The New York Herald Newspaper, May 18, 1852, Page 5

< "VERY LATE FROM 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 AMERIQA. THE SOUTH PACIFIC, MARKETS, &o., &e., &o. The English steamship Quito arrived at Panama on the Ist inst., from Valparaiso, whence she sailed on the 10th ult. As she did not call at Guayaquil, wo have received no further news of the Flores ox- pedition. The markets were improving, and prices of mor- chandise generally, 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 saltpetro,’at £2 5s., and the Libra, for guano, at £2 15s. The Chile government had agreed to take $2,000,000 stock in the Santiago railroad. Cambiase, 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 charactor, ecarcely comprehensible to the mind. The accused were ten in number; but only seven ‘were sentenced todeath. Belonging to the 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 tho 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 bottle of brandy given him by Captain Salas, prisoner of Cambiaso’s; of having made his followers swear 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 pO the colony, leaving from forty to fifty mon abandoned in Pert Solana, where they would inevi- tably have died of hunger had they not beon 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, Ariste: 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, onthe 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 better cause. Ifit 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 selt- ion, 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 appearance did not reflect the bloody laws of his penal code. His forehead was open, his complexion fair, his hair dark and profuse e had a fine aquiline nose, and red lips, adorned with an es moustache. His face was almost co- vered with beard. 2 His stature was of the middle size, and more thin than stout. But his eyes revealed the secrets of his heart, and told what mature 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- lesa by his eyelashes, from underneath which he cast covert and piercing glances, like those of a bird of rey. He appeared fearful of fixing his gaze, lest @ should reveal his secret thoughts. We publish Cambiaso’s penal code. Its atrocity “gs such that it gives the whole transaction a savage character, which may perhaps interest our readers Miuitary Crimes anp Tnein Corresroxping Pustsit MENTS. Ant. 1.—Every inferior who speaks disrespectfully of his superior officer hull be immediately shot, Ant. 2—Every inferior who shall raise his hand vgainst his superior officer shall be immediately hung. ‘Ant. 3,—Ifan inferior strikes his superior officer, with: or without arms_ he shall be burnt alive. Ant. 4—He who should be a traitor to the flag we have sworn to, shall be cut to pieces, alive. and after- wards burnt. ‘Ant. 5.—He who is guilty of perjury, incurs the same punishment ‘Ant, 6.—Ile who communicates with the enemy, incurs the same punishment, ‘Ant, 7.—He who speaks against the service, incurs the same punishment. ‘Ant, 8.--Ronneny.—He who steals any object, money, or any article whatever, shall be hung. ‘Ant. 9—Want oF Puxcrvatrry.—If any person in the military 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. Arr, 10.—Cowarpice.—Kvery 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. Arr, 11.—If any traitor be seized, his tongue shall be eut, it being the instrument of his falsehood. He shail be burnt with a red hot iron, and he shall afterwards suf- fer the punishments he has incurred, according to articles 5th and 6th. Ant. 12 —Sentinels found asleep at their posts, shall be immediately hung. they being the only persons respon- sible for said post's security. Therefore, the set ta are requested to visit the posts every ten minutes, for the observation of this article. ‘Ant. 13.—He who in battle gives quarter to an enemy, out of pity or any other eonsideration, shall be imme- diately rhot Ant. 14—The officer, sergeant, or soldier, who is not vigilant when on guard, shall be tried and shot. Ant. 15,—The infractor of any of these laws, if an offi- eer, shall be hung; ifa soldier, shot. Ant. 16.—Al tient 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 1m 80 doing, any powder, balls, or articles of war, shall be burnt alive. ‘Art. 18.—He who in battle, or on march, should throw away the cartridges given him, desirous of not injuring the enemy. or of relieving himself of their weight, shail be cut in pieces, alive, joint by joint, beginning, in pre- ference, With the fingers of the right hand, His remains sball afterwands 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 petson in the troops under my com- mand, sells any article with usury, he shall receive 100 lashes. Arr, 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,—He who from this time forward, should lend money on gage. shall lose all right to the gage given him, losing also what he gave on it, and receiving 200 lashes in punishi@ent. Arr. 23.—The sentinel or advanced post, who, on see- ing the enemy approach, does not give the alarm, shall be eut in. pieces alive, considering that from his omission great dangers may arise Ant. 24.—The chief. officer, sergeant, or soldier, who should not defend his post unto death. shall be burnt alive; no excuse to be admitted on account of the greater force af the enemy. the bad state of the armament, or any- thing else tending to cover |i wardice, Ant, 2.