, 1876-01-22

1hca1 a.atlrancca wcro repeated to yon BY slr.
IIloa. ~ lapotted In yonr No. a5, under date
fopt. 7, 1874, ard III your No. 1885, data Nov. 19,
lnado.. Nevertheless, with Ill ttean caana, long
e'ncs brought - thu attention OF the Spanitli
tiDyorn,nnut, With tia Gtse OF Mry. FAtrns do
Mora, before tue Minister OF Htatc In c0nnhcliou
WITH shAt OF Mr.. Ctieao, air. Ulloa tonk OCCASION
ported lu youe No. O5 10 tlls eiTeus that ho vas
not bonn lido ejsizon Of tho Uuitod statos. snl
tluB
70 AVOID THE nE1IsroN or 1ssuE
before him 80 far az this caas mas concerned.
Mr. Cr,elo waa but ono individual Jointly inter-
cstnd With ot!lerH With tho decision Of principle,
and. becaHnn somr flaw MAS auppoaed to have
hoen fouaa to bis right to olRim tho benefit Of
thognneral principle WHOM desired, an opportuni-
~ was takon to decline 10 mako my deo,hlon on
tho principle itnelf. It ia ascsrtaiod, howovor,
that not only the otatm that slr. Cricdo IL no. )
ctttzon Is not nel1 founded. but trial OF bis
claim before M1xcd Commission ia progressing,
aud this qnesst2n ,aa not sharo bcet rs,scd, but
70 have declared h[meelf satisfied as to Mr..
Cricdo'e citizenship. Tho Spanish oovstnmsut
thus avoiding tho iaauc, you again argued
q tl!o 1uestlnn Ia tho Gases tf Ars. FAIRIES
Cd III sour no. \ 912, sabsoquans to
this dato IN several dispstclos, viz. in
your NoH. 1s7, AZ, 452, aud Gil, tho last being
dated Sept. 8, u!timo; and In several
so''eEtams yoa hayo reported tho ptoSro,s Of .
about to be accomplished, when elianRs In tile
Cabinet Bu1.lauiy displacod Mir. Castro. Whether,
had Mr. Castro remained In Office, general or
der or docreo would havo b0en iBsuea Of the
character roforrcd to IN yoat No. ELL. IL ts OF
course Impossible to says and whother, II inouod,
II wonld havo receivcd q moro respectful obe-
diouce thau prior orders on this question, must
also remain unanswered. uowovbr, you state
ttnt tho question has been roonoued, aud, as
4f,Il {f1F fYEf ,f
justmont; but no adjustment has hton roacllcd,
aud the general question haa beso pending for
moro Than s!x years. Tho kindrcd troaty Qucs-
tton In rofotouco to tho
. TRIAL OF CITIZENS OF TIE UNITED sTATES
iu Cubn by oourt-maltlal, aud arrest and pu,'lsi-
ment of our citizens without trial In thAk island
In violation OF tha provisions OF The treaty Of
1705 In substantially to tho aamo position. This
QovotnmoDt, prior to yenr appointment, las
unfortunately beon compelled to intorfero In bo-
half OF ftR citizens on several occaaions where
tho authorities in Cuba Lad eutroly d1sregardoti
not only tito provisions Of our ttoatY, but tho
ru1es of civilized warfare. Aftor your arrival At
your post, you addressed tho Government in
connection with tho contlscAstou and embargo
casoB. and separately. Tho authorities OF Spain
hneo boon loud In their denominations Of sota
OF cruelty when petpotraiod by Carlsts. mud
wbile in somo 4uastorB martial law has been
looked upon as tho natural refuge Of tue
mother country OF ller colonial authorities
wlen deemed necessary aud convenient, still
tho sano difficulty has occurred Ia inducing any
anl e!tLor commit himself to justification OF
such practices or 10 frankly admit that tloy wore
III violation OF troaty obligations aud public law.
