Mr. Williams to Mr.
Rockhill.
Habana, May 2,
1896.
No. 2940.]
Sir: Referring to my dispatches Nos. 2933 of
the 30th ultimo and 2934 and 2938 of the 1st and 2d instant,
respectively, relating to the capture of the American schooner Competitor, with several persons on board, while,
as is alleged, landing arms and ammunition for the insurgents, near San
Cayetano, on the north coast of Cuba, to the westward of Habana, I have
now the honor to inclose copy, with translation, of the communication
dated the 30th ultimo, which, as I cabled on the same day and yesterday
evening, I delivered into the hands of the admiral of the Spanish West
Indian naval station, asking that the American citizens found on board
be tried in accordance with the terms of the seventh article of the
treaty of 1795, and protesting, in the name of the Government of the
United States, against their trial by summary court-martial or by any
other form of procedure not adjusted to the terms of the treaty.
As mentioned in my cablegram of last evening, the admiral expressed
himself conversationally as holding the opinion that as these men were
not residents of the Spanish dominions they did not come, therefore,
under the treaty engagements between Spain and the United States. I
answered this, in substance, that article 7 of the treaty of 1795
embraced American citizens and Spanish subjects in general and excluded
none,
[Page 714]
and that no one of its
parts could be annulled by the protocol, such as excluding from the
enjoyment of its guaranties American citizens not residing, in the sense
of domiciliation, within the Spanish dominions, nor Spanish subjects not
residing within those of the United States. In this understanding of the
treaty I shall continue to act unless otherwise instructed by the
Department.
I beg to inclose a copy (with translation) of a communication received
to-day from the admiral acknowledging receipt of mine of the 30th
ultimo.
I am, sir, very respectfully, your obedient servant,
Ramon O. Williams,
Consul-General.
[Inclosure No. 1, with dispatch No.
2940, Habana, May 2, 1896.]
United States Consulate-General,
Habana, April 30, 1896.
Excellency: The fact of the seizure and
bringing into this port of the American schooner Competitor, of Key West, Fla., with several persons on
board, by a Spanish man-of-war, and of the subjection of the vessel
and persons for trial to the tribunals of the marine jurisdiction of
this island, having reached the knowledge of this consulate-general,
and it being natural to suppose that these persons are either all or
in part citizens of the United States, and having no exact
information of the causes and the charges justifying their
subjection to the said tribunals; therefore, and in conformity with
instructions, I have to ask your excellency to please inform me at
your earliest convenience of the specific charges against this
American vessel, as likewise against the persons, with names of the
latter, that I may at once transmit the information to my
Government.
Also, in compliance with the same instructions, I have to cite as
strictly applying to the trial of these persons the terms of article
7 of the treaty of October 27, 1795, between the United States and
Spain, which says:
“The citizens and subjects of both parties shall be allowed to employ
such advocates, solicitors, notaries, agents, and factors as they
may judge proper in all their affairs and in all their trials at law
in which they may be concerned before the tribunals of the other
party; and such agents shall have free access to the proceedings in
such cases, and at the taking of all examinations and evidence which
may be exhibited in the said trials.”
In consequence, I have to ask your excellency for the strict
observance of these stipulations in the trial of the said persons,
as was confirmed and agreed upon between the two Governments in the
protocol of the 12th of January, 1877, for the amicable termination
of all controversy as to the effect of existing treaties in certain
matters of judicial procedure, and with respect to the application
of the said treaties in the trial of citizens of the United States
within the dominion of Spain, which reads as follows:
- “1. No citizen of the United States residing in Spain, her
adjacent islands, or her ultramarine possessions, charged
with acts of sedition, treason, or conspiracy against the
institutions, the public security, the integrity of the
territory, or against the supreme Government, or any other
crime whatsoever, shall be subject to trial by any
exceptional tribunal, but exclusively by the ordinary
jurisdiction, except in the case of being captured with arms
in hand.
- “2. Those who, not coming within this last case, may be
arrested or imprisoned, shall be deemed to have been so
arrested or imprisoned by order of the civil authority for
the effects of the law of April 17, 1821, even though the
arrest or imprisonment shall have been effected by armed
force.
- “3. Those who may be taken with arms in hand, and who are
therefore comprehended in the exception of the first
article, shall be tried by ordinary council of war, in
conformity with the second article of the
hereinbefore-mentioned law; but even in this case the
accused shall enjoy for their defense the guaranties
embodied in the aforesaid law of April 17, 1821.
- “4. In consequence whereof, as well in the cases mentioned
in the third paragraph as in those of the second, the
parties accused are allowed to name attorneys and advocates,
who shall have access to them at suitable times; they shall
be furnished in due season with copy of the accusation and a
list of witnesses for the prosecution, which latter shall be
examined before the presumed criminal, his attorney and
advocate, in conformity with the provisions of articles 20
to 31 of the said law;
[Page 715]
they shall have the right to compel
the witnesses of whom they desire to avail themselves to
appear and give testimony or to do it by means of
depositions; they shall present such evidence as they may
judge proper, and they shall be permitted to present and to
make their defense, in public trial, orally or in writing,
by themselves or by means of their counsel.
- “5. The sentence pronounced shall be referred to the
audiencia of the judicial district, or to the
Captain-General, according as the trial may have taken place
before the ordinary judge or before the council of war, in
conformity also with what is prescribed in the
above-mentioned law.”
For the reasons above expressed, and in view of the jurisprudence
already established by the civil and military courts of this island
since the 12th of January, 1877, date of the mutual understanding
between the two Governments as to the application of their treaties
in cases of this nature, I can not less than expect that the marine
courts will also strictly observe the said article 7 and the
protocol, granting to the persons now accused the enjoyment of all
the means of defense therein stipulated.
And it being agreed between the two Governments under article 3 of
the above inserted protocol that those American citizens who may be
taken with arms in hand shall be tried by ordinary council of war, I
must, therefore, protest in the name of my Government against the
trial of these American citizens by summary court-martial, because
of this method being excluded from the protocol, as I also protest
against every form of procedure not adjusted to the treaty.
I am, etc.,
Ramon O. Williams,
Consul-General.
The Admiral of the Spanish West Indian
Squadron, etc.
[Inclosure No. 2, with dispatch No.
2940, Habana, May 2, 1896.—Translation.]
Office of the Admiral of the Spanish West Indian
Squadron,
Habana, May 1,
1896.
Sir: I have the honor to acknowledge the
receipt of your courteous communication of yesterday’s date,
personally delivered by you to-day at 2 p.m., and to inform you that
the case of the seizure of the schooner Competitor being under indictment proceedings (en
sumario), it is not possible to answer at present your said
communication nor your note relating to same; but I promise to do so
at the earliest convenience.
I am, etc.,
The Consul-General of the United
States.
