The New York herald., 1872-07-07
S p A I N.
Herald Special Report from
Madrid.
DR.. HOuard Still Held in Prison and
the Question Of His Release a
Diplomatic Difficulty.
What the Royal Cabinet Requires
the United States To Do.
Singular Position of the Ameri-
can Minister.
A Great Display of Bluster and a
Small Display of Brains.
Another Alabama Correspond
ence Threatened.
Singular Position of the Ameri-
can Minister.
A Great Display of Bluster and a
Small Display of Brains.
Another Alabama Correspond
ence Threatened.
Secretary Fish'S Exposition Of the Weak
ness Of DR.. HOuard'S Case.
rELEesAms TO the NEW YORK HERALD.

TELEGaAms TO THE NEW YORK HERALD.
The following special despatch to the
HERALD has been received from our CORE
spondent in the Spanish Capital
MADRID July 6, 1872.
The delay which has taken place in the full
filment Of the act of DR.. Houard's release from
prison by the Spanish government is OCCASION
ed by the fact that Senior Martos requires,
on the part of the Kings Cabinet that
the United States Minister, in Ma
drid shall ask that Houard may
be pardoned by His Majesty Amadeus. The
American Minister refuses to do this, because
the position he has assumed and maintains is
that DR.. Houard is not guilty of crime, and is
unjustly held in detention by the Spaniards.
Sharp official notes have been exchanged be-
tween the Spanish Foreign Office and the
American Legation, and Ministerial telegrams
have been received from Washington on the
subject.
DIR. Houard's Case Officially Stated by
Secretary Fish.
The following is the despatch written by the Secre-
tary of State Mr. Fish, to the Vice President OF the
United States, in reply to communication asking
for official Information in the case of Dr. HOuard
DEPARTMENT OF STATE,
WASHINGTON, March IL, 1872
SIR have the honor to acknowledge the receipt
Of the paper referred to by yOu under date of the
10th instant, to the department, and to thank you
for promptly putting me in possession of the inior-
pers on file in this department relating TO the case
of Dr. John Emeie Howard, all of which papers have
been most carefully examined and have been made
the subject of
ANXIOUS CONSIDERATION BY THE PRESIDENT
and his advisers Should you desire to see these
papers should be happy to submit them to your
examination. The facts in the case may be briefly
stated as follows:-There is no doubt that John
Emile Houard (not Howardl, was born in the
United States. His father, Louis Houard, was
French subject by birth and citizen OF the United
States by naturalization John Emile Houard went
to Cuba at very early age, in company with his
father, who became a resident OF that island. The
young Houard was sent to Philadelphia to be edu-
Gated, but returned to Cuba, and he has actually
RESIDED IN CUBA THE GREATER PART OF HIS LIFE,
practising his profession as physician and surgeon.
lie or his father enjoyed what were supposed to he
certain privileges to which was attached the right
to become Spanish subjects, but DIR. Houard de-
clares that he never formally accepted such ma
tOnality and never renounced his nationality as
citizen of the United States Two married sisters
of Dr. HOuard, with their families have always
been residents Of Cuba, and three OF his nephews
were officers Of the patriot or insurrectonary army
II can scarcely be denied that these circum-
stances in some degree Justify the Spanish authori
ties in regarding DIR. HOuard Us subject to their
Jurisdiction since, on the other hand, nothing
whatever is brought forward in his behalf to illus
e or his For a Il e eo Of
that he interested himself as did many citizens
at home and abroad on behalf OF the Union cause
during our own war; that he offered his services as
surgeon In OullvOlunteer army; that he subscribed
to any OF tile war charities or that he paid at any
time income tax or other tax to the United States,
or ever did any particular thing tending to show
the Spanish authorities that he cid not consider
himself Spanish subject, or to show this govern
ment that he did regard himself citizen of the
UNTIL HIS RECENT MISFORTUNE OCCURRED.
But these considerations of course, not conclu
sve but the real question is whether Dr. HOuard
has actually given just cause OF offence to the
Spanish authorities, and here. unfortunately. the
evidence is conflicting, or TO speak more exactly,
this department has not been supplied with aiy
conclusive evidence to be urged ON his behalf The
unfortunate circumstance that a
MEDICINE CHEST FORMERLY BELONGING TO HIM
and marked, 1t is believed, with his name, was
found In camp captured from the insurgents, Is
mentioned in the paper submitted by you. From
other evidence it appears that this was not the only
instance, but that another medicine chest, also
marked with his name and admitted to have once
belonged to him, was found in another captured
camp OF the insurgents You will readily admit
that had similar circumstance occurred during
our own war 1t would not have been regarded as
disposed Of by simple declaration that the medI-
cine chest mad been parted with previous to the
outbreak Of hOstilites
ton OF this government in behalf OF DR.. Houard
from becoming eilcacious for his release Is the fact
that he has been
REGULARLY TRIED AND FOUND GUILTY
10y duly constituted trbunaln the Island OF Cuba.
II II were In the power OF Dr. HOuard his friends
to put this department in possession OF facts that
would impugn the integrity OF the proceedings of
that tribunal or deny its competency to act in the
premises, such facts would be urged to the best
htfnn t,..
cepton of the er pa,1e declaration of single, un-
Trustworthy witness, who now declares that he
WHICH WAS FALSE.
! need not remind you that the government OF
the United States acknowledges the principle OF
expatration, and that formal act or declaration
IL not essential to effect remuneration OF the ma
tioIality of birth. II DR.. Houard had desired to
nounce his nationality OF birth It was not necessary
for him to do more than he had actually done In
quitting the United States, establishing himself
permanently in Cuba and making that Island his
residence without any declared or fixed intention
TO return to the United States and without dis
charging during his long residence any duty oil
citizen Of the United States, and appearing Osten-
sibly as Spanish subject. II there be circum-
stances to contradict this
APPARENT THROWING OFF OF AMERICAN CITIZENSHIP
they have not been fully presented.
The remark that other governments are more So
lcitOus than that Of the United States 10 protect
their citizens abroad is not supported bv any facts
relating to the present troubles in Cuba and might
be tlisprovcd by abundance Of evidence to be found
in the published archives and correspondence and
In the dehates oil puOc assemblies Oi uiiiercnt ma
tons The United states government Is
GENERALLY MENTIONED AS THE MOST ExAcTING
in this respect of any in the world, and nothing
whatever has been done by the present adnlinistra
tion to change its character In this regard. No
other Power has been more successful than our
selves in dealing with the authorities of the island OF
Cuba. 1t IL, however, very common thing for
people OF any nationality, in moments Of dis
appointment aud excitement, to imagine that IL
their nationality were different their cases would
receive more careful attention. You may be sure,
Mr.. Vice President, that the painful case Of Dr.
Houard and all similar cases will continue to re-
ce,va tho ,noat careful consideration nv thia nov