—Any officer ordered to asamult a post, shall take it or lose his life in the att he returns 0 in theattempt, ni successful, although he loxe all his soldie he shall be immediately shot ‘Aur. 26.—If any sentinel give the gui vive, and does not receive in answer “ General Cruz,” he shall immediately fire at the person interrogated Ant, 27 —This government, desirous that evory vidual should preserve his money, and employ it for ful objects, prohibits all kinds of hazardous games; and in an editorial written Mong lanseastod te in onder to while away time, it must be i <anens interest. He who infringes this article upg. Ant, 28.—An ounce of, shall be to who gives information pet egies stt ye Niet baw Given in the Camp of Punta Arena, Dec. 13, 1851. There were from four to five hundred horses going forward to Callao, for the Peruvian government, by the Gastillian and an English vossol, supposed to bo for the Peruvian coalition with Flores, in the Guya- quil movement. Coronel coal was Leet | much attention in Valparaiso, 1,500 tons having been lately purchased for the English coast steamers. This coal comes from Coronel, thirty miles to the south of Talcahu- ano, and bids fair to take the place of English or Sidney coal on this coast. rapidly, the wires of t] The telegraph was progressin, bein, already: : “ he distance to 17 ay up nearly one-thi Santiago. As for the railroad, if eres is any criterion, it too is on the advan heelright, the father of all Yankee ontorpriaies 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 opening a produce and commission business. Such enterprise surprises these people, and the editor of the principal papers inst the monthly line of Chile and California packets, which have been es- tablished during the past six months by a Yankee house there, stated that the Chilians were going out and the Americans coming into that republic. [From th Valparaiso Reporte April 9.) e wr, April 9. This steamer has not brought us any nows of Ge- neral Flores’ expedition to Ecuador. The Comersio, of Lima, of the 13th of March, gives us some further details of General Flores’ preparations. General Flores organized his expedition in Lima, Callao, Cobija, 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, lances, 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. The persons who have joined him in Peru are Eng- lishmen, Frenchmen, Germans, Argentinos, 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 offects of the late revolution. The number of Chilians said to have embraced General Flores’ fate, amount to 500 men; so that the whole force of the expedition con- sists in from 800 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 e 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 effect. On the night of the 1ith ult., Flores left for Callao, going on horseback, accompanied 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 morn- 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 sippased they have chosen for this purpose one of the deserted ports in the vorth. We have no news whatever of Ecuador’s prepara- tions to resist this attack, nor of the effect it will probably 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 jnation through this unjustifiable and un- provoked attack. PERU. Nothing had occurred of importance to that ro- mublic. ‘The commercial regulations had been pub- ished. A decree had been issued abolishing the old one, which obliged all merchants to use stamped pene for the first page of their books. Government as 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 Fat a stop to them. That govern- ment will not afford protection to any Peruvian citizen who should embark on this expedition, or take any part init. Also, that all Peruvian vessels which engaged in the expedition would no longer be considered as bearing the national flag. COPrAPo. The election of representatives in Congress passed. without much excitement, and the conzervative 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 wae impossible to seize them all; but five were taken—amongst them the leader of the gang—and they 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 is about 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 sufficiently 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. coguiMBo. fs Tranquillity and public confidence are daily gain- ing ground in this province, and everything is in a pen condition. Forty politieal prisoners are peing 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 this Peogeaey 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- sir pers. he President, Belzee, had issued 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. Vatraratso, April 10, 1852. Since our last publication we have enjoyed nearly the same activity in trade which we then mentioned, with the exception of the demand for Mendoza which has ceased, peinoipaliy owing to the advanced season, (Other export trade has also been trifling but for home consump- tion there still continues a fair business done without any alteration in the rate of prices, Our winter demand is likely to be good, dealersin the interior not having heavy stocks, The present season (Easter) is always a dull one for business, and more so than usual, owing to the election 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 ‘@ con- tinue Prosperity in al branches of commerce, In somo of the provinces losses are complained 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 iias e Cherokee,from Gaegow, with a cargo amo .000, but part of this consists of iron wor! wharf or mole in Caldera. reducing