Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State
Mr. Taylor to Mr. Olney.
San Sebastian , September 8, 1896 . (Received Sept. 28.)
Sir: On the 26th ultimo I had the honor to receive from the minister of state the inclosed rejoinder in the case of Delgado, which I herein send you, with translation. I at once made a prompt and decided response, in which I insisted upon the reclamation as originally made. A copy of such response is herein inclosed for your consideration; and I now await your further instructions.
I am, etc.,
The Duke of Tetuan to Mr. Taylor.
San Sebastian , August 21, 1896 .
Excellency: In due time I had the honor to receive your excellency’s polite note of the 4th instant relative to the Delgado claim, in answer to one which I addressed to you on the 30th of last June upon the same subject.
I am glad to see that your excellency does not insist upon the supposed insults made by General Melguizo to the consular representative of the United States in Habana, which fact, if true, would have been very much regretted by the Government of His Majesty, and which, indeed, appears disapproved by the very statements of the general and of those who were near him when the prisoners approached, including Pino, who declared that he heard nothing of what has been stated in this particular by Delgado, the only one who makes such a charge.
I am also glad that your excellency, justly considering as secondary all the other points of detail, the inexactitude of which at least in my judgment is fully demonstrated, takes up and points out as the main fact, which your excellency calls corpus delicti, that which took place when, as Delgado says, he was wounded and left for dead at the foot of a stone wall; because that simplifies the analysis of the question and makes it easy to clearly examine what occurred, according to the reports of both sides, in the terms of friendliness and justice which animate both Governments, in order to act with justice.
Upon that basis I entertain the hope that the new proofs and arguments with which I intend to amplify those which I had the honor to transmit to you in my note of the 30th of June last will banish the surprise and regret which their reading caused in your excellency’s mind, and that you will then recognize that my conviction in regard to the inculpability of the Spanish troops in the injuries and sufferings for which Delgado claims is justified.
My conviction is not based upon theories or suppositions more or less founded, as your excellency indicates. It is based, as you will immediately appreciate, upon definite assertions of several of the Spanish officers and soldiers who, with Delgado, were in the rear guard of the Melguizo column. These are Sergt. Ricardo del Valle, cited by Pino; Corpl. Juan Perez Menendez, and volunteer soldiers José Montelio, Evaristo Gonzales Vega, Elias Madonez Peña, and Gregorio Rodriguez. Their depositions, which I inclose, fill the vacant space which your excellency noted, and were not inclosed in my previous note, so as not to delay my answer by reason of the excessive labor which their copying represented, and because they are mentioned in the resume of the judge instructor and the report of the auditor, which I had the honor to inclose in my above-mentioned note.
These witnesses unanimously declare under oath that the prisoners were not maltreated, wounded, or killed by the column forces, and that they are not aware of what became of them (the prisoners) when, on account of the sudden attack of the insurgents against the rear guard, they had to attend to answering the fire and to separate in order to save their lives. The majority of the deponents suppose that they passed themselves to the insurgent ranks, but, as you well see, all of them agree in affirming that no harm was done to the prisoners by the Spanish troops.
[Page 623]Therefore, the facts as narrated by Delgado and Pino are terminantly and explicitly corrected by those who in those moments were with them in the rear guard.
We, therefore, Mr. Minister, find ourselves confronted by depositions wholly opposed between themselves; and, in view of this radical difference of testimonies, I hope that your excellency, with your spirit of justice and clear judgment, will understand that it is not possible that His Majesty’s Government should give greater value to the statements of Delgado and Pino than to what several worthy members of the Spanish army have deposed and maintained. In my note of June 30 I had the honor to say to your excellency that if the depositions of the Spanish soldiers and officers could be accused of partiality, the same charge could be made against Delgado and Pino, who are interested parties and who claim undue indemnities. If there should be the testimony of a third party who should be neither the claimants who call themselves prejudiced, nor those against whom the claim is made, then it would be possible to discuss and appreciate the greater or less value to be given to that testimony. But such as the matter is presented it is only possible to appreciate the facts as presented, considering their moral force and their most reasonable presumptions.
