Mr. Williams to Mr. Uhl.
Brooklyn , May 6, 1895 . (Filed June 17.)
Sir: As supplementary to my dispatch No. 2457 of the 23d of March last, I now beg to report to the Department in relation to certain incidents of an unusual and disagreeable nature that arose out of the conversations I had with Gen. Emelio Calleja, then Governor-General of the Island of Cuba, when on the mornings of the 25th and 27th of February and 2d of March last I called on him in defense of the American citizens, Mr. Julio Sanguily and Mr. José Maria Timoteo Aguirre.
As already reported to the Department, these two American citizens were arrested on alleged charges of sedition by the municipal police of Habana on Sunday, the 24th of February last, while peacefully deporting themselves, and lodged in the Cabaña fortress and subjected at once for trial to a court-martial, contrary to the agreement of the 12th of January, 1877, between Spain and the United States, which provides that American citizens arrested under such circumstances or for any other crime without arms in hand shall not be tried by any exceptional tribunal, but by those of the ordinary or civil jurisdiction.
In consequence, and apprehending from the activity displayed by the Government in making arrests, in subjecting the parties arrested to court-martial for trial, in issuing proclamations suspending the action of the civil law in certain cases, and from the haste with which the military jurisdiction was proceeding in the trials of the accused, I went early the next morning, the 25th of February, to see the Governor-General with the view of informing him of the American citizenship of Sanguily. On [Page 762] reaching the palace I learned that Aguirre had also been arrested and subjected to court-martial, and on being received by the Governor-General, I informed him that both these men were naturalized citizens of the United States, and that as such they were inscribed in the register of foreigners kept by the general government of the Island of Cuba. I then remonstrated against their commitment to the court-martial for trial, and asked for their immediate transfer to the civil jurisdiction in accordance with the terms of the said agreement. The Governor-General was surprised on my informing him of the American citizenship of these men, and instantly answered me in an outburst of most violent language and gesture, saying that it was a disgrace to the American flag for the Government of the United States to protect these men who, it was notoriously known, were conspirators against the Government of Spain, and exclaiming louder, and in still more violent language and gesture, that American citizens were openly conspiring in the United States against Spain, and that he would shoot every one of them caught with arms in hand in any attempt against the government of the island, regardless of the consequences.
Upon this utterance I calmly interjected the remark: “But, General, in carrying out such measures you will surely observe in all its parts the agreement between the two Governments?” Then recovering himself and in moderated tones he answered: “Yes, in observance of the agreement.” I then said: “Well, General, that is all I have come to ask for, but these American citizens, instead of having been committed before a civil court in observance of the agreement, have been subjected for trial to a court-martial contrary to the agreement; for neither of them has been captured with arms in hand against the government, but arrested by the municipal police while peacefully deporting themselves in the city (Habana).”
He then made reference to the law governing the residence of foreigners in the Island of Cuba, giving me to understand that it was paramount to the agreement between the United States and Spain. I then replied: “But, General, the Government of the United States will never admit that a local law or regulation is superior to an international compact; that Article VI of the Constitution of the United States is very plain upon this subject; also section 2000 of the Revised Statutes of the United States requires that the same protection to person and property shall be given by the Government of the United States to naturalized citizens in foreign countries as is accorded to native born citizens.” He then said: “Yes, but let the prisoners themselves invoke their rights of American citizenship before my judge-advocate (ante mi fiscal), who will consider and decide upon their rights under the agreement.” As this was a plain effort on his part to eliminate my action as the representative of the United States in the matter, I replied: “General, my Government will not accept such a proposition, nor is it contemplated in the agreement that a Spanish judge-advocate could supersede a consular or diplomatic representative of the United States on such an occasion. That therefore, just as soon as possible, I would formulate a remonstrance against the infraction of the agreement in committing Sanguily and Aguirre before a court-martial instead of before a civil court, and would present it to him for his consideration.”
