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

President Of the United States; that they were red in
summary manner and foil proof Vi their guilt
that OF their participation la the Invasion OF hs Island by
Lopez lie did not consider himself liberty 10 furnish
70 his own government and the Spanish minister al
Washington who would do whatever ght ia The mat.
ef ON the call Of the government OF the United Ststes
Where is this, no doubt, posi- faeto recordl Why,
SIT, marvel that any gentleman in this House should
call II a trial Those were arrested one day and
shot the next Fifty men were brought 10 Havana one
day and executed the next This shows the impossiby
OF there being anything like trial. with fair eppor-
unity TO contest The proceedings. But know what
the al consisted, from the statements of respectable
Americans IN Cuba al the time Several officers went in
TO The room where these men confined and took
their voluntary statements They admitted that they had
peen IN the Lopez expedition and upon that admission
the order issued by the officers that they should be
shot Is that trial Is tha, the trial contemplated by
The treaty II II IS, IS in vain TO stipuate with for
egh power that our citizens shall be tried according
Tue laws OF The land, with opportunity 10 establish
their innocence We know that these men were not al
lowed TO contest the jurisdiction OF the pretended
we know that they not allowed counsel we know
mat lhey were not permitted TO have evidence; and
know lhatth whole thing done in ho, haste and in
the spirit OF revenge Our consul, Mr. Owen came into
town alter they condemned. nlerposed in their be-
no, o and for The release Of
MN TO ntercede Tor the prisoners and told him he must
know that he doing against the wishes of his gov
eminent. The officers OF Cuba hurried their victims 10
saug h'er and il The letters from Havana be credited
their bodies after execution bTutay desecraed by
the mob
think it, therefore, impossible to maintain that these
men tried by The regular tribunal secured TO them
by The treaty But even admitting that regular
try them by summary court martial any military tri.
bunal, still insist the treaty was violated; still say
that they did not have the benefits OF the provisions
guaranteed to them by The treaty in relation to trials 1t
conlempates trial which is not a mockesy 1t con
!empatesa trial which allows The party hs witnesses.
II contempates trial which allows him counsel 1t
contempates trial which gives him hearing and not
Judicial buchery.
Now, sir, asserted by the Spanish authorities
La, h.a,. h,,,b Ia,
that these received such OF trial Spanish
subjects receive, then the spualons of the treaty
complied with and secured TO the criminals
Sir, the treaty not admissible OF such construction
The very s the object OF The treaty. and the bare
reading OF its words sufficient evidence of the correct
ness OF that position. The treaty declares:
The citizens and subjects Of both parties shall be al
lowed employ advocates solicitors noaries agents.
and factors as they may jldge proper, In all their affairs,
and in all their trials at law in which they may be
cerned before the tribunals OF the other party and such
agent snail have Tree access 10 oe at the proceed
ings Ia such causes, and the taxing OF all examination
and evidence which may be exhibited In the said trials
| II we admit ,ha, the court which tried Crttenden's
men, being military tribunal, had jurisdiction of the
case, sli say The treaty was violated IN the trial
because they We're never regularly arralgned; be-
cause they allowed TO plead the jurisdic-
ton because they were not permitted counsel and be-
cause they were not allowed the regular examina-
ton OF witnesses in their behalf, according 10 all the
counts which have reached The treaty is distinct,
substantive provision as to the employment OF counsel
1t secures the right to American citizens TO have counsel
trials at law" Ii relates 10 all trials before all the tribu
nails whether civil or criminal, whether military ord
nary, III therefore perfectly obvious that it
the intention OF Mr. Pinkney and the Spanish minister
when they negotiated that treaty, 10 put it in the power
of Spain. by transferring criminals 10 military tribunals
TO deprive them OF The right OF COUNSEL The right OF wit
nesses the right OF being present when the evidence
taken by which they to be convicted II 49, there
iore in my estimation preposlerous THAI
ssa bseasss s SPANISH sa oysss a NV
Why, sir, need not say to any lawyer in this House
lar provision for the benefit of American citizens made by
treaty the law OF the and that II is the duty OF
the Spanish tribunals to administer It as the law OF the
case.
| admit that without such provision, citizens
must be Judged the citizens OF Spain are judged who
have committed offences within their jurisdiction Sup
pose the Spanish government passes an edic that when
apy one is believed to have committed felony, any 9th
Ger Of The army may order him 10 De shot without trial
and without hearing, does that aorogate our treaty
with Spain If the Cortes should pass law declaring
that Spanish subject should have advocate agent,
or counsel, any trial before Spanish tribunal would
destroy or IN any way affect our treaty provision ior
| the security OF American ciilZens!
Sir, The Cuban authorities did not take any such posi-
ton as to Cnenden asd the other followers OF Lopez
whom they executed. That was left TO the ingenuity
of the present administration and It's defenders They
knew that these had not enjoyed even the beneht
of the laws OF Spain for The tria OF It's subjects who
were guilty of treason. They not even tried be-
fore the council of war, did they have the bene-
fit OF the rules OF proceeding which prevail IN that mil.
itary tribunal. The Cuban authorities assumed that
was done them, they not citizens OF any coun.
try and therefore this government could not complain
Now SIR although the President did not formally de-
nounce these guilty OF pracy--ahough the adj
ministraon of General Taylor stands committed upon
the record OF denying that the offence was pracy-ye
an his proclamation, Mr. Fillmore declared that "suct
expeditions only be regarded as adventures or plum
der and robbery" Certainly such was moi The object OF
the leaders OF that expedition, and y say so was TO dc
gross injustice their motives and Characters Tie ther
proceeds to inform them that they "w forfeit theIi
claim TO the protection of this government, any inter
ference their behalf, matter to what extremlte'
they may be reduced in consequence OF Their illegal con
duct" In the frs, place, this poc amaton, by assum ne
the guilt Of all parties in the expedition anticipated bt
work OF Concha's court-natal. II melted The spanish
authorities to pursue the very course they adopted.
If, SIR there provision IN the treaty with Span
which guaranteed TO American citizens the right OF trial
the President could not give up that right unless they
denalionalized themselves by an act OF piracy He wa'
bound TO assert it for their beneht The President can
not suspend the constitution treaty or laws made II
pursuance thereof On the contrary he Is compelled ny
his duty and oath Of office TO them faithfully executed
II has been argued that the Lopez men had committed
a heinous crime, and deserved TO die but men are no
hung, in this country at least by equity. The Creates
criminals much entitled TO the forms oil law as th
most innocent who are accused If guilty man may b.
condemned unbeard, and without trial. there is no sal
ly tor the innocent The example set by Spain in th
of the Lopez men. aSqulesced IN, places It IN be
power 10 execute any American citizen without givlnl
hun lair trial Ii has practically abrogated the treaty
Again, sir 1 disagree with the gentleman from New
York [Mr BRooKs another branch OF this subject
In the OF Mrs Ihrashe. he has taken the ground
that he had become nauralized or at all evenh
I. I,.. all hat Of