Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-06-09
THURSDAY, JUNE 8, 1864.
THE ARGUELLES CASE.

Early in the morning of the 18th ultimo Don
jose Augustin Arguelles, an officer of the Spanish
army, sojournipg in the city of New York, was
seized by authority of the President of the
United States and secretly conveyed to a steamer
10 that port bound for Havana, in the Island of
Cuba So secretly and summarily was the arrest
effected, as he was in the act of making his morn
ing toilette in room adjoining the chamber of his
wife, that his wife remained in ignorance of his
condition or hi, destination until, some days after
wards, she learned both from the Spanish Minister
in this city.
From the official correspondence which we pub
lished on Tuesday last it will be seen that Col
Arguelles was formerly the Lieutenant Governor
Of the district of Colon, in the Island of Cuba and
that he effected the capture of large cargo
of African negroes illegally landed within that
district on the 10th of November last. The
Captain General it is said was highly pleased with
his ZEAL and paid him fifteen thousand dollars for
his share of the prize money usually allowed to
captors of such expeditions. Arguelles subse-
quently obtained leave of absence of twenty
days, upon his representation that the object of
his journey to New York was to purchase the
Spanish journal published in that city called "La
Cronica"
1t is represented by the Captain General that
after the departure of Arguelles from Cuba it was
discovered that he and other officers of the district
of Colon had retained and sold into slavery one
hundred and forty-one negroes captured by them.
Some of these negroes it is said, sold at seven
hundred dollars, and others at seven hundred and
fifty dollars each. 1t is further represented that
the Superior Court of the island having exclusive
jurisdiction over su,h causes, had taken cogni-
zance of this case, and required the presentation
of Don Jose Augustin Arguelles before it 10 in
sure the prompt liberation Of those one hundred
and forty-one victims. Without Arguelles's pre-
sence it would be very difficult or at all events it
would require long time, to attain that humane
object. -
Mr. THos. SAVAGE, our Vice Consul General
at Havana, when approached on the subject of
the reclamation of Col. Arguelles, stated to the
Captain General of Cuba that, Gin the absence of
an extrsdition treaty between the two Governments
or of any law, public or municipal, authorizing the
rendition, our Government could not grant the re-
quest" but promised to lay the matter, in conf
Dental way, before the Department of State,
In like manner, Senior Don GABRIEL G. TAssARA,
the Spanish Minister at Washington, in communi-
eating the facts of the case to our Government,
employing almost the ipsissima verta of Mr..
Savage, and thus showing that both Mr.. Tassara
and Mr.. Savage wrote from representations pre-
pared for them by the Cuban authorities,) took
care to state that he was "well aware that no ex-
tradition treaty exists between the United States
and Spain, in virtue of which the surrender Of
Arguelles to the authorities of Cuba might be OBJ
tanned yet, considering the gross and scandaous
outrage which has been committed, as WILL as the
interests Of humanity at stake in the prompt reso
luton Of this matter" it was added, " he has not
hesitated in submitting the in this confidential
way to the consd ration of the United States Go
vernment, 10 order to ascertain whether an Incl
dent so exceptional could not be met with excep-
tional measures"
Thus addressed on the subject, the President
ordered the exceptional measure" Of arrestpg and
surrcndering Col. Arguelles on his sole response
bility, in the absence, Mr. Savage phrases it, "of
any extraditiOn treaty, Of any law public or mu-
nicpsl, authorizing the rendition Of the alleged
fugitive from justice. And the Secretary Of State,
in reporting the transaction to Congress, is frank
to avow that the Exceptional measure" was
taken in obedience only to general considerations
of international comfy. To this effect he writes
| There being treaty Of extradton between the
STING
how fugtVes from justice in Spanish domuions shall be
delivered up the e1adon ia the Argusles case is IN
dertood by the State Department have been made in
virtue Of the law of nations and the Constitution OF the
United States Although there is conflict OF authorities
concerning the expedeucy Of exercisirg comfy towards
foreign Government by surrenderng it's request, me of
it's subjects charged with the commission of crime
within its territory and although be conceded that
there national obligation TO make such surrender
upon demand therefor, unless il is acknowledged by
treaty by statute law yet nation never bound to
furnish as lums TO dangerous criminals who offenders
against the human races and believed that it, 10 any
case the comfy could with proprety be- praced the one
which understood TO have called forth the resolution Of
inquiry Of the senate furnished just occasion for ito
exercise"
The apologetic language in which this statement
is couched, aud the candid manner in which the
whole transaction is characterized by our consular
representative at Havana, and by the Spanish
Minister in the very act of asking what he admits
to be an exceptional measure" might perhaps be
justly held to absove US from the necessity of In
stituting apy inquiry into the LEGAL asnect of n