Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress December 2, 1895, Part II
Mr. Olney to Mr. Taylor.
Washington , June 18, 1895.
Sir: Your No. 363, of the 31st ultimo, has been received. You therein report the announcement of the Duke of Tetuan that Francisco Carrillo, whose case called forth Mr. Uhl’s telegraphic instruction to you of May 17, was to be released by order of the Governor-General of the Island of Cuba.
Dispatches from the consulate-general at Havana, under date of May 30 and 31, report the release of Mr. Carrillo and his departure for New York. It appears that Mr. Carrillo, when released, was ordered to immediately depart for New York, and that having taken passage on the Vigilancia, sailing May 30, he was taken in charge by an inspector of police and put on board the Spanish steamer Panama, also bound to New York, his first-class passage ticket being supplied by the Spanish authorities.
It further appears that although General Arderius’s order merely directs Mr. Carrillo’s departure for New York, that officer, in a conversation with Acting Consul-General Springer, stated that Mr. Carrillo’s departure was a condition of his release, and expressed fear that he would not accept it, in which case he should bring charges against him of resistance to the authority (desacato) and then turn him over to the civil jurisdiction. General Arderius admitted that Mr. Carrillo had not been indicted (procesado), but held only by a gubernative order, for which reason he supposed Carrillo would not accept his release under conditions. Mr. Carrillo, however, expressed his willingness to accept his release under the said condition of deportation to New York, reserving the right to protest before the Government of the United States for the imprisonment he had suffered.
How far Mr. Carrillo’s acquiescence in the condition of deportation may be affected by the subsequent action of the Spanish authorities in expelling him by force after he had made all arrangements for voluntarily quitting the island is not at present material, except so far as it serves to confirm our complaint that an American citizen was arbitrarily imprisoned, upon executive order merely, without intention to prefer a charge against him under which a civil trial could take place. The assumption of a right to treat Mr. Carrillo arbitrarily and without process of law appears to have been kept up to the last.
I send you, for your information and the files of the legation, the several reports in the case received from the consulate-general at Havana. Without at present intimating any purpose to ask indemnity for Mr. Carrillo, it is desirable that you should do nothing in the way of accepting his release in answer to your demand which might prejudice the entire liberty of action of this Government for the protection of the rights of this American citizen as the case may be found to demand.
I am, etc.,
Mr. Williams to Mr. Uhl.
Havana , March 7, 1895 .
Sir: Upon information received in a letter dated the 27th ultimo, from our vice-commercial agent at Caibarien, Mr. James H. Springer, [Page 1223] to the effect that Mr. Francisco Carrillo, a citizen of the United States, had been arrested at the neighboring town of San Juan de los Remedios, I have addressed a communication to His Excellency the Governor-General, asking that this American citizen be tried by the civil and not by the military jurisdiction, according to and with the enjoyment of all the guarantees of the agreement of the 12th of January, 1877, between Spain and the United States.
For the information of the Department, I enclose translation of my communication to the Governor-General.
I am, etc.,
Consul-General.
Mr. Williams to the Governor-General .
Havana , March 2, 1895 .
Excellency: I am obliged to inform your excellency of the arrest of Mr. Francisco Carrillo, a citizen of the United States, at San Juan de los Remedios, on the 27th ultimo, for reasons not known to this consulate-general, hut supposing that he has been arrested on suspicions similar to those upon which two other citizens have been arrested within a few days past; therefore, and in fulfillment of the general and special instructions of my Government, I beg your excellency to please inhibit the military jurisdiction from the trial of this case, with transfer of it to the civil jurisdiction, leaving the accused with the full enjoyment of the guarantees of the agreement of the 12th of January, 1877, between Spain and the United States, in the same manner as your excellency was pleased to order in the cases of Howard, October 26, 1893, and Oglesby, November 24, 1893, both in Havana, and in the cases of Rosell, in Santiago de Cuba, the 18th of September, 1893, and Mayolin, at Santa Clara, the 5th of January, 1894.
I have, etc.,
Mr. Williams to Mr. Uhl .
Havana , March 14, 1895 .
Sir: With reference to my dispatch, No. 2439, of the 7th instant, relating to the arrest of Mr. Francisco Carrillo, an American citizen, at San Juan de los Remedios, and his subjection for trial to a court-martial by the Cuban authorities instead of to a court of the ordinary jurisdiction, as provided by the agreement of the 12th of January, 1877, between the United States and Spain, I have now the honor to inclose a copy and translation of a communication, dated the 4th instant, received from the secretary of the General Government, asking me to accredit the fact of Carrillo’s having complied with the law relating to foreigners of the 4th of July, 1870, by presentation to this consulate-general of his certificate of registration by the civil government of the province of Havana on his registration by this office. I also inclose copy and translation of my answer thereto, dated the 12th instant.