the importation to a trifling amount. Also a small cargo from Bordeaux and the Racine, from Havre have arrived. and the Pala- din brings 2 cargo from Canton. which latter has been disposed of at prices suppoged 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 stock in 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 cop- ner an almost uniinited production is alone curtailed by want afhands. The ogricultural part of the country continues also in @ satisfactory condition; the whole existing stock of flour that was in'first hands, the agents of the millers oneepecion, has been sold, 32,000 quintals at $6 and 8.000 quintals in smaller parcels at $7, Incons quence of this speculation whieh has been entered into by wheat holders, in order to uphold the article. flour in Santiago 4 2to $7 4 at whi price of that quoted and has been sold at 3.000 to 4,000 quintale t with the object to > meanwhile, maintains a dispropor- nich prevents the millers from pur- so largely as they otherwi have therchy reducing the — produc flour the crop of wheat, although a greater breadth of (and tioles consumed promises to be very heavy ; and it will depend uy export demand of these articles, whether or no there is. notable deficioncy—one of the cargoes as on hand in our last report, (the Ripley,) has been sold, placed in Panama at ; and another cargo at $19, placed in Tquique; $17 to $18 would be readily paid for a cargo afieat,on the spot. A favorable report has been made by the commanding , and the engineers of the goversinent steamer Gesndor, cf @ native deposit 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 commut tion on tae coast, large quantities and good descriptions of this usoful fuel may be obtained from this country, making it indepen- dent of foreign supply. The silver brought by the steamer Nueva Granada, soomnne to 7,000 marks, has been reste bought up at $10 2, principally for China, and the next remittance is expected to be very large. Saltpetre has been sold at 17 ris., 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 a 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 in the course of a 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 suff cient security for the maintenance of last prices, even should the supplies be much in excess of our expocta- tions. Copper is sel 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 a tolerable price. The British bark Thistle, 614 tons, was sold by auction at $2,600, and 120 tons of Peruvian guano realized $228 rls, on board. Freights —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 the demand for shipments from the Chincha Island commences, no- bor can be expected. In the absence of that demand, British shipping in this bay must necessarily increase. The Mary Woods and the Charies Brownell have been taken up for the 24.000 quintals of saltpetre of which we speak 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. 215in 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. Excnance,—Bills on London, 4534. sixty days’ sight; dollars, no transactions ; silver, $102, bought up; Oopper on board, $162; gold above by 1‘; bills on the United States, 6 per cent. IMPORTANT DOCUMENTS. THE CASE OF MR. J. 8. THRASHER. The Letters to General Concha and the Hon. Daniel Webster Complete. BIPORTANT INTERNATIONAL QUESTION, bien, di0., Soe. Mapxip, March 22, 1852. Jas. Gorvon Bennett, Esq. Sir— Hnclosed I hand you copios of lotters I have addressed to Gen. Concha and to Mr. Webster, on the subject of domiciliations of Amerioan citizens 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 although I am not an advocate for a system ef bullying foreign powers, I would be 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 troat them. Had we acted with a somewhat different policy, perhaps a war with Mexico, or an expedition to Japan, might have been avoided. I have the honor to be, Your obedient sorvant, = J. S. THRasHER. To General Concha. Manprip, March 22d, 1852. To His ExceLLency Don Josk DE LA ConcHa, @arrain-GENERAL, &c., &c., &c., OF CUBA: Sm—The 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 dungsons 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 bas ercoes 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 argument 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 uestion, your Exeellency will allow me to make a few preliminary observations upon your communi- vation 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 Facellency has generously accorded. To the sons of Cuba Ileave the task of adequately thanking your Excellency. i 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 he 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 ay friends, the ficeal or prosecuting attorney presented me a list of some forty or fifty names, telling methey were those of 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 officera, (I 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. Your Excellency states—‘The latter (my defender) had access to the proceedings whenever he deemed it necessary.” : Z : During the very short interview with which this entleman favored me on the morning I was ught 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 wbich 1 saw the gentleman was in court, where, when I nsserted I had been in no way consulted in rogard to my defence, upon inquiry by the court, he hesitated, stammered, and finally acknowledged the truth 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- te Tr. Your Excellency states—He (my