Evening journal., 1897-04-15
NOTICE GIVEN TO SPAIN
The Cuban Policy of President
Mckinley Is Defined.
ANNOUNCED IN FIRM LANGUAGE.

of Americans to BE Protected The Case
of General Rivera. 4
New York. April 15.-The Tribunes
Washington correspondent says:
The policy OF the administration in
reference TO Cuba is not likely to be
criticised on the score of vacillatiou or
Indifference to the rights of American
citizens Secretary Sherman will see
TO II that imprisonment of suspects en-
titled to the protection of the Uni ed
States for an indefinite period of tn ne
is no longer indulged in by Spanish E
ficials in Cuba. He will even go furthi-
er and make it plain to the Spanish au->
thorities that they cannot in the closing
decade of the nineteenth century be
permitted to carry on war upon princi-
q pies utterly at variance with modern
civilization. In short, notice has been
served on the Spanish government-in-
formally, as yet, but still in unmis-
taxable terms-that this government
recognizes a state of civil war on the
island Of Cuba. which demands treat
ment OF prisoners taken in action by
either side somewhat different from
that which seems to have been accorded
to them thus far.
A Protest In Rivera Case.
The immediate cause of this notice
being served on the Spanish govern
ment was. Of course. the capture of the
Cuban General Rivera and the report
that he would be forthwith tried by
drumhead court martial and shot. The
president. Immediately after the news
of the fate In store for the prisoner was
received, directed Secretary Sherman to
draw up a protest against the contem-
plated action of Captain General Wey-
Ter. Upon second consideration, how
ever. the protest took a less formal
shape. Instead of being delivered To
the Spanish minister in writing Senior
de LONE was sent for by the secretary Of
state and informed as to the views Of
the government in the matter. This
verbal protest II Is safe 10 assume. was
no less explicit than that which Secre-
tary Sherman had previously drafted.
At any rate. Il had it's effect for Gen
eral Rivera is still living.
Those who have seen the draft Of the
note II was first intended 70 send to the
Spanish minister speak of it as being
Arm and dignified in tone, yet showing
at the same time that spirit of fairness
and friendliness which IL behoOves this
government to assume in its attitude
toward the government of a nation
with which it is at peace. At the very
outset the secretary Of state makes it
plain to the government of Spain and
it's representative i'm Washington that
IL Is the earnest desire of the president
10 cultivate If possible. the most friend
ly relations with that country and TO
prevent. so far as possible. any inter-
ference by persons not citizens Of the
United States who temporarily live in
this country with the unhappy condi-
tions prevailing in Cuba.
Existence OF War Recognized.
The existence Of a state Of civil war
is referred TO as a fact apparent to all
the world, injurious alike to the United
States and 70 Spain. A desire is eX-
pressed fer a speedy termination Of the
struggle on terms which will secure 70
the people of Cuba local autonomy, yet
he honorable TO Spain and it's claim of
authority over its island dependency.
After all this has been said, however,
the document states in unmistakahle
language that American citizens who
are pursuing lawful occupations in a
lawful way win be held TO be entitled
to the protection of the law, and IN
their behalf no efforts will be spared BY
this administration should they be ar
rested on suspicion.
On the subject of the actual condi-
ton OF the COutncu ltliAlllCd
Language, the note is said to be equally
clear 1t defines the attitude of thC
administration with regard to the Gu
ban patriots. The administration dis
sents from the notion that the Cuban'
now in arms should be technically con
sidered traitors" Nor will the admin
istration admit that they should b.
classed as ''murderers" or 'incendia
ries." They are soldiers Of an army
and state of civil war" exists. Hence
it is argued. the killing of soldiers o
prisoners after battle is inadmissible.
It outrages all feelings of humanit!
and Is in direct conflict with the prac
tise and tendency of civilized nation
ana civilized warfare. 1t would be mur
ler pure and simple.
Spain Must lie DIercifuI.
The note closes with a reference
he case Of General Rivera and ex
presses, Il is said. the hope that as
prisoner merciful treatment will be &C
orded to him. A parallel also Is draw
between the threatened action of tn
spanish authorities toward their dis
inguished prisoner the universal feel
ne Of horror which it's realizatio
you'd arouse in the civilized world an
he possible capture in our own civ
'ar Of Lee. Beauregard and Johnston
such capture had been accompanie
y the proposition to execute them fc
reason.
There are no grounds for the belle
may be said again. that the verbs
rotest Of Secretary Sherman. made I
upuy de Lone was less earnest q
IS designed to impress the represents
YES OF the Spanish government wit
Ne fixed determination Of the admin
tration to protect in Cuba the proper
and lives of American citizen
neither native or naturalized and {
o that a stop Is put 10 a barbarou
arfare. involving murder OF noncon
ltants and the slaughter OF prisoner
an the draft Of this more formal prC
ST.
Spanish Defeat In Santa Clara.
Havana via Key West. April 15.-
2 battle has been fought at Nal f