, but bad made their escape in an open
boat, and were long distance from Cubaousde OF the
league which limits the jurisdiction of any nation over
the ocean-when they were captured by Spanish |
schooner and brought into Havana Concha the captain
general, in reply 10 Commodore Parker, said that these
men were pales and tina, he would Try them as such
Now, the Spanish government had more right to seize
those two men where they captured than had 10
seize them IN the streets OF Washington city, unless the
offence was piracy. They under these circum- /
stances brought into Havana and condemned by this mill
tary tribunal, which bad jurisdiction over them adj
nit that u they had returned voluntarily within the urs
dction OF the island, they might have been tried by
competent court under the treaty. But having been ar
rested IN violation OF the law oil nations was the duty