The New York Herald Newspaper, May 18, 1852, Page 3

“VERY LATE FROM THE SOUTH PACIFIC, Trial and Execution of Cambiaso, the Chilian Pirate. ‘The Murderers of the Owner of the American Bark Florida. ATROCIOUS PENAL CODE. THE MOVEMENTS OF GEN. FLORES. Richness of the Silver and Copper Mines, MISCELLANEOUS NEWS FROM ALL PARTS OF SOUTH AMERIQGOA. MARKETS, &eo., &e., &o. The English steamship Quito arrived at Panama on the Ist inst., from Valparaiso, whence she sailed onthe 10th ult. As she did not call at Guayaquil, we have received no further news of the Flores ox- pedition. The markets were improving, and prices of mor- chandise goncrally, were on the rise. Coal was worth about $18; the cargo of the Rip- ley was sold, to be landed in Panama, at $35. The domand for freight to England was decreas- ing—two vessels had been taken up for saltpotro,.at £2 5s., and the Libra, for guano, at £2 15s. The Chilo government had agreed to take $2,000,000 stock in the Santiago railroad. Cambiaso, an account of whose infamous and murderous conduct we published some time ago, has been tried and executed at Valparaiso. The penal code created by him, and all his gono- fal orders, are of a bloody and cruel character, gcarcely comprehensible to the mind. The accused were ten in number; but only seven ‘wore sentenced todeath. Belonging to tho army, they wore tried by a court martial, and Cambiaso— lieutenant in the garrison stationed in the Straits, and chief leader in the rebellion—was convicted of ‘heading the insurrection, which took place on the 29th of November last, and of taking the govorn- ment of the Straits into his own hands; of having ordered the assassination of Gonzalez, a convict, and formerly sergeant in the army, for the offence of receiving a bottlo of brandy given him by Captain Salas, prisoner of Cambiaso’s; of having made his followers swoar fidelity to a red flag, with a skull and crossbones, with the motto, “ I give no quarters”—a fitting symbol of his ferocity; of having seized the vessels Florida and Eliza, which anchored in the Straits; of having ordered the assassination of the masters of said vessels, and passengers—of one Riquelme, supposed to be in communication with some fugitives; of Post Captain Don Benjamin Munoz Gamero, Gover- nor of the colony; of the clergyman Acuna; of four Indians, natives of the Straits; and of ordering all the bodies, excepting those of three Indians, Gon- zales and the clergyman, to be burnt whilst the national hymn was sung around the funeral pyre. He and his accomplices were also convicted of burn- ing tho hospital and the saered vases; and, after uitting the colony, leaving from forty to fifty men abandoned in Port Solana, where they would inevi- tably have died of hunger had they not been re- lieved by the steamer Virago. Being convicted of these crimes by a court martial, he was sentenced to be degraded and shot, and his body to be after- ‘wards cut in pieces. Six others, viz:—Ensign Villegas, and the convict serjeamt Jimenez, Aristegni, Briones, Captain Ri- quelme, and the sailor Jose Tapia, convicted of aid- ng and abetting Cambiaso in his murderous designs, ‘were also sentenced to be shot. Tho ether three persons were absolved, on the ground of being forced to follow Cambiaso in order to save heir lives; and also for having planned and effected he counter-revolution on board the Florida. The sentence was published on the 23d ult., and carried into-offect on the 4th. Cambiaso and the old soldiers showed a courage worthy of a hotter cause. If it had been displayed on the field of battle, or if it had not been preceded by the most dreadful crimes, they would have been heroes. Born ef great actions, for glory, and for their country’s defence, they mistook their mission, and they have suffered anignominious death, haunt- ed by remorse and soiled by crime. On arriving at the place of execution, Cambiaso begged leave to address the people. He spoke with seli-possession, and confessed himself guilty of all the crimes imputed to him, and worthy of the fate he underwent. He said the same of his accomplices who shared his fate. Cambiaso was about twenty-five ortwenty-six years of age. His personal Le eters did not reflect the bloody laws of his penal code. His forehead was open, his complexion fair, his hair dark and profuse He had afine aquiline nose, and red lips, adorned His face was almost co- with an ample moustache. vered with beard. His stature was of the middle size, and more thin than stout. But his eyes revealed the secrets of his heart, and told what nature hid under the beauty of his person. He could never meet any one’s gaze avith a frank and open look. His eyes were view- Jess by his eyelashes, from underneath which he cast covert and piercing glances, like those of a bird of wey. He appeared fearful of fixing his gaze, lest fe should reveal his seoret thoughts. We publish Cambiaso’s penal code. Its atrocity “s such that it gives the whole transaction a savage character, which may perhaps interest our readers Miuitary Crimes and THein Corresronping Pustsit MENTS. Ant. 1.—Every inferior who speaks disrespectfully of his superior officer shall be immediately shot. —Every inferior who shall raise his hand superior officer shall be immediately hung. qi Ifan inferior strikes his superior officer, with? or without arms, he shall be burnt alive. Ant. 4—IHe who should be a traitor to the flag we have sworn to. shall be cut to pieces, alive. and atter- wards burnt. ‘Ant. 5.—He who is guilty of perjury, incurs the same punishment. Ile who communicates with the enemy, incurs the same punishment, Art. 7.—He who speaks against the service, incurs the same punishment. ‘Ant. 8.--Ronneny.—He who steals any object, money, er any article whatever, shall be hung. ‘Ant, 9—Want of Puxcrvairy.—If any person in the =nilitary service, (no matter in what capacity.) be want- ing in his duty. and does not present himself in the place snd at the hour he has been ordered to appear, shall be tried and shot. ‘Ant. 10.—Cowarpicr.—Every man who, for want of courage. flies from tho enemy, shall be put to death by the bayonet ; and his eyes shall be taken out to prove the fact. The body of a coward shall be burnt. Art. 11.—If any traitor be seized, his tongue shall be cut, it being the instrument of his falsehood. He shall be burnt with a red hot iron, and he shall afterwards suf- fer the punishments he has incurred, according to articles 5th and 6th. Art, 12—Sentinels found asleep at their posta, shall be immediately hung. they being the only persons respon- sible for said post's security. Therefore, the se1 its are requested to visit the posts every ten minutes, for the observation of this article. Art. 13.—He who in battle gives quarter to an enemy. out of pity or any other eonsideration, shall be imme- diately shot. Ant. 14—The officer, nt, or soldier, who is not vigilant when on guard, 6) be tried and shot. Ant. 15,—The infractor of any of these laws, if an offi- or, shall be hung; ifa soldier, shot. Ant. 16.—AlL poet persons are charged with the fulfilment of the preceding articles. This is particularly recommended to superior officers, and they are requested to inform their troops that want of information on this head, will not exouse them from undergoing the punish- mente expressed. Ant. 17.