Mr. Uhl to Mr. Springer.
Washington , May 21, 1895.
Carillo’s case, involving most important principle, has been presented by United States minister to Spain. In cases of Aguirre and Sanguily you will file formal protest declining to recognize validity of military jurisdiction in preliminary stage.
The treaty of 1795 excludes the exercise of military jurisdiction altogether and requires arrests to be made and offenses proceeded against by ordinary jurisdiction only. Protocol merely recognizes, declares, and explains this treaty right. Military arm has no judicial cognizance over our citizens at any stage. Even arrest, when made by military power, is by a conventional figment deemed to have been a civil act. By no fiction can proceedings of military judge instructor be deemed the act of an ordinary court of first instance. Assumption of such cognizance in Aguirre case and rearrest of Sanguily, after submission [Page 766] to civil court, apparently for mere purpose of asserting military jurisdiction in summary proceedings, were an exercise of functions against which you will enter protest, reserving all rights of this Government and its citizens in the premises.