New-York tribune., 1876-01-22
SUMMARY OF TIE NOTE.

relations with spain and considers the progress made in
dsposing of the outstanding questions which have Tor
some past seriously threatened the relations OF the
two countries The prominent questions, apart
from the general question Of the unsatisfactory state of
affairs WERE ut the time OF Minister Cushngs departure
from Madrid. those arising from tho embargo ana
conscatiOn OF estates of American citizens on tlat
island relating to the trial OF American citizens VI
violation of treaty obligations and the claims arising
out OF the capture OF the Vrginius, including the
ti1al and punishment Of Gen. BurIie The Secretary
saws: In reference the arbitrary seizure and with
holding of the estates and property OF ctzens OF the
United States in CUBA under proceedings OF ooscaoh
or embargo, sOcacd, separate instruction was al
dressed to you under date Of Feb g. prior to your de
parture for your post referred therein to the general
facts surrounding these and To the arbitrary action
of the authorities by which the property OF American
citizens had seized in violation OF treaty lroNsohs
Ia absence of Judicial proceedings without hearhs,
and under such circumstances 10 call iOr Nlgoinus
protest and demands benalf Of ths Government Tue
general facts surrounding these cases arc Won blown; i
II is not pretended, 50 iar a. am aware liat '5 , a.
justification for these WRONGS has zen attempted Oh iHe
IaIt tp authorities OF spain or tnaI thtNe proceed
in-s in Cuba are defended OF uleIu on ue w. ~,
pursuant To decree issued by the Government on nc
i2tn of July, 1873, tie Illegally and lndeien'ihe
character oi these acts were admitted ana th epEocS
ordered 10 be Iemo' ed and p%pe 10 De THStDlI %
ference. not even published or adyerted to, ana
the proceedings the authorities were IN
the tine Of the visit of schor soler Pa,
Minister Uramar, the decree was IN some lhstan es
yidu At eases comply herewith In general however,
il was claimed either that ncumbrances tA'tt' aihg
compliance theewh imposs ble. or the den,eiy @ T"1
of red Durdened by leases ncumbruoes ana coulleu
with unfair conditions or demands, or delivery was
that particular property was con-
scacI embar coed In fact the decree was treated
You were informed thai President, while not dis
posed question The willingness of the %ulLoIlits IA
Spain 90 justice 10 this Government ana her clZeh
expected tlat would be found to compel tue ase
IN uba obey the orders oI The supreme GOVeIhm' nj
Reference is then made TO several cases oi embisoti
prOpIty then before the Spanish Minister OF state, anu
T., said Spain took lydntage OF the opportunity 10 de-
cline make any decision on the principle t,eii the
CIiado wac but individual Jointly interested with
others III the decision Of principe anu DeciSe so'o
plan supposed to have been iounu as 10
his right to claim nG %neIinuy 1Tneat M was sas ,5sn sT
to decline make decision on the principle i'se
1t s uscerained however that not only ,h9 CLAIM @ ta!
Mr.. Cuado s not citizen Is not wei fouhaeu Ou la'
of ms claim the VI Ncd Commission Is progressing
and tuis question mas been raised But the advocate
ON the ,at Of Sla.u is understood 10 have declared
himself satisfied as to Mr.. Cnaio's citizcnship'
ar Cushing again argued the question III me other case
but IA change Spanish Ministry changed the aspect
affairs The question was ieoihed lOi ,le se~colu ~
date of the SrcretaTys note settlement had been
reached. Thus the general question mas Deeh pehu'HS
for six years
TRIAL OF AMERICAN CITIZENS BY CoURr-MARrIAL.