—He who should steal or hide, or abet another any powder, balls, or articles of war, shall be ing. burnt alive. Art. 18.—He who in battle. or on march, should throw away the cart: given him, desirous of not injuring ‘the enemy. or of relieving himself of their weight, shall be cut in , alive, joint by joint, beginning. in pre- forence, with the fingers of the right hand. His remains sball afterwards be burnt, Ant. 19.—If. on arriving in any province, a Montista be Alscovered, his house shall be sacked, and the owner or tenant thereof shall be burnt in said house Ant. 20,—If any person in the troops under my com- mand. sells any article with usury, he shall receive 100 jashes. Ant, 21.—The chiefs of this division, desirous of pre- venting all fraud, prohibit, under pain of the gallows, any attempt to give money on gage, or with any kind of interest. ‘Ant, 22,—Ile who from this time forward, should lend money on gage, shall lose ail right to the gage given him, losing also what he gave on it, and receiving 200 lashes in punishment, Arr, 23.—The sentinel or advanced post. who, on see- ing the enemy approach, does not give the alarm, shall be eut in picces alive, considering that from his omission great dangers arise Ant, %4.—The chief, officer, sergeant, or soldier, who should not defend his post unto death. sball be burnt no excuse to be admitted on account of the gre of the enemy. the bad state of the armament, or an; thing else tending to cover his cowardice. Ant, 26.—Any officer ordered to asawult a post, shall take it or lose his life in the attempt; if he returns un- successful, although he love all his soldiers in the attempt, he shall be immediately shot Ant, 26.—If any sentinel give the gui vive, and does not receive in answer “ General Cruz,’ he shall immediately fire at the person interrogated Aur, 27 —This government, desirous that every indi vidual should preserve his money, and en ful objects, prohibits all kinds of hazard A in an edito1 if in resorted to in order to while away be lottery, and without interest. article shall be hung. rat. eae Aut. 28.—An ounce of gold shall be givon to everybod T. 29.—Any sentinel who abandons the post commit- fp leare ial be, pinched Sas at tones a ext After body shall be exposed publicly during eight days; after which it sball be Burnt’ and ite ashes cast into the air. Given in the Camp of Punta Arena, Deo. 13, 1851. | There were from four to five hundred horses going forward to Callao, for the Peruvian government, by the Gastillian and an English rossel, supposed to be for the Peruvian coalition with Flores, in the Guya- quil movement. Coronel coal was attracting much attention in Valparaiso, 1,500 tons having been lately purchased for the English coast steamers. This coal oomes from Coronel, thirty miles to the south of Talcahu- ano, and bids fair to take the place of English or eS oat on ge coast. ‘ sara ag 6 telegraph was progressing rapidly, tho wires being Pastis nearly one-third of the distance to Santiago. As for tho railroad, if saereping is any criterion, it too is on the advance. # Wheelright, the father of all Yankoe onterprisd¥s in this country, was expected to go to Englaud, to negotiate a loan for the railroad. The Breakwater and Custom House stores, under the pushing Mr. Brown, were rapidly progressing, and, when finished, will add much to the appearance of our harbor. Several Americans had arrived at Valparaiso to establish themselves there; two of which, from Boston, were running up a regular California house on the levee, and propose opening a produce and commission business. Such enterprise surprises these people, and the editor of the Deineloal paper, rial written against the monthly line of Chile and California ots, which have been es- tablished during the past six months by a Yankeo kouse there, stated that the Chilians were going out and the Americans coming into that republic. {From the Valparaiso Reporter, April 9.] . e porter, April 9. This steamer has not PiouRRs us any new’ of Go- neral Flores’ expaulitns to Ecuador. The Comersio, of Lima, of the 13th of March, gives us some further details of General Flores’ rations. General Flores organized his expedition in Lima, Callao, cole Copiapo and Valparaiso. The fol- lowing vessels sailed from Callao:Brig ‘Almirante Blanco, bark Esperanza, and the steamer Chile— conveying about 300 men, forty pieces of field artil- lery, two canons, a great number of muskets, lanves, swords and pistols, 1,200 saddles, 1,000 complete acoutrements for soldiers, some barrels of gunpow- der, cartridges, balls of divers sizes, also victuals for the troops. Tho persons who havejoined him in Peru are Eng- lishmen, Frenchmen, Germans, Argentines, Chile refugees, and other citizens from different parts of South America. Those who have joined him in Cobija and Valpa- raiso, are Chilians suffering from the effects of the late revolution. The number of Chilians said to have embraced General Flores’ fate, amount to 500 men; so that tho whole force of the expedition con- sists in from $00 to 1,000 men. Flores expects much from his Chile soldiers, whom he calls his Swiss guards, and of whom he will form his pratorian uard, as he did before with the Venezolanos. He le takes 1,700 gold ounces with him. It is not known whether he takes beds and medicine chests; things he will very soon require, as before eight days after landing, four-fifths of his soldiers will be suffer- ing from diseases of which they will never recover. ‘he ministers of Ecuador and New Granada used all their influence to persuade the Peruvian govern- ment to impede the progress of these hostile prepa- rations, but without ofleet, On the night of the llth ult., Flores left for Callao, going on horseback, povompented by his staff, whose commander is Eu- ene Beauman de Metz. They wore their new uni- forms, and had previously sworn to their flag in the saloon of the American Hotel. They embarked on hoard the steamer Chile, which-sailed on the mom- ing of the 12th, without giving any notice. ‘The vessels which are preparing in Cobija will sail for Callao as a rendezvous; but where they are to join General Flores remains a secret which has not transpired. It is Sappones they have chosen for this purpose one of the deserted ports in the north. We have no news whatever of Ecuador's prepara- tions to resist this attack, nor of the effect it will probetly produce on the inhabitants of that repub- ic, An event of so much importance, taking place in the midst of a profound peace, quite overwhelms us with astonishment. We hope that Providence, which rules the destinies of nations, will prevent any disastrous consequences which might befall a peaceful ination through this unjustifiable and un- provoked attack. time, it must infringes this PERU. Nothing had occurred of importance to that ro- public. The commercial regulations had been pub- ished. A decree had been issued abolishing the old one, which obliged all merchants to use stamped pat er for the first page of their books. Government has issued a decree against General Flores’ expe- dition, dated the 11th of March, and stating that they, having received repeated informations of the warlike preparations taking place in Peru, ordered the prefects of the different provinces to take all possible means to pas astop to them. That govern- ment