This decree purports to condemn to death sundry persons named in it as the
central republican junta of Cuba and Porto Rico, established in New York,
and to confiscate their property. It appears affirmatively in the decree
that none of the condemned had appeared before the court.
This revolutionary body, known as the Cuban junta, voluntarily, disbanded
itself about one month before this decree was made, and announced its
intention to discontinue any hostile purpose it might have entertained
against Spanish rule in Cuba. During its previous history its acts, so far
as conflicting with the laws of the United States and the international
duties of this Government, were repressed by the President. This Department
has also been officially informed by Mr.
[Page 734]
Roberts that the state of affairs in Cuba is regarded
as a favorable one by the Spanish government, and that in consequence of
that the extraordinary powers previously vested in him had been withdrawn.
This Government has, therefore, seen with surprise and regret the
announcement of a policy in Cuba which is apparently uncalled for by any
present emergencies, which is not in harmony with the ideas now entertained
by the most enlightened nations as to the treatment of political offenses,
and which, as it appears to us, will tend to continue the unhappy
disturbances which exist in Cuba. We recognize, however, that, so far as
this is a purely domestic question between the government of Spain and the
persons or properties of those who are subject to that government, the
United States have no other right to interpose than that growing out of the
friendly relations which have always existed between them and Spain, and the
good faith with which they have observed their duties and obligations in
this contest. It appears, however, that on this list are to be found the
names of some persons who claim to be citizens of the United States. As to
each such person, you will inform the minister for foreign affairs that, if
it shall appear that his claim to be a citizen of the United States is
valid, and that he has done no act to forfeit his rights as such, it will be
claimed and insisted that he is entitled to the trial by civil tribunal and
in the ordinary forms of law which are guaranteed to citizens of the United
States by the article of the treaty of 1795 which has already been made the
subject of correspondence between you and the Spanish government.
[From the Diario de la Marina, Havana,
November 9, 1870.]
Sentence of the court-martial in the case of the Cuban
conspirators.
[Translation.]
At the Cuartel ele la Fueerza was judged and decided yesterday, in
court-martial, (consejo de guerra ordinario,) the voluminous process
established against those who, it has appeared, belong, or have
belonged, to the central republican junta of Cuba and Porto Rico that
was established in New York for sustaining, with ail kinds of resources,
the insurrection against Spain that broke out at Yara the 10th of
October, 1868. The decision of the fiscal having been read by Colonel
Montaos, in which an extensive review of the course of the rebellion,
from the first moments of its existence, is made with many interesting
details, and a detailed explanation of the proofs found in the process
against each one of the accused, the court dictated the following
SENTENCE.
In view of the process instituted by the colonel of cavalry, Don
Francisco Montaos y Bovillard, by virtue of the decree of his excellency
the captain general, of 2d of September, 1869, against the individuals
that appear to have composed or do compose the so-called republican
government of Cuba, and the central republican junta of Cuba and Porto
Rico, established in New York for sustaining with every kind of
resources the rebellion against Spain that broke out on the eastern
department on the 10th of October, 1868, and having communicated all to
the court, presided by Don Julian Pueyo, assisted by the advocate of the
captain general, Don Elias de Zúñiga as assessor, and at which the
defendants did not appear, being absent; and being duly examined, as
also the decision of the fiscal, the court, by unanimity of votes, in
accordance with the prescriptions of the law 1st and 2d, title 2d of
Partida 7th, and in the law 2d, title 7th, book 12th, of the Novisima
Recopilacion, and as a doctrine, the 139th and 177th of the Penal Code,
has condemned, and does condemn, as guilty of treason and rebellion, and
to the punishment of death by the vile garrote, Cárlos Manuel Céspedes,
Francisco Vicente Aguilera, Cristóbal Mendoza, Elijio Izaguirre, Eduardo
Agramonte, Pedro Maria Aguero y Gonzales, Salvador Cisneros y Betancour,
Pio Rosado, Fernando Fornaris, Miguel Betancour Guerra, Jesus Rodriguez,
José Izaguirre, Miguel Gerónimo Gutierrez, Arcadio Garcia, Tranquilino
Valdés, Antonio Lorda, Eduardo Machado, Antonio Zambrana, Ignacio
Agramonte, Rafael Morales, Lucas del Castillo, Diego Machado, Ramon
Perez Trujillo,
[Page 735]
Manuel
Quesada, Thomas Jordan, Francisco Ruz, José Valiente, José Maria Mora,
Antonio Fernandez Bramosio, José Maria Bassora, Francisco Izquierdo,
Plutarco Gonzalez, Ramon Fernandez Criado, Francisco Javier Cisneros,
Joaquin Delgado, Ramon Aguirre, Francisco Fésser, Ignacio Alfaro, Miguel
Aldama, Cárlos del Castillo, José Manuel Mestre, Hilario Cisneros,
Leonardo del Monte, José Maria Céspedes, Francisco Valdés Mendoza,
Nestor Ponce de Leon, Federico Galvez, Francisco Javier Balmaseda,
Manuel Casanova,, Antonio Mora, Luis Felipe Mantilla, Manuel Márquez,
José Peña, and Joaquin Anido, without prejudice to their being heard if
they should present themselves or should be found; their property, of
whatever class, to be appropriated by the State for indemnification if
the damages and expenses of the insurrection apprising the public
exchequer to that end; also such property as belonged to José Morales
Lemus, Honorato del Castillo, Luis Ayesteran, and Pedro Figueredo, with
respect to whom the process ceases by reason of their deaths; absolving
Mariano Alvarez and José Trujillo, for want of sufficient proof, and
directing a cessation of the process with respect to Antonio Alcalá, who
has been pardoned during the course of this process for having given in
his submission to the government.
Havana, 7th November,
1870.
JULIAN PUEYO.
EDUARDO TASIER.
FELIPE SAEZ DE TEJADA.
JUAN NIETO MUJICA.
VALENTIN GOMEZ SEPULVEDA.
FAUSTINO CISTUÉ.
FERNANDO DOMINICIS.
