The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-16

but with the iendish object of completing the
work of death the painful journey over
rocks and through thick underbrush, only
rendered passable by the free use OF
the machete; the arrival at the rude
headquarters of the President of the
homeless and wandering Republic; the
frugal breakfast with Cespedes in the hut,
while over the rough, improvised table the
two men held earnest converse on topics that
may change the destinies of nations and infu-
ence the fate of millions. The story, intensely
interesting as it is, will be read with avidity
by all whose hearts beat in sympathy with the
oppressed, and by all who desire to obtain re-
liable information of the condition, the hopes
and the prospects of the Cuban instruction.
The HERALD is now more especially called
upon to consider those parts of Mr. O'Kelly's
letter which bear upon the present position of
that gentleman as q prisoner in Spanish
dungeon. We are informed through the
press report from Havana, evidently inspired
from an official source, that the charge
against Mr. OKelly is the possession
of letter from President Cespedos.
The Spaniards do not care to inform
us that the letter in question was addressed to
the proprietor of the journal of which Mr..
O'Kelly was the accredited agent; that like
the letter brought by our African commits
sioner from DR.. Livingstone, it was mere
formal expression of thanks for the interest
taken by q leading journal in the affairs OF the
Cubans, and intended as proof that the
mission of our agent had been faithfully and
thoroughly fulfilled This fact is, however,
made known to us through Mr.. O'Kelly; and
hence we insist that the possession of such
letter cannot be an offence against the Spanish
Cuban laws, provided that such laws authorized
any communication at all with the insurgent
camp. Now, even if the Spanish military
rules prohibit communication with the in
surgents, they were nulifed in Mr.. O. Kelly's
case by the express permission granted
him by the Captain General to 60 wherever he
pleased OF his own risk, and by the failure Of
the Spanish authorities at Santiago de Cuba to
restrain him from leaving their own lines to
enter those of the insurgents, in accordance
with his publicly avowed intention. More
over, after his departure, the Captain General
admitted that he would not be held to have
been guilty of any offence if, on his return,
he should be able to show that he had faith
fully preserved the character of neutral It
is true that Mr.. O'Kelly was warned of the
peril Of joining the insurgents but this warn
ing only meant that he might lose his life in q
chance encounter, or through the rifle Of a
81 or 40 Ha oho tO hrov f1,o
danger; he entered the Cuban camp, and in
So doing he only availed himself of the direct
and implied permission to do SO extended to
him by the Spaniards themselves.
. Under these circumstances we insist that
our correspondent has violated no laws Of
Spanish Cuba, and that the letter he bears
openly from President Cespedes to the HERALD
is not document the possession Of which
could be distorted into an act of treason. We
discredit the insinuation conveyed in the
Spanish report that the British Consul at that
place brings any such charge against Mr..
OKelly If he does he would be unfit for the
position he fills. Mr.. O'Kelly's instructions
bound him to the strictest neutrality and i'm
partially. Neutrality was imperatively ne
cessary for the proper discharge of his duty
as correspondent for the HERALD is no par
tisan of either side, and desires only to place
reliable and impartial news before the public.
If we favor the independence of Cuba we do
SO on the broad ground of freedom and
humanity; but if the Cubans are unfit for
independence, or if their struggle, however
praiseworthy, is hopeless, the HERALD will say
so to the world, and advocate the cessation of
the wasting and cruel struggle. Had Mr.
OKelly disregarded his instructions and for
have been prompt to denounce his conduct,
even though we might have pleaded for his
pardon. But, strong in our confidence in his
honorable conduct and confirmed in our
judgment by every fact that has been brought
to light we proclaim his innocence of any
offence against the Spanish-Cuban laws, we
denounce his protracted imprisonment as q
needless injury and insult, and we warn the
Spanish authorities that any outrage COM
mitted upon him without legal warrant will
arouse the indignation Of the civilized
world and recoil with terrible effect upon
its perpetrators. Mr.. OKelly's conscious
ness of innocence and his high sense Of honor
alone have placed it in the power of the Span.
ish authorities to hold him as their prisoner
even for an hour. His letter informs us that
President Cespedes offered to send him home
by way of Jamaica, and the receipt Of his
present communication is the best proof that
he could have escaped without risk had he
chosen to do SO. He declined the offer, and
boldly entered the Spanish lines with all his
notes and documents in his possession. He
trusted to Spanish honor for his safety, and it
will be unfortunate for the nation if that trust
shall be found to have been misplaced.
We learn from our correspondents letter