The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-07
OUR RELATIONS WITH SPAIN.

THE PROTOCOL OF THE CONFERENCE CONCERN
ING JUDICIAL PROCEDURE.
WASHINGTON, May Q. 1877.
The following Ia the protocol Of the conference and
tho declarations by the United States Minister TO Spain
aud the Spanish Minister OF Stats concerning judicial
procedure NAMELY
The protocol OF u conference held at Madrid on tho
18th OF January 1877 between tho Hon. Caleb Cush-
Ing, Minister flonipotentiary OF tho United states
OF America, and HIS Excclency Senior Don Fernando
Calderon Conntcs, Minister Of State OF HIS Majesty
the King OF SPAIN
Tho respective parties mutually desiring 70 termi-
amicaby all controversy as 10 the effect OF exist
ing treaties In certain matters Of judicial procedure,
anu for tho forth and representations ex-
changed in various notes and previous conferences.
proceeded TO make declaration both sides TO the
understanding OF the two governments In tho prcmi-
SEES ard respecting tho truc application O sad treaty
Senior Caderon y Coantes declared as foliows;-
Ftrst-No citizon OF the United States residing Ia
SPAIN her adjacent islands, hcr uitramarnc possess
sions, charged with acts OF sndton treason or con-
the Integrity OF the territory against tho supreme
government aAy other crime whatsoever, Shall DO
sivey by the ordinary Jurisdiction except In the case
OF being captured with arms III hand
Second-Those, who not coming within this last case,
may DO arrested or imprisoned, shall be deemed 10
have boon arrested or Imprisoned ny order OF The
c,vil authority, tho effects Of the law OF April H.
1871 even though the arrest or Imprisonment shall
have been ELECTED by armed force.
Third-Those who may be taken with arms In hand,
and who are therefore comprehended IN the exception
of the first article shall DO tr cd by ordinary council
Of war, conformity with the second article OF tho
hcre,nbefore mentioned law; but even In this case,
the accused shall enjoy for thor defence the guaran
tees embodied In tho Aforesaid law OF April II, 1921
E0ss,fh-In consequence whereof, us vol In tho
cases mentioned In Inc third paragraph Us IN those OF
second tho parties accused arc allowed to name at
torncys ana advocates who shall have access TO them
suitable tDes They shall be furnished in due season
with CODY Of the accusation and list Of witnesses
for the prosecution which latter shall DO examined
before the presumed criminal his attorney and ndvo
cate In con ormity with provisions Of articles 20
TO III OF tho said iaw-lhcy shall have tho right TO
compel tho witnesses Of whom they desire TO avail
themselves 20 appear and give testimony. or TO do Il
evidence they may judge proper, anu they shall
be permitted to be present ana make their defence IN
public trial. orally or Ia writing ny themselves, or by
means OF their counsel
Fifu-Tne sentence pronounced shall DO referred to
tho Audenca OF the Judicial District OF the Captain
General according us tho trial may have takon place.
before the ordinary judge or before the council OF
war; in conformity also with what is prescribed IN
tho above mentioned law.
Tux AMERICAN DECLARATION
Mr.. Gushing declared as foows:-
FYrst-Thc constitution or tho United States pro-
vides that trial OF all crimes, except IN OF
Impeachment shall be by jury, and such trial shall be
held the State who're sad crimes shall have been
committed, or when not committed within any State
the trial will proceed such place Congress may
dircct art Ill ~ that person shall DO held
TO answer Tor capital or otherwise Infamous crmo
unless on prcsentment OF grand jury, except In
cases arising In the land and naval forcbs, in
the militia when In active service amendment TO the
constitution, arcc 81 and thatin all criminal prcson
ana public by impartial jury OF the Stale and
district wherein shall have been committed
be informed OF the nature and Cause OF the
cusaton; DO confronted with the witnesses against
hun; 10 have compulsory process for obtaining wit
ncsses his favor and to have counsel tor his defence
amendments 10 the constitution, article o.
Second-1he act OF Congress oi April ~, 1870, chap
ter section 30 rccnactcd IN the Revised Statutes
provides that every accused Of treason shall
have u copy OF the indictment and list OF tho jury
and Of the witnesses be produced ut tho trial.
delivered him thrce days before the same, and III all
oshcr capital Two days before that takes place
that ali such the accused shall be allowed TO
make his full defence by COUNSEL learned In Inv. who
snail havo tree him at nll seasonabe hours
that he shall be allowed In his defence TO mako any
proof which he produce by lawful Witnesses. and
lac shall have duo power TO compel his Witnesses 10 np
pear in court.
TA,rd-AlI these provisions OF tho constitution and
OF acts OF Congress are OF constant and permanent
force except Occasion OF tho temporary suspension
OF the writ Of habcas corpus
Fourfh-The PROVISIONS Eorein set forth apply In
terms 10 all persons accused OF the commission of
treason or other capital crimes In the United States.
and therefore, well by tho letter oil the law rs In
virtue existing treaties tho said provisions cxtcnd
to and comprehend NIL Spnnards residing being IN
the United Stntes.
Senior Caderon Collantcs then declared as fol.
lows-
In Wow OF the satisfactory adjustment Of this qucs-
zion proper Tor the preservation OF the
friendly relations between the respective
and In order to Afford to tho government Of the United
good faith OF His MaJcstys In the prem
command will DO gwen by royal order for the strict
observance OF OF the present protocol In all
the doinnions OF Spain and specifically In tho island
OF Cuba.
In testimony OF which we have interchange abIy
signed TINS protocol
CALEB CUSHING
FERNANDO CALDERoN COLLANTES.