The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-14
THE COMPETITOR CASE.

The Competitor incident has come
nearer bringing about rupture of
friendly relations with Spain than any
thing that has occurred during the
present rebellion in Cuba. The men
taken on board that vessel were tried
by court-martial and condemned to
death. On orders from Madrid eXecu-
ton Of the sentence was suspended.
The order was made out of Difference
to Secretary Olney's note and that this
government might have time to con-
slider what effect the treaty of 1895
with Spain and the protocol of 1877 had
upon the cases
In the treaty of 1895 the article bear
ing upon such cases as this of the
Competitor is No. :. 1t reads as fol-
lows:
And it is agreed that the subjects
or citizens of each of the contracting
parties their vessels or effects, shall
not be liable to any embargo or deten-
ton on the part of the other, for any
military expedition or other public or
private purpose whatever: And in all
for debts contracted, or offences COM
mitted by any citizen or subject 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, notaries,
agents and factors, as they may judge
proper, in all their affairs. and in all
their trials at law, in which they may
be concerned, before the tribunals of
the other party; and such agents shall
have free access TO be present at the
proceedings in such causes, and at the
taking OF all examinations and evil
dence which may be exhibited in the
said trials.
That was the only provision bearing
on the subject in the treaty of San
Lorenzo ell Real
The protocol of conference and decla-
rations by the United States minister
to Spin. Caleb Gushing, and the Span
ish minister of state, Ferendo Calder
on y Collantes, concerning judicial pro-
cedure, was signed January II, 1877.
The purpose of this was to terminate
amicably all controversy as TO the eff
feet of existing treaties in certain mat
tiers of judicial procedure, and to make
a declaration on both sides as to the
understanding of the two governments
respecting the true application of said
treaties.
Senior Calderon Y Collantes declared,
in part, as follows:
l. No citizen of the United States re-
siding in Spain, her adjacent islands,
or her ultramarine possessions, charged
with acts of sedition, treason or con-
spiracy against the institutions, the
public security, the integrity of the ter
ritory or against the supreme govern
ment, or any other crime whatsoever,
shall be subject 10 trial by any excep-
tional tribunal, but exclusively by the
ordinary jurisdiction, except in the case
of being captured with arms in hand.
?. Those who, not coming within this
last case, may be arrested or impris-
oned, shall be deemed to have been so
arrested or imprisoned by order of the
civil authority for the effects OF the
law of April H. 1921, even though the
arrest or Imprisonment shall have
been effected by armed force.
3. Those who may be taken with
arms in hand, and who are therefore
comprehended in the exception of the
first article, shall be tried by ordinary
council of war, in conformity with the
second article of the acknowledgements
toned law: but even in this case the
accused shall enjoy for their defense
the guarantees embodied in the afore-
said law Of April H. 1921.
4. In consequence whereof, as well
as in the cases mentioned in the third
para graph as in those of the second.
the parties accused are allowed to
name attorneys and advocates, who
suitable times; they shall be
furnished in due season with
a copy Of the accusation and a
list Of witnesses for the prosecution,
which latter shall be examined before
the presumed criminal his attorney
and advocate, in conformity with the
provisions of articles twenty to thirty
one of the said law; they shall have
right to compel the witnesses of whom
they desire to avail themselves to ap-
pear and give testimony or to do it
by means of dispositions; they shall
present such evidence as they may
judge proper; and they shall be per-
mitted to be present and to make their
defense, in public trial. orally or in
writing. by themselves or by means of
their counsel.
On his part Minister Cushing declar-
ed that the constitution of the United
States provides for the trial of all
crimes, except in cases of impeach-
ment, by jury and cites, the acts of con-
gress passed in conformity Herewith,
and that they. are. of constant and para
mount force, except on occasion of the