will not afford protection to any Peruvian citizen who should embark on this expedition, or take any part in it. Also, that all Peruvian vessels which GTia jpn in the expedition would no longer be considered as bearing the national flag. COPIAPO. The election of representatives in Congress passed without much excitement, and the conservative party won the day. On the 24th ult., a gang of robbers attacked one of the settlements, and sacked the shop. The same occurred further up in the valley. The director of the establishment sum- moned as many men as he could to join him, and pursued the party of robbers, consisting of about twenty-six persons. These divided themselves into small parties, which took different directions, so that it was impossible to seize them all; but five were taken—amongst them the leader of the gang—and bas! were conveyed to the prison of Copiapo. , The mines continue prosperous. A complete sta- tistical statement of the province of Copiapo is now in preparation. An electric telegraph isabout to be established from Caldera to Copiapo, and thence to Chanarcillo—a work of much importance and gene- ral utility. Notwithstanding the almost fabulous riches of the Copiapo mines, commerce still feels the effect of the late disturbances. Money is scarce, and little acti- vity is displayed in commercial transactions. Credit is not ys re-established, and the sales by retail are difficult. The quay in Caldera is almost finished, and vessels will soon be enabled te load and discharge by its side. It will decidedly be the most handsome work of this kind to be found on the Pacific coast. c CoQuIMEO. __ Tranquillity and public confidence are daily gain- ing ground in this province, and everything is ina Pisce condition. Forty political prisoners are being tried in Coquimbo, amongst them the cele- brated lieutenant of the Valdivia, who precipitated the revolutionary movement of the 7th of Septem- ber; also the clergyman Don Joaquin Vera. The elections passed peaceably. The copper mines of pee a are ina flourishing condition. Copper is selling at present at 15 dollars 2 rls. BOLIVIA. We have received from Bolivia advices of the 29th of March. The press contains no interesting politi- cal news, and publishes only translations from Eu- ye pers. he President, Belzee, hadissued a decree for the regulations to be given to the civil and ecclesiastic functionaries, en a milita: lan. The Celaje, of Potosi, relates the defeat of Colonel Alvarez, at Tucuman, and the death of that chief, with his two officers, Mr. Guerra and Villagra. Markets. Varanaiso, April 10, 1852. Since our last publication we have enjoyed nearly the sume activity in trade which we then mentioned, with the exception of the demand for Mendoza which has ceased, ay, owing to the advanced season. Other export trade also been trifling.but for home consump- tion there still continues fair business done without any alteration in the rate of prices, Our winter demand is likely to be good, dealers in the interior not having heavy stocks. The present season (Easter) is always a. dull one for business, and more so than usual, owing to theelection for members of Congress, which always ab- sorbs public attention, and probably but for these causes even more activity in trade might have been expected. The election having now ended peaceably and quietly throughout the country, there is every prospect of a con- tinued prosperity in all branches of commerce. In somo of the provinces losses are oe mr of through back- ward payménts, owing to the late revolution, but they are much fewer than could be expected, and the effects of that unfortunate outbreak may be fairly said to have died away. The only arrival from the United Kingdom has been the Cherokee,from Glasgow, with a cargo amounting to $14,000, but part of this consists of iron work for a wharf or mole in Caldera. reducing the importation to a trifling amount, Also a small cargo from Bordeaux and the Kacine, from Havre have arrived. and the Pala- din brings a cargo from Canton, which latter has been disposed of at prices supposed to be at previous rates, ‘The principal articles at present short in the market are American domestics 28 to 37 inches, and Brazil wood, of which latter article there is no stockin the market, and cargo arrived has passed on, The mining interest in the north is extremely prosperous, every succeeding steamer brings news of greater riches in the silver mines. and in cops ner an almost unlimited production ix alone curtailed by whands. The agricultural part of the country continu: also in wsatisfactory condition; the whole existing s ‘fflour that was in first hands, the agents of the mille 4 Concepcion, has been sold, 32.000 quintals at $6 and $.000 gquintals in smaller parcels at Inconse- quence of this speculation which has been entered into by wheat holders, in order to uphold the price of that auticle, flourin 81 is quoted and has been $7 2to $7 4, at wi only 3.000 to 4.000. q are offering. & kept with the ohje obtain wintains a dispre nillers from as they otherwise would Jueing the production of | fh ,ulthough a greater breadth of which prevei Hine lone f Che orop of wiv cargoes hand in our last report, (the Ripley,) has been sold, in Panama at $36 ; and another cargo at $19, placed in Iquique; $17 to $18 would be readily paid for cargo afieat,on the spot. A very favorable report has been made by the commanding officer, and the engi of the government steamer Cazador, of a nati posit of this article in the south—a report of which we givein another part of our columns, hoping, that with the grow- ing importance of steam communication on tae coast, large quantitics and good descriptions of this useful fuel may be obtained from this country, making it indepen- dent of foreign supply. The silver t by the steamer Nueva Granada, amounting to 7,000 marks, has been readily bought up at $10 2, principally for China, and the next remittance is expected to be very large. Saltpetre has been sold at 17 at which price 24,000 quintals have been disposed of for England, The article is firm at that price, but its value will depend on the rate of freights, Sugar is looking up, and will no doubt take 8 considerable start.ere long, unless supplies come in more largely than thero is reason to expect. Of late, the arrivals have been very limited of all kinds, and inthe course month or two, if this continues, not a pound will be left in first hands, In the winter season. no doubt, advices from California will be such as to induce ship- ments from this to that quarter, which in itself is suffi cient recurity for the maintenance of last prices, even should the supplies be much in excess of our expocta- tions. Copper is selling at $162 on board, at which price several sales have been effected. The principal auc- tion sales since our last. consisted of damaged gray American, which, considering the damage, brought & tolerable price. The British ‘k Thistle, 614 tons, was sold by auction at $2,600, and 120 tons of Peruvian guano realized $228 rls. on board. Freighta.