The New York herald., 1875-12-15
.ursuncs or.ho public peace vas established BY law in

"a say tbe law or 1773 which rendered subject 10 tho
jurisdiction OF courts martial all persons engaged
in armed disturbance OF the public peace,
even II not in state or war or insurrecton. 1T Is
certain continued my semi Official authority waxing
warm on the subect that the seventh article Of the
Treaty Of 1875 THE wording or which l 40 not quote,
not having copy OF It at handl stpulates that
involving the persons and property Of American citi-
zens shall always be tried in the Spanish dominions
accordance with the laws and the form OF proceedings
therein established But as the law there in force was
that Of 1898, which prescribed trials by martial
in certain cases there can be legal doubt to the
fact that the seventh article OF the treaty of 1895 re
ferred that Law and to that form OF proceedings for
the trial Of crimes OF rebellion referred TO the civil
law for the trial Of common crimesn
CONCESSIONS
Then what has your government conceded TO the
United States ~ said hardly able TO conceal feeling
OF impatience.
"lf you will follow me patiently little further on
you will nnd your question answered, continued he.
Besides the law OF 1898 have the laws OF 1901 and
1902, according to which crimes OF treason tindenea
placed under jurisdiction OF military trbunals"
MILITARY TRIBUNALS
But 1t has been alleged that those military tribunals
with their summary proceedings, offer little or no
means or defence to parties on trial." remarked, in
further interruption OF his argument
"Do not believe it, he replied. "In the first place,
they collective, every such tribunal being kind OF
jury composed OF six or commissioned officers OF
the army or certain rank. Then the accused has a
right to select his counsel from among the officers OF
the army, and in Of refusal the Captain General
appoints one for him officially
TO CONDEMN ACCUSED
majority Of the court is required but additional
safao rd ha ho tha
approval of the Advocate OF the Army (who must bo
always experienced lawyer, versed civil and mill
tary law and the confirmation OF the superior military
authority, which means. in the Island of Cuba, the
Captain General. In where the Advocate Of the
Army and the Captain General not in accord the
latter Is bound to suspend the execution of the
tence and to consult with the Supreme Court OF Mill
tary Justice, established in Madrid, and composed
OF generals and lawyers or great experience
and learning This tribunal equal in rank to the
Supreme Court for civil and criminal justice, examines
such cases with attention and mpartiality, has
power to condemn to penalties members OF
courts martial If they have not applied the law with
justice.
This shows that the military tribunals OF Spain offer
all the guarantees OF impartaiity Notwithstanding the
rapdity OF their proceedings. This system of military
justice used in all Europe in time OF war nsurrec
tion- 1t was applied in the United States during the
late civil war, alike to American citizens and for
eigners -
COURTS MARTIAL IN THE UNITED STATES.
Here again. remarked that there this difference
favor of mode OF dealing that no was any
civilian executed during the late civil war in
quence of any sentence OF court martial for TAX
ing active part in the insurrection.
He said he could not discuss that point, not being
sufficiently acquainted with the history of the Ameri
can war, rebellion He was personally in favor of
the abolition of the death penalty, and SO the
government and the people OF Spain During the year
following the revolution OF 1868 sentence of death
was executed, no. not even for common crimes. But,
unfortunately crimes increased to such an extent that
it necessary to restore the death penalty.
THE DEATH PENALTY IN CUBA.
l interrupted him with the question, ''Are, then,
courts martial to continue Cuba as heretoforeS 2"
Certainy,n = he replied, Sin dealing with insurgents
and conspirators whether they be Cubans pennsu-
lars: persons who are in arms against the national
authority, assassnatc peaceabe citizens and destroy
their property According to international law, every
State has the right to apply to foreigners the law
as to its own citizens
sour government has so sincere desire to maintain
the friendship that has long existed Spain
and the United States by preventing all possible
OF complaint, that it VIII future concede to all
foreigners residing in Cuba the right Of choosing their
counsel OF defence from among civilians instead OF
army officers. This, you Will observe, Is granting
privilege 10 foreigners over Spanish subjects"
But in spite Of this safeguard, rejoined, ''cours
martial are exposed to suspicion, on account OF the
summary way Of their proceedings.n
''Granting even that he said 'the concession could
be extended even still further without wounding our
national dignity and violating laws OF country
snail explain to you. law enacted by our Con-
gress in 1921 regulates the form OF proceedings TO be
taken against persons gutyof the crime OF rebellion
1t subjects martial all rebels taken by the
military authorities and to the ordinary tribunals all
those taken by the civil authorities This law as well
the laws Of 1893 1901 and 1902 has always been ap
piled in Cuba and the United States have never pro-
tested against their application.
THE FORM or PROCEEDINGS
prescribed by the law OF 1921 gives safeguards to
the accused than that Of the former laws 1t grants
him public trial, the right of selecting counsel OF de-
fence Of presenting witnesses and OF their
amination-n short all the of defence given to
the accused in civilized countries including
the right Of appealing the Superior Courts
tAudienciasl and in TO the Supreme Court
at Madrid. But the maintenance Of the laws OF the
land could be brought to accord with the wish
OF the United States governments that Ameri-
citizens be tried by civil tribunals
by decree the part of government
the effect that in future all foreigners accused OF
treason rebellion or OF completely with these crimes
be tried by civil tribunals whether captured by the
civil or military authorities This further privilege
am sure do away with all pretext for saying that
the seventh section Of the Treaty Of 1895 not iu
filed even II interpreted in the amplosi manner"
Most Of the gentlemen present listened attentvey
to conversation, remarkng, generally, TO the effect
that the above mentioned concessions the utmost
that Spain could make to the United States This sub
ject having already monopolzed too much OF the after
dinner conversation the company turned TO other
topics which we're not Of public interest.
VALUE OF TBE FOREGOING
When took leave Of my host | inquired whether
could safely consider the ideas expressed by the gentle
men specially referred to the opinion Of tho Spanish
government He replied, "sehor R Is one OF
the leading members OF the Council Of State and you
ntI 49, NmFff