The New York herald., 1872-07-07

The Spanish Eleotionoering Gard OF enc
Observation-Disclosures Heuard Cess and
the Politicians.
The special cable despatch from Madrid
published in tho HzRAID to-day intimates that
! delay has occurred in the release Of Dr..
Houard the alleged Cuban insurgent, by tho
Spanish government and that such delay has
resulted from Q diplomatic formality. The
Spanish Minister for Foreign and Colonial
the American Minister at the Spanish Court
shall request the pardon of the prisoner, and
! this request our representative in Madrid
refuses to make taking the position that his
government assumes Dr. Houard to be guilt
less of any offence against the laws of Spain,
and hence to be illegally and unjustly deprived
of his liberty. Sharp notes and kilograms,
says our special cable despatch have passed
between Madrid and Washington, giving the
impression that q crisis is at hand and that
great danger threatens of breach of the
cordial relations hitherto existing between our
Washington authorities and the government of
King Amadeus.
that the American people are not now in full
| possession of the exact position our govern
ment has taken in regard to the Houard affair."
and that they are left to judge Of its tenability
from the unofficial reports that have from
time to time reached us from Washington
and from the Spanish capital If it had
appeared from these statements and from
klok ANa ikc Sxyoxy
to publicity that Dr. Houard was in good
faith citizen of the American republic, en-
titled to the protection of q flag powerful
enough to guard the rights and liberties Of all
who stand legitimately within its shadow, and
that he had been arrested without warrant and
convicted without evidence, every voice in the
United States would have joined in q
demand for his unconditional liberation.
In this case, however, it would be
clear to the American people that our
government should have long since taken the
position they are now represented to have as
sumed, and have insisted upon DR.. Houard's
release in the same decisive manner in which
the German squadron at Port au Prince re-
Gently collected the amount due to German
subjects for the losses and damages they had
suffered from the illegal acts of the MILL
tary forces of the Haytien government.
But the information that has reached us
in regard to DR.. Houard is, at best, Of
contradictory character. We have had the
statement Of the unfortunate prisoner him
self, who, in an interview with HERALD cpr-
respondent, has avowed his innocence of any
offence against the laws of Spain, maintained
his claim to the protection of the United
States government, and alleged the arbitrary
and irregular character of his trial and the
injustice of his imprisonment But while
prejudiced against the ruffianly Spanish au-
thorities in Cuba, we are compelled to remem-
ber that every occupant of cell in the Tombs
or in State prison would be equally positive
in the assertion Of his innocence and of the
persecution of which he had been the victim.
We have been assured, no later ago than June
8, that our Minister at Madrid, Immediately
after his return to his post of duty from the
Erie campaign, had made a formal and peremp-
tory application for the release of DR.. Houard,
and had accompanied his demand with O dec
laration that the President of the United States
would take decisive action in the premises in
case of noncompliance on the part of the
Spanish authorities Subsequently, on June
23, our Madrid advices brought the intelligence
that the case of the prisoner had been officially
arranged between the two governments; that
on our part we waived the question of the
claims of DR.. Houard to American
citizenship, placing our application for an am
nesty upon the ground of friendly intercession
on his behalf, and that the Spanish govern
ment had conceded his release out of considera-
ton for the United States. Now we have the
report published to-day that the Doctor is still
prisoner in consequence of the position taken
by the American Minister at Madrid, who re.
fuses to request a pardon at the hands of the
Spanish authorities and persists in demanding
an unconditional release
We have said that the statements in regard
to DR.. Houard's case are contradictory. This
is true of the little that has reached us on the
subject officially, as well as of the unofficial
stories that have found their way into print
On March 8 a despatch was forwarded by
Secretary Fish to the Charge d'Afaires at
Madrid in the absence of the American
Minister, in which the subject was directed to
bebrought to the attention Of the Spanish
government. In that despatch Secretary Fish
recognized the citizenship of DR.. Houard, and
held that the action Of the Spanish authorities
in Cuba in trying him by a court martial, and
their refusal to furnish record of the proceed
ings of the court and of the testimony adduced
against him, was clear infraction of the
seventh article Of the Treaty of 1895, made
between Spain and the United States.
Our Charge d'Affaires was therefore