—Though the ton- nage in the bay has decreased considerably, twenty-two vessels having sailed, and more expected to sail, there is no demand for shipping to England, and until thedemand for shipments from the Chincha Island commences, no- thing can be expected. In the abrence of that demand, Brit: fr Nted in this bay must necessarily increase. The Mary loots and the Charles Brownell have been taken up for the 24.000 quintals of saltpetre of which we epeak above. at £25 in full, to load at Iquique. The Libra has been chartered for guano for London, to call for orders between Ostend and Hamburg, at libs. est. 215 in full. A few cargoes of Costa Rica coffee are offer- ing for England, but no charters closed as yet. The only cargoes offering for California are for barley, at $10 to $12 on freights to the continent. Excuaxcr.—Bills on London, 4534. sixty days’ sight; hard dollars, no transactions ; silver, $102, bought up; oopper on board, $162; gold above by 11; bills on the United States, 6 per cent. IMPORTANT DOCUMENTS. THE CASE OF MR. J. 8. THRASHER. Hon. Daniel Webster Complete. BIPORTANT INTERNATIONAL QUESTION, bier, Sion, Se, Mapnip, March 22, 1852. Jas. Gorvon Bennett, Esq. Str— Bnclosed I hand you copies of lotters I have addressed to Gen. Concha and to Mr.Webster, on the subject of domiciliations of American citizons in Guba. I have only dealt with facts in those com- munications, leaving to abler and better pens tho developing of the great principles and the points of international law, which the question involves. The subject is one of importance, not only for its ewn individual merits, but also for its bearing upon the position of our citizens in all foreign countries. Trade or pleasure take our countrymen to all parts ef the world, and althoughI am not an advocate for a system ef bullying foreign powers, I would bo glad to see, and so I believe would every American, a new policy instituted by our general governmont in regard to the interests and protection of our citi- zens abroad. We have too long acted upon the principles that every one treats us with the same serupulous regard to justice, with which we treat them. Had we acted with a somewhat different policy, porhaps a war with Mexico, or an expedition to Japan, might have been avoided. I have the henor to be, Your obedient sorvant, = J. S. Turasner. To General Concha. Maprip, March 22d, 1852. To His ExceLLency Don Josk DE LA ConcHa, @aprain-GENERAL, &c., &c., &c., OF CUBA: Sm—tThe circumstance of your Excellency hay- ing presented, in a communication to Don A. Cal- deron de la Barca, Spanish Minister at Washington, under date of the 28th of November last, an appa- rent refutation to the argument contained in my appeal from the dungzons of the Punta to the go- vernment of the United States, and to my fellow eountrymen, places me under the necessity of re- plying to your Excellency, not only for the purpose of sustaining the truth of my propositions, but also that I may contribute my humble, but most earnest, efforts to the protection of those of my countrymen resident in Cuba, from the indignities and ruin so ruthlessly heaped upon me. As usual, with the advocates of a weak cause, your Excellency very judiciously avoids the chief point at issue, and dexterously proceeds to envelope the ment in a mass of extraneous matter, and involve, in the presumptive guilt of an individual, an insidious attack upon a great principle. Before proceeding to a mature consideration of the true question, your Exeellency will allow me to make a few preliminary observations upon your communi- eation Foryour very candid acknowledgement that the in- habitants of Cuba are treated with precisely the same kind and quality of justice that was so liber- ally meted out to me, Cuba, not I, owes you many thanks. It only needed the written confession of the first authority of the Island to demonstrate con- elusively to the world the true character of the overnment of that unhappy country, and this your axcellency has generously accorded. To the sons of Cuba I'leave the task of adequately thanking your Excellency. : There are several statements in your Excellency’s eommunication which I believe are erroneous. Your Excellency states—‘‘He (Mr. Thrasher) se- lected, of his own free will, whichever officer of the army ho preferred to conduct his defence.” A’ more correct statement of this point is as fol- lows :— While I was still in solitary confinement, and denied all communication with a4 friends, the ficeal or prosecuting attorney presented me a list of some forty or fifty names, telling me they were those ef the officers of the army who would be allowed to appear in my defence. 1 knew no one of them, and have since learned they are all subordinate officers, (1 think second lieutenants,) and being denied ac- eess to legal counsel, I, through ignorance, selected the first upon which my eye rested. Subsequently I learned I should have declined to select. YourExcellency states—‘‘The latter (my defender) had access to the proceedings whenever he deemed it neceseary.”” 3 ” During the very short interview with which this entleman favored me on the morning I was yught into court, I understood him to say that he had received the process the day previous, and was peremptorily ordered to return the same within twenty-four hours; that he had been occupied even during the whole night reading it. Your Excellency states—“*He (my defender) con- ferred with his client ” ‘ The only conference I ever had with the gentle- man was about eight o’clock on the morning of the day I was brought up for sentence, and which lasted not more than ten minutes. During the interview he informed me he had only received the process the day previous; that he had been occupied ever since, even during the whole night, reading it, in order to gain some idea of the case; that he had to return it within au hour; and that at ten o'clock I was to be brought up for sentence. The only other occasion on eich Il saw the gentleman was in court, where, when I asserted I had been in no way consulted in rogard to my defence, upon inquiry by the court, he hesitated, stammered, and finally acknowledged the trath of my assertion. I have been told the Presi- dent of the tribunal subsequently assured him he had pursued a perfectly proper course in the mat- ter. Your E read a large manuseript of defence.” 1 was not present in court when the defence was read, as I should have been during the reading of both the process and the defence, in strict accord- ance with the rules of the Court; but my friends afterwards told me that it was very short, and amounted merely to, “ that he eould find in the pro- goss no proofs against me, and that he thought that I should only be sent out of the country.” Yo leney states—"' The trial Thra: '# case was witnessed by himself, by the Gonsul of the United States, and by an immense con- sourse of people, who bear unanimous witness to the scrupulous exactness with which all the forms wero observed, as well as to the freedom and amplitude of defence granted to the accused, and to the mildness of the punishment imposed, considering the nature of his crime.” ( first difference in this series of statements, which I cannot well separate, tay consist in the de- eellency states—‘‘ He (my defender) , of Mr. finition of the word “trial.” I do not understand @ trial to bo a hurried reading of the process and de- and the pronounoing of the sentence. Your Bxoollency may entortain tho contrary opinion; and if your Exoolleney is right, you do pnt f orr in stati that the “trial” was witnossed