I am, etc.,
Consul-General.
Mr. Antonio to Mr. Williams.
Office of Secretary-General,
Havana , March 4, 1895.
Sir: His Excellency the Governor-General, being informed of your communication of the 2d instant, referring to the arrest of Francisco Carrillo/has been pleased to order that you be advised, as I now have the honor of doing, that as according to article 7 of the law relating to foreigners of the 4th of July, 1870, not contradicted nor vitiated by the agreement of the 12th of January, 1877, between Spain and the United States, nor by the treaty of the 27th of October, 1795, every foreigner resident in the Island of Cuba, to be considered as such, must be inscribed in the register of the Government besides in that of the consulate of his nation, it becomes necessary in order to proceed with the remonstrance founded on his character of American citizen, that you accredit that the said individual has complied with the precepts of the said article 7 of the law of the 4th of July, 1870, of having presented for that purpose the certificate of his inscription in the register of foreigners, which till the decree of the 21st of December, 1880, was kept by this Government General, and from that date and by order of the said decree by the civil government of the provinces.
God guard you many years.
Mr. Williams to Mr. Antonio.
Havana , March 12, 1895.
Sir: Replying to your official communication of the 4th instant asking for certain information respecting Mr. Francisco Carrillo, an American citizen, I have the honor to inform you, as I manifested in my note presented to his excellency the 2d instant, that said individual was naturalized the 28th of December, 1891, by the court of common pleas of New York, and that his passport was issued to him by the Department of State of the United States, at Washington, the 29th day of December, 1891, under No. 34455, and viséed by the inspector of the Havana harbor police the 2d of January, 1892, with residence at 69 Campanario street, of this city.
God guard you many years.
Mr. Williams to Mr. Uhl.
Havana , April 22, 1895.
Sir: Referring to my dispatch, No. 2449, of the 14th ultimo, relating to the arrest of Mr. Francisco Carrillo, a citizen of the United States, at Remedios, on the 27th of February last, I now beg to inclose copies of two communications received from the secretary of the General Government with reference thereto, dated, respectively, the 20th and 27th ultimo, and to inform the Department that upon further inquiry by this consulate-general it now appears that Mr. Carrillo has omitted to take the precaution of inscribing himself in the register of foreigners in any provincial government of this island, apparently not knowing of the existence of the local law requiring such formality.
I am, etc.,
Consul-General.
Estanislao de Antonio to Mr. Williams.
Office of the Secretary,
Havana , March 20, 1895.
Sir: I have received your communication of the 12th instant, informing me that Mr. Francisco Carrillo was naturalized as a citizen of the United States on the 28th of December, 1891, and obtained a passport from the Department of State on the 29th of the same month and year, which was also viséed by the inspector of harbor police on the 2d of January, 1892, with the further statement that the party interested took up his residence at 69 Campanario street, and though viséed by the same office of the same inspection, yet the passport not proving that Mr. Carrillo has ever complied with the prescriptions of article 7 of the law relating to foreigners of the 4th of July, 1870, his excellency the Governor-General has been pleased to order that the regional government of the province of Havana be asked for information on the subject, supposing from what you say of his having been domiciled at No. 69 Campanario street that you referred to the street of that name in this capital, and taking it as an indication that if Mr. Carrillo has inscribed himself in the register of foreigners he may have verified it in the one kept by the province of Havana. By order of his excellency, I have the honor to communicate to you the above in reply to your said communication.
God guard you many years.
Estanislao de Antonio to Mr. Williams.
Office of the Secretary,
Havana , March 27, 1895.
Sir: The governor of the province of Havana reports on the 24th instant to this Government General as follows:
“Excellency: In compliance with your order of the 20th instant., I have the honor to inform your excellency that Mr. Francisco Carrillo does not appear as inscribed in the register of foreigners kept in this office.”
I have to communicate the above to you by order of his excellency, to the end that you may present evidence of Mr. Carrillo having complied with the prescriptions of article 7 of the law of the 4th of July, 1870, with reference to his inscriptions as a foreigner in the register of foreigners of some other civil government of this island, or that you please say in what provincial government you know or suppose the said-inscription was made, so that I may request the necessary certificate.
God guard you many years.
Mr. Williams to Mr. Uhl.
