The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-11

NAV "n, 49, W dterpose In their behalf II Ia iur-
properties arc thus embargced arc from tune to
afetv sei 81 and their properties thereafter in me-
AGENTS T. ed without opportunity 10 Them OF .i!e,
the,nto , be present at any proceedings III reShru
Ience CT at the taking II the examination or evi-
henT IN many Instances these proceedings nave
h n .Hco safes who were not at the time and who
ave not during the continuance OF the disturbances
on the Island of Cuba, been within the JURISDICTION
OF Spain II notorious that by going TO the Island
OF Cuba alter the Official denunciation or their
alleged conduct they would subject themselve. "
arbitrary arrest and possible summary mliitary
trial. f not To the uncontrolled violence OF pOpul
pr JUDGE. The undersigned has also received re,
presentations from several ciizens Of the United
States complaining OF arbitrary arrests and OF close
inca ceration, without permission to communicate
with their friends or with their advocates s,llcors
notaries, agents and factors as they might Judge
proper. In some OF these cases the parties nave
been released In Others they are understood 10 pe
still In custody. The Undersigned mas the houor 10
enclose list OF the citizens OF the United states
who up 10 this date, have presented TO TINS govern
some cases also such arrests have been followed by
military trial without the opportunity OF &C
cess to advocates or solicitors or OF communlea,
personal rights and legal projections which they
assur.dly should have enjoyed. and such summary
trials, when ending In conviction, nave been iol-
lowed by summary punishment. Such cases SO far
as they have come to the knowledge OF The under
signed are enclosed In the list herewith transmitted.
What has been already done In this respect Is un-
happily past recall aud leaves TO the united States
claim agains SPAN Tor The amount OF Inc INJURIES
these several vioiauons OF the treaty OF 1880
claim which the undersigned presents on
behalf OF this government, with the con-
ndent hope that the government OF Spain, recognize
ing It's justice and making some proper and suitable
rghtfuly TO each claimant Will also order the
Immediate restoration to the citizens OF the United
States OF their properties which have been lhus en-
United States thus held or their immediate trial
under the guarantees and with the rights accorded
by the treaty. AS to the future, 1t Is conf-
DENLY expected that steps Will be taken
10 insure against further violations OF the treaty.
The gh sense OF honor for which Spain is proven
bal wii The Pres ident feels assured prompt her
take vigorous steps to secure to the citizens OF the
United States IN their Spanish domnions the fui
measure OF the rights accorded TO them by The treaty
OF 1895. The extraordinary powers as 10 allars in
Cuba, which were conferred upon Mr. Lopez Roberts
by his government and which were communicated
TO the undersigned on the 18th day OF August last
are understood by the government OF the United
Stsi to he broad enough M MIN to arrest
and 10 obtain the restoration OF the properties. r.
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 iDstrGc
lions may be given to the United States Minister at
Madrid.
In closing this note the undersigned must expressly
reserve to The government OF the United States the
right to rese its grievances on these points as new
facts may come to Its knowledge showing further
ana other injuries 10 the properties VI citizens O the
United States from like causes.
The undersigned avails himself OF this occasion to
renew to Mr.. Lopez Roberts the assurance OF mis-
highest consllera ion. HAMILTON FISH.
MIR. Roberts replies to Mr. Fish, June "a, as fol-
lows
The honorable Secretary OF State OF the United
States was pleased TO address note the 9th inst
to the undersigned, nqutrDg whether the powers
with which, he states In his communication OF Au-
gust IL 1859, he had been invested were or were
In the Of seizure OF property ana of arrests OF
citizens OF the United States which are declared by
the Island OF Cuba In manner contrary
10 the spirit and letter OF the treaties
existing between the United States and SPAIN
the federal government proposing In case that the
undersigned Is not In possession Of tile powers re-
fired TO, to send the necessary instructions TO It's
representative at Madrid, General SIcKes The
undersigned has the honor to inform the honorable
Secretary OF State that In view OF the favorable stua-
ton In which the island OF Cuba now IL, the govern
ment Of his iIighDess the Regent OF the Kingdom
no longer deems II necessary TO continue the powers
which were granted to him at the time aforesaid
and which are mentioned by the honorable Secre-
tary OF state In his note.
The undersigned avails himself of this occasion to
TO the honorable Secretary OF State the assar-
ances Of his highest consideration
MAURICIo LOPEZ ROBERTS.
Secretary Fish The oath Of June, 1870, addressed
long letter to General Sickles, enclosing note TO
MIR. Roberts and Roberts reply inslructing him to
bring the whole subject to the notice of the Spanish
government and 10 say the President hopes that i'm.
mediate steps Will he taken for the release of all the
citizens of the United States who may be held in
custody in Cuba In Violation Of the provisions OF the
treaty of 1885, or for their immediate trial under the
guarantees and with the rights secured by the treaty.
General Sickles il also instructed TO ask for the
storaton to the citizens OF the United States Of their
properties and Estates 80 far as the same have been
arbitrarily enlarged in violation of the treaty.
The Secretary says
You Will also endeavor to secure some mode for
the early and equitable indemnincation and sasrac
violated OF the amounts which should rlghtfuy
come TO each claimant for the illegal detention OF
~ mr. yIll COZ hat
suggestion is made In the interest OF peace, OF justice
and Of good will, III order TO secure measure OF
damages IN each case which shall be just as between
the two governments. You VIII also say that 1t Is
extremely desirable to have the Investigations con-
without subjectng the claimants to unnecessary
pense, and cannot be done In Cuba at present with
out sub)ectng many Of them to pc sOnal danger. In
this connection must again. on behalf OF this gov
eminent, express In the interest of good will and
the continued good understanding which we desire
to maintain with Spain the strong desire of the
President that the government at Madrid Will con-
fer fresh powers upon Mr. Lopez Roberts, or upon
such other person this side OF The Atlantic may
be selected Tor That purpose to arrange all such
questions with this government. The Spanish
authorities In Cuba seem 10 have absolute power
for the commission OF such acts as are now COM
pained Of, but when redress Is sought we are re-
1erred 10 The dis ant Cabinet at Madrid where 1t Is
formation ana the case is thus suspended ana delayed
to the grevOus injury OF the parties and the haz
ara OF irritation nom me delay OF when tne neces,
the public. The President has respected the Spanish
claim OF sovereignty over the Island OF Cuba during
the present contest against strong sympathetic
pressure from without. Spain owes 1t to the United
States, as well to her own traditional sense OF
justice that her sovereignty shall not be used for the
oppression and injury Of the citizens Of this republic.
You viii urge this point in every way that your good
Judgment may suggest.
Secretary Fish to General Sickles July 1, referring
to the note of Mr. Roberts, says
In bringing this subject to The attention of the
Spanish government, you will state that II the sltua
ton in Cuba be SO favorable as to render those
powers unnecessary 1t ls hoped that the and
embargOes comp aimed OF will not rccur and that
immediate PREPARATION Will be made for those that
have occurred.