The kindred treaty question reference 10 the trial OF
citizens Of the United satcs in Cuba by courtmati"
and the arrest and punishment OF our citlzehs
without trial in violation Of the treaty OF
1895, the Secretary says, is in substantially
of Spain loud in their dcnuncations OF acts o
cruelty when perpetrated by the Cdfsis ana Mnlc ~
natural refuge of the mother country or her coOh!i
authorities when deemed necessary aid cohs sun
o sane difficulty has occurred IN inducing an Minister
of state fairly meet The question ana eh.I Vol,It
himself justification OF such pfacees oi 10 TO iinhhiy
and public law, and 10 provide remedy Is rue ht
in isolated cases, where the spanish uoSclnnii ,i % '
beer sOyn that insI-iancc Oh ttla ny courtindItN m
plcd state OF IN Cuba which might lct 10 lDSlchi
The authorities nave admitted the Justice OF
IN 1873 proposing the trial OF the sailors oI p'
Union Dy tue ordinary tribunals, pursuant TO te lfea
OF 7g- as reie1Ied 20 in my No 2fs; but III general
when questions have been presented the ueio'
Ministers OF have cOuteDted themselves WIN cA
pressing their intentions fairly respond and the inten
ton spain perform all her treaty obhgaohs. N9t
having Addressed Ar Uoa upo, thi- question, in Dock
rays case, promiscd 10 meet tho ISSUE in promise
remains unpeIfurmed and although the late negOlla-
tons by winch 1t hoped some solution o these que
might he reached, would have applied also 10 'ls
question: the matter remains lhul7iNt VI, hhu VIC
authorities Of Cuba are enabled upon convenient
again resort TO such military tribunals OF 10
punish without tria; lS ,Yo simple n1ii'
promises repeated, the assurances gwen IRON
time To- time that something should be done the adh
sion OF the justice Of the demands OF TINS country al
extent OF expressing regret Tor These wrong
and promising redress, followed as ihey have Degn Dy
absolutely Performance and no Practical steps "hnt
toward perlorIudnce-need no eAlcnueu cohihen|
TIE PROTOCOL or 1873 EvADED.
The capture VrRDius and tho execution OF 80 OF
the assngcs is next tagen up and the Secretary
80 far payment Of money can atone for the e1ccu
these unprotected prisoners that has been accom-
plished. The higher aud more imperative duty which
protocol OF Nov. 30, 1873 namely, to bring
ofed,r rs IN this tragody-has eyaded and entirely
nceccsrd Having ade this neglect the sdiJect OF d
separate instruction under this date abstain nom FUR
er reference thereto. While have desire 10 detract
from the settlement which obtained to deprecatc
the action MI Castro, the Minister Of state, III the
payment OF the lndelnn particularly as he seemed
IRON the first presrntation OF the question to De in
.l. 81. inf .f "A
with aversion the acts when gave ise 10 1t IL
bat just considering the general course 9f the autho
delay in reaching an adjustment ana prlncipaiy To Tue
fact that the the settlement was al last reached
only afIcr every delay had apparently been exhausted
As you aware, Mr.. UhOa, tBeh minister vi Siate
under date of Au. IS, 1874, and probably npeiied ny
some pressing necessity addressed the British Charge
d'Anares Madrid, substantially agreeing 10
the British subjects board tnat vessel me equ4y
strong il not stronger claim )f United States con-
nU In bc discussed in aird after the promise OF
ement with Great Britain had beo- 1ade; and inforna
ton Of this adjustment reached this Government con
authorities spain. Oar settlement was only accom-
pished the month OF March following In dong exact
justice proper, however, to give Mr. Castro due
credit the payment OF the amount nhay agreed upon
without further controversy and before the time stp
lated Tor pay lnent hdd expired In adveriipe To heae
delays and failures 10 meet our just demands GU the part
OF the authorities, must express satisfaction wlth your
patience and energy under These adverse circumstances
and particularly III beginning anew with each rapidly
san tbese different questions Progress
has not been delay ed for want OF information om YOU
nor from lack of faithful and forcble presentation
FAILURE OF OUR HOPES IN REGARD TO CUBA
ain this early instruction" the Secretary continues,
was expressed the sincere and unsehsh hope OF the
President that the Government OF Spain would seek
some honorable and satisfactory adjustment based upon
emancipation aud selfgovernment which would restore
poace and afford prospect Of return OF prosperity TO
Cuba. Almost two years have passed since those IN
were and those strong hopes expressed
and would appear that the situation has In no respect
improved
Under tho circumstances and in view OF the fact that