No. 14.
Mr. Osborn
to Mr. Fish.
United
States Legation,
Buenos Ayres, June
7, 1875. (Received July 22.)
No. 59.]
Sir: The 25th of May, the national anniversary of
Argentine independence, was observed and celebrated by a Te Deum at the
cathedral; after which the President reviewed the troops from the government
house, and conferred the decorations voted by congress some years ago on the
officers and men distinguished in the Paraguayan war. Lunch was served in
the government-house, and general good feeling seemed to prevail, the more
so, perhaps, from the fact that the day before the government issued a
decree of amnesty, a printed copy of which I have the honor to inclose
herewith, setting at liberty General Mitre, Colonels Charras and Vidal, who
had been condemned to banishment by sentence of the recent court-martial for
the terms of—Mitre eight years, Vidal six, and Charras three years.
I also inclose with this a printed copy of the sentence.
General Mitre returned to his home on the night of the 24th. General Rivas
and Colonels Ocampas and Murga were shipped to Montevideo, their sentence
having been modified by the decree of government from eight years of exile
to eighteen months,
I am, &c.,
[Inclosure 1 in No.
59.—Translation.]
Sentence.
Buenos
Ayres, May 19,
1875.
Whereas the military prosecutor, Lieut. Col. Miguel Ochagavia, accused
Brigadier-General
[Page 35]
Bartolomé
Mitre, General Ignacio Rivas, and Colonels Gonsalez, Ocampo, Machad,
Vidal, Calvette, Charras, and Murga of having deserted and abandoned
their posts, disobeyed orders, removed national troops from their posts,
taken up arms in rebellion, and shed blood in engagements against the
government army;
And a council of war having been impaneled at the Retiro Barracks,
composed of General Nazar, president, and Colonels Gorordo, Payba,
Bustillos, Agnero, Nelson, Alvarez, Obligado, Garcia, Matoso, and
Goyena, with Dr. Beccar as auditor, the said council sat from the 17th
to the 19th instant, and received in evidence the capitulation signed at
Junin with Colonel Arias, as well as the documents presented by General
Mitre and the other prisoners.
The council of war decided—
- 1st.
- That the offenses in question were precisely those reserved
for military tribunals according to chapter 8, section X.
- 2d.
- That the federal judge has no right to claim jurisdiction in
the case.
- 3d.
- That having in view the terms laid down at Junin, and bearing
in mind the former distinguished services of the accused, (as
stated by the military prosecutor,) the sentence of the court
be: Ex-Brigadier-General Mitre, Ex-General Rivas, Ex-Colonels
Ocampo, Gonsalez, Machado, and Murga to suffer eight years’
exile; Ex-Colonel Vidal six years, and Ex-Colonel Charras three
years’ exile. The cause against Ex-Colonel Calvette terminates
owing to his decease. And this sentence is now sent to the
comandancia general for ratification.
[Inclosure 2 in No. 59.]
Government decree.
War-Office, Buenos Ayres, May 24, 1875.
[From the Buenos Ayres
Standard.—Translation.]
The government hereby approves the sentence of the above council of war,
which has been conducted with all due forms and legality. And moreover
it considers—
- 1st.
- That the court has vindicated military discipline, so
essential for the public security, and followed the precepts of
the military code.
- 2d.
- That peace and order are now so firmly established from one
end to the other of the republic as to warrant the same clemency
as already shown by us on the close of the revolution, so as
still further to encourage the development of trade and progress
under the auspices of security and public confidence.
- 3d.
- That the government and the nation can never forget the
services of the prisoners during the Paraguayan war, and
especially the principal part performed by Ex-Brigadier Mitre in
the consolidation of the Argentine Republic.
- 4th.
- That, nevertheless, the honor of the Argentine army and its
glorious traditions of fidelity call for some punishment on
those commanding officers who seduced the troops under their
orders, abandoned the frontier posts, and left the Christians
exposed to Indian depredations:
Therefore, to commemorate the glorious anniversary of our political
emancipation by an act of clemency and conciliation, the President of
the republic, in accord with his council of ministers, decrees the
modification of the above sentence in this manner:
Ex-General B. Mitre and Ex-Colonels Gonsalez, Vidal, and Charras are to
be set at liberty without suffering the terms of exile ordered by the
court.
Ex-General Rivas, who was commander-in-chief of the south frontier,
Ex-Colonel Ocampo, also of the south frontier, and Ex-Colonel Murga, of
the Bahia Blanca frontier, are to be banished for eighteen months
instead of eight years.
Ex-Colonel Machado is pardoned the military offense, but handed over to
the federal, court for having shot two civilians, as he confesses; as
also on the charge of having lanced Tomas Toledo, according to the act
of accusation by the mother of said Toledo.
Brigadier Emilio Mitre and Colonel Frederic Mitre are to be cautioned for
the language used by them in their defense.
Let orders to the above effect be sent to the comandancia general.
- AVELLANEDA.
- A. Alsina.
- Simon de Iriondo.
- Pedro Pardo.
- O. Leguizamon.
- Santiago S. Cortinez.
