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dent that the government at Madrid will confer fresh powers upon Mr. Lopez Roberts (or upon such other person on this side of the Atlantic as may be selected for that purpose) to arrange all such questions with this Government.
The Spanish authorities in Cuba seem to be clothed with absolute power for the commission of such acts as are now complained of, but when redress is sought, we are referred to the distant cabinet of Madrid, where it is often found necessary to refer again to Cuba for information, and the case is tbus suspended and delayed, to the grievous injury of the parties and at the hazard of irritation from the delay of which the necessity is not apparent to the impatient sufferers or to the public.
The President has respected the Spanish claim of sovereignty over the island of Cuba during the present contest against a strong sym. pathetic pressure from without. Spain owes it to the United States as well as to her own traditional honor and sense of justice that her sorereignty shall not be used for the oppression and injury of the citizens of this republic.
You will urge this point in every way that your good judgment may suggest. I am, &c.,
Mr. Fish to Mr. Lopez Roberts.
DEPARTMENT OF STATE,
Washington, June 9, 1870. The undersigned is directed by the President to invite the earnest attention of Don Mauricio Lopez Roberts, envoy extraordinary and minister plenipotentiary of Spain, to the irregular and arbitrary manner in which the persons and properties of citizens of the United States are taken and held by the Spanish authorities in the island of Cuba.
When Count Valmaseda, in April of last year, issued a proclamation declaring that every man, from the age of fifteen years upward, found away from his habitation and not proving a sufficient motive therefor, would be shot; that every habitation unoccu. pied would be burned ; and that every house not flying a white flag should be redno to ashes, it became the duty of the undersigned to convey to Mr. Lopez Roberts the protest of the President against such a mode of warfare, and his request that the authorities in Cuba would take steps that no person having the right to claim the protettion of the Government of the United States should be sacrificed or injured in the colduct of hostilities on that basis.
When again, about the same time, it came to the knowledge of this Government that the captain general of Cuba had, on the 1st day of April, 1869, issued a proclamation which virtually forbade the alienation of property in the island, except with the reris ion and assent of certain officials named in the decree, and which declared null and void all sales made without such revision and assent, the President again directed the undersigned to say that he viewed with regret such sweeping interference with the rights of individuals to alienate or dispose of their property, and that he hoped that steps would be speedily taken to modify that decree so that it should not be applicable to the property of citizens of the United States, and so that disputes and complaints that could not fail to arise if its execution should be attempted as to such property, might be prevented.
When, seventeen days later, a decree was issued creating an administrative council for the custody and management of embargoed property; and when, three days after ward, the captain general issued a circular extending the previous embargo to the property of all persons, either within or without the island, who might take part in the insurrection, whether with arms in their hands or aiding it with arms, munitions, money, or articles of subsistence, this Government confidently expected that the cabinet of Madrid, and the authorities of Spain in the island of Cuba, wonli regand the then recent expressions of its wishes, and wonld not willingly permit the rigbts of cit. izens of the United States to be interfered with or their properties to be sequestrated without the forms of law to which they were entitled.
When the President directed the undersigned to invite attention to the possibility that the laws and decrees which had been promulgated in Cuba might lead to an infrietion of the treaties between Spain and the United States, he was not inmindful of the disorganized condition of society in parts of that island, nor of the difficulties which
attended the enforcement of the authority of Spain. On the contrary, ke was induced to make such representation by a desire to avoid increasing those difficulties, and to prevent further complications so far as the act of this Government could do so. * The seventh article of the treaty of 1795, between the United States and Spain, provides
"That the subjects or citizens of each of the contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other for any military expedition or other public or private purpose whatever; and in all cases of seizure, detention, or arrest for debts contracted, or offenses committed, by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their affairs, and in all their trials at law in which they may be concerned, before the tribunals of the other party, and such agents shall have free access to be present at the proceedings in such causes, and at the takings of all examinations and evidence which may be exhibited in the said trials."
It is with great regret that the Government of the United States feels itself forced to say that it is informed that the provisions of this article of the treaty of 1795 have not been kept in mind by the authorities in Cuba during the present struggle. It appears. to the President that the sweeping decrees of April, 1869, have been put in operation against the properties of citizens of the United States in violation of the treaty agreement that such property should not be subject to embargo or detention for any public or private purpose whatever.
Inclosed is a list of the citizens of the United States who, up to this date, have presented to this Government complaints of such embargo or detention of their property.
