The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-11
Q y 3 a
List Of Citizens Of the United States Executed
and Imprisoned snd Whose Property Has
Been Confscased in Cuba Dec uments
Furnished the Senate by Score.
tsry Fish-Protest Against
Treaty Violations by Spain.

Of the Senate, transmitted q large mass or doom
ments TO That body concern 10 the seizure OF Anne.
rcan vessels and the impr' sonment and execution Of
citizens OF the United ST Ates during the hosties In
Cuba. The first part OF the document gives the par.
ucuiars OF the seizure OF the Mary Lowell the Lloyd
Aspihwai' the Char Iplon and the Lizzie Major by
we spanish cruis and contains all the cores
pondence upon or q subject. The second Is list OF
persons said TO % citizens of the United States who
nave oeen ext ruted without proper trial. together
Win tne corr spondence and showing some OF the
steps taken with reference thereto. Their names
are rs 10 Alows:-Chares speakman and Albert
wyeth, george Bode. Samuel Alexander Cobrer,
vicente ,Dauni Tor Dawney). Juan TIanace Porto
geus, lharles J. Polhamus and Ernest Macarty.
The third part Is list or persons said 10 be cti-
sens or the United States whose properties are said
70 dave been Confscated or enlarged namely
20 80 Garcia. Angorca joaquin. Garcia Angorica,
J. Aocencio Casanova, Ramon Fernandes, Criad0 y
ZONES, Joaquin Delgado, Danforth. Knowlton Co.,
Felix GOWN Pinto, Jose GOWN Pinto Euseblo
Cuieras Jose de Jesus. Hernandez Macias, CristO-
bal Madon, Thomas l. Mora, +. Asto Mora, Martin
Nenses Ramon Rlyas Lama, John G. Rosas, Moses
Taylor a Co., Louis q. Madeira, Aurelo arrange.
The following Is list of persons SAID TO be citizens
OF the UnltedStates who said TO have been unlaw
fully imprisoned and held tflconlneunc ado:-Jose
Vicente Brto, Theodore Cadiz. Emelio i. Cabada,
Lucas A. De Castro, Joseph Doany, Gabriel L. varez
del viar, James L. Edwards, Charles Jernot, Doug
las McGregor, Thomas Miranda, John L. Powers,
Mrs. William L. Lynn, Mrs. Pratz, Misses Eliza and
Aureiia Cudlipp, Augustln Santa Rosa, I. A.
1churtz, Dr. A. T. Simmons and Joseph Tate.
Pesons said to be citizens of the United States
who are said to have been unlawfully imprisoned
but not held tncomn,unicod0:-George Aba, Emelio
De Silva, Rafael ESTRADA, W. Henry Fntot, Gregg
n v A
Morales, Jose Maria Ortega Peter Patchot, Sebas.
den Partado. Andrew White Esevar b. Walls. jose
Manuel Ponce de Leon, James NJ. Miller, John b.
Latte Michael NJ. Kelly, Juan Fran Gonzales
Ration Dacorger, James +. Writers and John Will
liams.
The State Department also transmitted list OF
the DEGREES OF the Spanish authorities, far as
known to the department., under which they claim
70 have acted in the several seizures. ar.
rests, fmprisonments, executions, embargoes and
c0nnscations On the 18th or August, 1863,
Secretary Fish wrote to Spanish Minister Roberts
asking whether he had been authorized to ADJUST
matters growing out of the intercourse with Cuba
"a to avoid the delay OF reference to Madrid to
which Minister Roberts replied he had authority
to settle such by agreement with the Captain
General OF Cuba, except In certain cases named.