defender) read a large manuseript of defence.” I 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 could find in the pro- ecss no proofs against me, and that he thought that I should only be sent out of the country.” Your E lency states—'*The trial of Mr. Thrasher’s case was witnessed by himself, by the Gonsul of the United States, and by an immense con- eourse of people, who bear unanimous witness to the serupwlous exactness with which all the forms were 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.” Our first difference in this series of statements, which 1 cannot well separate, may consist in thy de- finition of the word “trial.” I do not understand @ trial to bo a hurried roading of the process and de- fence, and the pronounoing of the sentence, Your Exoollency may entertain the contrary opinion; and if your Exoellenoy is right, you do not err in stati that tho “trial” was witnessed by the Consul o' the United States, and by an immense concourse of prone, But you aro 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 eminent counsel, that, to confer legality upen the proceedings, I should have been nt As to the “unanimous witness,”’ &¢., all of those that wero present whom I have seen, including the Consul of the United States, assured mo directly the reverse of your Excelloncy’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- tence, I drow up, in my dungeon, a protest against my being sentenced without being allowed de- fence. This I directed to your Excellency, 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 tho at- tributos of the tribunal, and must decline to receive it.” It was, agcordingly, returned to me. Simulta- neously I sent a copy by anothor gentloman, di rected to the President of the Military Commission. He, also, “ regretted the error”—* it was an attri- bute of the Cuptain Goneral, who only could recotve it;” he ‘could not admit it,” &c. ‘This, also, was returned tome. Inthe dilomma which naturall: ensued, when I next day appeared in court wit! my duplicate rejected protest, I was informed by the President that ‘purely from considoration 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 doprivation of defence exists upon record. As to the ‘amplitude of defence,” I leave the determination of that to gentlemen practised in the labors of the bar; merely remarking that but twenty-four hours wero allowed to examine 136 (if I mistake not) closely written feolscap pagos of testimony, taken ex parte, and to prepare its “amplitude,” In regard to tho ‘mildness of the punishmont imposed, considering the naturo of his crime,” your Excellency 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 wxoalleny states—** It is true, that by this vory article,” (7th, Treaty 1795), ‘*the parties in- torested are allowed to employ such advocates, so- licitors, notaries, agents, or factors, as they may judge propor, and it may be that Mr. Thrasher has inferred fiom those words that ho had a right to so- lect an advocate. But who is there so ignorant as not to know that these words have roference to such matters or suits at law in which such functionaries are required by the established course of procend- ing. * *” But, when the course of procoeding usually pursued in such cases forbids tho 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 effect can possibly exist. The forms of Dronsoig in this court do, indeed, require the intervention of an officer to conduct the defence; the accused has a right to select ono; and let Mr. Thrasher say whether, in the exercise of this right, he was not porfeetly free.” Undoubtedly, I did infer, from the words of the treaty, that [had a right to select an advocate. And it would seem to me that in cases where 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 a government that denies this right to an accused. 1 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 violent); my personal enemy that he gave to your Excel- lency’s predecessor, the Count eee his written opinion that 1‘* ought not to be allowed even to 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 p lie opinion as the instigator and promoter of © spiracies, for the purpose of overthrowing the order of things, and for being connected with all those that aro disaffected toward the government,” which your Excellency is pleased to confer upon me in the fast paragraph of your communication, I tender you, and beg you to accept my most unfeigned thanks. I will now proceed to substantiate my previous argument. The treaty of 1795, betwoen 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, solicitors, notaries, 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 present at the proceedings in such causes, and at the taking of all examinations and evidence, which may be exhibited in said trials.” s al 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 followin; “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. sehr. Peggy, 1 Cranch, 16 ‘ond. Rep., 256. “<A 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 go far as its operation is infra-territorial; but it is carried into execution by the sovereign power of the respective parties to the instrument.” --Foster, et. al., vs. Nelson; 2 Peters, 214; tes vs. Arredondo, 6 Peters, 735. By the stipulations of a treaty are to be under- rent intention mani- a reference to the matter, and the per- United States vs stood its language and apy e sons on whom it is to operate. Arredondo, et. al.; 6 Peters, 710. 