The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-19
THE CASE OF DIR. EoUARD.
President Grant Demands HOuard as Right
and Then Begs His Release as a Favor.
Has tho United States Surrendered 10 Spain "A
Humiliatlng Chapter in Our Diplomacy
Secretary Fish's Finger in tho Pie
Grant Defeat Abroad

The case OF Dr. Houard Is assuming proportions
as grave and monOtonOus as "The Jenkins Ear
Question:" celebrated by Mr.. Carlyle. The spanish
papers make it D current topic and In the clubs
and coffee houses Is discussed to the exclusion OF
everything but the bull fights. for upon that theme
the Spanish mind has reserved rights that no revo-
luton and no political cxcitements disturb. DR..
Houard's case is practically at an end, and there Is
no doubt that he will be released to-day or tO-mOr-
row. But, before it passes into history, there are
circumstances connected with the release that
should be known, toshow that I'm this, as in every
other feature Of our foreign policy with Spain, We
have submitted to humiliation. That strange inhu-
ence, or, more likely, fascination which Spain eXcr-
cses upon our government never had q more I'm
portant exempiication than in the Houard case.
The American cannot but rejoice at the release Of
Dr. HOuard He cannot but feel that his release
was attended with circumstances Of dishOnOr to the
nag.
THE HISTORY OF THE CASE.
When the case of DR.. Houard was made manifest
to the American people it believed that, what.
ever moral sympathies it might arouse the law was
against u.s. ana that the Doctor really subject
of SPAIN The Americans knew that the feeling OF
revolt and dissatisfaction was generally distrtb-
uted through Cuba that 1t would have been quite
safe for the authorities to arrest any resident with
United States sympathies or connections at ran
dom. Houard had Cuban sympathies, was con.
nected with American families and was also ma
tive OF Pennsylvania. More than that, one nephew
was the commander in chief of the insurgent army
while another was general of the forces. So when
the American Secretary Of State ntimated that the
case of Or. Houard was one which could not be
made matter Of correspondence or remonstrance
with Spain, the country generally conceded
with him, and Houard was left to his fate.
Rut avid m IN tn md ruhIi
opinion, universally sensitive about Cuba and
Spanish Outrages upon American property, saw
that Spain had no claim, the American govern
ment was compelled to make demand for
his release. This demand was made by General
Sickles upon his return from the United States BY
the instructions OF the government 1t was peremp
tory in its character 1t was shown that Dr. Houard
was an American citizen by birth and had never
transferred his allegiance. 1t was shown that by
treaty no American citizen could be tried in Cuba
or In any Spanish possessions except by a cOnst
tuted tribunal, and that DR.. Houard having been
condemned by court martial was clearly under
tho operation Of this treaty 1t was shown that
under this unjust and illegal sentence he had been
deprived Of his property and OF his liberty for nearly
two years. AS a consequence Spain was informed
that the President could not but view with concern
the attitude OF the Spanish government, and unless
DR.. HOuard was restored to liberty at once he
munlcate the facts to Congress.
THE AMERICAN MINISTER ENTERS UPON wARpATH.
The Minister lost no time In making these repre-
sensations to the Spanish government. Those who
know the intellectual temper and tendencies Of q
mind like that OF General Sckles Will readily I'M
derstand the emphasis with which he would convey
to Spain the instructions Of the President. When
his note was written spain was IN "a crisis" Sa-
gasta had been tumbed out of power for making
free with public moneys. SerranO had been sum-
mOned from the Carlist wars to ''save Spain.n The
republicans were preparing for demonstration.
The radicals were about to make common cause
with them Gorilla had retired IN pout from pub
lie life. The Kings throne was trembling, and men
saw the ghost of Macmillan lowering over his dy
nasty. Serrano was insisting upon supreme power
to save the nation. War was in the air. Foreign
ministers had gone NC. 30 far as to devise
her children from the fury OF an unreasonng
and uncomfortable instruction. At time like this
any ordinary diplomatic communication would have
made little impression upon the spanish govern.
ment, or under similar circumstances, upon any
government; But, MISUNDERSTANDING TINS, the note
monstrances Of the President made profound i'm
preston upon Madrid. The papers began to breathe
Spanards began to see that the United States gov
eminent was in earnest anu the effect was crafty
fny - TO ese new phase OF pocy so far as Cuba was
concerned and remembering the Presidential year,
1t was thought that President Grant intended to
fight one battle OF the campaign In Madrid. The
Spanish generally the most sluggish Of mOras, and
in diplomatic matters indlsposed to answer
q note in less space than three months,
responded to this In two three days. Our Minister
was overwhelmed with assurances of Spain's friend
illness. He was told that his wit was unanswer-
able, and that in few days Houard would be re.
leased, with suitable apologies and representations
to the American government SerranO himself
was said to have interested himself in the case,
and to say to the Minister in his bun sOdierly way
that America might nave Houard and much good
might he do us.
AMERICA AGAIN HUMILIATED-rIsH sURRENDERs.
SerranO fell and Gorilla came into power, and
HOuard remained in prison. Martes became For
eign Minister-a wise. liberal, lar-seeng states
man, who is friendly to the United States As soon
as he opened his portfolio he was confronted with
seemed to pervade the Spanish mind. Houard
would not be released after all. General sickles
was to he recalled for interference In Spanish local
politics. The Americans had no right to make the
demands they had made General Sickles
in his note had transcribed his in.
power OF spain than the American Minister, and he
knew perfectly well that In the event OF America
giving spain the least trouble spanish cor or
ports. There seemed to be deadlock In the
negotiations And when our Minister called upon
Martes for the release OF Houard, the response was
that he could only be gwen up as an act OF cemency
upon the part of the King. There, however, was
the note-Grant's peremptory instructions a long
answer TO these arguments :" mo" was the
reply 'ior we learn from Admiral Polo that Mr.. Fish
has changed the tenor OF his instructions, and In
stead OF demanding this man as right because OF
his citizenship, you must ask him as a favor, as a
pardoned by the King" II the spanish papers are
TO be believed these the instructions which Mr.
Fish sent out to our Minister, and before sending
them communicated them III advance 10 spain
through the Spanish Minister.
GRANTS DEFEAT.
leave this to the Judgment OF the American PEG.
pie MIR. Fish may have some wise explanation OF
what seems to be shameful and humiiatng ex-
pedent our whole policy with Spain, which began
with so much promise, has been paralyzed, and
General Grants hrst battle In the Presidential
campa On Is disastrous and Illuminating defeat
ARMY ORDERS