The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-12
Who EIuded the Vigilance of Span
ish Officers and Brought Her to
the United States.
NEITHER CAN BE EXTRADITED
OUR TREATY WITH SPAIN DOES NOT
PROVIDE FOR SUCH CASES.
Consul General Lee and Ex-Minister
Taylor Mt the State Department
Views of Officials.


( WASHINGTON, Oct. n.-Washington is
nightly stirred up over the liberation of
Miss Cisneros, the Cuban prisoner, who was
rescued from her fortress dungeon by an
American newspaper correspondent, and
there is no denying the fact. 1t is, never
theless, the opinion the State Depart
ment that neither the girl nor her rescuer
can be eXtradited. During the last days
of the Cleveland administration a treaty
covering the points involved in the case was
sent to the Senate and turned down. If
the girl were a prisoner of war she might
be demanded and the government be obliged
to give her up, but Spain has denied
that state Of war exists in Cuba de-
mand for her on that grounds would be
tantamount to a recognition of the belliger-
.ency of the insurgent government.
The notoriety which will attach to the
heroine and the incident will be more or
less annoying to the Spanish government, 4
but it is hardly probable that the Madrid
officials will be betrayed thereby into MAX
ing demands, which would infIame the
popular mind and which can under no cir
cumstances result in the return of the
young girl. There is a sentimental side to
the case which would prevent any such con-
cusion to the affair. She is on American
return in safety to her island home.
Likewise the American correspondent who
planned and carried out the rescue is in
about much real danger of being handed
over to the tender mercy of the Spaniards
as he would be of being surrendered to a
band of Apaches for torture. Formal diplo-
matte correspondence may grow out of the
incident, but that is as far as the matter
will be pressed so far as can now be judged.
Karl Duval Decker, the correspondent
who rescued the maiden, is a well-known
and locally very popular newspaper man.
He is fearless fellow and ready for any
adventure regardless of risk. He inter-
viewed Gomez last spring and remained
with the insurgents several months, mar
rowly escaping death and capture dozen
times. 1t is said that Mr.. Hearst has de-
cided to send him on a polar expedition, be-
lieving that a man with his nerve can find
the north pole, bring it back and set it up
on Park Row.
An Associated Press dispatch says: State
Department officials make light of the pros
pect of any international trouble following
the escape of Miss Cisneros. They say, pre-
Stunning that the girl and her rescuers have
reached the United States, they cannot be
surrendered even If claimed by the Spanish
authorities. The case is covered by two
principles of law that are never deviated
from, according to the State Department
people. AS far as concerns Miss Cisneros,
she being a political refugee, cannot, under
our organic law, be surrendered, and there
is no clause in the Spanish extradition treaty
that would serve as a basis for a claim for
her surrender. The circumstances under
which she may have reached the United
States cannot affect the force of this doc
trine. AS for the Journal agent who secured
the escape of the girl, his case is expressly
covered in the following article of the ex-
tradition treaty between Spain and the
Unite States, concluded in 1877:
Article VIII-Neither of the contracting
parties shall be bound to deliver up its own
citizens or subjects under the stipulations
of this convention.
This treaty was amended in 1882, but this
particular article was not touched and re-
mains in full force. Moreover, it has been
the general policy of the United States to
refuse to deliver up its own citizens to a for
eign state, even when they were accused of
crime in such state. At the last session
of Congress President Cleveland sent to the
Senate the draft of two treaties he had ne
gotiated and submitted for it's approval
These were the eXtradition treaties with Ar
gentine confederation and with the Orange
Free State. In each case an article was in
serted permitting the surrender of the cit-
zen of state to another state on charging
of a crime. These articles We're inserted by
express direction of the President. When
the treaties were taken up in the Senate the
new form was discovered and the Senate
very promptly cut out the two articles, the
debates very strongly asserting the decision
of the legislature to countenance no such
principle. President Cleveland was so firmly
convinced of the value of the articles and
so determined in his opinion that this coun-
try could no longer be permitted to shield
criminals, even though they We're Ameri-
cans, that he refused TO complete the ne
gotiations, although neither of the other con-
tracing parties cared particularly for the
retention of the articles.
General Lee arrived here last night and
was at the State Department early this
morning in conference with Assistant Sec
retary Day, leaving later for Warrenton
Va to attend the funeral of a friend He
will return tonight to advise further with
officials here as 70 the Cuban situation. 1t
is understood that the State Department is
going over with General Lee and Mr.. Han
mis- Taylor, eX-mnister to Spain, the effect
of the recent Cabinet changes the result
cession by General Blanco, and other new
phases developed by the accession of .Sa-
gasta.
The escape of Miss Cisneros was also
discussed. Consul General Lee said to-
day that he did not think any serious ques-
ton would rise over the incident Ex-Minis-
ter Taylor when asked if international COM
plicatons were likely to arise answered. II
think not, and the probable result will be
that Sagasta will give a royal decoration to
those who have been good enough to rid
Spain of this troublesome subject" Mr..
Taylor will not discuss the present situation
at Madrid. He is engaged, however in writ
ing review of the political, economic and
diplomatic phases of the Cuban problem,
with his own views drawn from experience
at Madrid, and refuses to make any COM
ment in advance of his carefully prepared
review of the case.
There is good reason to believe that the
views communicated to the State Depart
ment by Mr.. Taylor and General Lee are
that the accession of Sagasta means a Fa-
bian policy of delay. not only for the pres
ent but for many weeks to come, and that
no definite policy for Cuba will be announced
for some time. AS evidence of this ii is
pointed out that General Blanco, the new
captain general Of Cuba, will not leave for
his post before the 18th inst Officials be-
lieve his departure is more likely to be de-
ferrod until the 10th. The trip from BARGE
Iona to Havana will take about eleven days.
so that the new captain general will not
reach Havana before the early part of next
month. This, it is said. will permit all pend
ing Cuban questions to be held In suspense
at least until the new official reaches his
post. After that it is anticipated the Span
ish Cabinet will desire that General Blanco
be given time 10 familiarze himself with the
situation and his duties and to mature the
policy he is TO apply TO the island The
execution of that policy, an allowance OF
time for it's fair trial, etc. according to
those in a position to accurately Judge the
situation, will lead to protracted delays on