Mr. Williams to Mr.
Rockhill.
United
States Consulate-General,
Habana, May 23,
1896.
No. 2996.]
Sir: With reference to my dispatch, No. 2988,
of the 21st instant, relative to Charles Barnet and William Leavitt,
seamen supposed to belong to the crew of the American schooner Competitor and who were captured on land, I now
beg to inclose the copies of the correspondence had with the
Governor-General and the admiral of the naval station regarding
same.
I am, etc.,
[Inclosure in No. 2996.]
Mr. Williams to
Governor-General of
Cuba.
Consulate-General of the United States,
Habana, May
12, 1896.
Excellency: Being informed by the
newspapers of this afternoon that two American citizens, named
Charles Barnet and William Leavitt, who are supposed to belong to
the expedition of the American schooner Competitor, have been captured on land, and that they are
to be tried by the marine jurisdiction, I have to apply to your
excellency, as the superior representative and delegate of the
Government of His Majesty the King of Spain, to ask in the name of
my Government—
- First. For the strict observance of article 7 of the
treaty of 1795, interpreted by both Governments in articles
1, 2, 3, 4, and 5 of the protocol of 1877, respecting
American citizens accused of seditious acts in Spanish
territory against the Supreme Government of Spain;
and—
- Second. That if the sentence should be that of death its
execution be suspended to give time to communicate by
telegraph to his excellency the Minister of State at
Washington.
I am, etc.,
[Inclosure 2 in No.
2996.]
Mr. Williams to
admiral of naval
station.
United States Consulate-General,
Habana, May
12, 1896.
Excellency: Having read in the papers of
this afternoon that two American citizens named Charles Barnet and
William Leavit, who are supposed to belong to the expedition of the
American schooner Competitor, have been
captured on land, and that it is intended to try them by the marine
jurisdiction, I have to ask your excellency, in the name of my
Government:
- First. The strict observance of article 7 of the treaty of
1795, as interpreted by both Governments in articles 1, 2,
3, 4, and 5 of the protocol of 1877, concerning citizens of
the United States in the Spanish dominions accused of acts
of sedition against the supreme Government of Spain;
and
- Second. That if the sentence pronounced should be that of
death its execution be suspended to give me time to
communicate by telegraph with his excellency the Minister of
State at Washington.
I am, etc.,
[Inclosure 3 in No.
2996.]
Mr. Williams to
Governor-General of
Cuba.
United States Consulate-General,
Habana, May
13, 1896.
Excellency: Having been informed that the
two American citizens recently arrested, to whom I referred in the
communication I had the honor to address yesterday afternoon to your
excellency as belonging to the expedition of the American schooner
Competitor, are simply sailors belonging
to the crew of that vessel, I have
[Page 736]
to beg your excellency that if this is the
fact to please order through the proper authorities that the trial
of these American citizens be conducted with adherence to the terms
of the existing treaty between the United States and Spain,
according to which only those captured with arms in hand are to be
tried by ordinary council of war, circumstances which can hardly
concur in mere sailors of a merchant vessel of the United
States.
I have the honor to reiterate to your excellency the testimony of my
most distinguished consideration, signifying at the same time that
in the same sense I have addressed the marine authority.
[Inclosure 4 in No.
2996.]
Mr. Williams to
admiral of the West Indies naval
station.
United States Consulate-General,
Habana, May
13, 1896.
Excellency: Having been informed that the
two American citizens recently arrested, to whom I referred in the
communication I had the honor to address yesterday afternoon to your
excellency as belonging to the expedition of the American schooner
Competitor, are simply sailors belonging
to the crew of that vessel, I have to beg your excellency that if
this is the fact to please order through the proper authorities that
the trial of these American citizens be conducted with adherence to
the terms of the existing treaty between the United States and
Spain, according to which only those captured with arms in hand are
to be tried by ordinary council of war, circumstances which can
hardly concur in mere sailors of a merchant vessel of the United
States.
I am, etc.,
[Inclosure 5 in No.
2996.]
El Marques de
Palmerola to Mr. Williams.
General Government of the Island of Cuba,
Office of
the Secretary,
Habana, May 13,
1896.
Sir: Replying to your attentive
communications of yesterday and to-day, referring to two American
citizens named Charles Barnet and William Leavit, who are supposed
to belong to the expedition of the schooner Competitor and which you understand have been made
prisoners, I have the honor to inform you, by order of the
Governor-General, that citizens of the United States are judged in
accordance with the treaties existing between Spain and the United
States, and that the sentences of death are not executed unless they
are approved by the Government of His Majesty.
I am, etc.,