In this point your excellency will permit me to contradict your assertion that the facts as presented by Delgado are in accordance with human experience. His narrative is so grave that only by a miracle could he have saved his life. It does not seem credible and, therefore, human, that in the midst of the cruel pains which his wounds must have caused him, he could keep full consciousness in order to follow minutely the position of the soldiers and to keep in memory even the words which they pronounced. Much less does it seem human and credible that, during those moments of anguish and terror as described by Señor Delgado, he should have sufficient presence of mind to consider the advantages of feigning himself dead and, availing himself of his medical knowledge, to stretch his muscles to rigidness so as to bear the appearance of a corpse. It is also strange that his muscles answered the command of his will, in spite that his right leg had been pierced by a bullet which had also injured the neck of the femur. It is no less extraordinary that a soldier having proposed to dispatch Delgado with a machete blow, as the latter supposes, he could not succeed in his purpose, although Delgado, still feigning death, did not offer the least resistance, and that the instinct of self-preservation should not compel him to make some movement so as to avoid the blow.
Attention must be called also to the fact that these facts do not appear to have been related during the first moments of agony, but on the contrary, the date of his first deposition before the United States consul at Habana proves that they were related fourteen days afterwards.
Your excellency will also allow me to refute your argument that Delgado’s statement is totally true or that it is a malicious and wicked falsehood from beginning to end. Undoubtedly your excellency, in making the first statement, bases it upon the true fact of the wounds received by Delgado and of which he was cured at Habana. It might well have happened that while some of the events related by Delgado were true the others were not true, and that taking for a basis a public and notorious event, as is the battle which took place on March 4 in the Dolores or Morales estate, a story should be made afterwards which might not contain the whole truth of what took place, and that Delgado’s wounds were caused by the volleys unexpectedly fired by the insurgents against the rear guard of General Melguizo’s column, and then [Page 624] pretend to compensate that misfortune by trying to obtain some profit in favor of his interests.
No matter how great a value the Government of the United States gives to the statements of Delgado and Pino, that of His Majesty hopes that it will not pretend that those statements are sufficient to destroy those which, in the same manner and under oath, were made by several Spanish soldiers, so much so that the difference between the statements of Delgado and Pino upon points which your excellency considers as secondary, evidently shows that they have not related the facts with accuracy and truthfulness.
It is necessary to bear in mind that the said Delgado is a Spaniard by birth, son of a Spaniard, that he has been residing during the last nineteen years without interruption in Spanish territory, wherein he has his goods and interests, and, notwithstanding, he has declined his original nationality, thereby evincing little love for the country wherein he was born. A change of nationality is not at all strange when the party lives in another country, and when it acquires interests and family ties in a foreign soil, but it is strange indeed, and it predisposes our mind against the party in question, when, without those motives, the ties of nature are broken and substituted by other fictitious ones created by law, even when referring to so worthy and respectable a citizenship as the American one. Under these conditions, and as the Washington Government is not ignorant of the motive which impels certain Cubans to acquire by naturalization the American citizenship, it will not think it strange if that of His Majesty finds some motive to suspect that the claimant pretends to use his new citizenship for the purpose of claiming unjustified indemnities.
Neither was Delgado’s arrest by Captain Villanueva in the estate of Morales or Dolores an act against right, since the Spanish troops met resistance there, and during those moments of fight it was not possible to stop to find out whether the individual in question, although a Spaniard by birth, as shown by his speech and his family name, was an American by naturalization. His disappearance from the keeping of the Spanish troops is also justified by the fact that on account of the surprise of the rear guard—in which fact all agree, officers, general, chiefs, and soldiers—it became necessary to look after individual safety, even at the cost of losing all that might hinder defense. This occurrence is frequently repeated on both sides during insurrection like that which unfortunately exists in Cuba, and even in regular battles of greater importance.
His Majesty’s Government hopes that after your excellency and the Government of the United States shall have carefully examined the documents accompanying this note, both your excellency and your Government will modify your opinions of the Delgado claim, and that, being convinced of the friendly spirit which animates all the acts of His Majesty’s Government toward the great North American Republic, you will recognize the decisive character of the explanations given in this matter. However, should the United States Government think that some new and more ample information is necessary to make the facts clearer and more precise, or if it wished to add some more data to illustrate the subject, that of His Majesty is disposed to order the former to be obtained and to receive and examine the latter, because it is inspired by no other sentiment and has no other purpose than that of acting with justice and equity.
