Mr. Olney to Mr.
Taylor.
Department of State,
Washington, October 21,
1896.
No. 592.]
Sir: I inclose copy of dispatch, No. 167, of
the 7th instant, from the consul-general at Habana, setting forth the
arrest and detention [Page 646]
“incomunicado” (contrary to the provisions of the protocol of 1877) by
the military authorities at Cienfuegos of an American citizen, Antonio
Suarez del Villar.
This is sent to supplement the Tolon case, and to show the difficulty the
consul-general finds in presenting remonstrances well grounded as to
facts and law.
I am, etc.,
[Inclosure in No. 592.]
Mr. Lee to Mr.
Rockhill.
United States Consulate-General,
Habana, October 7, 1896.
No. 167.]
Sir: With respect to the Department’s
instruction No. 99, of September 22, and inclosures, from the
vice-consul at Cienfuegos, relative to the arrest of Antonio Suarez
del Villar, a citizen of the United States, 1 transmit herewith for
the information of the Department a copy of a communication I
addressed to the Governor and Captain-General on the 3d instant and
his answer thereto.
I am, etc.,
Fitzhugh Lee,
Consul-General.
[Subinclosure 1 to inclosure in No.
592.]
Consulate-General of the United States,
Habana, October 3, 1896.
His Excellency the Governor
Captain-General of the Island of Cuba.
Excellency: I have the honor to call your
attention to the arrest of Mr. Antonio Suarez del Villar, a citizen
of the United States, at Cienfuegos.
Mr. Casanova, the vice-consul at that place, addressed a
communication on the 10th of September to the general in chief of
the second army corps, asking that this citizen be given all rights
he is entitled to under the protocol of the 12th of January, 1877,
between Spain and the United States.
To this General Pin replied by referring him to your excellency as
the superior authority, because, as he said, he had no jurisdiction
in the matter.
This citizen was at the date of the report of the vice-consul,
namely, September 12, still “incomunicado,” in which condition he
has been kept up to said date, seven days. This is contrary to
existing laws and treaties, unless in the position you have assumed
that a state of war or siege suspends them.
My Government insists that your position in this matter can not be
maintained; that the question has already been settled by
precedents, and that no state of war or proclamation of martial law
can deprive American citizens of the rights now possessed in
accordance with treaty stipulations.
I am further instructed to ask that the vice-consul at Cienfuegos be
recognized in the enjoyment of all rights of local complaint granted
to the “consuls of the most favored nation, and. in particular to
those of Germany.”
I take this opportunity, etc.,
Fitzhugh Lee,
Consul-General.
[Subinclosure 2 to inclosure in No.
592.—Translation.]
Army of the Island of Cuba,
Captaincy-General,
Office of the Staff,
Habana, October 5,
1896.
To the Consul-General of the
United States, present.
Sir: As soon as I was notified that Mr.
Antonio Suarez del Villar, of Cienfuegos, and arrested according to
my information for just cause, alleged his citizenship of the United
States of America, I ordered the transmission to this city of the
proceedings instituted in order that in view thereof and subsequent
to the proper steps, as provided by our laws, I may decide
accordingly, which proceedings can not possibly be waived, to the
end that the clauses of the protocol of the 12th of January, [Page 647] 1877, may be applied to
those entitled to same, and that the resolutions adopted in
consequence should have due legal force.
I have the honor to inform you as above as an answer in part to your
communication of the 2d instant.
God guard you many years.
