Mr. Springer to Mr.
Uhl.
United
States Consulate General,
Habana
,
May 7, 1895
.
(Received May 13.)
No. 2502.]
Sir: With further reference to the case of
Julio Sanguily, I have now the honor to transmit herewith copy and
translation of a communication from his excellency the segundo cabo,
acting Captain-General, dated the 6th instant, in answer to the
communication of this office of the 25th ultimo, which contained a
solemn protest against the subjection of Mr. Sanguily for a second time
to a military court and his being put “incomunicado,” or into solitary
confinement, from the 24th of April, pending such military inquiry,
despite the decree of Governor-General Calleja, of March 16, inhibiting
or waiving military jurisdiction.
While professing the desire to scrupulously comply with the terms of the
protocol between the United States and Spain of January 12, 1877, it
will be observed that this Government sees no impropriety of holding an
American citizen subject to a military jurisdiction pending inquiry and
investigation for proofs to be used against him and furnishing copies of
the same upon transfer of his case to a civil court of ordinary
jurisdiction for trial. It claims there is no essential difference
between military procedure or indictment and the actual trial of the
case.
Very respectfully, your obedient servant,
Joseph A. Springer,
Vice-Consul-General
[Page 765]
[Inclosure 1 in No.
2502.—Translation.]
The Acting Captain-General of
Cuba to Mr. Williams.
Captain-Generalcy of the Ever Faithful Island of
Cuba,
Office of Chief of Staff,
Habana
,
May
7, 1895.
To the Consul of the United States
of America at Habana.
Sir: I have received the communication
which, under date of the 25th April last, you addressed me,
requesting me, in virture of the agreement of January 12, 1877,
between Spain and the United States, to relinquish cognizance of the
military jurisdiction in the cause now being prosecuted against Mr.
Julio Sanguily and others, on account of the kidnapping case of Don
Antonio Fernandez Castro; and in view thereof, in order to prove to
you that in the present case justice has proceeded with the
moderation which is bound to be observed in all its decisions,
watching not only for the interests of public law, but also for
private rights, I again reproduce my communication of the 29th April
last, in consequence of another cause, which was also being
prosecuted against the same citizen and Mr. Jose Timoteo Aguirre
Valdes, for rebellion.
In my firm intention of scrupulously complying with the aforesaid
agreement, I would have sooner ceased in the cognizance of the fact
being tried in said cause, but there existed the absolute necessity
of not only proving the status of American citizen of said party,
but also the accusation pending against him in the said kidnapping
case.
Up to the present it was not a question of being tried by a
court-martial, but rather of proving the participation that might
have been taken in the acts of which he is accused, and between the
two, judicially, there is an essential difference, and it can not be
denied that the National State has powers based on the general rules
of international law, to attend speedily and within its own
legislation to practice all the proceedings required in verification
of the offenses committed within its territory and to determine the
culpability of those who may have taken part therein.
The status of American citizenship of Mr. Julio Sanguily having been
established in the two causes referred to under date of the 4th
instant, I decreed the inhibition in favor of the ordinary
jurisdiction in the cognizance of the cause which was being
prosecuted by reason of said kidnapping case, wherein the same might
refer to the said citizen, allowing at once his communication
(release from solitary confinement) in the fortress where he was
confined, at the disposition of said jurisdiction and to which I
shall shortly transmit the corresponding copy of the proceedings
showing the degree of guilt, that by the competent court it shall
duly proceed as corresponds thereto.
God guard you many years.
José Arderius, The General 2do Cabo.