I avail myself of this opportunity to renew to your excellency the assurances of my highest consideration.
Statement of Sergeant Ricardo Gonzalez del Valle y Orta.
At Havana, and on the twentieth day of the month of May of the year one thousand eight hundred and ninety-six, appeared before the judge instructor, and me the secretary, the witness named in the margin, who was informed of the purpose of his appearance, of his duty to say the truth, and of the penalties incurred by false witnesses; after which he delivered oath according to his rank, by which he promised to answer the truth to the best of his knowledge to all questions which should be put to him. To the general questions of the law and art. 453 of the Code of Military Justice, he said: My name is Ricardo Gonzalez del Valle y Orta; am of twenty-one years of age, single, a merchant, resident of Jaruco, and at present sergeant in the flying squad of Jaruco volunteers; and asked if on the 4th of March last he formed a part of the column under the command of General Melguizo, he said: Certainly; on said day I was in the column of General Melguizo, and in the vanguard of the same; and
Asked if on that day the column had any encounter with insurgent forces, where, and if, as a result of that, any prisoners were made, and if so whether any incident took place with them, and also if he knew them and who they were, he said that the column had an encounter in the estate Morales or Dolores with insurgent bands said to be those of Maceo and Zayas; that when the firing ended and while examining the field the deponent observed that Captain Villanueva, with some other volunteers, was bringing some prisoners, whose number he does not remember but thinks was about 7 or 8, in the direction of the column; that he incorporated himself to the group and went with the prisoners to the general; before we came up to him I heard a voice saying “to the rear;” then we went to the rear with the captain and the prisoners; being already there, and all of ns between a fence and a cane field, suddenly we received 2 or 3 volleys and heard cries of “al machete,” so we immediately supposed we were being attacked from behind by the insurgents; the captain ordered us to retreat while firing; we did so, and met some force which was coming to our assistance, but all had to come out from where we were because we were surrounded by the cane fields set on fire. After that we added ourselves to the column, and I don’t know what the prisoners did, who I suppose escaped; that I don’t know them or who they were, though I think I remember that one of them was a certain Delgado, whom I knew by sight; and
Asked if he knows if said individual was afterwards wounded, and why, and by whom, he said that he knows nothing about it, because he is not even aware of his whereabouts; and
Asked if he knows if either Delgado or any of the other prisoners was maltreated by act or word from any individual in the column, he said that while they were in the column none of its individuals maltreated them in any way.
At this point the judge considered this deposition as ended, informed the witness of his right to read it; he did so, affirmed and ratified its contents and signed it, together with the judge instructor and me the secretary, who certify.
- Ricardo G. Del Valle.
- José Araoz.
- Anselmo Carpintier.
A true copy.
Statement of Corporal Juan Perez Menendez.
At Havana and on the 21st day of May of 1896, appeared before the judge instructor and present secretary the witness named in the margin, who was informed by his honor of the purpose of his appearance, duty to say the truth, and penalties incurred by false witnesses; after which he delivered the proper oath by which he promised to say the truth as best he knew in all he should be asked. To the general questions of the law and of article 453 of the Code of Military Justice, he said: My name is Juan Perez Menendez, am of age, married, and a corporal in the flying squad of mounted volunteers of Jaruco; and
Asked if, on the 4th of March last and while in the column of General Melguizo, he was present at any encounter with insurgent forces, and if so, where did the encounter take place, he said: On that day, and being under the orders of Captain Villanueva, I formed part of General Melguizo’s column, in whose vanguard I was; on said day we had an encounter with insurgent forces at the Morales or Dolores estate; and
Asked if, on that day and as a result of the encounter, any prisoners were made [Page 626] and what were their names, he said: That while examining the estate and surroundings several prisoners were made, whose number he does not remember, and whose names he does not know; and
Asked if he knew if any order was given with regard to said prisoners he said: He believes none, because they were taken to the rear, in order to take them with the column; and
Asked if he knows that said prisoners were maltreated, wounded, or killed by forces of the column, he said that until the moment they disappeared—that is to say, as long as they were with the column—the prisoners were not maltreated, and much less wounded or killed by anybody in the column; and
Asked why and how did said prisoners disappear, he said: “A little after arriving with them to the rear, and when we were between a fence and a cane field ready to march, we were attacked by numerous enemies, who, with great cries, fired volleys at us. At the same time we were aware of the great danger of getting scorched, because they had set the cane fields around us on fire. For this reason we had to hastily abandon the place, under a shower of bullets, and half choked by the dense smoke which enveloped us. The same thing had to be done by some force which came from the column to our assistance, undoubtedly on hearing the enemy’s volleys; that owing to this haste and confusion the prisoners disappeared, and I don’t know their whereabouts.”