by the Consul o} the United States, and by an immense concourse of poorle. But you are in manifest orror in stating that ‘was present 1 was brought into court after the process and the defence beon read, although I am assured by eminont counsel, that, to confer legality upon the proceedings, I should have been nn! As to the “unanimous witness,” &c., all of those that wero present whom I have seen, including the Consul of the United States, assured mo directly the reverse of your Excellency’s statement. In regard to the freedom’ of my defence, your Excellency seems to forget one small fact; allow me to recall it to your mind:—On the afternoon of the day previous to my being brought up for sen- tonoe, I drew up, in my dungeon, a protest against my being sentenced without bei allowed de- fence. This I directed to your Excollency, and for- warded it through the Consul. Your Excellency “ regretted the mistake”’—** it should have been di- rected to the President of the Military Commission.” Your Excellency * could not interfere with the at- tributes of the tribunal, and must decline to receive it.” It was, aecordingly, returned to me. Simulta- neously I sont a copy by anothor gentleman, di- rected to the President of the Military Commission. He, also, * regretted the error”—** it was an attri- bute of the Captain Goneral, who only could receive it;” ho “could not admit it,” &c. This, also, was returned tomo. Inthe dilemma which naturall; ensued, when I noxt day appeared in court with my duplicate rejoctod protest, I was informed by the President that ‘* purely from consideration for me, and as a particular favor,” the one addressed to the Court would be admitted and attached to the process. Therefore, my solemn protest against utter deprivation of defence exists upon record. As to the “amplitude of defence,” I leave tho determination of that to gentlemen practised in tho labors of the bar; merely romarking that but twenty-four hours wero allowed to examine 136 Gf mistake not) closely written feolscap pagos of testimony, taken ez porte, and to preparo its *‘amplitude.”” In regard to tho “mildness of the punishmont imposed, considering the naturo of his orimo,”” your ixcellency will allow me to remark, that eonsidor- ing no crime whatever was proved upon mo, the punishment of *‘ eight years’ labor, in chains,” ina Spanish prison, was not particularly ‘ mild.” Your Excellency states—*‘ It is true, that by this vory article,” (7th, Treaty 1795), ‘tho parties in- toxested are allowed to employ such advocates, so- licitors, notaries, agents, or factors, as thoy may judgo propor, and it may be that Mr. ‘Thrasher has inferred from those words that ho had a right to se- lect an advocate. But who is there so ignorant as not to know that these words have reference to such matters or suits at law in which such functionaries are required by the established course of proveod- ing. * * * But, whon the course of procooding usually pursued in such cases forbids the interven- tion of advocates, attorneys and notaries—and it is tho caso with the military commission in regard to tho crime of conspiracy over which it has jurisdie- tion—thoroisno selection, and no right to that effoot can possibly exist. The forms of proceoding in this court do, indeed, require the intervention of an officer to conduct the defence; the accused has a right to select one; and let Mr. Thrasher say whether, in the exercise of this right, he was not porfectly free.” Undoubtedly, I did infer, from the words of the treaty, that I had a right to select an advocate. And it would seem to me that in cases whore not only the fortune, but the life and honor of an ac- cused are at stake, with so much more reason should he have the necessary protection of a legal adviser. Allow me to assure your Excollency that I cannot appreciate the spirit of @ government that denies this right to an accused. I avail myself of your Excellency’s pormission, and frankly say I do not, under the circumstances, consider that I was per- fectly free in the selection of a defender. The “written opinion of the Royal Court of Judi- cature”’ I hold in all the respect it merits. The two well known characters of the fiscals, signers of that opinion, Olafieta and Olivares (the first so violentl, my personal enemy that he gave to your Excol- lency’s predecessor, the Count Alcoy, bis written opinion that 1 ‘ought not to be allowed evento sleep in a printing office;” the second one of the proprietors of my antagonistic journal (the Diario dela Marina), procludes the necessity of its con- sideration. Your Excellency states—‘‘The Military Com- mission has tried Mr. Thrasher for the crime of con- spiracy against the State;” and again, “Mr. Thrasher stood accused of conspiracy;” and further, “ having Deen tried and sentenced as a conspirator.” Perhaps your Excellency has not read the pro- ceedings in'my case, and the mistake may, there- fore, be not your Excellency’s, but that of your in- former. I can assure your Excellency that no such charge, vague as it is, appears therein, and if there is any such against me, I have yet to be arraigned upon it. Your Excellency asks—‘ Will Mr. Thrasher still say he cannot be charged with treason?” Your Excellency will excuse me from saying I can- pot be charged with treason. Your Excellency, or any one, can charge any man with treason. But I can mosttruthfully say that neither the proofs, nor my own conscience, have ever yet convicted me of trea- son. For the very important character of ‘‘an indivi dual who has been for a long time branded by pub- lie opinion as the instigator and promoter of con- spiracies, for the purpose of overthrowing the order of things, and for being connected with all those that ero disaffected toward the government,” which your Excellency is pleased to confer upon me in the last paragraph of your communication, I tender you, and beg you to accept my most unfeigned ibanks. I will now proceed to’ substantiate my previous argument. The treaty of 1795, betwoon the governments of the United States and Spain, in its seventh article, expressly stipulates—* And ‘in all cases of seizure, detention, or arrests for debts contracted, or offences committed by any citizen, or subject, of one party, within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceeding in such cases. The citizens and sub- jects of both parties shall be allowed to employ such advocates, so agents, and fi tors, as they may judge proper in. all their affairs, and in all their trials at law, in which they may be concerned, before the tribunals of the other party. ‘And such agents shall have free access to he pri at the proceedings in such causes, and at the taking of all examinations and evidence, which may be exhibited in said trials.” Several decisions have been made in the courts of the United States as to the obligation and con- struction of treaties, among which I submit to your Excellency the following: — “The obligation of a treaty, the supreme law of the land, must be admitted. — The execution of the contract between the two nations is to be demanded from the Executive of each nation, but where a treaty affects the rights of parties litigating in court, the treaty as much binds the rights, and is as much regarded by the Supreme Court, as an act of Congress.”