The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-02
DIR. H0UAEI'S CASE.
THE AMERICAN IN SPANISH CHAINS.
The stste Department History
c5,ba Aged Prisoner Born and Graduated
I'm Philadelphia - His Trial-qhe
N.a,cine Chest Evidence-Mrs.
pat.cn's Statements



Aonse Of Representatives in reply 10 resolution OF
,bat body calling Tor information in relation to DR..
HoDa,d, recently Condemned ny spanish court
martial IN Cuba ana sentenced 10 eight years haru
labor IN a>snain gang and the conlscaion Of nj MS
property.
The secretary OF State SHOWS in his comnianica-
hon accompanying the documents that
TIE NAME IS HoUARD, AND NOT HOWARD,
appears In The resolution O! the Holse. TAe
diplomatic correspondence commenced as lar back
AZ December 1914 in relation 10 the arrest OF DR..
Eouard ana embraces var,ons letters from the Ses-
rotary OF state 10 our Consul I'll Havana, together
with letters rom citizens OF Philadelphia in behalf
n DR.. Houard. One from Mrs. Emee Dutton Of
Philadelphia strongly appeals 10 tho President Ior
MS inerposition. The President, although the fact
ices not appear III the documents,
STRONGLY ENDORSED HER APPEAL.
Minster Roberts, replying to Secretary Fish,
nnuer date Of February IA. 1872, from Inc
reports OF the Captain General 1t appears thai Or.
fIouard has no right 10 claim American citizenship,
since in addition TO the fact tnat his father re-
nounced MS character as a foreigner by accepting
.hc once Of Toice Commissioner, amy foreigner
soslding IN Spanish colony mast. in order 10 NE
considered rs such, in accordance wilh the law OF
1870 nave his name enrolled te list Of foreigners.
Not having compea Wlth this requirement. nc ~
Iot, therefore an American citizen.
Among the more Important pagers III tue CORE.
snondencc are the IolioWlng:--
secretary Fish addressed Mr.. Adee, Charge
niiaires at Maorid, on she 9th OF March, 1872, ~
!ncse words
by birth He was born in Philadelphia IN september t. FL
o II m was also citizen Of he uesd BY
STANDARDIZATION, completed il 1903 Abou s4 OF 1879 john
later establish = ina. ISLAND Which nc main
turned g philadepa al time orlor to 1886 Whom he
GaApuHTnD ,. At Inn JnTrrusos MEDICAL INsr,Tu1r
there n nc year 1913 He subsequently repaired 10 the
authorities 10 practice hs Profession in a islam j. Under
dale OF ash of August 1s4 In this permission lie de
rcrbe1 as native OF phar elphia.
II doss not appear That Dr. llouard ever ysnonpeea hs
atty. -.,-, ~. .
schev seelieycd BY reason Of tie coapcs Of some
hs rea''os ~ the rebeion John zoo, ,ne aouaId was ar
latter part Of the year 1871 he
fonnd guilty, eight years imprisonment and
onlsoa,on Q! all ha property 1t IL understood mat lie 's
Mr. Torherl Consul General a, Havana, instructed 70
he e 90 % the proseedass q mo ssar. martial eoye
replied tina, the Consul General right for
N resarn 70 the case b., should conc 10 hin
General nor the Consul General had right 10 corosrond
,hs s' Of January last aaa,cssea he Spanish
cbaTs ss sydsnce safeo them ~ -
3nle hEqgresgr mas Nog Hrns COMPLIED Win;
reutne, tho fact Mr. housras citizen
m Gs 20 haze y ass the S
Isstelsr 10 nis testimony before
falec beng given Under duress and fear hls
safety. copy or tins statement OF C9pole herein
eiosed
nyin a d. Housr By court martial ana i"l1 refusal
furnish record Of The proceedings of court AM o the
testimony addcef against nlm appear 10 be clear iDfa,
tJon CT The piovisions OF
between me United States spain iataeion tie
tresty against which this called to nerpoee
yoo arc aceoransy instructed to bring this
sact Tia. Dr. Houard native citizen Of Tic United states
Tcu VIII demonstrate against inc proceedings o. mo spanish
OF treaty already ete and you viii ask be mnc
"' Tsn ue oaeSieni servant, HAMILTON FISH,
The following letter was written y MI Fish to
UT. SoliaX:-
v1 nsss5sgE.'9a or FIT 4 bal
aa aays TO 'sS ade 2 h! s
The Deparent ana Y thans you for promptly patna
mass Z e ID Ills Department sa reafns tas 10 ne
!; % R4s h%s sS S,ss sSs
ana ns SSod y5a , hJ t q ae 5s l..
