Wilmington daily commercial., 1872-03-28
LAW IN CUBA.
THE CASE OF DIR. HOWARD.

teen years in Cuba writes us at length urging
that the assault made upon the Spanish authori-
ties in that Island, are to large degree unjust,
and that the impatient structures on General
Torbert's want of energy are probably equally
30.
It is well known by any person, ever having
visited the Island Of Cuba, that Immediately on
arriving there he is supplied by the Custom
House officials with a landing permit for which
he pays two dollars. On the back of this is
printed in Spanish, French and English, a notice
to the bearer that the permit is good for thirty
days, to travel the country, and II he wishes to
remain longer or take up residence there. he
must obtain the proper "Carta Domiciio /" by
petitioning the government, expressing desire
to establish himself there, under the articles of
the decree of 1917, by which foreigners become
Spanish citizens. That document, 30 long as
the possessor remains there, is virtually as bind
ing on him, and on the other hand, on the Gov
ernment, also, as is the naturalization papers in
case Of foreigner becoming a citizen of the
United States. By this Carta Domiciio he has
the protection Of Spanish law and he is amena-
bic to it, for any transgresaion Of it, as long as
he remains there.
BY this where do we find Dr. Howard? He
goes to Cuba remains there some time very
likely follows his profession, in order to do
which he must get these papers (thero are PEN
altles for neglect); then he asks to be made
citizen by 30 doing he gets the protection of
lard. All goes we'll until he violates that law,
and then he wants to be metamorphosed into an
American citizen, seeking American protection
against the rigor of Spanish law violated OIL
Spanish soil
Now, would we not laugh at the simplicity Of
the Englishman or Frehchman becoming cit-
zen of the United States who, wishing to evade
punishment for riot, robbery, or murder, or get
ting clear of draft, would intimate that he was
only in fun in becoming citizen of the United
States He didn't mean it. and he would get the
Consul of his native country to protect him and
set the laws of his adopted country at defiance.
think we would. A case in point think will
be sufficient to set at rest all cayi nths matter
In 1850, Mr.. John Cunningham, of Baltimore, an
engineer on the Havana Railroad. was arrested
and imprisoned in Matanzas for alleged careless
ness in running train by which an accident oc-
Cured, wounding several and killing one. He
was sentenced to pay a fine and after remaining
in prison about nine months, he was released
through the efforts OF our worthy townsmen, and
excellent consular representative at that place.
Mr., Thomas NJ. Rodney, of Wilmington.
Now Mr.. Cunningham, (after having beconA
a Spanish citizen by the obtaining Of the Carta
Domicilio on his arrival in that coun-
try came home to Baltimore, aggregated losses
in money, lost time during imprisonment at
go much per month, damaged health, &c, &c,
made out bill against the Spanish Government
filed it in the State Department at Washington,
and interviewed Daniel Webster, the then Secre-
tary of State on the subject Mr.. Webster at
once asked him if he had not applied for and OBJ
tanned the Carta Domicilio, soon after his arrival
in Cuba He replied he had. The Secretary then
told him he could not do anything for him in the
premises that he was a bona fidle Spanish citi-
zen by the act of applying for and holding those
papers, and subject to the laws of Spain. " am
very sorry for your losses, but this Government
cannot interfere in your behalf"
DIR. Howard must have had these papers. He
has now been condemned for completely with
the reyolutionists, by the same law which, had
he needed protection, he would have invoked for
his own defence. II he il a Spanish citizen by
adoption, he should abide by Spanish law ; il he
now claims to be an American citizen, does he
not merit more severe condemnation for inter
fering with the customs and laws Of a country
whose hospitality he was enjoying.
AS regards the condemning Of General Torbert
for what some may deem neglect or indifference
in pressing the matter in behalf OF Howard, it is
as unjust as the charge against the Spanish
Authorities. He may naturally sympathize tn
DIR. Howard as a countryman, willing to do all in
his power for him in such an unfortunate plight,
yet common sense and diplomatic decorum would
contine him to the facts and the law in the case
even if he has the semblance of right for Amer
can interference. DIR. Howard being a Spanish
citizen, MIR. Torbert cannot do no more than use
his friendly offices, to influence the Governor
General in his behalf. Mr.. Torbert cannot tres
pass beyond the regular routine. II he did, he
would be silly in the extreme, and his action
would only be followed by the same results as
a consular capacity in that reighborhood, flour
ished, tioundered, and played out of his consul
ship in 1854. The same charges of neglect and
criminal indifference, were made by the press of
the country in 1851 against Mr.. Consul Owens,
as are now 80 profusely made and hurled against
Gen'l Torbert because he would not detract
from his dignity as a gentleman and a represen-
tatiye Of the United States, by insulting the
spanish Authorities in making unreason able de-
mands in'regard tolthe fifty ilbust ros captured
at Bahia-Houda. Mr.. Owens did all in his power
for those men, and by his good Offices, saved the
lives of part of them, in fact he did ali any man
could do for men Ou l1lped by our government
PROCLAMATION of Gen'l. Taylor in 1949) and con-
sidered as pirates by the Spanish government. 1
can bear testimony truly as did the foreign pop
ulation of Havana at that time, that Mr. Owens
did all that whole souled humanity could dictate
without transgressing hispowers. or acting unbe-
coming gentlemen. He told me " would that l
| could have saved those TIM persisted. did all
| could for them, but the authorities were inexor-
able, such was the feeling" mot long afterwards
| he was retired from the position. Such was
the feeling and clamor of the people
and press from sheer prejudice and
ignorance of the facts of the case in reference to
| Mr.. Ovens part and the want of common sense
| and reason in regard to the merited fate of the
| hlibusteros say not 80 because 1 want to man
/ ifest too rigorous or vindictive spirit towards
| the unfortunate in crime, but they, as we'll as
| DIR. Howard and every other man. unless he be
| snecimen of idiocy know well the Consequence
| of all such adventures by law and innumerable
| precedents in the history of the world Now let
| us not find 80 much fault with Gen1 Torbert,
| await the details of the case and we in time may
| lind that he did all any reasonable man could
do in sympathy and right for DIR. Howard, and
as he has a better chance, there, to know the
facts than we have here, as reasonable and
high-minded man, he will know how far to go in
the promises.
And this will say that 1 am satisfied that
Mr., ToTbsrt, or our government representative
in Madrid will be respected and listened to witt
as much attention and more, with as favorable
results in favor of DR.. Howard be he American
or Spanish citizen, guilty or not guilty when il
is done in a humanitarian sense as would result
from any other agrieyed nation Of the world
Let our Judgment be suspended for the present
leaving the matter to Mr.. Torbert and the friend
ly offices of our Government and in the end yol
will be better pleased with your forbearance ant
| FAIR PLAY.