Havana , April 25, 1895 .
Sir: I have the honor to inform you that, in compliance with the cipher telegram of the honorable Secretary of State, of the 16th instant, I addressed a communication yesterday to his excellency the general in charge of captaincy-general, asking for the transfer of Mr. Francisco Carrillo from the military to the civil jurisdiction for trial, in accordance with the requirements of the agreement of the 12th of January, 1877, and entering at the same time the formal protest of the Government of the United States before the government of this island against any further delay in his transfer to the civil jurisdiction, protesting [Page 1226] alike against all the proceedings hitherto practiced or that may hereafter be practiced by the court-martial now trying him, because they are in clear contradiction of the said agreement between the two nations.
I am, etc.,
Consul-General.
Mr. Williams to the General in charge of Captaincy-General of Cuba.
Havana , April 24, 1895.
Excellency: In compliance with the instructions of my Government, I had the honor to address his excellency the Governor-General, on the 2d ultimo, respecting the arrest on the 27th of February last, at San Juan de los Remedios, of Mr. Francisco Carrillo, an American citizen, who was subjected, and still remains subjected, notwithstanding my petition for the inhibition, to the jurisdiction of the military authority, contrary to the agreement of the 12th of January, 1877, between Spain and the United States, which provides under article 1:
“That no citizen of the United States residing in Spain, her adjacent islands, or her ultramarine possessions, charged with acts of treason or conspiracy against the Supreme Government, or any other crime whatever, shall be subject to trial by any exceptional tribunal, out exclusively by the ordinary jurisdiction, except in the case of being captured with arms in hand.”
But inasmuch as this American citizen was not arrested with arms in hand in any attempt against the Supreme Government of Spain, therefore if there was any cause for his arrest he should have been committed for trial to a court of the civil jurisdiction, and never to a court-martial, as agreed between the Governments of the United States and Spain under the protocol of the 12th of January, 1877.
I have, therefore, in compliance with later instructions, to ask your excellency that this American citizen, Mr. Francisco Carrillo, be transferred to the civil jurisdiction for trial, as his excellency the Governor-General was pleased to order in the identical case of the other citizen, Mr. Julio Sanguily, arrested in this city on the 24th of February last; and also, by order of my Government, to enter its most formal protest before the Government of this island against any further delay of his transfer to the civil jurisdiction, as likewise to protest against all the proceedings hitherto practiced or that may hereafter be practiced by the court-martial now trying this American citizen, because they are in clear contradiction of the said agreement between the two nations.
I have, etc.,
Mr. Springer to Mr. Uhl.
Havana , May 3, 1895 .
Sir: With reference to the previous dispatches of this office, Nos. 2439, March 7; 2449, March 14; 2483, April 22, and 2490, April 25, relating to the arrest and imprisonment of Mr. Francisco Carrillo, I now have the honor to transmit a copy and translation of a communication received from his excellency the Governor Captain-General, dated the 29th ultimo, in which he states that by report from the auditor de guerra (law officer of the war department), to whom had been referred the official communication of this office, dated April 24 last, which asked for the delivery of Mr. Carrillo to the ordinary civil jurisdiction and protested against his further detention, it appears that Mr. Carrillo is not proceeded against under military jurisdiction, but, from data joined to a certain cause, No. 7220, which is being prosecuted in this place for rebellion, it [Page 1227] seems that he was arrested under what is known as an “orden gubernativa,” he being considered as a person dangerous to public order, and from the fact that all constitutional guaranties are now suspended.
From what I am able to learn, an “orden gubernativa” is nothing more nor less than the arbitrary exercise of the governing power, unlawful even as used against Spaniards, except under certain conditions and in circumstances like the present, when all constitutional guarantees are suspended, and therefore undoubtedly so in the case of American citizens.
The report submits further that his excellency could reply to the consulate in no other terms but declare that the military jurisdiction in this specific case was not bound to abide by the terms of the agreement of May 29, 1877 (January 12, 1877), as it is not a question of an American subject (citizen) proceeded against militarily, and expects that the consulate will be satisfied with this information regarding Mr. Carrillo’s situation. The report as submitted is approved by his excellency and transmitted to this office.
But as this office can not, in view of the instructions it has received from its Government, be satisfied with such an answer to its formal protest, I addressed another communication to the Governor-General, reiterating the substance of the previous one of the 24th of April, and asked that whatever may be the grounds of Mr. Carrillo’s arrest, he should be subjected to the civil jurisdiction, according to the said agreement, which, as an international law, is superior to any local law which tended to impair the rights of American citizens. If guilty lie should be punished, or released if so entitled to be, without any further delay so prejudicial to his personal interests and the principle of equity established by the said agreement.