Asked if afterwards he has heard to say that some of them were wounded or injured, he said that as he did not know them by name or otherwise he can say nothing about them, and does not know if afterwards they were wounded or not by the insurgents.
At this point the judge considered this disposition as ended, informed the witness of his right to read it; the latter did so, affirmed and ratified its contents and signed it, together with the judge instructor and me, the secretary, who certify.
- José Araoz.
- Juan Perez.
- Anselmo Carpintier.
A true copy.
Statement of Soldier José Montelio.
At Havana, and on the twentieth day of the month of May of the year one thousand eight hundred and ninety-six, appeared before the judge instructor and present secretary the witness named in the margin, who was informed by his honor of the purpose of his appearance, of his duty to tell the truth, and of the penalties incurred by false witnesses; after which he made the proper oath, by which he promised to answer truly and as best he knew to all questions put to him. To the general questions of the law and art. 453 of the Code of Military Justice he said: My name is José Montelio Mendez, am of legal age, single, and at present a volunteer in the flying cavalry of Jaruco; and
Asked if on the 4th of March last he was in the column under the command of General Melguizo, and if on that day any encounter with the insurgents took place and where, he said: On the 4th of March I was in the column commanded by General Melguizo, and was in the vanguard with my captain, Don Augusto Villaneuva. On that day we had an encounter with insurgent forces in the estate Morales or Dolores. They said that the forces were commanded by Maceo; and
Asked if during the encounter any prisoners were made, and if so who were they and if any incident took place with them, and to say as plainly as possible all he knows, he said: After the fight we went to examine the house and surroundings of the estate Morales, from which place we were fired at. Then we made 7 or 8 prisoners, whom I don’t know by name or by sight; and the captain ordered us to take them with him to the general, who I believe ordered them to the rear, so as to go with the column, because we had not yet come to his presence when the captain told us to go with the prisoners to the rear, where we went; and a very short time after being there we received several volleys and heard a great noise of voices and of many people coming upon us; so the captain ordered us to retreat and fire, for the enemy had attacked us with a great force. A great firing ensued, in which I received a great blow in my left shoulder, which prevented me during 3 or 4 days from doing service. We were retreating in a great haste, for if we stayed there we would be burned being surrounded by the cane fields on fire. For the same reason the force which came from the column to our help could not hold the ground either. Shortly afterwards I was informed that the prisoners had disappeared; so I believe they went with the insurgents, for nothing more was heard about them.
Asked if he has not heard to say that some of the prisoners appeared wounded afterwards, and if he believes that some individual in the column wounded them, he [Page 627] said: I have heard nothing said, but I am sure, as I was guarding them, that no one of the prisoners has been wounded or anything like it.
Asked if before being conducted to the rear guard he heard that somebody maltreated them by word or act, he said: That no words passed with them, so no maltreatment could take place.
At this point the judge gave this deposition as ended, informed the witness of his right to read it; the latter did so, affirmed and ratified its contents and signed it, together with the judge and me, the secretary, who certify.
- José Araoz.
- José Montelio.
- Anselmo Carpintier.
A true copy.
Statement of Soldier Evaristo Gonzalez Vega.
