Mr. Taylor to Mr. Olney.

No. 589.]

Sir: I have the honor of submitting for your consideration a note, with translation, lately received from the Spanish Government concerning the case of Manuel Fernandez Chaqueilo.

Awaiting your further instructions, I am, etc.,

Hannis Taylor.
[Inclosure in No. 589.—Translation.]

The Duke of Tetuan to Mr. Taylor.

Excellency: By your kind note of the 19th instant I have been informed of the telegram sent to you by your Government relative to the proceedings followed in Cuba against the naturalized American Manuel Fernandez Chaqueilo. As this ministry has no information upon the subject, with this date I ask my colleague, the minister of war, to furnish me such information. I must, however, state to your excellency beforehand that if he was made prisoner with arms in his hand, as stated in the telegram, he must be tried, according to the dispositions of article 3 of the protocol of January 12, 1877, by ordinary council of war, with the guarantees established by that and the following article.

Regarding the statement that he being a witness in the case of Govin his execution, if imposed by the council, should be suspended, I must [Page 649] say that besides my not having official notice of said case that request can not be based upon any consideration or legal prescription whatever. Neither would it be proper to bring the case to Madrid as a necessary step, since the protocol only prescribes that the penalty shall be reconsidered by the Captain-General of the district.

As soon as I receive the information asked from the war department I will take pleasure in informing your excellency in regard to the status of the proceedings against said Fernandez Chaqueilo.

I gladly avail myself, etc.,

The Duke of Tetuan.