No. 566.
Mr. Cushing to Mr. Fish.

No. 63.]

Sir; Occurrences of the last week present many points of general importance, and some of special interest to the United States.

Since the death of General Concha and the repulse of the forces of the government in their movement on Estella, there has been cessation of active operations in that direction. A part of the army continued, at last advices, to occupy Tafalla, but with headquarters retired to Lo-groño. Meanwhile the Carlists seem disposed to take the offensive, not only in the north but more especially in the east.

Early in the month the Carlists, under the command of Don Alfonso de Este, brother of the pretender, made an attack on Teruel, capital of the province of Teruel in Lower Aragon, situated due east of Madrid and about two-thirds the distance between that city and the Mediterranean. Failing in this, the Carlists then advanced into New Castile and laid siege to the city of Cuenca.

This city is the capital of the province of Cuenca, one of the six provinces into which the former kingdom of New Castile is now divided. It is about eighty miles from Madrid, on a straight line to the city of Valencia.

After being cannonaded for several days, and suffering great loss in the destruction of buildings by fire and otherwise, Cuenca surrendered to Don Alfonso on the 15th. Thus much, and no more, is known by official information.

Reports are current that Don Alfonso abandoned the city after pillaging it and levying heavy contributions.

Strange as it may seem, notwithstanding that Cuenca is so near to Madrid, no direct and certain information of the surrender on Wednesday, the 15th, reached here until the evening of Saturday, the 18th. Nay, on the 18th General Soria Santa Cruz, who had been dispatched in all haste for the relief of Cuenca, informed the government that Cuenca still held out, and that he expected to reach the place in season to meet and repel the forces, of the Carlists.

This event has produced profound impression here, and has tended to hasten, at least, the execution of measures which have been meditated for some time past by the government, and which have now been adopted in the hope of thus terminating the civil war which is devouring the resources of Spain.

Accordingly, on the date of the 18th, we have a series of decrees, with prefatory exposition of motives, as follows, namely:

1.
Decree declaring in state of siege all the provinces of the peninsula and the adjacent islands.
2.
Decree—
(a.)
Authorizing the government to embargo the property of all persons who are shown to be incorporated with the rebel forces or who shall serve the Carlist cause.
(b.)
Indemnifying all persons prejudiced by acts not the necessary effect of war.
(c.)
Indemnifying the heirs of officers or soldiers shot after being made prisoners, at the rate of 100,000 pesetas, ($20,000,) for a general; 50,000 pesetas, ($10,000,) for other officers of less rank, and 25,000 pesetas, ($5,000,) for common soldiers.
3.
Decree dissolving all societies of whatever class, condition, or object not authorized by the government.
4.
Decree forbidding newspapers to publish any news of the civil war other than those inserted in the “Gaceta de Madrid.”
5.
A decree calling into service eighty battalions of extraordinary reserve, equivalent to a nominal force of 125,000 men.

You will note in these decrees the distinct and unequivocal condemnation of the shooting of prisoners, and the rate of indemnity per head to be awarded to the heirs of all such prisoners so executed.

In addition to these decrees we have a bando of the captain-general of New Castile, which defines with precision the effects of the estado de sitio, such as we may suppose will be issued by other captains-general. I inclose herewith translation of these expositions and decrees.

I have, &c,

C. CUSHING.
[Inclosure.—Translation.]

Five decrees of July 18, 1874, enacting extraordinary measures for the suppression of the Car-list rebellion.

1. Decree declaring the peninsula and adjacent islands in a state of siege.

preamble.

Señor President: The government of the nation, animated by the most elevated sentiments, has made great efforts to bring back to the fulfillment of their duties the rebels who aspire to raise upon the blood-stained soil of their country institutions condemned by reason and by history.

In vain has the generosity of the liberal parties repeatedly stretched the mantle of pardon over those who continually take advantage of our misfortunes. Partisans of a régime which hampers the flight of intellect, which burdens the dignity of man, which dries up the pure sources of progress, and which confines the nations within the narrow limits of a baleful fanaticism, they have never been able to understand the motives of our conduct, attributing it perhaps to our weakness.

