The New York herald., 1869-06-07
American Citizens In Cuba-The Case Of
Mr.. Casanova.

Mr. C090nOvas
The lives and fortunes of several thousands
of American citizens are now in precarious
condition in Cuba, under the excitement OF
the revolutionary contest between Cubans and
Spaniards, and the calls upon the government
at Washington for protection and assistance
are continually increasing The numerous
questions now arising involve every point OF
international law affecting friendly inter-
course between nations and possibly involve
some which are novel in diplomatic discus
sion Besides the great changes which in
creased facilities of transit and the extension
of commerce have introduced in the practices
of nations, as concerns residence and trade,
there are in the questions arising in Cuba
complications of very curious and interest
ing character. The recent case of Sehor
Casanova will probably present some of these
for discussion.
The established law of Cuba recognizes
three conditions of political status in the
population of the island. These are:-First.
natural subjects of the crown of Spain; ;
second, persons holding allegiance to other
governments, but who have applied for domi-
cliatory letters in Cuba to enable them to
do business there; third, foreigners tran
silently in the island. All persons, whatever
may lie their political status, are permitted to
hold property, real and personal, subject to
the laws of the land, regarding taxation and
descent. During the past twenty years cir
cumstances of a political nature in some
instances, and of commercial character in
others, have induced many Cubans, holding
originally natural allegiance to Spain, to emil
crate to the United States and acquire citizen
ship here, abjuring all other allegiance, but
at the same time retaining their property
in Cuba in whole or in part. Under
our political theories every man has
the right to choose his allegiance, and Spain
has never denied the right of expatriation to
its subjects. 1t has frequently been the prac-
tice of these Cuban emigrants to pass equal
portions of the year approximately in the two
countries, returning to Cuba on the approach
of winter, but always carefully procuring
passports setting forth their American citizen
ship.
The case of Sehor Casanova is Of this latter
class. Long before the appearance of the
present political troubles in Cuba he came to
this country and acquired the rights Of citi-
zenship. He purchased property in the
vicinity of New York, where his daughter re-
sides permanently several of his sons he
established in business in this city, while
others remained in Cuba experimenting the
large agricultural operations of the family.
His own time he divided between New York
cial as we'll as agricultural transactions.
Taking no part in the political questions of
the day, Senior Casanova supposed that his
person and his property would both be safe,
and with all the confidence of an innocent
man he pursued his daily avocations. Sud-
denly and without accusation of any kind
military searches were commenced on his
plantation and continued until the labors were
entirely broken up; his son was imprisoned
in Havana large sums OF money, which those
in business in New York had in bank in Cuba
to meet commercial operations, were seized;
the father was finally cast into prison. With
out hearing and without trial he was
liberated as silently as he had been seized;
but nothing of value was returned to him, and
he is left to seek justice through the slow and
hopeless process of claim through the gov
ernment.
We give these particulars because they
present a clear view of the evils that await
thousands of our fellow citizens in Cuba to-
day. Nothing but the prompt and firm action
of the government can save them. The treaty
of 1895 with Spain is the only treaty we have
with that Power that bears upon the question;
but the provisions of that treaty are ample, if
the government enforces respect for them. In
past cases it has been the practice of Spain to
evade the stipulations which provide that every
American shall know the accusation against
him, and be confronted with the witnesses,
and have the right Of COUNSEL by claiming that
it never was the intention to grant to
foreigners rights which are denied to Spanish
subjects. But this pretext is a fallacy, for
treaty negotiated, ratified and exchanged be-
tween two Powers becomes the supreme law in
the dominions Of each.
1t becomes, therefore, the duty of the Secre-
tary ofState to press upon the Spanish govern
ment our view of the sacred character Of
American citizenship, when not implicated
in acts against the law, and the case of Senior
Casanova presents the most desirable vehicle
for this course. If this is not done, not only
will Justice be denied in the individual case
before us, but a great wrong be perpetrated
upon those of our countrymen still in peril. It
is general question affecting the honor and
interests of the government as well as the
safety Of citizens, and if it is rcmanded to the
slough of diplomatic correspondence we may
well despair. The point is this-may Spain