The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-05-03
CILEB CJsHING's DIrLOMACY.
Securing Judicial Protection to American
Subjects In Cuba.


WASHINGTON. May 2.-Thc following Is the
protocol OF a conference held at Madrid on Jan
II. 1877. between the Hon Caleb Gushing. Min
lister pienipotcutary VI the United States. and
Srnor Don Fernando Calleron y Collantos
Minister OF State Of his Majesty the Hing Of
Spain:
The respective. parties. mutually desiring TO
terminate mleaNly all controversy as To ,he
effect of existing treaties IN certain mnttrrs IF
ana representa- .oi- 'ychang.d ia various notes
ana previous conirrrn ''- proceeded g. make a
declaration on 10th Sides aS to the unlrrslund-
INK oi the two Guv'rnmentS IN the rrem.s -
ana respecting the true application of snid
treaties. Senor CalicrJn CUllantes declared
First-Nl ciii7a n " the rnited States residing
~ spain, her ADJACENT islnn '~ or her ultrama-
! IA" posse ssion-. charged with acts Of scdtion.
treason. or cole p!rnty against the Institutions.
the public security integrity Of territory, or
against the supreme Government. or any other
crime whatsoever, shall Doe subject To trial hy
any exceptional tribunal but exclusively 10y or
binary inrl-.li 'tion, except in case Of being
CAPTURED with arms in hand.
Second Those who. not coming within this
laSi "Nse. r'ny he arr -te'i or Imprisoned. shall
onei hy order of the civil authority or ~ ii-
ihorty oi the law Of April II. 1871. even though
tAe nrr"-t or Imprisonment shall have been ei-
Third 'rhosa wha may be taken with arms in
hHnd, Ani who are th.ri iore comirehcnied In
IN. excrlti0n of the first article shall he tried
by orlinHfy council of war. in conformity with
tn second article of tho hrreinbei0re mon.
toned law: hut even I'm this cn-e the a. cused
persons -hall enJoy Tor their defence the guar.
Il is2i. ''9'''''' '''' "''' ''"'D -" - Ap''
Fouiih-In consequence whereof. ns well in
cases mentioned in the third paragraph as in
those Qf the second. the parties accused are
slAl have access to th.m NJ suitnhi. timr.
They shall he furnished in due season with a
eoey Of the a,esasation ,s and list Of The VII
tor shall be examined before tho Pc
sumcd criminal, his attorney and aavo-
oi articles 20 /, 81 ui Said law Iney sh1ii h9"s
the right t1 O.. n.el wfn-s-e- q whom thay To-
sire To- avail themselves TO app'ar and give tss-
timony. or t. Do II Ny means of lepnsltion~
They shall present such evidence ~ they may
judge proper. ana they shall 10. permitted tp be-
trial, orally or In writing, by themselves or by
mrens %! their counsel
ferrei - the Aull'nria Of the Judicial District
or t. tle Captain General. according H. .hr
Judg" Qr before "a council uf war, in conformity
also with what is prescribed IL the above men
Sir. Gushing declared a- follows:
Flrst-Ihe Constitution q the United States
provides that tLe trial of all crimes. except IN
cas - oi inp,A hment. shall lee hy jury. and
such trial shall be held in the State wh,re
sal 4 crimes shall have been committed or when
not 'gnlniii~d IN any state, trial VIII proceed
IN such place as Congress may direct. lArire
III. section 4) That 10 person shall be held
t. answer for a capital or otherwise Infamous
except M cases arising In tLo land AMI naval
forces or ia the militia when in actual service
(amondm.uts to tho Constitution. article VI.
amt that in All criminal prosecutions the nc'
cu-od shall ENJOY the KIT % a speedy and pub
district wherein IN. crime Shall hnN. been ,'fn
mlttel aud to be- informed OF tn, nafilr,. and
cau-e Of tho accusation. e. be confronted with
tie witnesses against Linn. t. have rnint,ul.nrv
ur,,d,.sr i,r oitainin. witn.ss.,s in III fnyn2
ana t. ln,- counsel i1r Ms l..f.ur,, Anrr
.lu,.rf- t,,th.. .Ciu.f.tuii0n art II. ii W
Saa0ud-Inr an a.! Congress III Arri "a
I-uu. l.I,...r "a %. yl -