No. 270.
Mr. Cushing to Mr. Fish.
Fish, Secretary of State, Washington:
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Regarding Burriel, Mr. Ulloa says substantially:
With reference to your note of 30th November, expressing the desire of the United States to see protocol fulfilled respecting second proposition of Sickles, Spain desires and is ready to adhere faithfully to protocol, and will give orders that inquiry shall be instituted by the competent tribunals as to conduct of authorities at Santiago in trial and execution of American citizens, exacting of them due responsibility for infringement of Spanish laws or treaties. The judicial power being independent of the executive, no responsibility rests on the latter for judicial acts of the tribunals of Santiago, which have operated within their attributions, and are only subject to such responsibility as may be exacted of them in the juicio de residencia, the only competent tribunal, even though the government, on December 26, separated Burriel from his command.
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