New Orleans Republican., 1877-05-09
Proteollon % Americans il Caba.

minister plenipotentiary OF the United
States, and Senot Don Fernando Calderon
Y Collantes, Minister of State of his
msjesty the King of Spain;
The respective parties, mutually de-
string to terminate amicably all contro-
versy as TO the effect of existing treaties in
certain matters of judicial procedure,
and for reasons set forth, and represents
tions exchanged in various notes and pre-
vious conferences, proceeded to make a
declaration on both sides IS 70 the under
standing of the two governments in the
premises, and respecting the true applica-
ton of said treaties. Senor Calderon y
Collantes declared as follows:
FIrst-No citizen of the United States
residing in Spain, her adjacent islands or
her uItTamarine possessions, charged with
acts of sedition, treason, or conspiracy
against-the institutions, the public secu-
rity, integrity or territory, or against the
supreme government, or any other crime
whatsoever, shall be subject to trial by
any exceptional tribunal, but exclusively
by ordinary jurisdiction, except in case of
being captured with arms in hand.
Second-Those who, not coming within
this last case, may be arrested or impris-
oned, shall be deemedto have been so ar
rested or imprisoned by order OF the civil
authority or by authority of the law OF
April IL, 1921, even though the arrest or
Imprisonment shall have been effected by
armed force.
Third-Those who may be taken with
arms in hand, and who are therefore COM
pretended in the exception of the first
article, shall be tried by ordinary council
of war, in conformity with the second ar
ticle of the hereinbefore mentioned Law /;
but even in this case the accused persons
shall enjoy for their defense the guaran-
tees embodied in the aforesaid law of
April II, 1921.
Fourth-I consequence whereof, as we'll
in cases mentioned in the third paragraph
as in those of the second, the parties ac-
cused are allowed to name attorneys and
advocates, who shall have access to them
at suitable times. They shall be fur
nished in due season.with copy of the
accusation and list of the witnesses for
the prosecution, which latter shall be ex-
amined before the presumed criminal, his
attorney and advocate, in conformity
with the provisions of articles twenty to
thirty-one of said law. They shall have
the right to compel witnesses of whom
thev desire to avail themselves to appear
and give testimony, or to do it by means
dispositions. They shall present such evil
dence as they may judge proper, and they
shall be permitted to present and to make
their defense in public trial, orally or in
writing, by themselves or by means of
their counsel.
Fifth-The sentence pronounced shall
be referred to the Audiencis Of the judicial
district, or to the Captain-General, ac-
coroing as the trial may have taken place
before nn ordinary judge or before coun-
Gil of war, in conformity, also, with what
is prescribed in the above mentioned law.
Mr.. Cushing declared as follows:
First-The constitution of the United
States provides that the trial of all crimes,
except in cases of impeachment, shall be
by jury, and such trial shall be held in
the State where said crimes shall have
been committed, or when not committed
in any State, trial will proceed in such
place as Congress may direct. Cart. ill.,,
sec. 2) That no person shall he held to
answer for capital or otherwise infamous
crime unless on presentment OF grand
Jury, except in cases arising in the land
and naval forces or in the militia when in
actual service amendments to the consti-
tuition, art. v. and that in all criminal
prosecutions the accused shall enjoy the
right to speedy and public trial by an
impartial jury of the State and district
wherein the crime shall have been COM
mitted, and to be informed of the nature
and cause of the accusation, 10 be con-
fronted with the witnesses against him, to
have compulsory process for obtaining
witnesses in his favor, and to have counsel
for his defense. amendments to the con-
stitution, art. vi
Seoond-The act of Congress of April
80, 1890 (chapter nine, section twenty
nine) re-enacted in the Revised Statutes,
provides that every person accused of
treason shall have a copy of the indict-
ment and list of the jury and of the
witnesses to be produced at the trial de-
livered to him three days before the same,
and in all other capital cases two days be-
fore that takes place; that in all such
cases the accused shall be allowed to
make his full defense by counsel learned
| in law, who shall have access to him OF
| sll reasonable hours; that he shall be al
lowed in his defense to make any proof
which he can produce by lawful witnesses,
| and he shall have due power to compel
his witnesses to appear in court
Third-All these provisions of the con-
stitution and of the acts of Congress are
| Of constant and permanent force, except
on occasion Of temporary suspension Of
| the writ of habeas corpus.
Fourth-The provisions herein set forth
apply in terms to ell persons accused oi
the commission Of treason or other eapi'
tai crimes in the United States, and
therefore, az well by the letter of the Law
as in virture of existing treaties, said pro
visions extend to and comprehend al
Spsniards residing or being in the Unitet
States.
Senor Calderon y Collentes then de
clared as follows:
In view of the satisfactory adjustmen
of this question in q manner SO prope
for the preservation of friendly relationl
between the respective governments, anG
in order to afford to the government o
the United States the completest security
of the sincerity and good faith of hi
majesty's government in the premises
command will be given bg royal order 70
for the strict Observance Of the terms Q
the present protocol in all the dominion
Of Spain, and specifically IN the island 9
Cuba.
In testimony of which We have intel
changeably signed this protocol
CALEB GUSHING,
f.. CALDER0N Y O0LANTEe
-.zls.s--
His saInasr Jausss.
"This begins 70 remind ne Of trip I
Saratoga sighed one of the bootblaekl