Craving a victory denied to them by public sentiment and by the progress of the century in which we live, they spare nothing, however reprehensible, in order to succeed in their perverse designs. Means of communication, monuments raised by piety and art, the offices of the state, the provinces, and the towns, public capital, private interests, and even the sanctity of the domestic hearth, all these are seen to be trampled upon by their spirit of destruction, and day by day the country sees with sorrow, and the surrounding nations see with horror, the disappearance among the flames, without benefit to their plans of combat, of a part of that which had cost so much perseverance-and toil.

In such a state of profound perturbation, speedy and efficacious governmental measures are rendered necessary.

Circumstances imperiously demand that the ministry be inspired with a sentiment of concordtoward all the men and all the parties who sincerely love liberty and the good of the community, and the present crisis calls with urgency for the concentration of every element of government, so that, by giving unity to the action of power, it may reach every part with rapidity and energy.

With a general effort, and by restoring to the principle of authority its lost strength, we shall succeed in re-establishing moral order, so profoundly perturbed, and saving society and the nation from dissolution and ruin.

Resting upon these considerations, we submit for the approbation of your excellency the following draught of a decree.


The president ad interim of the council of ministers and minister of the interior.
PRAXEDES MATEO SAGASTA.

(Signed by the remaining members of the cabinet.)

decree.

Taking into account the reasons set forth by the council of ministers, I hereby decree the following:

  • Article I. All the provinces of the peninsula and adjacent islands are declared in state of siege.
  • Art. II. The captains-general of the provinces shall assume and exercise during the state of siege the extraordinary faculties which, in such a state, are laid down for them in the general army ordinances.
  • Art. III. In all the provinces permanent military commissions shall he organized to take cognizance, in council of war, of all crimes of conspiracy, rebellion, sedition, and whatever may tend to aid the rebels or to disturb public order.
  • Art. IV. The government will in due time give account of this decree to the Cortes.

FRANCISCO SERRANO.

(Countersigned by all the ministers.)

2. Decree confiscating Carlist property and providing for indemnity for families of prisoners shot by Carlists.

preamble.

Señor President: A measure of self-defense, which, in circumstances analogous to ours, has been forced upon all civilized nations, is the principal object of the decree which we have the honor to submit to the approbation of your excellency.

The Spanish nation, which is making so many and such great sacrifices to end the disastrous war against the Carlists, cannot allow the wealth of its enemies, which until now has been under the protection of the laws under the same conditions as that of peaceable citizens, should serve as a powerful instrument to prolong and extend a struggle which perturbs the onward movement of public prosperity, which decimates the flower of Spanish youth, and which dishonors us in the eyes of Europe.

The measure also includes an act of justice in the indemnification which is to be obtained from the property of the rebels in favor of those who have been willfully outraged by the rebels in their persons or property.

It is, moreover, necessary, seeing that we cannot prevent this savage warfare which Carl ism seeks to inaugurate, and which carries with it the baleful train of hostages, reprisals, and shooting of defenseless persons—a warfare which, in self-respect, we do not wage and will never wage, whatever may be the provocation to which we are subjected—to endeavor at least to restrain it, so far as our means will permit, within less inhuman bounds, casting upon the important personages of the Carlist party the legal responsibility attaching to the outrages they may commit, because they are morally responsible therefor, who have placed arms in the hands of fanaticism and ignorance wherewith to wound their country.

Resting upon such foundations, we submit to your excellency the following draught of a decree.

(Signed by all the members of the cabinet.)

decree.

