The New York herald., 1867-04-23

not the blood thus spilled call down vengeance the
head Of him who has been the primary Of this
one day from their graves and cry against guilty
one Cain, what have you done with the blood Of your
brethren That blood calls for vengeance, and We will
Let his Majesty's government form us into legion
and put US At the front under General Miramon We
call upon those soldiers OF the Foreign Legion who
the ranks Of the enemy 70 recollect that they
should not remain side by side with those who cow.
ardy assassinate their brethren and compatrots Let
them come over to tho past shall be forgotten,
one common te--a lawful revenge-will unite all
gether
The reply Of the Sornbra de zaragosa after quoting
from Wheaton to show when and how far It Is consd-
cred lawful to infct DEATH says
Wheaton lays down that an enemy's prisoners should
not be put TO death unless in certain well defined cases
Of necessity, such when IL becomes impossible TO
keep them account Of the enemys powerful attempts
to iberate them In the Tepetates the prisoners
became not only hindranoe TO but source OF real
DANGER threatened by the forces OF Severe
Castillo advancing at the time to reinforce Mramon.
General Escobedo could not, without danger 70 him.
self aud tn: government dstach any Of his
were not even parolsd. Had the oath been given to
them, is not likely that they would have Kept t. as
Escobedo justiHabe, and be termed an act OF
barbarity or an assassination"
The reply Of the SbrG goes on to refer to the history
Mexico BY France 70 the violation OF the treaty of Sole
dad by the French and states that even were the SOL
dieB who were shot at Tepetates fighting under the
French aag they would have had right 10 ask terms
from the republicans they granted the latter none
could they be considered as OF
war; after having broken their faith and made the Mex.
leans fear them as much In peace a. in war"
II then refers as follows TO the order OF Marshal
Bazane spoken Of in the protest.
We have before us two important declarations made
who would remain in Maximilians service, should by
the fact lose their nationality This declaration s In
ondy-That after four years OF war waged With all The
means Of France at command he bad acquired the
favor OF the Republc and OF course that the estab
l;shment Of . monarchy 10 impossible
Now, II the fellow citizens Of Bazane call him q
second Cain, that s matter with which have moth
ing 70 do But must assume that the marshal made
the crst declaration either in conformity with the laws
Of hts country else In the OF his government
In the first case which 10 the likely the men who
remained the service OF the socaed empire volun.
nst ss Il the
susi support which she lens 70 HsE@ilisn. i ' was
support Of hopeless cause else because having
fallen out with her ally she did not consider herself
When the French governments broke IL promises and
withdrew s plighted word In the face or the world
eve that its engagements with individuals would DO
more sacred or rrevocables II add TO this the
they could M In not % snorsns a, OF the sunpSpuary in
cude that these men have rebeled against their
country. which found itself forced TO abandon
soldiers thus forced 10 so narrow a strait
fail TO know that they going to fight against gov
the 50 called law. Uou empire Even hey
had In conformity with such laws adopted the Mexican
as their nationality, u would have been unpardonaby
absurd for the republicans TO grant any guarantees
men whose very claims betrayed their spurious and
manufactured origin TO men who, by sustaining Maxi
milan were bound TO follow him In his Of spolia
tion; to men who, by making themselves the instru-
mens for carrying out tho famous law OF last OCTOBER
which was SO prodga in dealing out death to dssidents
whom they dee,gnate bandits, Dhdteuer may be the
number, or0nnzaton character OF name BY phch hey may
Be knoWn. > II we were bound to respect our
enemies solely because they loyal in the fuflment
OF their engagements with their masters where should
sop2 Then, does loyalty in the performance OF ones
promises always justify the end for which that promise
Is given? II this the case should erect monu-
ments in honor Of the nlbusters who led on to
certain death by the daring pirate Rausse Boulbon
did not claim them as citizens nor interfere TO
prevent their punishment. The similarity between
s hs aSvennrcrs sd by walker 20 Scaraaus nna
who wereofor the most part Americans is the less
striking than tne above Ihey were not treated az hay
that tho government Of the United States lent
cooperation TO exterminate them. Contemporary his
tory presents another fact similar In its ctrcum-
stances namely that Of the adventures enlisted under
Narcso Lopez for the purpose Of getting revolution
in the island Of Cuba The Spanish governments was
bound TO consider them band Of pirates, and, indeed
Forms are Of no account a against the substance Of
things The facts that Macmillan styled himself EN-
peror that France and other nations recognized him
such that be invaded less Of territory and
Mexcans infamous enough to second his views These
facts improve the vicious character Of his estab
Justice or the title usurper which has been gwen him.
Indeed he did not come here, even at the invitation Of
any party that could arise By ts own strength but
projected him in bis usurpation, and At time when
there existed, there doea rightfui government
established n accordance with the will Of the nation
and conformaby with the requirements Of our organic
law These are the weighty arguments which nx Maxi
vxeA Walker AZ In Cuh ha
and Rausset In Sonora all of whom could fail be
conGdsred ~ pirates BY the respective Of
those places; and pirates ass without the pale Of inter-
Lei no. the hacknsyed argumsat about DE- Jaoo gov
saeh sOr Of n no. w seSned b. any
writer pnbc law, reason justice and due regard for
the public veal teach Is that government should be
regarded De ocfo oAly when sustain ssf BY It's
own force and present guaranty Of stability and peace.
wnile the same time securing the funiment Of ~
resting It's claim 70 priority on the right Of conquest
which now feprsbatsd and prescribed BY the cvilsed
world Finally, when such govsrnment can With pru.
qulll,y, and thus make up for the loss Of liberty,
although not resting M own claim ON the love o. the
clam 70 BET Instead Of recognising the claims OF jus
tics believing she advantages Of peace he carried
Ting himself Ia inc way Of fulfilling any o. his interna
tiona obligations he entsngsd himself IN engagements
which, u was impoasble for him 70 fuinll
CoavertIng his military expeditions into what resemblsd
hurts after wild beasts, he has destroyed all confidence
o The part Of his enemies stnsd whatever magnanimv
sitv OF tskng eye for eye tooth for TOOTH and head far
head And sti We cannot admit that he has succeeced
An settIna up might right but rather the law of
Talon to . moss frighau extent
Referring then 70 the cry for vengeance and tae pro-
nosa 70 eh, IL out TO the bitter end" spoken OF in tho
protest, the answer continucs:--
Such struggle ~ this bad already bsgun long since,
on tho par Of French with the clicked
OF courts martial organized for tue purpose Of system
n n OxtracuHn Wh tho Al.
fcnders OF Independence W the most deadly places
Of imprisonment In the Antilles; with The eaisbooss n