The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-05-20
A Practical UItimalum.
Olney's Protest Against Court
Martial Proceedlgs.
New York VI o7ld.

New York World.
WASHINGTON. May 9-Secretary
Olncy had long conference with
| Presiden, Cleveland this morning re-
specting the Competitor prisoners in
Habana, after which the secretary
sent, through Minister Taylor at
Madrid, a strong protest to the Span
ish government against the court
martial proceedings. He took the
ground that it was III direct violation
of the treaty between the United
States and Spain, and it is under
stood that he intimated that this
country would not submit quietly to
the summary execution OF American
citizens at the order of a military
court and in the absence Of proper
lega! proceedings.
At the same time cablegram was
sent to Consul General Williams at
Habaua. requesting him to make the
strongest representations in behalf of
the United States government
against the execution of the sentence
aud to again urge upon Captain
General Weyler that the prisoners
were entitled ander treaty to civil
trial
The report that the men have been
condemned to death has aroused
storm of indignation in Washington,
and it is said that this feeling has
been reflected in the communications
sent to Spain through our represen-
tatives.
The very full report of the court
martial proceedings printed in The
World this morning shows that the
treaty was violated in another Sec
ton 1t is expressly stipulated that
citizens Of the United States on trial
for any crime whatsoever. with arms
in hand or otherwise, shall be furn-
ished in due season with copy of
the accusation, and that they shall l'e
allowed to select attorneys to defend
them In this case Spanish naval
officer was detailed by the court to
defend the men, and each one Of the
prisoners denies that he was informed
of the charges upon which he was
tried. None of them was furnished
with copy of the accusation.
The charges upon which the men
were convicted are piracy and rebel
lion No piratical offense, IN the
English definition Of the term. has
been committed by these men, &C.
cording to the best authorities Aere.
But even if the municipal piracy"
laws known to the Latin races,
which apply to any ofense commit
ted within the jurisdiction of their
naval laws, have been broken by
these men, the sentence uf death is
held to be beyond the requirements
Of justice and the dictates Of human
ity
The state department officials hold
that the only oAense charge able
against the prisoners is that Of Snug
Cling contraband articles of war into
Cuba The United States it is held,
could not permit Spain to impose a
sentence Of death for this offenSe.
Upon Spain's own declaration
there is no condition Of war existing
in Cuba Therefore any infraclion of
the laws of the island committed by
an American ship or its men could
be an infraction only of the laws
governing commerce. and All exces
sive punishment, such as death,
would be proper subject of protest
by the United States Even if {.
condition Of war did exist in Cuba
the men captured on the Competitor
would be entitled to consideration as
prisoners of war and be subject to
Imprisonment only
Under all these circumstances and
backed mp, as he is, by the provis
ions Of the Gushing treaty nf 1871,
Secretary O'ney has felt called upon
to send most vigorous protest to
to Spain against the action which
has been taken in his Case 1t is
learned from gentleman who ought
to know that the dispatch of Secre
,ary Olney to Minister Taylor IS
practically All ultinatum.
The proceedings of the court mar
tial will have to be sent TO Madrid for
approval of the sentences imposed.
Secretary Oluey is said 10 have
plainly informed the Spanish govern
ment that the sentiment of the Amer
lean people is strongly in favor OF
all intervention in Cuban affairs, and
that the only thing that stands be
tween the active expression of that