At Havana, and on the 20th of May, 1896, appeared before the judge instructor and me, the secretary, the witness named in the margin, who was informed by his honor of the purpose of his appearance, of his duty to say the truth, and of the penalties incurred by false witnesses, after which he delivered the proper oath by which he promised to answer the truth to all questions put to him. To the general questions of the law and art. 453 of the Code of Military Justice he answered: My name is Evaristo Gonzalez Vega; am twenty-one years of age; single, and at present a volunteer in the flying cavalry body of Jaruco; and
Asked if on the 4th of March last he was present, with the column of General Melguizo, at an encounter with the insurgents, and where, he said: On that day, I being in the vanguard of the column of General Melguizo, we had an encounter with the insurgents, among which they said Maceo was. That encounter took place in the estate Dolores; and
Asked if during that occurrence any prisoners were made and what were their names, and if any incident took place by which they were wounded or maltreated, he said that it was true that in the dwelling house and in the surroundings of the estate Dolores we made a few prisoners, I think seven or eight, none of whom I knew by sight or otherwise, for I had never seen them. We took them toward General Melguizo, and passing near him I heard somebody say to the rear. Therefore we took the prisoners there. We had hardly arrived when, after a short moment, we heard a great firing, the noise of horses and men, and at the same time the smoke produced by the cane fields on fire choked us, for which reason Ave were told to retreat hastily and firing against the enemy who, taking advantage of the small force and of our position, was strongly attacking us, while we could only attend to get off immediately from the fire which threatened to surround us. This had to be done also by the force which came to our assistance on hearing the volleys. The prisoners, undoubtedly taking advantage of this confusion, went away, and I don’t know what direction they took, for, as I have said, we had barely time to get free from the fire; that the prisoners were not maltreated in any way until the moment we were attacked, and that afterwards I have heard nothing about them.
At this point the judge considered this deposition as ended, informed the witness of his right to read it, affirmed and ratified its contents after doing so, and signed it, together with the judge instructor and me, the secretary, who certify.
- Evaristo Gonzalez Vega.
- José Araoz.
- Anselmo Carpintier.
A true copy.
Deposition of Soldier Elias Madonez Peña.
At Havana, and on the 20th of May, 1896, appeared before the judge instructor and present secretary the witness named in the margin, who was informed by his honor of the purpose of his appearance, of his duty to tell the truth, and of the penalties incurred by false witnesses, after which he delivered the proper oath, by which he promised to answer the truth to the best of his knowledge to all questions which should be put to him. To the general questions of the law he answered: My name is Elias Madonez Peña; have passed majority of age; am single, and at present a volunteer in the flying squad of Jaruco; and
Asked if on the 4th of March last and being in the column of General Melguizo he [Page 628] was present at any encounter with insurgent parties, he said: On said day deponent was in the vanguard of the column commanded by General Melguizo, and on said day we had an encounter with the insurgent forces commanded by Maceo, which took place in the estate Morales or Dolores; and
Asked if any prisoners were made by the column and what were their names and number, he said: In the dwelling house of the estate and in the surroundings seven or eight prisoners were made, but I don’t know them or their names; and
Asked if he knows if any of the prisoners were maltreated by word, killed, or wounded by any individual in the column, he said that they were neither maltreated nor killed nor wounded by anyone of the column, and that he knows nothing about that or anything else; and
Asked if he knows if any chief or officer of the column gave any order regarding those prisoners, he said that he heard no other order than that of taking them to the rear, in order to take them with the column, as always happens, and that he supposes that the order was given by the general, for I believe I remember it was his voice which said “To the rear” when we were passing by with the prisoners; and
Asked if he knows where those prisoners are, he said: I don’t know, for a short time after we were in the rear the insurgents came down upon us. First they began to lire at us, and then to cry “Up, and at them,” and other things, so that, in view of this sudden attack and of the great number of the enemy, and then being half choked by the smoke produced by the cane fields on fire, and that we were running the risk of not being able to come out, we had to retreat hastily, firing at the same time, to such a point that the force which came to our assistance on hearing of the attack upon us had to retreat also, for the fire did not permit to do anything else; that on account of this we had to abandon the prisoners, about whom I heard nothing more.
At this point the judge considered this deposition as ended, informed the witness of his right to read it, which the latter did, affirmed and ratified its contents and signed it, together with the judge instructor and me, the secretary, who certify.
- José Araoz.
- Elias Madonez.
- Anselmo Carpintier.
Statement of Soldier Gregorio Rodriguez.