--United States vs. schr. Peggy, 1 Cranch, 103; 1 Cond. Rep., « “4 treaty is, in its nature, a contract between two nations, not a legislative act. It does not ge- nerally effect of itself the object to be accomplished, especially so far asits operation is infra-territorial but it is carried into execution by the soverei; power of the respective parties to the instrument.” --Foster, et. al., Nelson; 2 Peters, 214; States vs. Arredondo, 6 Peters, 735. «By the stipulations of a treaty are to be under- stood its language and apparent intention mani- fested in the instrument, with a reference to the contracting parties, the subject matter, and the per- sons on whom it is to operate. ”’---United States vs Arredondo, et. al.; 6 Peters, 710. “<A treaty being the supreme law of the land, the treaty of peace of 1783 acted as a repeal of all State laws previously enacted inconsistent with its provi- sions.”—Ware vs. Hylton, 3 Dall., 199; 1 Cond. Rep. 99. “The stipulations in a treaty between the United States and a foreign power, Are paramount to the provisions of the constitution of a particular State of the confederacy.”—Lessee of Harry Gordon vs. Kerr, et al; 1 Wash. ¢. c. R. 822. ‘ “The adoption of a treaty with the stipulations of the provisions of a State law are inconsistent, lent to the repeal of such law.” —Lessee of Harnden; 1} Paine, ¢. e. R. 55. “Whenever a right grows out of or is protected by a treaty, it prevails against all laws or decisions of the courts of the States, and whoever may have the right, under the treaty, is protected.”"—Ware vs. Hyltson; 3. Dall. 199; 1 Cond. Rep. 99. “Whenever right grows out or is protected by treaty, it is sanctioned against all the laws and ju- dicial decisions of the States, and whoever may have ight is protected.”"—Owing vs. Norwood’s Les- seo; 5 Cranch, 344; 2 Cond. Rep. 275. Those decisions, I believe, your with the law of nations, bgt lay down to be equally ties. The Queen of Spain cannot, without consent of parties, abrogate treaties ccle- brated with other powers, and consequently neither the law of 1817 nor that of 1825 can set aside the stipulations of the treaty of 1795. To maintain the contrary would be conceding to the Spanish govern- ment authority to violate treaties, disregard natural rights and infringe the law of nations. In 1525 there was established in Cuba a perma- nent executive military commission, for the purpose of trying, among others, charges of treason. This tribunal, which at first consisted of officers appointed ad hoc, is now constituted with a president, an as- seseor, and several fiscals. One of those last insti- tutes and conducts the process; and when the presi- dent, in conjunction with the assessor, deems it ter: is equi Fisher vs. minated or suffisiontly advanced for j gman, tho court is constituted by calling in some of tho subal- tern officers of the garrison, acd aftor hearing the reading of the poe tho dofenoe of the ac- cused, sentence is pronounsod. In accordance with tho tt practice of the tribunal, this defence must be conducted by an officer of tho army, all rene counsel and notaries being prohibited in the court. Tho invariable method of procedure is sudden ar- rest, sdlitary confinement, with hibition of all communication, an arbitrary and on continuod in- torrogation of the party himself by tho proscoutin, attorney, (who possesses all the advantages of log: acumen and practice, to which are not unfroquontly added personal hatred or national antipathy, while the party himself is deprived of all benofit of coun- sol,) and tho final formation of the accusation or charges. The inauguration ef a permanent military com- mission in a country, is, of itself, a suspension of all law, a deprivation of the citizen of all rights; and if Spain aul other nations have resorted to this ex- treme measure in time of great public dangor, whon the danger has passed— when commotion has ceased —when profound peace is restored, the necessity of resorting to such violent measures ceases to iat, ifnot for all, at least for those appertaining to another country, whose rights are proteo! b; treaty stipulations, and who inay find, in their fol. low citizens, such protection as they havo a right to expect. Indeed, the mind of man can hardly con- template tho continued existence of circumstances of public danger which shall render necessary @ thirty years session of a military commission. In 1795, when the existing treaty waa ratified, tho military commission in Cuba, a8 a permanent tribunal, did not exist. It was instituted thirt; years afterwards; and in stipulating that the trials and suits of the citizens of either country shall bo mado and prosecuted by ‘ order and authority of law only,” it certainly nover was contemplated that, in oither country, citizons of the othor would, in time of peace, be subjected to the decision of a court-martial, without defence, for a constructive orime. Lot us suppose, for instance, that with the samo authority under which the Spanish government has pemeenny instituted tho military commission in uba, giving it cognizance in all charges of treason, and depriving the acoused of logal defonco, it were to introduce tho Wickes of torture in those trials, could your Excolloncy apply this also to Amorican citizens, under the pretext that it was a goneral w, and that you were procooding in accordance with the statute? Would an Amerioan Secretary of State be expected to acquicaco in this 4 and to endorse your proceeeaee becauso you a within the law? And yet, in how little doos the presont practice of the military commission of Cuba fall short of torture? That the treaty embraces only civil and not crimi- nal suits is a great error. In these last are in- volved not only the fortune but the life and honor of the citizen. Can your Excellency suppose that an American cabinet will abandon such holy rights to the absolute will of a government that, in timo of profound repose, thrusts its own subjecta out of the pale of the law, and holds in such light esteem those of friendly nations? The pretext that in order to avoid subterfuge and dolay, it is necessary to exclude legal counsel ia trials for treason, hardly morits tho honor of a refu- tation. Do tho laws and tribunals of Spain morit 30 little confidence, that you must resort to the estab- lishment of a military commission as the only secu- rity for trath and justice in legal proceedings? If such were really the caso, would it not be a botter course to change those laws, and appoint upright judges? On the second day of February last, an infamous attempt was mado, in this city, on the life of your Queen. On the seventh of tho same month the regi- cide had expiated his orime on the scaffold. Thero was no subterfuze here. In tke city of Havana, during your Excellency’s administration of tho government of Cuba, the case of a young man from Guatemala, named Garcia, was carried to its fatal termination with almost equal rapidity. There was no delay there. I might cite to your Excellency other examples; but these, I think, are sufficient to Gomonstrate that order and promptitude are not entirely incompatible with the ordinary tribunals of Spain. Mihese arguments, I'think, will’ be suffictont to de- monstrate to your Excellency the illegality of the military tribunals which claimed jurisdiction over me, and, through