New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-07-11

been cOnf5cated or einDafBoeu, h"ihoy
Jose o,rc. g gsIsaSa,r M Z s,e'''
a. s orcs f flns Casanova Thomas MOr.
Ramon Penaidei' !, 60 Me-.
G J5,SS5y 6 SG@sI Ramon EiSs.y Lana.
DsnsoHh Knovlton Co... John G R9..,l =.
Fem le Corn , P PEso' IoGs G Aaieu,
5 fSssG Dc Js.s., '''
The following list OF persons said to be citizens OF
the United states who said TO have been uha"iuS
imprisoned and held incOmnuntcdd0:
Jose yineene Bno 9 sa n n.anoo'
Eme,o y Cabsds Mrs william L. Lynn, ]
Lucas D. Castro, i NJ. rT rft. Aurs. oud
SsSRSl ga Ware, del vla- AnFusag santa Ro'''
James NJ. Edwards y a sTn. S'ro,.
Douglas McGregor, Joseph la'e. 49,,
Persons .ad to be citizens OF United states who are
i 90 have beep unlawfully imprisoned, but not held
ine0mDiunicdd0 ,,
S TSRE n no SSrv, Es;eyar b. Walls,
Raf' S. Estrada james " Miller
G CONF @'1 Y CSrtel,. Michael " Kelley
John A. M,ehsdO, Jan FTsncso 'on"e
lose To's M Ps,osS Sr'es' john joan wlsa i'
or $50 Donaronnt also transmits a list Of the de-
crees of the Spanish authorities far as known to tho
Department under which they claim 10 nave aced IN
the several seizures arrests imprsonmens executions
embareoes, and confscatiOns
On the 18th Of August 1862 Secretary Fish wrote to the
Spanish Minister Roberts asking whether be had been
course with Cuba to avoid delay Of reference to
Madrid to which Minister Roberts replied he had no
authority to settle such by agreement with inc
General of Cuba, except in certain cases named.
~ the 2st Of January last Secretary Fish ahdreSed
, .ar Roberts as to notifications Of the decree for
Iidd,, ''enation Of property Theroupon Minister
go. ID the decree as one necessary for the
i'0DoiH uol g. 'anish authority under the circum-
aoena nc ,p OIL q, 'une, 1870, Secretary Fish "ro~
Minister Roberts follows; " tbe President TO invite
the earnest attention of Don Na olenipoentiary OF
Envoy M nnd Minister SIbTsv p which
persons and properties OF citizens OF the UNI - tho
Island Of Cuba. When Count VaImezeda, April -
last year, issued proclamation declaring that every
away from his habtaton and not providing sufficient
motive therefor would be shot that every house nnoc
cuped would be burned and that every house not ng
White flag should be reduced to ashes II became the
duty of the ~ a 50 us no Hf
fare his request that the authorities in CUBA would
aSe aP 6 the Of the United States
should be sacrificed in the conduct OF hosiilities
came the knowledge OF this Government that tie Cap
tainGeneral OF Cuba had on the st day q APRIL 1853,
ton of property on the island except with the revision
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 I'M
dersgned say that he viewed with regret such sweep
ing Interference with the rights OF individuals TO ALLEVIATE
dispose OF their property or that he hoped that steps
would be speedily taken TO modify that decree 30 that i.
should not be applicable to the property OF citizens OF the
United States that disputes and complaints that could
not fail TO arise out Of Its execution on such property,
might be prevented.
When, II days LATER decree was issued creating an
administrative council for the custody and cement
Of enlarged property and when three days aierWard
previous embargo to the property OF an persons eer
within without the Island, who might take part in the
nsurrecton whether with arms IN their hands or aiding
with arms munitions money articles of subsistence,
this Government confidently expected that the Cabinet
Cuba would regard the then recent expressions OF s
Wishes and would not willingly permit the rights OF
their properties 10 be sequestered without the forms OF
law to which they were entitled L. ,..
attention TO the possibility that the laws and DEGREES
which had been promulgated in Cuba might lead an
infraction of the treaties between Spain and the United
States, he not unmndful Of the disOrganzed cOnd
ton OF society in portions OF that island OF the
difficulties which attended the enforcement OF the
thory OF Spain. On the contrary he was induced to
make such representation by desire to avoid mourning
other difficulties and to prevent further complications
far as the act Of this Government could do 30.
United States and Spain provides:
That the subjects each Of the contracting parties Their vessels
other for any military expedition or other public private purpose what
jurisdiction other sha prOsoi BY orer
oeedngs usual such cases. the c1s and subjects Of both parties
they may judge proper in all TIER sfrs AM al ab Law
aud such agents shall have free To he the proceedings
S ae S sbS on I the 1 an aNa evidence when
II is with great regret that the Government Of the
United States feels itself forced say that informed
that the provisions of this article OF TIE Treaty q 1875
IN
during the present struggle U appears TO the President
that the sweeping DEGREES OF APRIL 1862 have been put
operation against the property OF citizens of the United
States in violation OF the treaty agreement that such
property should not be subject 10 embargo detention,
nnSsed is Lis, Of the ezeps OF ibe ed
TO this date who have presented this Government
plants or such embargo or detention OF their property
The Decree of Embargoes is OF itself extraordinary
exercise Of supreme power outside OF the ordinary and
properly exercised with respect the subjects OF
spain and their properties appears TO be in contrayen
g NJ
the United States and the proceeding under the decree
against the property OF citizens of the United States have
thorty OF the laws only but in the exercise the extra
ordinary functions vested in exercised for the occasion
have been arbitrary and unusual and without safe
guards to personal rights and the rights OF property
which ordinarily accompany legal proceedngs,and which
the seventh article Of the treaty guarantees II under
stood that the citizens OF the United whose propcr
~ has been thus taken forcby from have not been
allowed to employ such advocates, solicitors. notarics
agents, and factors as they might Judge proper the
contrary this Government informed their proper
ties have been taken from them without notice, and adj
vocates notares, solicitors agents, have not
been allowed Ia interpose IN their behalf
IL Is further understood that the names OF persons
time published and their properties thereafter mmed
atey seized without opportunity To them their agents
to be present any proceedings regard thereto or at
the taking Of the examination or evidence In many in
stances these proceedings have been taken against tho
properties OF citizens OF the United States who
at the time, and who have during the continuance of
the disturbances the Island OF Cuba have been within
the jurisdiction OF Spain II is notorious that by going
to the Island Cuba the official denuncation Of
their alleged conduct they would subject themselves ta
arbitrary arrest and possible summary military trial II
not to the uncontrolled violence OF popular prejudice
The undersigned has also received representations from
several citizens OF the United states complaining OF arh
trary arrests and OF close Incarceration without permits
sion To communicate with their friends with their
adNocate solicitors, notaries agents and factors rs
they might judge proper In some OF these eases the
parties have been released in Others they understood
10 Do st IN custody The unders has the honor "a
neose list OF the citizens OF the United States who
n 10 .n c nave presented 10 TINS Government com
also sue arrests have been followed by military trial