[Inclosure in No.
601.—Translation.]
The Duke of Tetuan to
Mr. Taylor.
Ministry of State,
San
Sebastian, August 17,
1896.
Excellency: As I had the honor to inform
you in my notes of June 6 and July 12 of the present year, I duly
asked my colleagues, the ministers of war and ultramar, for
information relative to the detention in the Island of Cuba of the
American citizens, William and Lewis Glean, George Calvar, and Peter
Duarte.
From the answers which I have just received from said ministers it
appears that the brothers Glean were indicted (procesados) at Sagua
la Grande, because it was strongly suspected that they were
endeavoring to organize and raise an insurgent force (partida).
Their detention took place on the 12th of April. After the usual
proceedings the military jurisdiction on June 15 turned the case
over to the civil jurisdiction, according to the dispositions of the
protocol of 1877, and sent the proceedings to the court of
instruction of Santa Clara, at the disposal of which the prisoners
were also placed.
George Calvar was detained on April 1, he having been reported to be
accessory in raising funds for the insurrection. The first
proceedings were instituted against him by the first division of the
army of operations, but as there was not sufficient evidence against
him, and as there was no desire to delay the liberation of the
prisoner, the case was altogether abandoned.
The first division of the army of operations instituted proceedings
to investigate the conduct of Peter Duarte, and his case being
similar to that of George Calvar he was set free, although placed at
the disposal of the Governor-General so that the latter might take
any gubernative measure regarding him which might be thought proper,
because there was strong suspicion that he was somewhat connected
with the insurrection and did not observe the strict neutrality
which every foreigner ought to observe.
[Page 651]
The Captain-General of the Island of Cuba observes that in none of
these cases has the protocol of January 12, 1877, been violated,
because the above-mentioned American citizens have not been detained
by the military authorities for a longer time than it was necessary
to find out their true citizenship, and in view thereof to withdraw
from the case, for which course it is necessary, according to law,
that the Captain-General ask for the procedure and that the military
auditor and civil attorney be heard.
Your excellency with your just judgment will recognize that this
argument is well founded, and more so as the spirit of the protocol
of January 12, 1877, is not that Americans can not be detained by
the military authority, but that they can not be tried by it, which
is a different thing; because the detention is ordered as a
preventive measure, and when it is carried out the individual’s
nationality is not exactly known, while the trial is only held a
posteriori and after the prisoner’s personality has been perfectly
determined. Otherwise it would be possible for many individuals to
escape judicial action by falsely alleging American nationality. For
this reason it is not and can not be sufficient that the prisoner
alleges it, but it is necessary for him to prove it in such manner
that no doubt will be left.
In view of the above, I hope, Mr. Minister, that the Government of
the Union, of which you are the authorized and most worthy
representative, will acknowledge that there has been no infraction
whatever in the matter to which this note refers, and will
understand some other cases which I will have the honor to present
to your consideration in following notes.
General Weyler adds that the difficulty of communications in the
interior of the Island of Cuba, especially in the actual rainy
season, increased by the accumulation of affairs caused by the
insurrection, is the reason that prevents all the above-mentioned
measures to be taken with the rapidity which he would desire,
although he has issued peremptory instructions that whenever similar
cases arise they may be acted upon with all promptness.
I avail myself, etc.,
The Duke of Tetuan.
[Inclosure 2 in No.
601.—Translation.]
The Duke of Tetuan to
Mr. Taylor.
Ministry of State,
San
Sabastian, October 1,
1896.
Excellency: I have had the honor to receive
your kind note, No. 176, of the 14th instant, relative to the
proceedings instituted at Sagua la Grande (Cuba) against the
brothers Lewis and William Glean, accused of complicity with the
present Cuban insurrection.
As I informed you in my note dated the 17th of August, the
proceedings against the brothers Glean passed under the civil
jurisdiction on the 14th of June last, in compliance with the
provisions of the protocol of January 12, 1877.
Since that date I have not heard anything further in the case, and
for the purpose of complying with your desire I have to-day asked my
colleague, the minister of ultramar, to obtain and furnish me
supplementary information upon the matter.
I avail myself, etc.,
The Duke of Tetuan.