The decree of embargo is of itself an extraordinary exercise of supreme power, outside of the ordinary and regular course of legal or judicial proceedings, and even if properly exercised with respect to the subjects of Spain and their properties, appear to be in contravention of the rights secured by treaty to the citizens of the United States, and the proceedings under the decree against the properties of citizens of the United States have not, as is understood, been prosecuted by order or authority of laws only, but in the exercise of the extraordinary functions vested in or exercised for the occasion by the supreme political authority of the island, and have been arbitrary and unusual, and without the safeguards to personal rights and rights of property which ordinarily accompany legal proceedings, which the seventh article of the treaty guarantees.
It is understood that the citizens of the United States whose properties have been thus taken forcibly from them have not been allowed to employ such advocates, solicitors, notaries, agents, and factors as they might judge proper; on the contrary, as this Government is informed, their properties have been taken from them without notice, and advocates, solicitors, notaries, agents, or factors have not been allowed to interpose in their behalf. It is further understood that the names of parties whose properties are thus embargoed are from time to time published and their properties thereafter immediately seized, without opportunity to them or their agents to be present at any proceedings in regard thereto, or at the taking of examination or evidence.
In many instances these proceedings have been taken against the properties of citizens of the United States who were not at the time, and who have not during the continuance of the disturbances on the island of Cuba, been within the jurisdiction of Spain, and it is potorious that by going to the island of Cuba, after the otiicial denunciation of their alleged conduct, they would subject themselves to arbitrary arrest and possible summary inilitary trial, if not to the uncontrolled violence of popular prejudice.
The undersigned has also received representations from several citizens of the United States complaining of arbitrary arrest anıl of close incarceration without permission to communicate with their friends, or with advocates, solicitors, notaries, agents, and factors, as they might judge proper. In some of these cases the parties have been released ; in others, they are understood to be still held in custody.
The undersigned has the honor to inclose a list of the citizens of the United States who, up to this date, have presented to this Government complaints of such arrest and detention.
In some cases, also, such arrests have been followed by military trial, without the opportunity of access to advocates or solicitors, or of communication with witnesses, and without those personal rights and legal protections which the accused should have enjoyed; and such summary trials, when ending in conviction, have been followed by summary execution. Such cases, so far as they have come to the knowledge of the undersigned, are included in the list herewith transmitted.
What has been already done in this respect is, unhappily, past recall, and leaves to the United States a claim against Spain for the amount of the injuries that their citizens bave suffered by reason of these several violations of the treaty of 1793—a claim which the undersigned presents on behalf of his Government with the confident hope that the government of Spain, recognizing its justice, and making some proper aud suitable
provision for ascertaining the amount which should rightfully come to each claimant, will also order the immediate restoration to the citizens of the United States of their properties which have been thus embargoed, and the release of those citizens of the United States thus held, or their immediate trial under the guarantees and with the rights accorded by the treaty.
As to the future, it is confidently expected that steps will be taken to insure against further violations of the treaty. The high sense of honor for which Spain is proverbial will (the President feels assured) prompt her to take vigorous steps to secure to citizens of the United States within Spanish dominions the full measure of the rights accorded to them by the treaty of 1795.
The extraordinary powers as to affairs in Cuba which were conferred upon Mr.Lopez Roberts by his government, and which were communicated to the undersigned op ibe 12th day of August last, are understood by the Government of the United States to be broad enough to anthorize him to arrest these infractions of the rights secured by the treaty and to obtain the restoration of the properties. If, however, such is not the case, the undersigned then takes the liberty to ask Mr. Lopez Roberts to advise him of such absence of power, in order that instructions may be given to the minister of the United States at Madrid.
In closing this note, the undersigned must expressly reserve to the Government of the United States the right to restate its grievances on these points, as new facts may come to its knowledge showing further and other injuries to the properties of citizens of the United States from like causes.
The undersigned avails himself of this occasion to renew to Mr. Lopez Roberts the assurances of his highest consideration.
HAMILTON FISH. Señor Don MAURICIO LOPEZ ROBERTS, SC., Sc., fc.
1.- List of citizens of the United States whose property has been embargoed. Angarica, José Garcia.
Madan, Cristobal. Angarica, Joaquin Garcia.
Mora, l'austo. Casanova, Inocencio.
Mueses, Martin. Criado y Gomez, Ramon F.
Rivas y Lamar, Ramon. Delgado, Joaquin.
Rozas, John C. Danford, Knowlton & Co.
