I am compelled to postpone * * * some observations which have occurred to
me on the subject.
[Inclosure.—Translation.—Extract.]
Mr. Augusto
Ulloa to Mr. C.
Cushing.
Ministry of State,
Madrid
,
December 3,
1874. (Received December 3, 1874—12
night.)
* * * The terrible consequences which the rash and criminal
expedition of the Virginius has had for some of the unhappy persons
who were on board—consequences which the orders of the executive
power could not avert, being unfortunately received in Santiago de
Cuba too late by reason of the interruption of the telegraph-lines
by the insurgents—could not do less than move the generous
sentiments of the Spanish government, so painfully situated between
the strict fulfillment of the laws in special circumstances, and the
impulses of humanity and of commiseration common to all honorable
men, but which should be violently stifled before the imperious
voice of duty and the defense of the high interests confided to the
public powers.
That duty fulfilled, sentiments of humanity may still recover all
their force, and endeavor to seek, not a remedy for an irreparable
punishment, but alleviation and consolation for those persons who,
without having had part in the commission of the crime, participate
fatally in the terrible consequences of the expiation imposed by
law. * * * * * * * * *
[Page 510]
It remains to me to answer, Mr. Minister, the last note which, under
date of the 30th ultimo, you have been pleased to address me, and in
which you express to me the desire of the Government at Washington
to see the fulfillment of the article of the protocol of November
29, 1873.
The government desires and is prepared to fulfill in every point all
the stipulations contained in the protocol of the 29th of November,
1873; and considering the contents of the second proposition made by
your predecessor as one of the elements of the complete and final
settlement of the question which occupies us, it will proceed to
give the proper orders, to the end that by the competent tribunal
shall be instituted an inquiry with respect to the conduct of the
authorities of Santiago de Cuba who intervened in the conduct of the
trial and sentence of the American citizens who were executed in
that city, exacting of them the responsibility which they may have
incurred for infractions of law or of international treaties. You
are not unaware that one of the bases of our political constitution
is the independence of the judicial power and the liberty of action
with which it performs its functions within its own sphere, without
the least intervention of the other powers; and you will understand,
therefore, that no responsibility whatever can have rested on the
government, as the executive power, either in the proceedings or in
the judgment of the tribunals of Santiago de Cuba, which have
operated within the circle of their attributions, although of course
subject to the responsibility borne of the self-same independence of
their functions, and which may be exacted of them in the juicio de residencia,* which is the
competent jurisdiction; although the government motu propio decreed on the 26th of December, 1873, that
is, consequent upon the affair of Santiago, the removal from command
of Brigadier Burriel, then comandante-general of the eastern
department of the island of Cuba.
* * * * * * *
The Minister Plenipotentiary
of the United States.