In consideration of the reasons laid before me by the council of ministers, I hereby decree the following:

  • Article I. The government is authorized to embargo the property of the persons who are shown to be incorporated with the rebel forces or who may be serving the Carlist cause. The object of this measure is: 1. To prevent the products of the property so embargoed from being applied to the sustenance and propagation of the war. 2. To indemnify injured parties for all the damage caused to them by acts which are not the necessary consequence of war.
  • Art. II. The heirs of general officers, (jefes,) line officers, (oficiales,) soldiers, and volunteers, who may be shot after having surrendered or being made prisoners, shall be indemnified from the revenues of the aforesaid embargoed property, or that which may be embargoed thereafter, and by means of an extraordinary tax to bear exclusively upon the Carlists.
  • Art. III. The amount of indemnity to which the foregoing article refers shall be regulated in the following form:
  • To the next of kin of a general officer so shot, the sum of 100,000 pesetas; to those of line officers, 50,000 pesetas; and to those of soldiers and volunteers, 25,000 pesetas.
  • Art. IV. No validity will be recognized in any transfer of ownership in Carlist property effected after the publication of this decree.
  • Art. V. The ministers of grace and justice and of finance are hereby charged with preparing the regulations and orders for the fulfillment of this decree.
  • Art. VI. The government will give account to the Cortes of the use and application it may make of the preceding enactments.

FRANCISCO SERRANO.

(Countersigned by all the ministers.)

[Page 896]

3. Decree closing all societies and associations not organized according to law.

decree.

In view of the gravity of the present circumstances, and the reasons set forth hy the council of ministers, I hereby decree the following:

Sole Article. The governors shall proceed to the immediate dissolution of all societies, whatever may be their class, condition, or object, which are not organized under authorization of the government, excepting those of credit, of public works, and others spoken of in the decree law of 1869.


FRANCISCO SERRANO.

The president ad interim of the council of ministers and minister of the interior.
PRAXEDES MATEO SAGASTA.

4. Decree prohibiting the publication of other war news than that printed in the Gazette.

decree.

In consideration of the present state of the country, I hereby decree the following:

Sole Article. The periodical press shall publish no other intelligence of the Carlist insurrection than that inserted in the “Gaceta de Madrid.”


FRANCISCO SERRANO.

The president ad interim of the council of ministers and minister of the interior.
PRAXEDES MATEO SAGASTA.

5. Decree calling out 125,000 additional troops between 22 and 35 years of age.

preamble.

Señor President: The civil war which now so profoundly perturbs the country, drenching our fields with blood and consuming our public fortune, is not only a direful calamity, but also a great ignominy. Neither the honor of Spain nor the most sacred interests so gravely compromised can permit of the prolongation of this struggle, that ruins us and humiliates us before the civilized world. It is imperative to stifle it at once; it is necessary to extirpate without delay this cancer, that threatens to devour us; it is indispensable to make a supreme effort which, although for the time may be sensibly felt, will obviate other efforts in the future greater than this, perhaps, but assuredly not so efficacious. For each day whereby the end of this fratricidal war is brought nearer greatly increased advantages will accrue, in sparing precious blood, enormous costs, and painful sacrifices. The government, knowing the noble loftiness and the solid base of patriotism that enrich the liberal Spanish people, would fail in its duty if, through weak deliberation or faint-hearted hesitancy, it did not make use of those fecund sentiments.

An act of intense vigor and energetic virility is needed: public opinion demands it, and the government does not hesitate to perform it. It has, therefore, the honor to propose to your excellency the creation and summoning to arms of 125,000 troops of the extraordinary reserve, which will permit of sending to the field the whole of our present army—enough to annihilate in a short time the insurgent hosts. With that force, whose active service shall be local, and at most within the limits of each of the military districts, aided by the national militia, an institution no less useful and important, but within a more passive and sedentary sphere, public order may be deemed completely assured, as well as the defense of our towns and the support of the respective bases of the armies in the field.

In view of all these reasons, the council of ministers has the honor to submit, for the approval of your excellency, the accompanying decree.


(Signed by all the members of the cabinet.)

decree.

