The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1896-05-14
FILLIBUSTERS SAFE.
SPAIN HAS AGREED TO CoNsID-
Err OUR DEMAND.
A Clause in the Treaty of 1905 and
the Cushing Protocol of 1877 APP
ply to the Ceses-A Strong Fight
Is Going to be Made.

WAsHINGToN, May I2--1n the Com
petitor case it can be authoritatively
stated that at the request Of the United
States the Spanish government will
postpone execution Of the death SEN
tences upon American citizens until
the views of the United States respect.
ing the application TO their cases of tho
treaty of 1895 and the protocol of 1877
can be presented and considered.
The announcement of tho postpone
ment of the execution means delay Of
some weeks at least, and that The mat.
ter will be taken up by the diplomatic
representatives of the United States of
Spain, and be made the subject of the
exchange of correspondence on the in
terpretation to be given the treaty pro.
visions between the two nations. Mean.
while the effect win be to allay popular
excitement both here and in Spain.
The action of the state department. in
insisting upon a retrial at least Of tho
American prisoners is evidently in an.
swer to the contention of the court.
martial that the Gushing protocol Of
1877 did not apply to the present case
The court held that 1t applied only to
American citizens resident in Spain or
Ulb DIhIlSu 'lOllllIllOllO, uilNlt IN wv zap
tives from the Competitor were not in
any sense residents of Cuba, decided
that they could not claim any of the
privileges accorded by the protocol.
In the opinion of the state depart.
ment this was an extremely narrow
and illiberal construction to place upon
the protocol, but while not accepting
| this construction the department
guarded against an adverse decision on
| the protocol by recurring to the the an
cient treaty of 1895, on the ground that
| If the prisoners case was not covered
by the protocal they certainly Could in
woke the measure Of protection afforded
by the earlier treaty. While this treaty is
not is by any means generous in the mat
ter Of privileges held out to American
prisoners, it Still contains some guaran-
tees of great value to them in just such
cases as that which has now arissn.
The section of the treaty applying to
the case. in the Judgment of the state
department, is article VII, which reads
as follows:
And II is agreed that the subjects and
| citizens of each of tho contracting parties,
| their vessels or effects, shall not be liable
to any embargo or detention on tho part
of the other for any military expedition
or public or private purpose whatever, and
in all cases Of seizure, detention or arrest
for debts contracted, or offences commit
ted by any citizen of the one party within
| the Jurisdiction of the other, the same
shall be made and prosecuted by order and
authority of law only, and according to
the regular course of proceedings usual in
such cases. The citizens and subjects Of
| both parties shall be allowed to employ
| such advocates, solicitors and nOtarieS,
agents aud factors, rs they may judge
proper in all their affairs and in all their
trials at law, in which they may be con.
cerned before the tribunals of the other
party, and such agents shall have free ac-
cess to 10 present at the proceedings in
such causes and at the taking of all tho
examinations Of evidence which may bo
exhibited in the said trials.
The contention of tho state depart.
ment is, that irrespective of the Cush-
ing protocol of 1877. this treaty gives
the American prisoners certain priv.
leges that were withheld from them by
the Spanish COurtmartial. Notably,
they were obliged to rest their defense
in the hands Of Spanish officer dc,
tailed for the purpose, and one in al
probability not particularly anxious &c
clear his clients, and were prevented
from selecting their own counsel as
guaranteed by the treaty. Also. it is
said that the prisoners were not accord
ed an opportunity to procure testimony
in their own behalf This is one of tho
privileges inseparablo from Lawful
and regular conduct of the prosecution.
Altogether the indications are that
the state department is preparing tC
make strong legal defense against
the execution of the death penalty IL
the case of the American prisoners