At Havana, on the 21st of May, 1896, appeared before the judge instructor and me, the secretary, the witness named in the margin, who was informed by his honor of the purpose of his appearance, duty to tell the truth and penalties incurred by false witness; then he delivered the proper oath, by which he promised to answer the truth as best he knew to all questions which should be put to him. To the general questions of the law and art. 453 of the Code of Military Justice, he said: My name is Gregorio Rodriguez; of 21 years of age; single, and at present a volunteer in the flying squadron of Jaruco; and
Asked if on the 4th of March last he formed a part of General Melguizo’s column, and if on that day any encounter with insurgent forces took place and where, he said: On that day I was in the vanguard of the column of General Melguizo, and we had a fight with the insurgents in the estate “Dolores,” the insurgents being commanded by the Chief Maceo; and
Asked if on that day any prisoners were made, and if so, to say their names, he answered: A few prisoners were made, but I don’t know them or their names; and
Asked if he does not remember that he rode into the dwelling house of the estate Morales and made in it several prisoners, amongst them Don José Manuel Delgado, he said: I have not gone into any house, either on foot or on horseback; I was on horseback only during the fight and when we went to take the prisoners who were made, some on the surroundings and some in the manigua; and
Asked if he knows where those prisoners are, he said: I do not know where they may be, but I believe they went with the insurgents; and
Asked to explain why he believes they went with the insurgents, he said that after the individuals were made prisoners they were taken to the column; there the general ordered them to the rear, for when we were passing by with the prisoners he said “To the rear.” A short time after we arrived there, and between a fence and a cane field, there came forth a volley of shots and a big yelling from the insurgents, who had attacked us from behind and in the midst of a fire, because they had set the cane fields on fire. In this scrape I received a wound in my left eye and eyebrow which made me almost dumb, for I fell flat on the ground and lost consciousness. Afterwards I learned that the prisoners had escaped.
[Page 629]At this point the judge instructor considered this deposition as ended, informing the witness of his right to read it, which the latter could not do because he did not know how, affirmed and ratified its contents after having been read to him by me, the secretary. He did not sign it for the same reason, and it was signed by the judge and secretary who certify.
- José Araoz.
- Anselmo Carpintier.
A true copy.
Mr. Taylor to the Duke of Tetuan.
San Sebastian , August 27, 1896 .
Excellency: I have the honor to acknowledge the receipt of your courteous note of the 21st instant which, with the additional depositions of six witnesses taken in the case of Dr. José Manuel Delgado, has been carefully analyzed and considered by me.
It becomes my duty to inform you in the first place, that my note of the 4th of July, whose receipt you have acknowledged, was prepared after a most careful and laborious examination of the evidence originally presented in this case by the Government of His Majesty. The conclusion which I reached after such examination was clear and definite. In order, however, to strengthen myself in the position which I thus assumed, I forwarded to Washington your original note of June 30, inclosing the evidence originally presented together with my note in reply, of July 4, stating that the Government of the United States could not admit that such evidence impaired in any material particular the case as originally presented in behalf of Delgado. I have now the honor to inform you that my Government, after careful review of the whole matter as thus presented, has informed me that the conclusion which I have stated to you in my note of the 4th ultimo has received its cordial approbation. It is therefore safe to assume that the claim which I have made in the name of my Government in behalf of Delgado in my said note of the 4th ultimo is final and irrevocable. Therefore, the only question which I now consider open for discussion so far as I am concerned is whether or no the supplementary evidence which you have submitted in your last note of the 21st instant is sufficient, when taken in connection with the evidence originally submitted, to reverse or modify the conclusion already reached by my Government upon the original evidence alone.
The supplementary evidence now to be considered consists of the depositions of Sergt. Ricardo del Valle, Corp. Juan Perez Menendez, and soldiers Jose Montelios, Evaristo Gonzalez Vega, Elias Madonez Pena, and Gregorio Rodriguez. Sergt. Ricardo del Valle declares, “I don’t know what the prisoners did, who I suppose escaped; that I don’t know them or who they were, though I think I remember that one of them was a certain Delgado, whom I knew by sight.” Corp. Juan Perez Menendez says that “owing to the haste and confusion the prisoners disappeared, and I don’t know their whereabouts.” As he did not know them by name or otherwise, he can say nothing about them, and he does not know whether, afterwards, they were wounded or not by the insurgents. Soldier Jose Montelio, after giving a general description of the attack upon the column, says: “Shortly afterwards I was informed that the prisoners had disappeared, so I believe they went with the insurgents, for nothing more was heard about them.” Soldier Evaristo G. Vega [Page 630] says, after describing the attack, “the prisoners, undoubtedly taking advantage of this confusion, went away, and I don’t know what direction they took, for, as I have said, we had barely time to get free from the fire; but the prisoners were not maltreated in any way until the moment we were attacked, and that I have heard nothing about them.” Soldier Elias Madonez Pena, after giving a general description of the attack, concludes by saying that “on account of this we had to abandon the prisoners, about whom I have heard nothing more.” Soldier Gregorio Rodriguez, upon being asked what became of the prisoners, says: “I don’t know where they are, although I believe they went with the insurgents, * * * Afterwards I learned that the prisoners had escaped.”