4 «A treaty being the supreme law of the land, the treaty of peace of 1783 acted as a repeal of all State laws pre ously enacted inconsistent with its provi- sions.”—Ware vs. Hylton, 3 Dall., 199; 1 Cond. Rep. 99. “The stipulations in a treaty between the United Statesand a foreign power, are paramount to the provisions of the constitution ef a particular State of the confederacy.” —Lessee of Harry Gordon vs. Kerr, et al; 1 Wash. c. c. R. 322, i “The adoption of a treaty with the stipulations of which the provisions of a State law are inconsistent, is equivalent to the repeal of such law.” —Lessee of ‘isher vs. Harnden; } 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 his right is protected.”"—Owing vs. Norwood’s Les- 5 Cranch, 344; 2 Cond. Rep. These decisions, I believe, your Excellency will find to be consistent with the law of nations, and the principles which they lay down to be equally binding on all parties. ‘he Queen of Spain cannot, without consent of parties, abrogate treaties ecle- 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 1825 there was established in Cuba a perma- nent executive military commission, for the purpose of trying, among others, charges of treason. This tethatials whieh at first consisted of officers appointed ad hoc, is now constituted with a president, an as- sessor, aud several fiscals. One of these last insti- tutes and conduets the process; and when the presi« dent, in conjunction with the assessor, deems it ters minated or suffisiontly advanced for judgmont, tho court is constituted by calling in somo of tho subal- tern officers of the garrison, and aftor hearing the reading of the and tho dofence of the ac- cused, sentence is pronouneod. In accordance with tho present practice of tho tribunal, this defence must be conducted by an officer of tho army, all i counsel and notaries being prohibited in the court. iable method of procedure is sudden ar- rest, sdlitary confinement, with prohibition of all communication, an arbitrary and long continued in- terrogation of the party tebe tho proseoutii attorney, (who possesses all the advantagos of log acumen and practice, to which are not unfroquently added personal hatred or national antipathy, while the party himself is deprived of all benefit of coun- sol,) and tho final formation of the accusation or charges. The inauguration ef a permanont military com- mission in a country, is, of itself, a suspension of all law, a deprivation of the citizon of all rights; and if Spain and other nations have resorted to this ex- treme measure in time of great public dangor, when the danger has passed— when commotion has ceased —when profound peace is restored, the necessity of resorting to such violent measures ceases to exist, ifnot for all, at least for those appertaining to another country, whose rights are proteo b treaty stipulations, and who may 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 ronder necessary a thirty years session of a military commission. In 1795, when the exis ing treaty waa ratified, tho military commission Cuba, a8 a permanent tribunal, did not exist. It was instituted thirt; years afterwards ; and in stipulating that tho trials and suits of the citizons of oither country shall bo made and prosecuted by ‘order and authority of law only,” it certainly never was contemplated that, in either country, citizons of the other would, in time of peace, bo subjected to the docision of a court-martial, without defonce, for a constructive orime. Lot us suppose, for instance, that with tho samo authority under which the Spanish government has permanontly instituted the military commission in Guba, giving it cognizance in all charges of treason, and depriving the acoused of logal defence, it were to introduce tho practice of torture in those ti a could your Excellency apply this also to Amorican citizens, under the pretext that it was a goneral law, and that you were procooding in accordance with the statute? Would an Amerioan Sooretary of State be expected to acquicece in this alsg, and to endorse your proceodings becauso you acted 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. tn these last are in- volved not only the fortune but tho life and honor of the citizen. Can your Excellency suppose that an American cab’ will abandon such holy rights to the absolute will of a government that, in time of profound repose, thrusts its own subjects 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, 1% is necessary to exclude legal counsel ia trials for treason, hardly me tho honor of a refu- tation. Do the laws and tribunals of Spain moritso 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 better 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 tho regi- cide had expiated his ori on the scaffold. Thero was no subterfuge her city of Havana, d your Excellen ration 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 sufliciont to demonetrate that order and promptitude are not aera incompatible with the ordinary tribunals of ain. MThese arguments, I think, will be sufficient to de- monstrate to your Excellency tho illegality of the military tribunals which claimed jurisdiction over me, and, through me, over all Americans residentin Cuba, without going iato a ideration ofthe utter violation of law and treaty, in dopriving mo of legal counsel—in denying me the process for examination and consultation—and in Sees 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. iin 1817 tho Jaw of domiciliation was promulgated in Cuba, by which strangers wishing to roside there were obliged to profess the Roman Catholic faith, and, by a solemn act, submit to the authorities, tribunals, and laws of the country, to the utter ex- clusion of all other allegiance and rights. Whether this law conflicts with the spirit and tenor of the treaty of 1795 or not, I leave to the pectin to determi I will merely remark that, by the letter of domiciliation itself, the allegiance and the privilege are limited to the term of five Yoaras/iand. tha Cub iaadwinive the beleuration! 