Office of the Historian

No. 416.
Mr. Adee to Mr. Fish.

United States Legation to Spain,
Madrid, September 2, 1871. (Received September 20.)
No. 54.]

Sir: I have the honor to inclose herewith a copy of a decree of genenal amnesty, dated and published on the 30th ultimo, prior to the commencement of the present journey of His Majesty through the provinces, which event it is intended to celebrate. Like the previous decree of August 9, 1870, a copy of which was transmitted with General Sickles’s No. 143, the apparently unqualified provisions of the present amnesty will probably be held applicable only to the peninsula and the adjacent possessions.

I am, &c.,

A. AUGUSTUS ADEE,
Chargé d’Affaires, ad interim,

Presidency of the Council of Ministers–Statement.

[From La Gaceta de Madrid, August 30, 1871.—Translation.]

Sir: The government of Your Majesty authorized by the law of July 31, of the present year, to grant an amnesty to all persons sentenced, prosecuted, or held responsible on account of political offenses, thinks that the proper time has arrived to make use of this important authorization. There are usually in such offenses, which are, for the most part, punished very severely, some errors of the head rather than any perversity of the heart, and the state, which would be wanting in the performance of its duty should it fail to repress them with energy, (since this is required by justice and a proper regard for the public good,) cannot carry its rigor further than is required by the fulfillment of its lofty duties. When severity and the duration of the penalties designed to repress these offenses are carried to an imprudent extreme, the punishment is not an expression of justice, but of revenge, and the supreme power is rather the representative of party rancor than of right. When the offenders have [Page 549] ceased to be a source of danger, to persevere in the continuation of the punishment is to create the danger anew, because public opinion does not busy itself with the offense which it does not fear, but with the hardships of those who suffer.

To open the doors of the country is not only an act of clemency; it is also one of prudent and wise policy. The tears of joy shed by the children in the arms of their father, who has returned to the delights of home and family, signify not only the termination of a great misfortune; they are also a guarantee of peace and repose, because they will ever serve to call to mind the consequences produced by disturbances of public order.

It would, however, be an act of very questionable wisdom to endanger society by yielding to the impulses of an imprudent generosity, which, without duly considering the exigencies of the time and place, should serve to collect and strengthen those elements which are inimical to public tranquillity. Clemency, then, is, or seems to be, weakness, and amnesty, far from being gratefully accepted, is used as a weapon against those who were short-sighted enough to grant it.

Fortunately, sir, our circumstances are different. The government knows the secrets and the resources of the adversaries of the situation created by the September revolution; it possesses data which enable it fully to appreciate their weakness and impotency, and it has more than sufficient force at its command to enable it to quell any act of rebellion which may be attempted against the constitution and the dynasty of Your Majesty.

Should there be rash persons, who, fascinated by chimerical hopes, should dare to rise in arms against the institutions which the nation, in the exercise of its sovereignty, has adopted, the repression will be as prompt as energetic, and the punishment following the crime will be speedy and inexorable. The political situation of to-day is strong, and its enemies are weak; acts of clemency may, therefore, not be gratefully accepted, but they will be neither imprudent nor liable to give rise to serious dangers.

It would be more dangerous for the emigrants to lose all hope of soon returning to their country, and to remain united, exciting each other under the pressure of their leaders, and to continue organized and ready for battle. Let them all return to their country; let them soften the harshness of political rancor in the bosom of their families; let them tranquilly enjoy the benefits of liberty; let them acquire or regain habits of industry, and let them become convinced that liberty and order are in harmony with the constitution of 1889, and the rule of Your Majesty; that all legitimate interests are secure, and that guarantees are furnished to all possible progress in the various spheres of human activity. Let there be an animated and patriotic contest between individuals and between parties for the triumph of their doctrines and their aspirations, but let it be a peaceful and tranquil one, for thus alone can it conduce to the welfare of the nation. The government of Your Majesty believes that such a contest, far from being formidable, is indispensable to human progress, and that the combatants should not be separated, but rather that the obstacles in the way of the combat should be removed.

In view of these considerations, the council of ministers has the honor to lay before Your Majesty the following proposed decree.

Madrid, August 30, 1871.

  • MANUEL RUIZ ZORILLA,
    President of the Council of Ministers and Minister of Government.
  • FERNANDO FERNANDEZ DE CORDOVA,
    Minister of War, and Minister of State pro tern.
  • JOSÉ MARIA BERANGER,
    Minister of Marine.
  • SERVANDO RUIZ GÓMEZ,
    Minister of Finance.
  • SANTIAGO DIEGO MADRAZO,
    Minister for the Encouragement of Agriculture, Manufactures, &c.
  • TOMAS MARIA MOSQUERA,
    Minister of the Colonies, and Minister of Justice pro tem .

Decree.

By virtue of the authorization granted to the government by the law of the 31st of July last, and by the advice and consent of the council of ministers, I decree as follows:

  • Article 1. Absolute, full, and general amnesty, without distinction of class or station, is hereby granted to all persons sentenced, prosecuted, or held responsible for political offenses of any kind whatever, committed up to the aforesaid date of July 31st last past.
  • Article 2. In consequence thereof all cases pending on account of the aforesaid offenses shall be dismissed without costs.
  • Article 3. Persons detained for such offenses, or under arrest or imprisonment therefor, shall at once he set at liberty by the courts having jurisdiction in the respective cases, or which may have decided the same, and expatriated persons may freely return to Spain.
  • Article 4. Persons having claim to salary or other money due from the state, or any provincial or municipal government, including officers of the army or soldiers, will be required before receiving such money to prove that they have taken the oath to support the constitution, before a competent court.
  • Article 5. The following are also considered as political offenses, within the purview of this decree, viz: those committed with intent to falsify, impede, or coerce the freedom of suffrage, those referred to in case 3, article 331, of the provisional law regarding the organization of the judicial power, the incidents of political offenses, and finally those committed by means of the press, except those of slander, for which action is brought by the party aggrieved.
  • Article 6. The civil responsibility incurred by the accused parties, together with claims for damages suffered by individuals, on account of the offenses referred to in Articles 1 and 3, remains unaltered, and action may be brought by the parties interested.
  • Article 7. Suitable measures will be taken by the proper ministries for the immediate and exact enforcement of this decree.

Done at the palace on the thirtieth day of August, one thousand eight hundred and seventy-one.

  • AMADEO.
  • Manuel Ruiz Zorilla,
    President of the Council of Ministers.