The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-11

IL II prove that an American citizen has
been wrongfully executed this government
Later on. after having learned the de-
tails Of the .Virginius butchery,. Secretary
Fish telegraphed to Minister sickles:
In case of refusal of satisfactory repara-
ton within twelve days from this date you
will at the expiration of that time close
your legation and will, together with your
secretary, leave Madrid, bringing with you
the archives Of the legation"
AS the matter turned out II was shown
that the virglnius had been illegally regis
tered in New York Sept. IS. 1870, her owners
being Cuban revolutionists, and therefore
not entitled to American registry, and for
this reason Spain in setting up the case
not required 10 salute the flag as was orig
inally agreed on.
Under the position previously taken by
this government the mere seizure OF an
American ship is a matter for the most care
flu investigation, and Spain viii be required
to prove Beyond the possibility OF doubt
that the schooner was engaged in an unlaw-
full trade before the vessel can even be con-
fscated, to say nothing of taking the lives or
the sailors or passengers. and Secretary
Olney Is simply following out the customs OF
the department in warning Spain that II can
shoot the men only at its peril, and that IN
any event undue haste in view OF the pro.
test will be taken an unfrendly act
against the United States.
The twenty-seventh annual list or the
been published ocally only recenty it be.
ing document No. % Of the first session or
the Fifty-fourth Congress.
This classes the schooner Competitor as
an American-built ship with official number
800. The boat is a little affair. less tnan
fifty tons gross. and only p feet long and Y
at Bellport, n. Y. and its home port, where
put down as Key West. Fla, This little ship.
and as such presumably was flying the
American flag when seized by the Spanish
gunboat.
Thara 10 M o,,;aacoo x,ok ~ 6Ia ~ tba
State Department to where the Competi-
tor was seized, and II remains with the
Spanish authorities to prove that they did
boat on the high seas. There Is suspicion
that such was the case, for IL the Spanish
gunboat Mensajera were within the three
mile limit when the capture was made 1t
seems hard to understand why the Com
petitor should have left the shore at all.
made on the high seas, and there is a sus-
picion rapidly gaining ground that the same
thing was true in the case of the Competitor.
Had President Cleveland recognized the
Cuban insurgents as beligerents this would.
under the treaty, have given the Spaniards
the right to stop and search on the high
if found carrying contraband of war. AS
no state Of war exists, officially, the Span
iards at present have no such right. On
the other hand, If the Competitor were with
in the shore limit its sailors were clearly
covered by the provisions Of what Is known
as the Gushing protocol This was a state
| Of our treaty with Spain, made in 1877 by
| Caleb Cushing. then minister to Spain, and
Senior Don Fernando Calderon Collantes,
| Minister Of State of the King Of Spain.
| Under the terms of this protocol Spain
| agreed with the utmost precision that citi-
zens OF the United States charged with acts
| OF Sedition, treason, or conspiracy, when
| taken with arms in hand, shall be tried only
| by ordinary council of war.
The persons accused are to be allowed to
name attorneys and advocates, who shall
have access to them at suitable times. They
| are to be furnished in due season with q
| copy of the accusations and list of wit
nesses for the prosecution. which latter shall
| be examined before the presumed criminal
and his attorney. They are to have the right
| also to compel witnesses to appear and give
| testimony for them, and they are to be
permitted to be present and make their de-
| Tense In writing by themselves or by coun-
| sci. 1t was provided specifically in this
! Gushing protocol that in the case Of trial by
| council Of war the sentence pronounced
| should be referred TO the Captain General.
| President Cleveland was getting tired of
| this constant evasion OF authority and re-
| fusals to grant information as to the treat
| ment Of American citizens in Cuba.