Mr. Lee to Mr.
Rockhill.
United
States Consulate-General,
Habana, September 30,
1896.
No. 152.]Sir: I have the honor to transmit herewith copy
of a letter received from Mr. Julio Sanguily, who is still confined in
the Cabaña fort.
He seems to be under the impression that this consulate-general should
have insisted before the Spanish authorities for his release or pardon
under the terms of General Calleja’s proclamation of amnesty. This
proclamation was dated the 27th February, and its third article offered
amnesty (indulto) to all who should surrender within eight days after
its promulgation. Sanguily was arrested on the 24th February at his home
in this city.
I also transmit a copy of my answer to Mr. Sanguily’s letter, informing
him that, in the absence of any special instructions, this office had no
further intervention in his case, but that I would forward a copy of his
letter to the Department of State.
I am, etc.,
Fitzhugh Lee,
Consul-General.
[Inclosure 1 with No.
152.]
Mr. Sanguily to
Mr. Lee.
Cabaña Fortress, September 23, 1896.
Hon. Gen. Fitzhugh
Lee,
Consul-General of the United
States of America at Habana.
Dear Sir: When some time ago I had the
pleasure of receiving your courteous visit in this fortress I had
the honor of informing you that my case, legally considered, was
comprised in the amnesty decreed by General Calleja, as I was
arrested at my home on the morning of the 24th of February—that is,
on the very day the revolution commenced in this island, and I was
immediately after prosecuted.
General Calleja’s amnesty comprehended all the revolutionists who
would present themselves within eight days following the
promulgation; therefore, if the indulto is applicable to those who
actually revolted in arms, with regard to those who did not it is of
more immediate application because what covers the greater covers
the least.
In consideration of your intelligence and energy, I had expected you
would have negotiated for my liberation with the Captain-General
upon that basis, which is
[Page 836]
strictly just; that you would have asked him to apply in my case the
general disposition which referred to the revolutionists in arms who
would surrender to the authorities on the grounds stated before,
viz, that I did less than they, not having arisen in arms, but
having been arrested in my house before the execution of any hostile
act.
I have waited for a word from you kindly imforming me of your efforts
in my behalf; and, as you have notified me nothing, I venture to
trouble you, requesting, as my right of freedom is evident according
to the terms of the indulto, that you insist with the Spanish
authorities that I be reinstated in the liberty I have been deprived
of, against which act the very text of the amnesty protests.
With the right on your side, there is no doubt you will be heeded by
the Spanish authorities; and it does not matter if they plead that I
am subjected to judicial proceedings, because all times and
circumstances are opportune for the application of indultos, which
refer to the moment of imprisonment and its cause; and, moreover,
amnesties are gubernamental, and therefore are not subordinated to
sentences of the courts, but, to the contrary, such sentences and
the foregoing proceedings are made subservient to gubernamental
resolutions ordering amnesties.
I beg of you, therefore, to insist upon obtaining from the Spanish
Government the application so long delayed already of a benefit that
so fully includes me; and, with the greatest consideration for
yourself, I have the honor of remaining
Yours, very respectfully,
[Inclosure 2 in No.
152.]
Mr. Lee to Mr.
Sanguily.
United States Consulate-General,
Habana, September 28, 1896.
Julio Sanguily, Esq., Present.
Dear Sir: I have to acknowledge the receipt
of your letter of the 23d instant, and in reply have to say that in
the belief your case had been sent to Spain on appeal and that any
intervention on the part of this consulate-general would be
unauthorized, and that even the captain-general, if he were
favorably disposed, would be powerless to do anything, I had not
taken any steps before this Government in the matter of asking an
indulto or pardon from the Spanish Government, especially as I had
no instructions from the Department of State upon the subject,
because the action of the court before my arrival here carried your
case beyond my jurisdiction and out of my reach. No change in the
decision of the court can be made except by the Madrid Government,
and my position does not allow me to communicate directly with said
Government.
I will transmit to the Department of State a copy of your letter to
me and call attention to the reasons you set forth for the
application in your case of General Calleja’s amnesty proclamation
of the 27th of February, 1895, and ask that every effort be made to
settle your case by pardon; and I beg to assure you that I shall be
pleased to carry out whatever instructions I may receive in your
case, especially if they tend to ameliorate your condition or obtain
your release.
Very respectfully, etc.,
Fitzhugh Lee, Consul-General.