In view of the considerations set forth by the council of ministers, I hereby decree:

Article I. Eighty battalions of the extraordinary reserve are created in the territory of the peninsula and Balearic Islands, which is divided for that purpose into eighty districts of approximatively equal population, in each one of which shall be formed a battalion in conformity to the annexed table, A, and to the forces which respectively result from the recruiting in each district.

* * * * * *

Article VIII. There are called to the service of the extraordinary reserve 125,000 [Page 897] men, from those who, on the day of the publication of the present decree, may be unmarried or widowers without children, and who have not served in the army or navy, who have not been redeemed, substituted, or excepted on account of physical disability in previous conscriptions, and who, on the 30th day of June last, shall have completed twenty-two years and not have completed thirty-five.

* * * * * * *

Art. XV. There shall be admitted in the extraordinary reserve volunteers who may be discharged from the army without unfavorable notes in their discharge papers, and who do not exceed thirty-five years of age, paying to them a premium of 1,000 pesetas, and giving them preferential option to the places of corporals and sergeants if they possess the necessary qualifications therefor.

Art. XVI. The duration of the service of the men who enter the extraordinary reserve in virtue of this call, as well as of the volunteers, shall be for the term of the war, and six months more, if the government deems this extension necessary.

* * * * * * *


FRANCISCO SERRANO.

(Countersigned by all the ministers.)

[Inclosure 3 in No. 63.—Translation.]

Proclamation of General Rey to the inhabitants of New Castile, announcing martial law.

Don Antonio del Rey y Caballero, lieutenant-general of the national armies and captain-general of the district of Cast ill a la Nueva, &c, &c. In compliance with the orders of the executive power of the republic, in its decree published in the Gazette of this day, I order and command—

  • Article 1. The provinces of Madrid, Toledo, Ciudad-Real, Cuenca, Gaudalajara, and Segovia are declared in state of siege, and during the continuance of such state of siege there are resumed, in my authority, the extraordinary powers conceded to me by article 5, chapter 8, title 8, of the general ordinances of the army.
  • Art. 2. All crimes of conspiracy, rebellion, sedition, and any others tending to aid the rebels or in any manner to disturb public order, which may be committed after the date of the publication of this proclamation, shall be submitted to the judgment of the permanent councils of war, which, from and after to-day, are organized in this capital and in the provinces of the district under my command.
  • Art. 3. Those guilty of the crimes of intercepting ways of communication and the telegraphs, cutting bridges, attacking trains with armed force, destroying or injuring effects destined for maintenance of the lines, and all injuries caused to railways whereby the security of travelers or goods may be prejudiced, shall be submitted to the permanent councils of war, and shall be punished with the penalty of death and with the other penalties provided in the penal code, conformably to the provisions of the order of the executive power of January 21, 1874.
  • Art. 4. Those who, in meetings or by means of the press, make public intelligence referring to affairs of the war which may disturb public order; shall be considered as auxiliaries of the Carlist rebellion, and shall be handed over to the permanent councils of war.
  • Art. 5. Those who infringe the proclamations of good order which, in the exercise of the powers conferred upon me, may be issued by my authority and by the military governors of the cities and provinces of my district, shall be also considered as disturbers of public order, and shall be handed over to the established councils of war.
  • Art. 6. Robbers to the number of three or more, and those who in the perpetration of any of the common crimes reserved to ordinary jurisdiction, may give occasion to the perturbation of public order, shall likewise be subject to my authority, and, consequently, their authors shall be subject to the judgment of the permanent council of war, imposing on them the penalties prescribed by the ordinances.
  • Art. 7. The authorities and employes of civil order who do not lend the aid which may be demanded of them by the military authority and the forces of the army, shall be dismissed from their office and employment and handed over to military jurisdiction, in order that they may be punished according to their deserts, considering them as aiders and abettors of the rebellion.
  • Art. 8. The civil and judicial authorities shall continue to exercise their functions in matters pertaining to their attributions, which may not be opposed to those reserved to my authority in the present proclamation.
ANTONIO DEL REY.