me, over all Americans resident in Cuba, without going iato a consideration of the utter violation of law and treaty, in dopriving mo of legal counsel—in denying me the process for examination and consultation—and in refusing, both on the part of the tribunal and of my defender, to admit legal argument and advice. I will, therefore, pass to the next point at issue. In 1817 tho law of domiciliation was promulgated in Cuba, by which strangers wishing to roside there were obliged to profess the Roman Catholic faith, and, by asolemn act, submit to the authorities, tribunals, and laws of the country, to the utter ex- clusion of all other allegiance and hts. Whether this Jaw conflicts with the spirit and tenor of the treaty of 1795 or not, I leave to the peice todetermine. I will merely remark that, ny the letter of domiciliation itself, the allegiance and the nek ilege are limited to the term of five ars; and that Cuba has, since the celebration of the treaty, thrice held the position of an integral part of the Spanish empire, with representation in the Cortes, and thrice has been reduced to the con- dition of a colony. Let others more versed than I uum in polls luw determine in how far‘an allegiance, limited in term, can be complete; and in what man- ner these political changes can affect rights under the treaty. It isto be observed that this law of domici tion, neither in its first institut nor inuch less since, has been in complete observance in Cuba. Besides having parsnitted, for a long series of years, the continued residence of foreigners possessing neither of the requisite qualifications of naturaliza- tion and profession of faith, all the steps in the taking out of a domiciliatory letter are looked upon as mere forms. To such a degree is this true, that any one who does not wish to take the trouble necessary for pro- curing the letter of domiciliation, applies, in Ha- vana, to an agent, or runner, who draws up the me morial, which, at times, even is not signed by the actual party, and who proceeds to take all the steps requisite for obtaining the document. For this he reecives a compensation in addition to the excessive fees charged in the government offices, and, from the mutual understanding existing between these agents and the officials, the delay and difficulties are much less for one who obtains the letter throagh an agent than for one who applies directly to the government. ‘Yhus all, or nearly all, who are necessitated to ob- tain this document, avail themselves of these agents, without in hemselves of the steps taken, nor of the obligations which the act involves. The go- vernment also, considering the matter a mere form, tukes no measures to blish the identity of the | party, nor the authenticity of the signature, nor gives to the act that solemnity which so important a matter as a change of allegiance, submitting to new and unknown. laws, and perhaps an_abandon- ment of religious faith, would seem to render proper. Under these circumstances, the law obligatory to take out a letter of domiciliation has become little more nor less than a concession of fees, over and e those of the govermnent, to certain industrial hangers on about the palac The letter cf domiciliation is limited in its dura- tion to five years, on the expiration of which, the party is therein supposed to be under the obligation to leave the country, or to take out letters of natu- ralization, which shall perfect his allegiance to the crown of Spain. Within two years of its date the party is stated to be obligated to prove bis adhesion to the Roman Catholic faith. The fulfilment of neither of these obligations has | ever been demanded by the government. Many | persons are now eee residing in Cuba under their original letter of domiciliation, taken out twenty, and even thirty years since, who consider themselves as fully, and all intents and purposes, as truly Americans or Englishmen, and as good Protestants, as when they first left their own land. Above all it is necessary to note, however great | may be the consequences your Excellency may wish to deduce from the position that, by taking out let- ters of domiciliation, parties incur allegiance to the crown of Spain, they never can be sufficient to make criminal or treasonable, what in strict fact is neither treason nor crime @ Perhaps in the native born Spaniard you may, if you choose, deem it treasonable to make eompari- sons between his own government and those of other nations—between the happiness of the people of other countries and of his own. But even if it js a crime to make these comparisons—if it is a crime to desire amebioration, but without desire to excite disturbances, it is evident that in those whe are not Spanish subjects, who have not completed the act of naturalization, who have not compacted with the government to applaud and venerate Span- ish institutions, however Vicious they may be, such comparisons and such aspirations canxot be crimi- nal, eannot be adjudged treason. The argument that Iam going too far, in claim- ing for foreigners privileges which you deny to your own subjects, is not tenable. It has always been eharacteristic of weak and tyrannical governments to entertain a higher and more scrupulous regard for the rights of foreign subjects than for those of their own; and both the spirit of the law, and the prac- tice of the tribunals of Spain, demonstrate this. Finally, the Court of Spain, in my own case, has never for a moment taken the ground assumed by your Excellency and the military tribunal whic! condemned me, unheard, to the galleys. Frem the first moment tht the matter was brought to its notice, it recognized mo as an American citizen. I trust that to any candid and unprojudioed mind, the arguments I have produced, and the reflections Thave set forth, will be sufficient to demonstrate that a letter of domiciliation in Cuba hag not mado me, nor any American, a Spanish subject; and that a military commisgign is not, waders ang circum: atances a > aot ad these arguments ty io not advance » nor with any view to my own antago. hey oso now do me little good. I havo consulted some ef tho most eminent legdl authorities here, in your Excellency’s own country, and Ser. sustain my positions. If they have any effect the unscrupulous government of Cuba from fature outrages upon the fortunes, liberties, and lives of my follow countrymen thoro resident, if they save one American from the suffering and ruin that hag been so moroileasly hoaped upon me, my object will have beon obtained, and my reward oxceed my whe Piper Casizee, : in ave the honor to ‘our Exxcellonoy’s very humble servant 2 7 Tastee To Mr. Webster. Mapuip, March 22, 1892. Hon. Danrer, WensTer, SEORETARY OF STATE FOR, vx Unrrep States OF AMERICA :— Sin—In your despatch of Doo. 13 laat, to the Hon. Dr. M. Barringer, United States Minister te Spain, as publishod in the New Youre Hema.p, you aro led into one or two errors, which I beg leave to correct. You say—‘‘It is much to be rogretted that Mr. Thrasher has made no communication whatever te thia department respecting the circumstances of hig case, 80 a8 to enable us to soe what are the precise grounds of his complaint.” I was arrested at Havana, on tho 16th day of Oe tober. For tho first five days my arrest was morolg an honorable detention, but no sooner