After a careful examination of this supplementary evidence now submitted by your excellency, I perfectly understand why you did not consider it of sufficient weight or importance to be offered by you as a part of your original case. I entirely agree with your original idea that this supplementary evidence carries with it no weight whatever. It is simply a repetition by six more witnesses of the declarations so repeatedly made by those who have deposed upon the part of His Majesty’s Government to the effect that they knew no facts which support the theory upon which your excellency has attempted to defend those who participated in the cruelties inflicted upon Delgado. In my note of the 4th ultimo I took occasion to impress upon your excellency’s mind the fact that the theory advanced by you that Delgado was wounded by the insurgents during the attack made by them upon the Spanish troops by whom he was held prisoner is not supported by the deposition of a single witness. That statement I now repeat after a careful examination of the supplementary evidence.
In the six depositions which you now present the theory was advanced by each witness that Delgado was wounded by the insurgents during the attack, but no single witness who pretends to have been present at the time dares to swear that any such thing in fact happened or that he saw or even heard of any wound or wounds being thus inflicted upon Delgado. Why is it that if any wound was thus inflicted upon Delgado that no one of this host of witnesses who pretend to have been present at the time should have witnessed the event? On the other hand, I desire to remind you again that no one of the witnesses whom yon have examined has contradicted in any material particular the real transaction as described by the victims, Delgado and Pino. And here I must resolutely refuse to accept your excellency’s theory that the account of the real transaction as given by Delgado is contrary to human experience. Upon the contrary, I hold that what Delgado says he did was exactly what such a man would have been expected to do under such circumstances.
I now desire to call your excellency’s attention to the grave mistake in which you have fallen when you say, “I am glad to see that your excellency does not insist upon the supposed insults made by General Melguizo to the consular representative of the United States in Habana, etc.” I purposely ignored this incident as subordinate and collateral because your excellency had seen fit to treat it as the gravamen of the case. I did so in the hope of clearly impressing upon your mind the fact that the real case to be discussed consists of the cruelties inflicted by Spanish soldiers upon the person of Delgado at the stone wall and not of insults offered by General Melguizo to a consul of the United States. I am sorry to say that information which comes to me from reliable sources as to the character and antecedents of General Melguizo fully justify the belief that he is perfectly capable of all the wrongs that [Page 631] have been imputed to him. I pray, therefore, that you will not understand that I doubt the statement made by Delgado as to the insults offered by General Melguizo to the consul of the United States. However that may be, I do not intend that the real question at issue shall be obscured by a discussion of that subordinate incident.
I regret to see that your excellency has invited a discussion as to the motives of those Spanish subjects in Cuba who have considered it necessary for their welfare to place themselves under the protection of the flag of the United States. It would not be easy for me to set forth reasons for that course upon the part of many who were born upon Cuban soil without reviving incidents in the sad history of that island during the last twenty years, which would certainly wound sensibilities which at this moment should not be excited. Certainly so far as Delgado is concerned you are seriously in error in intimating that he has not lived upon the soil of the United States for a sufficient length of time to warrant the idea that the citizenship which he now bears was not honorably and legally acquired. Although I have not at this moment all the original evidence at Madrid before me, my recollection of it is very clear to the effect that Delgado has actually resided upon the soil of the United States for ten or twelve years. But as you have not seen fit to attack the legality of his naturalization directly, so as to put that fact in issue, J can not undertake to discuss a point which you have virtually admitted. To this naturalized citizen of the United States its Constitution and laws guarantee the same protection as if he were native born. Therefore, in the name of my Government, I repeat to you, in the face of all that has been said, the original claim made in his behalf, and as the cruelties and indignities to which he was subjected under the commands of officers of His Majesty, in violation of the law of nations, were of a most revolting character, it is confidently expected that the reparation to be made will be both prompt and adequate.
I avail, etc.,