and to provide renods. Il u truc that in
iso'atnd cases. when the SpaniBh uovorument
has beat. slosn that Tho insiHtauco on trial by
courts~mattial implied q Bta4s OF war in CUBA
which might lend to logical consequences the
authorities have admitted tho tnstlca Of our po-
altlon. IN orders sent to the Capta!n-Go
iu 1863 promising tue trial Of tho sailors VI tho
bark Union by tho ordinary tribunals, pursuant
10 tho treaty Of 17o5, rcietrcd to IN NY 24G but
in general, When these questiouR tayo
bccn presented tho different MINIS
te,B OF btate hare contantod themselves
respond, apd tho intention Of Spain to perform
all her treaty obligations. Notably among them
yon state in your No. 135 that altps having adj
dressed Mr. Ul!oa upon thiH question in Douk-
rays case he promised to meet tie Issue. That
tromtse remains nnpesformcd, mud although late
negotiations by WHICH 1t waa hopcd some solu~
ton Of these guestlonH might DO
reached would have applied also to
this question, ths matter romaius undspoBod
OF, and the authorities Of Cuba ara enabled,
upon conycuiout ocaasons, IL opodieuco to sup
posed necessity. 10 again resort to snch military
tribunals ur to punish without trial!
lhis simple narration Of fact az to these two
questions, promises made and rejected: tho an.
ahonld bo douo;. tho Animation ot tue
justico of tho domnnls OF this coula.
try, ut loast to tue extent Of o1press-
inE regret for these wrongs. and promising
" no performance aud no pracio.! staps what
oyoe towards performances mood no o1tepded
comment. lp cases OF embargo mud contscn-
tiou, uot only lave WropEs ocen long eInce done.
indicted. The authorities Of SPAN in Cuba dur
lug al th!s tinlo lave bocn uHiDg thu revenues
OF tho couilscatcd or onbargond eBtntca, appro-
priatin9 much Of the propolty itsolf, ma In
casos eIccutlng long lcA6os or actually making
saFaB altAar On allegation that taxes were due or
without auy oxeuso whatoyor. Iu casos OF
arrest aud punishment, citizens Of tho United
Stnies in lIks InntIuer haye undergone punish.
meat bcnAu.o Lie authorities Of bpx.a do not
moet the iaAue Rud dnedo tho question.
TIE ytn0lslus AtFA1n,
Turning to tho question which nrOso from thn
capture Ut tho htrg.nsuS aud tho EXECUTIONS
Which followed, no extended reference IL re.
CURED, TITO particulars Of the delivery OF the
Qreat Er,tain aud tho United 6iatea OF considor-
able sumB az compensation Of tho hcta OF tho au-
thortios IN ordcrlng the execution Of afty-thros
passsbge1s aud crew uuler circumstances OF po-
cu!lar brutality haYo PASSED into history. 80
lar aB payment OF noney can atouo for tho
execution OF these unprotected prisoners, that
Lus boon accomplished. Vho higher and moro
imperative duty wllrll tho Government 0f Spain
assumed by tue protocol OF Nov. ~, 1878,
namely: to bring to Justice Gen. Burriel md
the otbor principal oHende1s IN lhlG tragedy, has
been eYaded mud outrcly nBR leatoi. Having
made this neglect tho subject Of separate iu-
struction under this uate, ubstaiu from further
reference tAeruso. Whllo I have no dos,ro
10 let,act from tho aettlemsnt which was
obtaiuod or to lopreciats tho notion Of Mr.
Castro, tho Minlater Of 5tats, iu the payment OF
indemnity, particularly ~ ho scomed trum tho
Aret presentation OF Tho question 10 bs impressud
with Tho Justice OF tho complaint, and to regatd
with natural syoFslop tho acts which gRxe riso
to 1t, It il but just, in considering tue ganoral
coureo Of tho authorities in Spain towards this
county, to refer to the Iona, dulay In reachug
Al adjustment, and prlncipallY to Tho fact thai
the haas Of aettlemont Was at last reached only
.itol every dolsY lad apparently been e1laastod:
t ststo; nnaor aa.e Aug. u, 1874. aud probably
the British Charge d'A6Airs At Madrid. SUD-
stan'iaiiy agreeing to settle tho eiaim Of Great
Hrttain for tho execution IT tho British
SUBJECTS on boar4 that vessei. j. The
equally strong, it nok stronger I claim
OF tito unitad 8tatss continued To bo
discussed tn Madrid after promise Of settlement
with dreat britain had bbeu malo, aat, mi ior,na-
tton OF this huluatMGuk EeAchod tuia t,oyern.