Taylor, Moses & Co. Govin y Pinto, José,
2.- List of citizens of the United States who hare been imprisoned, " incomunicado.” Brito, José Vicente, arrested and imprisoned at Havana on February 12, 1869. Cabias, Theodore, arrested at Matanzas in January, 1869. Cabada, Emelio F. De Castro, Lucas A., imprisoned at Trinidad de Cuba in March, 1869. Del Villar, Gabriel Suarez, at Trinidad de Cuba in March, 1869. Edwards, James M., at Manzanillo in November, 1868. Jeniot, Charles, at Trinidad de Cuba in May, 1869. McGregor, Douglass, at Trinidad de Cuba in August, 1869. Miranda, Thomas, confined in an iron cage at Havana. Powers, John E., arrested near Trinidad de Cuba in April, 1870. Still held " incom
municado" at last advices. Rozas, John C., arrested on February 3, 1869, near Santa Maria del Rosario, and sent
to Fernando Po on March 21. Simmons, A. T., at Puerto Principe in February, 1869. Sportuno y Prats, Mrs., at Trinidad de Cuba in February, 1870. Schultz, F. A., arrested at Madruga on August 28, 1869. Tate, James, arrested at Trinidad de Cuba on April 30, 1870, and, at last advices, still
held “incomunicado.” 3.- List of other citizens of the United States who have been arrested and imprisoned in Cuba. De Silva, Emilio,
Ponce de Leon, José M. Estrada, Rafael.
Polhamus, Charles J. Fritot, Henry.
Pintado, Sebastian. Gonzalez, Gregorio.
Portuondo, Juan F. Machado, John A.
Santa Rosa, Augustin, Morales, Angel.
Speakman, Charles. Ortega, José Maria.
Wyeth, Albert. Pedro, Patchol.
General Sickles to Mr. Fish.
LEGATION OF THE UNITED STATES,
Madrid, July 26, 1870. (Received August 11.) SIR: I have the honor to transmit herewith a copy of my note to Mr. Sagasta, dated to-day, in regard to the matters embraced in your instructions of the 1st instant and 24th ultimo.
You will observe that I have recapitulated the substance of your note to Mr. Roberts, in order to bring up the whole issue for settlement here. Now that these questions are formally presented to this cabinet, I shall endeavor to impress upon General Prim the importance of prompt and friendly action, to which I suspect he will be more inclined by existing European complications. I am, &c.,
D. E. SICKLES.
LEGATION OF THE UNITED STATES,
Madrid, July 26, 1870. SIR: On the 9th ultimo, the Secretary of State of the United States addressed a note to the representative of Spain in Washington, setting forth sundry grievances suffered liy citizens of the United States at the hands of the Spanish authorities in Cuba.
On the 18th ultinio another communication was made to Mr. Roberts by the Acting Secretary of State, Mr. Davis, in relation to a complaint which was presented to the Department of State subsequent to the transmission of the former note. The attention of the Spanish minister was invited to these matters under the supposition that he still exercised certain extraordinary powers, understood to have been conferred upon him with reference to questions arising out of the contest in Cuba, and that those powers were broad enough to authorize him to act in the premises.
On the 24th ultimo, Mr. Roberts informed the Secretary of State that, in view of the improved condition of affairs in the island of Cuba, the government of His Highness the Regent no longer deemed it necessary to continue the powers granted in August, 1869, to the representative of Spain in Washington.
All of the cases mentioned in the note of the Secretary of State to the Spanish minister in Wasbington had been the subject of instructions to the consul general of the United States in the Havana, in order that they should be brought to the attention of the authorities in Cuba, and redress be demanded.
On the 11th instant, I had the honor to inform your excellency that I had been instructed to bring these several matters to the notice of the government of His Highness the Regent, and in compliance with the intimation then given I proceed to perform that duty.
The reclamations I am directed to present are for injuries done to the persons and property of American citizens by the Spanish anthorities in Cuba, in violation of Article VII of the treaty of 1795, between the United States and Spain. In numerous iustances the property of citizens of the Uuited States has been seized upon the mere order of the captain general, forcibly taken from their possession, or from the control of their agents, without judicial proceedings, and confiscated to the use of the Spanish authorities. In other cases, citizens of the United States have been arrested, imprisoned, and condemuned to suffer the severest punishments without legal cause shown, and without the sanction or authority of any judicial tribunal.
