The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-01

abuse OF power.
While the eleventh article Of
THE CONSTITUTION PROHIBITS THE CREATION
OF EXTRAORDINARY TRIBUNALS
and special commissioners for trials. In our
case you will observe that all these wholesome
laws have been trodden under foot by a 60
vernment calling itself democratic and prating
about constitutional guarantees, invividual
rights, liberty, protection and other fine
sounding terms, taught in theory, but
not practised. The oath required of us is
not to be found in the constitution, the mill
tary laws nor any Spanish code, but merely in
q royal order signed by King Amadeus and
endorsed by one of his ministers, which is not
law l do not mean to infer, continued the
Duke, that the King and his ministers may not
give orders, but do insist that In issuing
orders the constitution its guarantees and the
LEGAL PREOEPTs MUST BE RESPECTED,
all of which, in our case, have been out
rageously violated. The government, feeling
confident in the passive obedience of a ma
jority in the House, and so relying on numeri-
cal strength, leads it's forces for mere caprice
or personal interest, trampling under foot the
most sacred laws--laws that have hitherto
been respected by the most despotic govern
ments that have ever ruled this unhappy coun-
try. To belong to the opposition 10 to be the
butt of the most unjust attacks from the parties
in power and to be excluded from anything
like justice. Parliamentary immunities no
longer exist, and the greater part of
THE MAJORITY OF TEE HOUSE ARE NOT FREE
TO VOTE
according to- the dictates of their consciences.
Might, and not right, is now the ruling order
Of the day. What have said respecting the
case of the generals has been to show that
even they have been most unjustly and tyran-
nically treated But
MY CASE RESTS ON A DIFFERENT FOOTING.
] did not rise in the Spanish army by pro-
motion to the high rank of Captain General
or Marshal That title was conferred upon me
by royal decree, and always considering it
as honorary / not only never exercised the
duties, but never received any pay. If
royal order can confer a military rank on a
person one would surely suppose that at the
petition Of the party interested second royal
order could be issued cancelling it. Such was
my opinion when made my application to be
allowed to resign the honorary title l held;
but l soon found / was compelled to take the
required oath, or in default be banished and
tried by court martial. Even my election as
representative in Congress did not protect me,
for did not regain my liberty till after the
flo a..
OBSERVATION-DISCLOSURES was the result OF
the trial-the verdict Of the court9
NOTWITHSTANDING court ordered that be
struck off the list of Captains General, de-
prived of the honors paid to that rank, and
the pay belonging to q Marshal in the army.
have told you before,
NEVER ACCEPTED ANY PAY,
and as for honors, being the son of king, /
can well afford to dispense with those belong
ing to captain general. In striking me
from the list of marshals they have only done
what had previously solicited.
CoRREsPoNDENT-But if the proceedings
taken against the generals are so full of lille
galities and in the said proceedings the consti-
tuition has been infringed, and abuse of power
evident, can you not appeal9
WORCESTERSHIRE can. We can
BRING TO TRIAL ALL WHO HAVE TAKEN PART
IN THE PROCESS AGAINST Us.
This, however, l do not intend to do, but am
resolved to bring an action against the party
(Serrano, Prime Minister and Minister Of War;
under whose orders the other inferior autho-
rites have acted
MARSHAL CALONGEs CASE.
CORRESPONDENT will trouble your Grace
with a few more questions lis there any
truth in the rumor that the colonel who made
the brilliant defence in the trial of Marshal
Calonge has been struck off the active service
list and put on half pay?
MoNTpENsIER-I have heard so from differ
ent credable sources and have every reason
to believe the statement to be correct. As
advocate for the Marshal, the Colonel had to
swear on the Gospels to defend his client to
the best Of his power, and, being man Of
honor, he did so, and in so doing has un-
doubtedly made many enemies.
ANOTHER VICTIM.
CoRREsPoNDENr-And what does your
Grace think of the protracted trial of General
Pierrad, who has been detained in military
prison upwards Of two years, with his cause
still undecided?
MoNTPENsrER-Genera Pierrad, my dear
sir, wss another obstacle to the government,
and must, therefore, as matter of course, be
made victim. The brave General was no
more to be blamed for the occurrences at Tar.
ragona than the child unborn. He is, as you
are aware, an enthusiastic republican, and the
events that occurred on his arrival at that
place formed pretext which the authorities
eagerly seized to throw him into prison. The
General and myself are enemies in politics,
but will say there is not more honorable
man in the Spanish army than General Pier