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 am in public lnw determine in how far‘an allegiance, limited in term, can be com and in what man- ner these political changes can affect rights under the treaty. It isto be observed that this law of domicilia- tion, neither in its first institution, nor much less since, has been in complete observance in Cuba. Besides having pe sft for & long series of years, the continued re; © of foreig her of the requisite qualifications s m and profession of faith, all the steps in the | a domiciliatory letter are looked upon degree is this true, th does not with to take the trouble n y curing the letter of domiciliation, applies, in Ha- vana, to an agent, or runner, who draws up the me- moriel, 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 receives 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 sey and difficulties ch less for one who obtains the letter through han for one who applies directly to the nt. hus all, or nearly all, who are necessitated to ob- tain this document, avail them sof these agents, | without informing themselves of the steps taken, not of the obligations which the act involves. The go- | vernment also, considering the matter a mere form, tukes no measures to establish 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 religions faith, would seem to render proper. Under these cireumstances, the law obligatory to take out a letter of domiciliation has become little more nor less than a concession of fees, over and above those of the govermnent, to certain industrial agents, hangers on about the palace, The letter cf domiciliation is limited in its dura- tion to five years, on the expiration of which, the party is therei pposed 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 his adhesion | to the Roman Catholic faith. The fulfilment of neither of these obligations has ever been demanded by the government. Many persons are now temporarily residing in Cuba under their original letter of domiciliation, taken out twenty, and even thirty years since, who consider themselves as fully, and to 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 is a crime to make these comparisons—if it is a crime to desire amehoration, but without desire to excite disturbances, it is evident that in those whe are not Spanish subjects, who have not completed the act of naturallsstion, who have not compacted with the gevernment to applaud and venerate Span- ish institutions, however Vicious they may be, such comparisons and such aspirations canxot be crimi- nal, cannot be adjudged treason. The argument that 1am going too far, in claim- ing for foreigners privileges which you deny to your own subjects, is not tenable. It has always been curing imprison! | & imp 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 b; your Excellency and the military tribunal whic condemned me, unheard, to the galleys. From the first moment tHfwt the matter was brought to Ks notice, it recognized me as an American citizen. I trust that to any candid and um “h Heeas mind, the arguments I have produced, and the reflections Thave set forth, will be sufficient to demonstrate that a letter of domiciliation in Cuba has not mado me, nor any American, @ Spanish subject; and that & wailitery comsisgign is not, wadey ang circum: atances the tribunal to tako cognizances of charges them. Ido not advance these ta lightly, noe with any view to my own advantage. They can now do me little good. I have consulted some ef tho most eminent legdl horities hore, in your Exeollency’s own country, and they positions. If they have any effect in restraining the unscrupulous government of Cuba from fature outrages upon the fortunes, liberties, and lives of my follow countrymen there resident, if they save one American from the suffering aud ruin that been so mercilessly hoaped upon mo, my object will have been obtained, and my reward. ox my ute Eaeet Aeron: ave tho honor to be your Excellenoy’s very humble sorvant * J S. THnssuea. To Mr. Webster, Mapxip, March 22, 1992. Hon. Danre. Wesster, Skoretany ov Stars vom tux UniTeD STATES OF AMERICA :— Sin—In your despatch of Dec. 13 last, to the Hon. Dr. M. Barringer, United States Minister te Spain, as publishod in the New Youre Hgewaup, you are led into one or two orrors, which I beg leave to correct. You say—‘‘Tt is much to be regretted that Mr. Thrasher has made no communication whatevor te this department respecting the circumstances of hie cago, 80 a8 to enable us to see what are the precise grounds of his complaint.” I was arrested at Havana, on tho 16th day of Oe tober. For the first five days my arrest was merely an honorable detention, but no sooner had the semai- monthly steamers left for the United States, than £ was thrown into a dungeon of the prison, and thonoo transferred to one in the Punta Castle. Fer sixteen days, or until after the next semi-monthly departure of the steamers, I was kept in strieé solitary confinement, with utter deprivation of all