I am, etc.,
Vice Consul-General.
Office of the Chief of Staff,
Havana , April 29, 1895.
Sir: Having referred to my solicitor of war (auditor de guerra) your communication dated 24th instant, in which you ask for the delivery of the American citizen, Mr. Francisco Carrillo, to the ordinary civil courts, said functionary has submitted his opinion thereon as follows:
“Excellency: In view of the communication which the consulate-general of the United States has addressed to your excellency, claiming the delivery to the ordinary civil courts of the American citizen, Mr. Francisco Carrillo, the undersigned, taking into account the protest contained in said document, respectfully submits:
“That it does not appear that Mr. Francisco Carrillo is proceeded against by military jurisdiction, but that in fact, as appears from the data united to cause No. 7720, which is being prosecuted in this place for rebellion, he was arrested govern-mentally by the superior authority of this island, believing him to be dangerous to public order, and in virtue of the suspension of the constitution guaranties, your excellency not being able to reply in any other terms than to declare that the military jurisdiction is not constrained in this particular case to abide by the conditions of the agreement of the 29th of May, 1877 (12th of January, 1877), as it is not a question of an American subject (citizen) being proceeded against militarily. The American consulate being thus well informed of the situation of Mr. Carrillo it is to be expected it will consider its communication as answered, and the interests which it represents completely satisfied.”
And having agreed with said opinion, I have the honor to transmit it to your honor for your knowledge, for the purpose indicated, and in reply to your aforesaid communication.
God guard you many years.
Mr. Springer to Governor-General of Cuba.
Havana , May 2, 1895.
Excellency: In view of the contents of your excellency’s communication dated 29th ultimo, from which it appears that the American citizen, Mr. Francisco Carrillo, whose delivery to the courts of ordinary civil jurisdiction, in conformity with the agreement between the United States and Spain of 12th January, 1877, has been asked for by this consulate-general, is not held subject to the military jurisdiction, but detained under a gubernative order (orden gubernativa) of the superior authority of this island, considering him dangerous to public order, and by reason of the fact that the constitutional guaranties are for the present suspended, I now have the honor to again appear before your excellency to ask, as was done in the previous communication of this office, dated the 24th ultimo, that inasmuch as the said Mr. Francisco Carrillo is a citizen of the United States, whatever may be the ground of his detention, his fault may be expiated in accordance with the said agreement, by the civil courts of ordinary jurisdiction, as the extent of said agreement as an international law is superior to any other local law whatever tending to impair the rights reserved by said agreement in favor of American citizens.
Therefore, and in obedience to the instructions received of my Government, I am obliged to reiterate to your excellency the contents of the before-mentioned communication of this office of the 24th April, asking that the American citizen, Mr. Francisco Carrillo, shall be as soon as possible subjected to the ordinary civil courts, and his peculiar situation of arrest under a governmental order shall cease, in the understanding that he shall be punished if guilty, but released if thereto entitled, without any further delay, so prejudicial to his personal interests and the principle of equity established by said agreement.
God guard your excellency many years.
Vice-Consul-General.
Mr. Springer to Mr. Uhl.
Havana , May 31, 1895 .
Sir: I beg to advise and confirm my telegram of to-day, reading:
Assistant Secretary of State, Washington, D. C.: Carrillo sailed yesterday for New York by Spanish steamer Panama.
Springer, Vice Consul-General.
In the full conviction that Mr. Carrillo was to sail by the Vigilancia, I closed my dispatch and forwarded it by the pouch leaving on said steamer, and boarded her late in the afternoon, just previous to her sailing, and then learned that Carrillo was on board the Panama, a Spanish steamer, also bound for New York.
I passed alongside this steamer on my return to the shore, and Mr. Carrillo hailed me and said he had been brought aboard by the police. On account of the late hour, 6.30 p.m., a high wind, and heavy sea, I did not stop.
I learned this morning from Carrillo’s brother, who saw him off yesterday, that the Government sent an inspector of police and two guards to take him on board the Spanish steamer, as it was expected he would make resistance. The, chief of police was also on board. Carrillo offered no resistance whatever, but expressed some surprise that the Government should change his steamer and provide him with a first-class passage ticket after it had been arranged, as he supposed, that he was to take passage at his own expense on board of the American steamer Vigilancia.
This action on the part of the Government bears out the fact of his deportation.
I am, sir, etc.,
Vice-Consul-General.