Office of the Historian

File No. 837.13/12.

The Cuban Legation to the Department of State.

[Not a translation.]

pro memoria.

The Secretary of State of the Republic of Cuba has addressed a cablegram to the Cuban Minister in which he states that in his desire, which is shared by the majority of the members of the Cuban Congress, of avoiding any cause or pretext that may tend to alter the cordial relations which exist between Cuba and the United States he has been endeavoring to ascertain what are the features of the amnesty bill, pending of approval by the President, which have [Page 359] been found objectionable to the Government of the United States, with the view of procuring their elimination.

But the Secretary of State has not been able to glean from the numerous notes addressed to him by the American Minister at Habana what precepts contained in that bill are believed to cause injury in any manner to American or other foreign citizens, as no specific article or paragraph has been pointed out by the American Minister; and he therefore instructs the Cuban Minister to request of the Secretary of State of the United States that he indicate the terms of said amnesty bill that are understood to be injurious, and to that effect copy of the bill, and of the articles of the Cuban penal code1 referred to in the same, are herewith appended.

The Secretary of State of the Republic of Cuba instructs the Cuban Minister to assure the Secretary of State of the United States that this action is inspired by the earnest desire of the Cuban Government and the people of Cuba of strengthening the bonds of friendship and the cordial feelings that happily exist between the two countries, based upon international comity and respect for their mutual rights.

As the time within which the President of Cuba must sign or veto the above-mentioned bill has almost elapsed, while waiting for a specific objection from the American Minister, the Cuban Minister respectfully requests an early reply, so that the Cuban Government may be enabled to show its good faith and sincerity of purpose on the premises.

Legation of Cuba,
Washington , March 10, 1913.
[Inclosure—Translation.]

law of amnesty.

  • Article I. Amnesty is hereby granted for the following crimes and misdemeanors prosecutable de officio:
    (a)
    All crimes and misdemeanors committed by means of printing, engraving, or other mechanical method of publication, or by word of mouth.
    (b)
    All crimes committed by individuals who have been occupying or who occupy elective offices of provincial governor or of municipal mayor. Crimes against property, against honor, and those of malversation are excepted.
    (c)
    For crimes of disrespect or transgression against authority or its agents.
    (d)
    Crimes of rash or ordinary imprudence, of coercion or conditional threats which have not had as their object the demand of money or damage to property, and of the crimes of prolongation or usurpation of office.
    (e)
    For crimes and misdemeanors committed by reason of laborers strikes.
    (f)
    All crimes of exciting rebellion, rebellion and crimes related thereto, and unlawful association, with the exception of those included in the first paragraph of article 186 of the penal code.
  • Art. II. Amnesty is hereby granted for all crimes and misdemeanors committed by public functionaries or employees in the exercise of or in connection with their duties in respect to which criminal proceedings have been instituted or judgment rendered.
  • Art. III. Amnesty is furthermore granted for crimes of the discharge of firearms against an ascertained person and the discharge of firearms and wounds [sic], provided that they have not left incapacitated the wounded person and without prejudice to civil responsibility.
  • Art. IV. Those enlisted in the permanent army and in the rural guard who may have committed the crime of perjury are included in the amnesty.
  • Art. V. The amnesty which this law comprises shall include the crimes expressed therein committed before the 1st of January of the present year.
  1. Not printed.↩