Mr. Williams to Mr. Rockhill.
Urgent. As the marine jurisdiction has cognizance of the Competitor and persons captured on board, I have delivered to-day personally a communication to the admiral, asking that the case be tried under seventh article, 1795, and the protocol therein, protesting against trial by summary court-martial or any form of procedure not adjusted to the treaties. Admiral received me most courteously, but seemed to hold the opinion that the case does not come under any treaty of Spain with the United States, because first article of the protocol says “citizens of the United States residing in Spanish dominions,” and these men do not reside therein. I replied that the protocol is contained in the seventh article of the treaty of 1795, and there is nothing therein making residence of American citizens within Spanish dominions or Spanish subjects in the United States a condition necessary to entitle either of them to the enjoyment of all its guaranties.
Please to instruct by cable.