,hoplq q happy to submit hem % yoar eva n9n; RS
u S s Jon y ne Sai oya Tas SW r ef gs
% TIC United stales- lis fa.sar Lodls Hoaard was
s i Maaa1G q w ss os % caSa a'sa
ss carly age il company with hs 5pGcr who became
riIaaerRa q be educated But fstunea 10 o5a and he
efeipsD y oUnA TIE eHEATrR PART or us LIFE
aetng Ls profession as phys.aian sna aeraeon ie OF
egea 5 vaa YES altlche snt p Become spanish sub.
ccee such nationality and rraonncei his nationality
rouaFd with iheir families, have always residents II
Cuba snd .ee Of ms pophews officers Of the pa,rio,
scarcely bs denied .sqt these circumstances in some
aeico luy The Spanish authorities Ia regarding Dr. Hon
ard srbiect to their jurisdiction. tho other hand
nothing whatever brought forward in his behalf 70 Illus
.r fo Instance u does not appear that he interested HIM
20 as a. an @ L. OF Sshf IL
services surgeon in volunteer array that be SUB.
e sy q Of 9 os9 tax y se e saa
@ Rs % % nG a ssnan s sas se as
chow this ovenmcn that he did regard himself citizen Of
uNrIL RECENT mIeroRTU,yE OCCURRED.
The real question whether DR. Houard has actually given
founa,ey the evidence Is concns or 10 speak
as ths department has no, been sEpcn with any con.
a"a nMked i IL believed with h,s name Was found ~
@ s S% To The From oSs svensa rs hat
sss no. We only Instance ba. thai another medicine
heonae to Nm was soans n another captured camp Of the
pssaed ss oF y s wa osa no Sa he
meocc chesi NAT been parted Win previous 20 Inc outbreak
The strong which prevents the intervention Of this
soGs FOR his release Is the TACT inai he has been
aday eonsiiasi tloaas "a ne 1 island d casa.
erren, n Of facss sna Would i%pas he II.
rsieney in the premises such facts would urged
.as oe dssn'ags og none such are offered WITH the OK
nsss who now declares that he gave testimony against
WHICH WAC FALeE.
ineed not Temna that government OF tbo United
States aeknowedges te principle o. expstiaton and that
declaration IL elect
ciaton OF the nationality OF BIRTH II Dr. Houad had de-
rea to h % his ssops Of birth was no, mecca
fbe United States establishing himself n IN Cuba
and making that island bis residence without dec
az fixed intention TO return TO the United States and without
schagng during his long residence any duty Of citizen
she Uned state and ppearing osensDy Spanish aub
sect. il there be circumstances 70 contradict this
AppAEENT THROWING AMERICAN OWNERSHIP
they have not been fully presented
1he that other governments polsli0us
fhaD that o. the United states TO protect iheir citizens
abroad y not supported by any acM relating TO the present
troubles cuba mica be diaprnved abundance OF
found the published archives aud correspond.
encc the debates OF public assemblies OF different
nations. The United states government Is
GENERALLY MENTIONED Az THE MOST EyACrlNG
IN this respect Of the world and nothing whatever has
by present administration to change s char
sicer regard. No other Power has been
ressu than ourselves in dealing with the authorities of the
Island OF Cuba. IL IN. common Thing Tor
oeooie Of any nationality in moments Of dis.
aytoin;rent and excitement, to imagine that u
Tbs. nationality different their cases wonid