The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-01
The Whole Proceeding Full Of
fragrant, Arbitrary and
DespOtic Illegalities.
LEGAL PaECEp7s MUST Be RESPECTED.
The COrtes Not Free to Vote According to the
Dictates Of Their COnscences.
OTHER VICTIMS OF THE GOVERNMENT.
Cuba Governed by Rogues Who Rule
with Tyranny and Return
with Riches.

MADRID, May ID, 1871.
In the course of my tour through Andalusia
have been so thoroughly occupied in sight
seeing, paying visits, interviewing persons of
importance and prying into clubs, casinos and
tertulias If all political colors that l have
really not had the time to carry out my pre-
vious intention of forwarding series Of letters
from the different towns en- route. l have,
however, obtainea considerable fund of val
liable information in political, mercantile and
other circles, and have filed several blank
books with ''notes by the way" pen and ink
sketches of Andalusan customs, contraband-
ist gypsy and bullighters' life, memoranda of
antiquities, together with a mass of other Gu
rious matter, which l shall lay before your
readers in alternate letters with those of cur
rent events. l have, furthermore, taken pains
in selecting correspondents in the different
towns through which have passed, to keep
me informed at my headquarters in the capital
of all that takes place, so as to have check
on the too oft false rumors and imperfect YER
sons given in some Of the papers here. 1t is
my intention to establish in Madrid bureau
where American travellers, merchants, mer-
chant captains and others may forward such
information as may be interesting to our
readers
THE DUKE DE MoNTPENsIER.
JUS before leaving Seville received very
polite note from the Duke de Montpensier in
forming me that his Grace would have much
pleasure in seeing me on the following day.
must here mention that had previously called
at thePalacio de San Telmo, left my card,
enterd my name on the visitors book and
examined the Dukes magnificent gallery of
pictures and sculptures. On the day ap-
poined drove to the Palace, a gorgeous edi-
fceclose by the river Guadalquivir, and was
shosn into a sumptuous apartment, where /
renamed till the arrival Of the Dukes private
secetary. The usual compliments having
ben exchanged, this gentleman, who treated
me with every possible attention, led me
though other apartments and ushered me into
charming bureau. The secretary had
sorcely retired when an opposite door opened,
tie late King of the French stood before me.
With cordially not usual among members of
pyalty his Highness advanced and shook
hnds with me. Still holding me by the hand,
he Duke led me to an arm chair, begging me
take seat. He then drew up another
hair ois-d-gis and sat down. / congratulated
lis Highness on his return to Seville from his
Punishment to the Balearic Islands on account
If refusing, with other generals, to take the
bath Of fidelity to the new dynasty, and asked
o this time we had spoken in English.
MoNTPENsIER-Shall we carry on the con-
rersation in English, French or Spanish?
~'CoRREspoNDENT-For my part, an
swered, it is perfectly immaterial.
MoNrPENsIER-In that case, said he,
choose Spanish, for we shall come across many
technical terms you will better understand in
Spanish than i can express in English.
have no doubt, my dear sir, that you already
know sufficient of this affair to have come to
full OF the most fragrant,
ARBITRARY AND DEsPoTIo LLEeALITEs
ever heard of. In the first place, to exact an
oath at all is against the laws of the constitu-
ton !. for, by the constitution, the freedom of
conscience is respected; and there are many
persons whose consciences would be violated by
being compelled to take any oath whatsoever.
The old Spanish laws declared that an oath
exacted by deceit or intimidation was not valid,
and the new laws hold punishable all such as
by threats, violence or other illegitimate means
compel citizen to exercise religious acts.
This clearly proves that an oath was to be free
and not compulsory. ! leave you to Judge
whether threats, violence and other illegitimate
in the army to take the required oath. You
must bear in mind, sir, that we generals had
already taken the oath of the constitution and
therefore, any oath of fidelity to the new
King, and especially under the present demo-
cratic system, was unnecessary. But the fact
of the matter is it was deemed expedent to
find, at any cost,
PRETEXT
for getting rid Of certain number of generals,
not altogether in conformity with the present
state Of affairs, and knowing that the generals
in question would refuse to take the required
oath, important vacancies would be left in the
army which certain persons in power could
offer to particular friends. The non-juring
generals have been detained, banished and
tried as for having committed an act or omis-
sion punishable by law.
THE LAW DEFINED.
ARTICLE OF the Penal Code defines offences "a
voluntary acts or omissions punishable by law But
neither civil nor military laws mark q punishment
Tor the Omission OF political act In religious
form.
ART. OF the constitution says:--Neither Span
lard nor foreigner shall detained or imprisoned
except for an offence committed. We committed
no offence, and therefore, the constitution has been
intlinged.
ART. 81 OF the constitution says that In no case
shall military or civil authorities establish olher