The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1896-05-15

MS PONcTHillcnl HIS 1dtl IL SHARP u
| sue with Spain this week over the con
viction of five men, one of whom and
per haps three were American citizens,
captured with the ilibusterina
schooner Competitor of the coast of
p inardel Ray, April q. II was clear
enough from papers found aboard that
the schooner contained men and amuni-
ton for the Cuban rebels, and in
deed. all were landed, except these
five, under the protecting fire of the
rebels ashore. The captured men
ella lined that they were not connected
with the expedition. but that the
sch ooner was forcibly taken possession
of by other passengers who got on at
Key West and the fact that they re-
manned on the ship while the others
la nded and made no resistance to cap
ture, supports their claim, though it
appears that one of them was a news.
paper correspondent for the Florida
Times Union, who was headed for the
insurgent ranks on his professional du
ty. However. they were summary
ried by Il moral court martial, ac-
cused of piracy" under the Latin law
as well as sedition, were not allowed to
engage counsel, the representations of
Consul General Williams in their be-
half ignored, and they were convicted
and sentenced to be hanged. Secretary
Olney entered a vigorous protest in
their behalf and demanded that the
exec utlon be stayed at least until full
investigation made and though Wey- |
Ter, according to the reports, threatened |
to resign,u unless he could proceed with |
the butchery, the Spanishsgovernment
has acceded TO Olnev's Tdemand, and
a new trial 20 be given y after
all the papers in thcscase are forward
ed to Madrid. /. Secretary ,Olney took
the ground that the trial by court
martial and in secret was violation
Of the treaty of 1895 and the proctoco
one oflS77whch provides that, No cit
zen of the UnitedlStates, residing:in
spain, her adjacent islands, orlherlul
ramarlne possessions, charged with
my crime, shall be-subject Ito trial
~ any exceptional tribunal but eX- ;
,lusi vely by the ordinary jurisdiction, {
kept in the case of being captured T,
With arms in hand. Spain claims 8
hat this applies only to citizens who c
re actually resident, not those on ship Y
oard, and besides claims-which is IA
uestion of fact--that the accused men
ad 'arms in hand. - The protocol |
lso provides that accused men shall
ave opportunity for good defense ."
nd shall be provided with counsel of .
heir own selection and there is no ="
ucstion but that this was denied in =
ne court martial proceeding. If the II
c ligerency of Cuba had.been recog- u u,
Zed, according to the resolution OF "
ongress. the summary sentence of.the :"
'sIcaptives would havelbeen IL
tterly precluded by the plainest tenets III
International law ;and evenlwithout
lis recognition the law standing of :;
le case against them appears to be Ell
)thing more than smuggling. Our fo
Jvernment has never been notified @
hcIally by Spain that condition of n,
ar exists in Cuba. The abstract st
ght of Americans to sell to Cubans IN
hatever they wish to buy exists. -
hat right carries with'.it the obliga- re-
On to deal through lawful channels, II
at is, the goods sold should enter by
una through its custom houses. The 70, 10
, mpetitor was engaged in unlawful fir,
ade, because it was avoiding regular ac
rts of entry. Smuggling is certainly su
Vt capital offense in these times. sa