New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-05-07
Excelleney schor Don Fernando Calderon Coah''s'
Mlnlsier OF stnn Of III. MniesLy tho King OF Spain:

Minister OF state Of His Majesty tho King Of Spain
The respective parties mutually desiring to terminate
ties in certain matters OF judicial procedure and for me
set forth and representations e~changtu ~ va
declaration both sides 10 the UNDERSTANDING Oh e
two Governments in the premises and rrsptctlng ti
true application OF said treaty senior Caldeaoh Noi
First No citizen Of the United states residing In
SPAIN her adjacent islands, or her utamarhe po,ss
sons charged with acts Of sedition, treason or con
spiracy against the Institutions the public sccury' me
erument or any other crime whatsoever, shall De- ~l,'t
trial by any exceptional tribunal but exclusively Dy
the ordinary jurisdiction, except IN the case ol ocus
second : Those who not coming within this last case
may bc arrested or Imprisoned shall be deemed 10 nav
been so arrested or imprisoned by order Of the clil
authority, for the effects OF the law o. Apn - IN-i'
though the arrest or imprisonment sha nave ooe
7hirJ: Those who may be taken with arms in hand,
and who therefore comnehcnded In the exception oI
the first article shall be tried by ordinary connci on a
In conformity with the second article OF tle n
oliOy for ller defense tie guarantees emDodled Ia INC
aforesaid law OF April II, 1921. $1,000.
Fourth In consequence wncreof, as wen III me cas
mentioned In the third paragraph. as IN thpse OF "
second the parties accused allowed to name atto
suitable times They shall be furnished i'm due season with
a copy OF the accusation aud inst OF WtnSSS S
fore tie pre- sumed criminal ms attorney ana
in conformity with the provisions OF Articles 20 10 81 on
the said law tncy shall have the right To compel the
witness OF whom they desire to avail themselves 10 a
pear and give testimony, or to do 1t 6y means on a.,
ir nroicr and thew shall be permitted TO be present
and to maze their defeuse In public tTla, Oray "l "
writing by themselves, or by means ot thelr coul,
RIM The scntt pronounced snail be referred u te
audiencla Of the judicial district or TO the canaan
before the ordinary judge before the council OF war
in conformity also with what is prescribed in the ABOVE
Mr. Cushing declared as follows:
first: The Constitution OF The United States provides
meut shall be 10y jury, and such trial shall he hed IN
the state whore said crimes shall nave Dcen commit
the trial viii proceed IN sucl place as Col-
gees may direct; art Ill, Sec. y that no
infamous crime unless Presenucnt Oi Etdhd jury
except in cases arising in the land and naval forces Oh III
Constitution Article 81 and that in all criminal presena
tons the accused shall enjoy the lisht 10 q speedy
ff be State and MD district wherein the crime
shall have been committed ana - 10, lhloimst ~ a."
nature and cause Of the accusation; 10 be- confronted
VIZ 5lc ~ il, i ft,or arI - M so
counsel for .s deonse amendments 20 Constitution
Sc5% The act OF Congress OF April 80, 1890 CHAPTER
g. section 20 cuacyd m "a, Revised statutes, provides
that EYER IcrsOu accused OF treason shall nave copy OF
the Indictment and lst OF s jury and 81 th' witnesses
to Dee produced az thr trial delivered To- hlm Three Gay
before jl, n and M all otncr capital cases Two NaS
before that ,aEc' place. tidt ID an 5i' od's tu
c,ri shall br allowed Co make n5 u defense ny counsel
.,' H. ,,,,,. ti"t D.. .baI IA. allowed in hi- dp-
tense 10 make amy proof wui"n he produce hy hMiu
wm'sscs and 4e shall nave due power 70 'ohpei "i7
wi,ur.sts o. appear IN couri.
IIitt: All tuc,t provisions ~ the constitution and OF
acts Of Congress are OF constant and permanent l@t'
except occasion OF the temporary suspension % ''c
Ion4l rHo provisions herein set forth apply Ia terms
to mi .efIrs accused of tuc commission o reason %
other r3ltal crimes m tho uted States and therefor,
1s we'll by the ictterui tIr Law t5 W Nltl' gu
mn suanaris residing or being n 900, United stiieo
scn.r Caldcron Countes then declared ~ follows:
Inlev of the satisfactory aouinci Oh TINS si,5,I2I
n manner 30 prop I'i ' p ,.l' o'. W l,d n
order t. afford tu fhe Government "i ,He Ih'o LUZ