had the senai- monthly steamors left for the United States, than £ was thrown into a dungeon of the prison, and thonoo transferred to ono in the Punta Castle, Fee sixteen days, or until after the next semi-monthiy departure of the steamers, I was kept in strieé solitary confinement, with utter doprivation of communication with tho world. During this tii it was impoasible for me to transmit any informa- tion to the departmont. When I was allowed to seo my friends, Mr. Owom, the American Consul, but lately appointed by the existing administration, came to seo mo, and as- sured me that he had laid my case fully before the Department of State at Washington. During the time intervening between this and my subsequent embarkation for Ceuta, Mr. Owenoccasionally called at the fortress to see me, and continually expressed his great surprise that no communication had come from the Department of State in regard to my cages always assuring mo that not only the communicoa- tions | made to him, but several that had beom made in my behalf’ by my friends, had all been transmitted to the government of the United States. Under these circumstances I judged it suj uous to make a direct communication to the dopartimont, asIcould add nothing to the information already before it. You say—“If the official account of tho Spaniate authoritics bo correct, Mr. Thrasher appoars to have exputriated himself, and to havo become becomes at least for a timo, a subject of the crown of Spain. The authorities neglected to inform you that om the 8th of September, 1850, in a communication to the Captain General of Cuba, [ expressly and une- quivocally refused to take out lotters of naturaliza— tion, and thus becomoa subjoct of the orown o€ Spain. I embraco the present opportunity to tranamit te you a copy of a lettor addressed by mo to General Concha, upon the subject of domiciliation in Cuba, and the trial of American citizens by the permanent military commission of that country. Tsubmit to you with much diffidence the arge- ments it contains, and not as my own views only, but as those of somo of the first legal attainments in Spain. Whether you will find them of sufficient weight to induce you to modify any of the opinions expressed in your letter of the 23d of December last to the President, I know not, but it is to be hoped they may have some weight with the prosent rulers of Cuba. The world now knows what an extorted and un- warranted interpretation was given by the Spaniel government, both hero and in Cuba, to the unfor- tunate wording of the Prosidential proclamations, inregard to expeditions, and you are well aware of the extraordinary pretensions that have since beem made by the Spanish Ministers, in relation to the right of capture on the high seas, (wide Contoy) and in subsequent nee that havo since beea auscitated between the two governments. These facts, and tho known disposition of the gov- ernment of Cuba towards Amorican citizens in gene- rul, lead me to anticipate the most disastrous con- sequences from the unwarrantable interpretation #% ¢ to your letter. f the government of Cuba was one administered ia accordance with statute and justice—if tho law were respected by its ministers—or even if the oxecutive poweneien , absolute as it is,were guided in its action by any fixed principles—I am well aware there is no- thing’ in that letter which would endanger the per- son or the property of a single American citizen. But while such is not the case—while not only ex- isting laws are disregarded, but new ones aro con- tinually** decreed” by the arbitrary will of one man, as circumstances may seem to him to require—while the ministers of justice and the administrators of executive power seem animated solely by one idea, that a war of races exists—what interpretations and what action therein may we not dread t To prove to you that-I do not speak from per- sonal feeling alone, I will cite a well known fact in the history of that same permanent executive mili- ich claims jurisdiction over all Americans in € [ will only premise that im 1778 torture was declared by Charles III. to be ‘barbarous and infamous,” and was expressly pro- hibited in Spanish tribunals; and that when the ion fell before the decree of the famous Cortes, of Cadiz, in 1812, that last relic of the bar- barous ages disappeared, even from the ecclesiasti- cn] tribunals of Spain. In 1844-5, in the trials during the execrated in- vention of a ‘* black conspiracy,” hundreds of ne- groes died under the lash, tied to ladders, by ordee ‘the permanent executive military commission, in conscquence of confessions thus extorted, hundreds of others were sent to. the prosidios and mines of Spain, (to the Presidio of Seville alone were sent over 450). Large numbers were executed, and how many died in prison or immediately after their liberation, can never be known. There were not wanting both American and English victims ia this iniquitous affair. Many engineers, and even roprietors were arrested, not a few of whom died ring imprisonment, or il lige! Uh of the suffer- ings they there experiem The sequel is instructive. Pedro Salazar, the tool, fiseal of the military commssion, followed hia victims, condemned to the Presidio of Seville. Leo- poldo O'Donnell, the master spirit, Captain-General of Cuba, retired to Spain with something more than one ion of dollars, the fruit of three years’ loyal istration of the government. Shall we abandon our countrymen to the tonder mercies of such a tribunal and such a government? \ have the honor to be your very humble servant, J TuHRAsuER. Important from the ‘Spanish Penal Settlement. oape of Major Schlessinger and Three Other Cuban Prisoners. THEIR SAFE ARRIVAL AT GIBRALTAR. 10 THE EDITOR OF THE NEW YORK HERALD. LiverProot, May 5, 1852. My Dear Sir:— Will you please to insert in your estimable journal the following lines On the 24th ult., after having tried, for a month, the most aasiduous intrigues, the Cubans, D. Alejo Yonaga Miranda, D. Ignacio Belan Perez, D. Juaa O’Bourke, and the Hungarian Major Don Louis Schlessinger, made a mriraculous escape from the fortress of Ceuta, Afriea. They were condemned and sent to that fortress for the late political event which happened in the island of Cuba, and they sacceeded, in spite of the incessant vigilance of their guards, in obtaining theirs liberty. They happily ar- rived at Gibraltar, whence they departed for Liver~ pool, on board the steamer Genova, where they arrived on the 3d instant. They are prepar- ing to leave this city and go to tho United States, where the sympathy of many Americam hearts and levers of liberty are waiting their arri- val. Receive, Sir, &c., ANTONIO DARENDA. Additionally to the above, we find the following paragraph in the Liverpool @ourier, of the Sth inst. :— The steamship Genove, Capt. H. R. Cumming, arrived here on Monday afternoon, from Naple: Leghorn, Genoa, Marseilles, and Gibraltar, (six and Fe can from the psa me je 6 :—Colonel 4 ia Me SuamO-tbbarna We, J.B Pore, Mr 1 Soble einger, and others. Ale eine News prom Nicaraova.—Advices from Rei oh, aro received. On the 15thr tee reomment lanted ay oct Prohibiting the export of corn, owing te the unusual number of locusts that bave lately appeared in that section of tho country, which have neatly dostzoyed the entire gror of this sqasga.