Appended to this note your excellency will find a particular statement of the names of the parties whose property has been embargoed, and of those who have been imprisoned or put to death by the authority of the captain general of Cuba, in violation of the treaty of 1795. N vertheless, the Government of the United States reserves the right to restate its grievances as new facts may come to its knowledge, showing further and other injuries to the persons and property of American citizens.
The United States have addressed repeated remonstrances to the government of Spain against the successive measures of the authorities in Cuba which have appeared to authorize acts inconsistent with the rights secured to American citizens under the treaty of 1795. It may be useful to recur to some of these representations. In April, 1069, General Valmaseda issued a proclamation declaring that every male person, above the age of fifteen years, found away from his habitation and not proving a sufficient motive therefor, would be shot; that every inoccupied habitation, and every dwelling not flying a white flag, would be burned. The Secretary of State of the United States promptly protested, in the name of the President, against such a mode of warfare, and asked that the proper steps be taken so that the persons and property of those having the right to claim the protection of the Government of the United States should not be injured in the execution of Count Valmaseda's order.
About the same time, on or about the 1st of April, 1869, the captain general issued a proclamation, declaring void all sales and conveyances of property in the island made without the assent of certain officials named in the decree. As soon as this proceeding came to the knowledge of the President, he cansed the government of His Highness the Regent to be informed of the regret with which he regarded such a pas hibition of the rights of individuals to alienate their property, and, in order to prevent the complaints and controversies that could not fail to arise if the execution of the measure should be attempted, the Secretary of State requested that the decree might be so modified as not to be applicable to the property of citizens of the United States.
Seventeen days later a further decree was issued, creating an administrative council, for the custody and management of embargoed property; three days afterward the captain general promulgated an order extending the embargo already authorized to the property of all persons, either within or without the island, who might take part in the insurrection, whether with arms in their hands or aiding it with arms, musitions, money, or subsistence.
The President having expressed his apprehension that, in the execution of the er. treme measures taken by the authorities in Cuba, the rights of citizeus of the United States might be compromised, he confidently expected that the cabinet of Madrid and the superior political authority in Cuba would not suffer American citizens to be deprived of life, liberty, or property without due regard to the reservations and safeguards provided in the treaty of 1795.
The Government of the United States was not unmindful of the disorganized code dition of affairs in parts of the island, nor of the difficulties which, in some localities, attended the enforcement of the anthority of Spain. There was no allegation that the courts of law were closed in the Havana, where most of these proceedings occurred, or that the functions of the civil authority could not be performed in any of the prit cipal towns of the island. And the President was induced to address his friendly rep resentations to the government of His Highness the Regent, by a desire to avoid increase ing tbe embarrassments growing out of the contest in Cuba, and to prevent further complications, so far as the act of the Government of the United States conld do sch The seventh article of the treaty of 1795, between the United States aud Spain, is
“Aud it is agreed that the subjects or citizens of each of the contracting parties, their vessels or effects, shall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpose whatever; and in all cases of seizure, detention, or arrest for debts contracted or offenses committed by any citizen or subject of the one party within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and accord. ing to the regular course of proceedings usual in such cases. The citizens and subjects of both parties shall be allowed to employ such advocates, solicitors, notaries, agents, and factors as they may judge proper, in all their affairs, and in all their trials at lav, in which they may be concernell, before the tribunals of the other party; and such agents shall have free access to be present at the proceedings in such causes, and at the taking of all examinations and evidence which may be exhibited in the said trials
It will be seen that, by the provisions of the article above cited, each of the high contracting parties has expressly renounced all right to embargo or detain the property of the citizens or subjects of the other. The broad and emphatic terms of this renmciation include every possible case in which the power could be exercised. No exigency of war, no requirement of the public service, no civil disorder is permitted by the stipulations of the treaty to sanction or excuse these probibited acts of spoliation. Moreover, it is equally plain that it was the distinct and beneficent purpose of both governments to secure for their citizens and subjects respectively, within the dominions of the other, the protection of the laws of the land and of the courts of law, and of the essential safeguards for the administration of justice, in all prosecutions for any offense alleged to have been committed against the good order, peace, and dignity of the commonwealth.
It is with profound regret that the Government of the United States has learned that the provisions of this treaty have not been observed by the authorities in Cuba during the present struggle in that island. The decrees of April, 1859, have been pat in operation against citizens of the United States, in violation of a solemu engagemeat that their property should not be subject to seizure, embargo, or detention for any public or private purpose whatever.
And American citizens have been arrested, imprisoned, and executed, withont authority of law and regardless of the regular and established course of legal procedure