It is held there “that the circumstance that the vessel is American is
evidence that the seamen on board are such, and that in every regularly
documented merchant vessel the crew will find their protection in the
flag that covers it.”
[Inclosure 1 in No.
190.]
Mr. Ona Melton
to Mr. Lee.
Fort Cabaña, Calaboza 41,
Habana, October 18,
1896.
Dear Sir: Yesterday I was taken to the
“cuarto de banderas” (guardroom) to make a preliminary deposition,
preparatory for a “consejo de guerra ordinario” (ordinary court
martial) to “ver y faller” (try) the case against the men of the Competitor, charged with the crimes of
“pirateria y rebelion” (piracy and rebellion).
I had hardly expected that we were to be tried again under the
accusation of piracy and rebellion. From an American standpoint the
charge of piracy seems absurd, but according to the interpretation
that was placed on certain parts of the “dictionario de Puerto Rico
y Cuba” (code of criminal procedure existing in Cuba and Puerto
Rico) at our recent trial by a “consejo de guerra sumarisimo”
(summary court-martial) we might come under the classification of
pirates.
In my declaration they insisted on my stating that I would furnish
proof of my American citizenship. They seemed to doubt my
citizenship because I talked Spanish somewhat fluently. They then
wanted to know what kind of proof I could furnish. I had never
thought of my citizenship being brought into question, and I was
somewhat perplexed. I replied that I did not know, but that I would
ask your advice.
I do not know what I ought to do. They said I ought to have a
certificate of my birth or baptism. Such a request seems to be
absurd. It would require months of time to get either, if, which is
very unlikely, either is still in existence.
I was born at Vinland, Kans. In fact, I do not know if births are
registered in Kansas, although I suppose they are.
I registered and voted in the Arkansas State election two years ago
at my home in Aurora, Ark. If it is positively necessary, I can
write to my father and get a deposition made to show my citizenship,
but it will require, at the very least time possible, twenty days,
and perhaps thirty, to write and receive returns.
I was also asked concerning my papers as a correspondent of the
Times-Union of Jacksonville, Fla. At the other trial my credentials
were taken from me and never returned, and apparently have been made
away with. Gildea read them, and I think
[Page 741]
Laborde also. If necessary, William L.
Delaney, of Key West, Fla., can produce evidence concerning my
credentials.
The naval officer who took the deposition seemed very badly informed.
He asked: “Do you see Consul-General Lee every day?” “Certainly
not,” said I. He seemed surprised, and said: “How often do you see
him?”
I do not think that the depositions of any of the Competitor men were taken, except of Captain Laborde and
I. I shall await your advice.
Yours, most respectfully,
[Inclosure 2 in No.
190.]
Mr. Ona Melton
to Mr. Lee.
Fort Cabaña, Calabozo (Cell) 41,
October 20, 1896.
Dear Sir: I have not yet received an answer
to my letter of the 18th instant, but write this to inform you of
the further proceedings in our case.
Yesterday I was again taken to the “cuarto de banderas” to make
declaration. I was again asked what proofs I could produce to show
that I was an American citizen. I replied that I did not know what
would be considered as sufficient proof, but I explained, as I
explained to you in my letter of the 18th instant, that to
constitute positive proof it would probably be necessary to have a
deposition made before a justice of the peace at my home, but that I
considered that after the other “consejo de guerra” the United
States Government and the Spanish Government and courts of Madrid
had accepted me as an American citizen; that it was now late to
raise such a question. Then the “juez instructor” asked if you would
vouch for my citizenship. I replied that I did not know. Then he
asked me if Consul Lee knew me. Again I hardly knew what to answer,
and replied that I did not know that you had seen me one time.
He then asked if you had any documents showing that I was an American
citizen. At first I replied “No,” but on second thought I said that
you perhaps had documents from Secretary Olney recognizing me as an
American citizen. He asked if I had any protest to make, and I
replied that I protested against being tried without being given an
opportunity to consult with my consul, and that I did not consider
that a trial held inside of Fort Cabaña would be legal, because no
representative of the United States consulate was allowed inside of
the fort, and that such representative ought to be present at the
trial. I said that I protested against being tried by consejo de
guerra ordinario (ordinary court-martial), because according to the
treaties with the United States an American citizen should be tried
in the civil courts. My protest was entered, and the judge
instructor announced that these claims would be investigated. As I
passed Captain Laborde’s cell he called out, “I protested,” so I
suppose that he entered a protest similar to mine. It was stated
that the depositions of the other Competitor
prisoners would be taken to-day. It is said that if we are tried by
the civil court we will have to wait at least eighteen months for
our return on the docket. I shall anxiously await your
instructions.
Yours, respectfully,