On the 21st OF January last Secretary Fish addressed
Minister Roberts to modification Of the decree for
bidding alienation of property Thereupon Minister
ROBERTS defended the decree as one necessary for
the maintenance OF Spanish authority under the cir
cumstances. On the 9th of June, 1870, Secretary
Fish wrote Ministcr Roberts as follows -
The undersigned is directed by the President to
invite the earnest attention Of Don Manrico Lopez
Roberts Envoy Extraordinary and Minister PIeni
potentiary OF Spain the irregular and arbitrary
manner In which persons and properties OF the cit-
OF the United States are taken and held by the
Spanish authorities in the island OF Cuba. When
llDnn Ia n 1Zf
Q proclamation declaring that every man, from
the age OF fifteen years and upwards found away from
his habitaton, anu not producing sufficient motive
therefor, would be shot; that every habaton unoc.
cupled would be burned, ana that every house not
&c became the duty OF the undersigned to
convey to Mr. Lopez Roberts the protest Of the
President against such mode OF warfare, and his
request that the authorities IN Cuba would take steps
that no person having the right TO claim the protec
ton Of the government OF the United States should
be sacrificed or be -used In the conduct Of HOSTILE
ties. On that basis, when ain, about the same
time, it came 30 the knowledge OF this government
that the Captain General of Cuba had the lst day
OF April 1859, ued proclamation which virtually
forbade the alienation OF property on the island eX
cept with the revision ana assent OF certain officials
named In the decree. and which declared null and
void all sales made without such revision and as
sent, the President again directed the undersigned
TO say that he viewed with regret such sweeping in
reference with the rights OF individuals TO ALLEVIATE
or dispose OF their property. OF that he hoped
that steps would he speedily taken TO modify that
decree, that II should not be applicable to The
property oil cIzens OF the United States and that
II iIs execution should be attempted as TO such
property might be prevented When, seventeen DAVIS
later decree was Issued creating administrative
council for the custody and management OF en-
bargOed property, and when three days afterwards
The Captain General issued circular extending the
previous embargo to the property OF all persons,
either within or without the island, who might take
part IN tue insurIeClloa whether with arms In their
hands or aiding it with arms, munitions. money or
articles of subsistence, this government conf
IDENTITY expected that the Cabinet OF Madrid and
the authorities OF spain III the Island OF
Anhn wa n
wishes, and would not willingly permit the rights or
citizens o: the United states to oe nterered WITH
their properties TO be sequestcred without the forms
OF law to which they were entitled. When the Presi-
dent directed the undersigned TO invite attention 10
the possibility that the laws and DEGREES which mad
been promulgated in Cuba might lead to an inlrac-
ton OF the treaties between spain ana the United
States he was not unmindlul OF the dsorganlzed
condition OF society In parts OF that Island, nor or
the difficulties which attended the enforcement or
the authority OF Spain. On the contrary he was in
duced to make such representation by desire to
avoid increasing those difficulties and TO prevent
further complications so far as the act OF tins gov
eminent could do so. The seventh article OF the
treaty OF 1905 between the United states and Spain
provides that the subjects OF each OF the contracting
liable e a an vessels pq of sa nSs
the part OF the other for any military
expedition or other public or private purpose what.
ever, and IL all OF seizure detention arrest
Tor debts contracted or offences committed by any
citizen or subject OF the one party within the uris.
prosecuted 10y order and authority Of law only, and
according to the regular course OF proceedings usual
IN such cases; the citizens ana SUBJECTS OF both
parties shall be allowed 10 employ such advocates
solicitors notares or agents as they may Judge pro-
per In all their affairs, and In all 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
cases. and at the taxing OF all examination evidence
which may be exhibited on the said trials. Ii IS
with great regret that the government Of
the United States fees Itself forced TO say
fhat it 10 informed that the provisions Of
rchis article OF the treaty OF 1896 have
not been kept In mind by the authorities In Cuba
rtr m IN be
dent that the sweeping DEGREES OF April, 1863, have
Cfeu put In operation against The property OF cti-
Sens OF the United States in violation OF the treaty
&To9meut9 that such property should not be subject
embargo or detention for any public or private
VpQ3e whatever. Enclosed Is list OF the citizens
q %he United States up to this date who have pre-
= NED 10 tins government complaints OF such EN-.
=, No ar dcsension OF their property The decree o!
IN, I.tspes IL OF itself an extraordinary exercise OF
49,, eale power outside Of the ordinary and regular
oil, " OF legal end judicial proceedings, and,
Ven II properly exercised with respect TO Inc