communication with the world. During this time it was impoasiblo for mo to transmit any informa- tion to the department. When | was allowed to seo my friends, Mr. Owes, 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. Owen occasionally 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 me that not only the communioa- tions | made to him, but several that had beem made in my behalf by my friends, had all been transmitted to the government of the United States. Under those circumstances I judged it superfluous to mnko a direct communication to the departmont, asTcould add nothing to the information alrondg before it. You say—“If the official account of tho Spaniala authorities bo correct, Mr. Thrasher appoars to have expatriated himself, and to have become become, at least for a timo, a subject of the crown of Spain.’ The authoritios neglected to mform 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 tho crown o€ Spain. " embrace the present opportunity to transmit te you a copy of a letter addrossed by mo to Genoral Concha, upon the subject of domiciliation in Cuba, and the trial of American citizens by the permanent military commission of that country. I submit to you with much diffidence the argu- 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 tho 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. Tho world now knows what an extorted and un- nted interpretation was given by tho Spanish. r3 iment, both hero and in Cuba, to the unfor- tunate wording of the Presidential 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, (vide Contoy) and in subsequent questions that havo since bees suscitated between the two governments. These facts, and the known disposition of the gov- ernment of Cuba towards Amorican citizens in gone- ral, lead me to anticipate the most disastrous con- sequences from the unwarrantable interpretation ® may give to your letter. If the government of Cuba was one administered ia accordance with statute and justice: the law were respected by its ministers—or even if the executive ne renthees 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 requiro—while the ministers of justice and the administrators of executive power seem animated solely by one id that a war of races exists—what dS gg ae ant what action therein may we not dread ? 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- ommission, which claims jurisdiction over all nsin Cuba. I will only premise that im Ame 1778 torture was declared by Charles III. to be “barbarous and infamous,” and was expressly pro- hibited in Spanish tribunals; and that when the sition fell before the decree of the famous Cortes, of Cadiz, in 1812, that last relic of the bar- barous ages disappeared, even from the eoclesiasti- cal 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 of the permanent executive military commission, and in consequence of confessions thus extorted, hundreds of others were sent to the prosidios and es of Spain, (to the Presidio of Seville alone ent over 450). Largenumbers 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 proprietors were arrested, not a few of whom died ent, or in consequence of the suffer- gs they ther verienced. The sequel is instructive. Pedro Salazar, the tool, fiseal of the military commssion, followed his vietims, condemned to the Presidio of Seville. Leo- poldo O'Donnell, the master spirit, Captain-General of Cuba, retired to Spain with something more than ne million of dollars, the fruit of three years’ loyal | udministration of the government. Shall we abandon our countrymen to the tender mercies of such a tribunal and such a government? 1 have the honor to be your very humble servant, J. S. THrasuge. Important from the Spanish Penal Settlement. Esonpe of Major Schlessinger and Three Other Ouban Prisoners. THEIR SAFE ARRIVAL AT GIBRALTAR. 410 THE EDITOR OF THE NEW YORK HERALD. LiverrooL, May 5, 1852. My Dear Srr:— Will you please to insert in your estimable journal the following lines:— On the 24th ult., after having tried, for a month, the most assiduous intrigues, the Cubans, D. Alejo Yonaga Miranda, D. Igaacio Belan Peres, D. Juan O’Bourke, and the Hungarian Major Don Louis Schlessinger, made miraculous escape from the fortress of Ceuta, Afriea. They were condemned and sent to that fortress for the late political eventa which happened in the island of Cuba, and they succeeded, in spite of the incessant vigilance of their guards, in obtaining their liberty. They happily-ar- rived at Gibraltar, whence they departed for Liver~ pool, on beard the steamer Genova, where they arrived on the 3d instant. They are prepar- ing to leave this city and go to the United States, where the sympathy of many American hearts and levers of liberty are waiting their arri- yal. Receive, Sir, &e., Antonto DARENDA. Additionally to the above, we find the following paragraph in the Liverpool Courier, of the Stk inst. — The steamship Genovs, Capt. H. R. Cumming, arrived here on Monday afternoon, from Naples, Leghorn, Genoa, Marseilles, and Gibraltar, (six and a quarter from the latter port.) She broughs the followin; passengers :—Colonel Alego Iani > Mr. Juan 0, Bourne, Mr. J. B. Peres, Mr. 1. Se einger, and others. Se “NK vices from Realejax Newa prom Nicanagva.—Ad Pig f March, are received. On the hr the ac yore istued ‘ay edict prohibiting the export of corn, owing to the unusual number of locusts that have lately appeared in that section of the country, which have neatly dystzoyed the entire por of this seasqa.