The New York herald., 1873-08-15
q y 3 A..
Tho Spanish Decree for the Relief Of Embargoed
Property-Provisicns Of the Measure and
It's Importance to Americana
HAVANA, August 0, 1873.


HAVANA, August 0, 1873.
The question of bienes enbdr0ados, or OF property
sequestered from the insurgents and their sympa-
thizers is one OF great interest," and, just at pres
ent, will prove OF great Importance In the face OF
the recent decree Of the home government. Many
American citizens and Cuban exiles are deeply in
terested in this matter.
THE DECREE
will be published In few days In the OlclaL
Gazette, and will go into effect so the pre-
lmnares OF its execution are settled. T'.c
preamble, which emanates altogether from the
Colonial Minister, commences with references to
inspiration in the principles of strict legality which
forms the basis OF democratic creeds, and the
Minister'S examination Of the important questions
connected with the insurgent state of Fart OF the
CHban territory, and which may have given cause
to abuse OF authority, unbounded excess, grave
attacks against the personality OF citizens, to .
more or less degree preiudcia aud, unfortunately,
too frequent In the history OF all civil contests
The Minister uses further the strong expressions
that upon taking charge OF his portfolio he found
state Of. affairs In his opinion altogether
anomalous, great amount OF property
wrested from the original owners by mere guher.
material proceeding ana delivered to an admin
istratlon rregularly formed and acting in the name
OF the government with notable loss in the pro
support from their property and with prejudice
to the public welfare, influenced by the
want OF regularity and order and absencs
OF individual interest in the management
and improvement OF the property. That such q
state OF affairs could not cO-eXist with political
system based upon Justice, and would only tend
to still further foster hate, to make barren q
great part OF the rich territory OF the island
and to increase disturbance and discomfort.
That the CuDan insurgents, those who more
or less bravely keep up the present bloody
and devastating struggle by every means in their
power, such indeed require strong chastse-
ment especially as the government OF the Re-
public offers to all Spanish citizens safe and elca-
cious guarantees Of right and order, and means
to make known and propagate their political
IDEAS But not for that consideration should any
government be empowered to deprive it's
citizens who stray from the right path Of their
means of support and cause their families
to beg the bread which formerly abounded on
their table. That, apart from these considerations
there is not In the laws OF nations any precept or
principle which authorizes such appropriations,
nor In good judicial theory Is such a proceeding
admissible, and not even an exceptional state OF
war can authorize, under any preteXt, tue adop-
tlon or preventive measures OF such ranscendental
to the purpose even which inspired them.
In view OF these considerations the Colonial Min
ister Don DO ~, Francisco ,a1 suaer @ Capdevlla pre-,
decree, which the government approved and
promulgated in the following words:-
DECREE.
In view of the reasons manifested by the Colo ial
Minister the government of the Republic decree
as fOlOws-
cree as paolished IN the oSsa Gasees Of Maird shall
declared raised all the emSarsoes On properes Of the in
he oS Sscer IN 0
requiring order effect It, other or!naes proofs
% s1sy ~ % G ssr BY
ali,y of the claimant ,...,. ,...,
speed the wh,eh may arise hy reason Of me
Owl Governor Of the Island OF Cuba viii Immediately
10 S The @ s Card
a SS SS ths se ses rssdsn S the OF as sndSHe snd ,S
s Of snS % % pnsSs %
claims prese ehted by those concerned without any oher
taxing appeal before the government Of the Republic
Arr! 4-The Board OF Officers charged by the preceding
aIsfs s Mas se ana e h % CT to
a. nee for sb more d With The
% the s1 9H 81 I
other dspendences Of state the data ana anecedents
iPf Msr fs % dictate the
instructions for the execution OF the pre- decree
By he soana those drawn up l0 the
The Colonial Minister-suxER CAPDEvILA
Dated at MADRID July II, 1873
PUBLIC OPINION OF TIE MEASURE.
1t will be seen that the decree Is ample and absO.
lutte, but am assured by person well Ia formed
from high authorities that the private instruc-
tiOns attached to the carrying out OF the
decree exact certain and determined condl-
tions. AS referring to foreigners ana Ameri-
bargoed property is to be made, this will not
be done before the Spanish.Amercan Claims Com
authorities here have made efforts to furnish TO
their advocate the proofs OF implication with the
insurgents or many or the claimants before that
Commission to justify the embargo OF their prop
erty; but If proved innocent by the Commission
their property Will be returned, and thus avoid
the competence OF two Courts, one at Washington
and the other here
on the other hand, such foreigners or American
citizens as have their property embargoed and no
legal proofs appear against them, and have
claims ned before the Commission will probably he
put In immediate possession OF their property; but
these decisions win be subjected to a new ciassf-
cation which is 10 be made by the Board as
In respect to Cubans am perfectly
informed that property. viii only be
loyalty Is not proven, and who retain their cvil
rights. Probably in the majority OF those en-
bargoed this has not been sumciently Justified;
but in those cases where sufficient evidence exists
and the PROOFS are clear and positive. the property
will remain embargoed. Those whose property
has been confscated in accordance to a sentence
by court martial, or for contumacy, will remain
Notwithstanding the slight confidence which this
new decree has seemed to inspire, 1t must be ad-
mitted that the new Junta, composed of persons
fessed republicans Will likely act more In accord
ance with justice. The principal point gained ana
the great advantage Is, that Zulueta Alvarez and
the entire retinue Of personages representing the
rreconcilable oliparchist party viii have nothing
to say, nor have anything iurther to do with EN-.
barg0es and dlsembargOes, as the undoubted and
unustihed prejudice O those slave dealers has
prevented many an act of justice IRON being per-
formed in regard to the raising OF embargoes but
on the contrary has contributed to numerous con-
nscatoDs and misdeeds 1t is said that actlonary
manifestation Will be made In regard to the decree
but II Is yet to be seen whether these persons who
have played with the authority OF Dulee, R0das,
CreaDO. ValmaQeda Cabs cvviu a. az