The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-01-22


case OF Mr.. Criado as reported in you
No. 05, to the effect that he was not
bona fde citizen Of the United States, an,
thus to avoid decision OF tho issue be
fore him. AS far az the case was concerned
Mr.. Criado was but an individual joint,
interested with others and with the de
cision Of the principle, and because som
flaw was supposed 10 have been found a
to his rights TO claim the benefit Of h,
general principle, then the decided op
portunity was taken, and he declined t
make any decision on the principl,
itself. 1t is ascertained, however, no
only that the claim that Mr.. Criado is no
acitizen, is not well founded, but trial o
his claim before the mixed commission i
progressing, and this question cha
not thus been raised, but the ad
vocate on the part OF Spair
is understood to have declared himsel
satisfied as to Mr.. Criado's citizenship
the Spanish government thus avoiding thu
issue. You again urged the question in
the cases Of Mrs. Fares de Mora ant
Mrs. Dclgado, as reported in your No
322. Subsequent to this date, in severa
dispatches, viz, in your Nos. 3S7, 442, 45.
and oil, the last being dated September
Sth ult., and in several kilograms, you
have reported the progress Of q scheme o.
settlement which it was thought was
about to be accomplished, when change
in the Cabinet suddenly displaced Mr.
Castro. Whether had Mr.. Castro remain.
ed in office general order or decree
would have been issued Of the charac
ter reported to me in your No. oil
1t is, OF course, impossible TO say wheth'
or, il issued, il would have received q
more respectful obedience than prior
orders on this question. and must also re-
main unanswered. However, you state
that the question has been reopened and,
as you inform me, with some prospect OF
nm adjustment, but no adjustment has yet
been reached, and the general question
has been pending for more than six years.
The kindred treaty question in reference
to the trial Of citizens Of the United States
in Cuba by court martial, arrest and pun
ishment Of our citizens without trial in
that island in violation OF the provisions
Of the treaty Of 1895 is substantially in
the same position. This government
prior to your appointment has unfortu-
natcly been compelled to interfere in be-
half Of its citizens on several occasions
where the authorities in Cuba had entire
ly disregardcd not only the provisions OF
our treaty, but the rules Of civilized war;
fare. After your arrival at your post
you addressed the government in refer
ence 10 these questions on various occa-
sions, both in connection with the contis-
cation and embargo cases separately.
The authorities OF Spain have been loud
in their denuhciation OF the acts Of cruelty
when practiced by the Carlists, and while
in some quarters martial law has been
looked upon as q natural refuge Of the
mother country or her colonial authori-
ties when deemed necessary and conven-
lent, still the same difficulty has occur
red in inducing any Minister Of State
to fairly meet the question and
either commit himself to the justification
Of such practices or to frankly admit that
they were in violation Of the treaty obli-
cations and public law. 1t is true that
in isolated cases when the Spanish gov
ernment has been shown that the insist
ance on the trial by q court martial is
implied in the state Of war in Cuba, which
might lead to logical consequences, the
authorities have admitted the justice OF
our position, as in orders sent to the Cap
tain. General in 1868, proposing the trial
Of the sailors Of the bark Union by an or.
binary tribunal pursuant to the treaty Of
1905, as referred to in my number 246.
But in general, when these questions have
been presented different ministers OF state
have contented themselves with express
ing their intention to fairly respond and
the intention ot Spain to perform all her
treaty obligations. Notably among them
you state in your number l95, that after
having addressed Mr.. Ulloa upon this
question in the Dockras case he promised
to meet the issue. That promise remains
unperformed, and although late negotia-
tions, by which it was hoped some solu-
ton Of these questions might be reached
would have applied also to this question,
the matter remains undisposed Of and the
authorities Of Cuba are enabled, upon
convenient occasions, in obedience to sup
posed necessity, to again resort TO such
military tribunals or to punish without
trial. This is simple narration Of facts
as TO these two questions. The promises
made and repeated, the assurances given
from time TO time that something should
be done, the admission Of the justice OF
the demands Of the United States at least
to the extent Of expressing regret for
these wrongs and promising redress, fol-
lowed us they have been by absolutely no
performance and no practical steps to-
wards performance, need no. extended
comments. In, cases Of embargo and
confscatson, not only have wrongs been
long since done, but continued and repeat
cd wrongs are daily inflicted.
The authorities Of Spain in Cuba DUR
ing all this time have been using the
revenues Of confiscated or embargoed cs-
tates, appropriating much Of the prop
crty itself, and in some cases executing
long leases or actually making sales on
the allegation that taxes were due or
without any excuse whatever. In cases
Of arrest and punishment, citizens OF the
United States In like manner have under
gone punishment because the authorities
Of Spain do not meet the issue and decide
the question.
Turning TO the question which arose
from the capture OF the Virginius and
the executions which followed, no ex-
tended reference is required. The par
ticulars Of the delivery Of the vessel to
this government and the payment to
both Great Britain and the United States
Of considerable sums as compensation
for the act OF the authorities in ordering
the execution Of lifty-three passengers
and the crew under circumstances OF
peculiar brutality, have passed into his
tory. So far as the payment Of money
can atone for the execution Of these un-
protected prisoners, that has been accom-
plished. The higher and more impcra-
tive duty which the government Of Spain
assumed by the protocol Of November
90, 1873, namely, to bring to justice Gen.
eral Burriel and the other principal Of.
tenders in this tragedy, has been ovaded
and neglected. Having made this neg.
lect the subject Of a special instruction
under this date, abstain from further
reference thereto. While 1 have no de-
sire to detract from the settlement which
was obtained or to depreciate the action
OF Mr.. Castro, the Minister Of State, in
the payment Of the indemnity, particu-
larly as he seemed from the first present.