Hereupon he again remarked, in a violent tone of voice, as though my action was voluntary and not obligatory, “Your defense of these men is a disgrace to the American flag.” I then politely answered him, saying: “General, I am acting entirely within the confines of my official duty [Page 763] and in accordance with the instructions of the Secretary of State of the United States, and in strict conformity with the agreement of the 12th of January, 1877.” I then bid him good morning and withdrew.
I then formulated my remonstrance in favor of Sanguily, under the date of the 26th of February, and presented it to him in person on the morning of the 27th. This time the Governor-General, though evidently not pleased with my action in defending these American citizens, was less ill-humored and more conciliatory than on my first interview, and, after a few introductory and explanatory words on my part, he received my remonstrance, and I withdrew from this second interview and returned to the consulate to take up the case of Aguirre.
Accordingly I drew up my remonstrance and petition in favor of Aguirre on the 28th of February. It was copied the next day—the 1st of March—but too late for presentation in person that day. I then let it lie over until the following morning, and on reaching the office that morning I found on my desk waiting for me the telegraphic instruction of the evening before from the honorable Secretary of State telling me that it had been represented to him that Aguirre was an American citizen, and that if his citizenship was established the agreement of January 12, 1877, applied, and for me to endeavor to secure for him the enjoyment of its guaranties. As this telegraphic instruction was so much to the purpose and so timely, I judged that the reading of it by the Governor-General would at once convince him that I was acting entirely on the lines of official duty, and, besides, remove any mistaken impression he might entertain as to the propriety of my action. I therefore took it with me to the palace, and on my being received, I handed it to him and he read it. But thinking he might not be well acquainted with the English I translated it to him verbally into the Spanish language. He seemed to be satisfied. I then delivered him my remonstrance and was about to take my leave, when he suddenly changed countenance, and spoke to me in a menacing manner, saying: “Mr. Consul, I am told that you are sending alarming news to the newspapers of the United States, but as yet this has not been traced before me in an authentic form;” and added, “You are now advised.”
I took this remark as plainly signifying that he would have my exequatur withdrawn by the Madrid Government, and I replied that I would consider it a personal favor if he would order a thorough investigation of the charge either by the government of the island or by the legation of Spain at Washington, inferring from his remark that his information was derived from the latter. I assured him that I had never sent any information to the newspapers of the United States; that my reports on the economic condition of Cuba, to which he could only have referred, were solely addressed to the Department of State, and were made in strict conformity to my consular duties, as defined by the Consular. Regulations of the United States, and that if any of them had been published in the Consular Reports, it was done because of reasons satisfactory to the Department; and also if any of them had been reproduced by the newspapers of the United States, it must have likewise been for reasons satisfactory to them. He then retorted that the economic condition of Cuba was unaltered, that the sugar plantations were working, the railroads were running, and that the industries and commerce of Cuba were in harmonious operation, concluding by repeating the remark delivered in a menacing tone: “You are now advised,” manifestly referring to the withdrawing of my exequatur. I then replied to him with firmness, but calmly: “General, I have acted [Page 764] within the limits of my official duty throughout this interview held with you in defense of these American citizens, and in proof of my assertion I have just shown you the telegram received from the Secretary of State of the United States in regard to Aguirre; and furthermore, I must assure you that I will continue to perform my official duties so long as I am consul-general of the United States in this city;” and with that I took my leave.
On the next or following day the menacing remarks of the Governor-General were confirmed by telegrams from Madrid, published in the Habana newspapers, to the effect that he had asked the Madrid Government to request my recall.
I respectfully submit the above report to the consideration of the Department, with the assurance that the menace of the Governor-General was entirely without cause or provocation on my part, and having been uttered by him while I was performing the official duty of defending the persons of two American citizens who had been wrongfully subjected to the military jurisdiction of the Island of Cuba, it was therefore both out of time and place.
And, in conclusion, I have also to ask the attention of the Department to the fact that the complaint I presented to the Governor-General against the denial of the intendant-general of the island of the right of the United States consul-general at Habana to address him officially in representation of American interests, a copy of which accompanied my dispatch No. 1837 of April 11, 1893, notwithstanding my several solicitations have not yet been answered by order of the Governor-General.
I am, etc.,
Consul-General of the United States at Habana, Cuba.