Mr. Williams to Mr.
Adee.
United
States Consulate-General,
Habana, September 6,
1895.
No. 2585.]Sir: I have the honor to acknowledge the
receipt of your telegraphic instruction of the 3d instant.
Apprehending from those words of this telegram saying “of disregard of
petition proffered by him on suggestion of authorities that it would
secure his release” that a misrepresentation had been made to the
Department, I telegraphed you on the following morning as follows:
Sanguily suggested and with the knowledge and consent of his
advocate addressed a letter to this office soliciting its
informal intervention for his release and embarkation, but I
know of no petition proffered by him on suggestion of the
authorities that it would secure his release. Will send copies
of correspondence.
I now inclose a copy and translation of the communication which, in
accordance with your said telegram, I addressed yesterday to his
excellency the Governor-General asking for the speedy trial or the
immediate release of Sanguily.
In this connection I also copy herewith my telegram of this date
announcing the release of Aguirre and the early trial of Sanguily:
Aguirre just released and Sanguily’s case will be tried soon.
I am, etc.,
Ramon O. Williams,
Consul-General.
[Inclosure 1 in No.
2585.]
Mr. Williams to
the Governor-General of
Cuba.
United States Consulate-General,
Habana, September 5, 1895.
Excellency: In compliance with a special
instruction received from my Government, I have to complain to your
excellency against the unusual delay that is being observed by the
court of the Cerro district of this capital in preparing the
proceedings for submission to the higher or trial court in the case
of Mr. Julio Sanguily, an American citizen, arrested and imprisoned
at the Fortress Cabana since the 24th of February last. And in
further support of this complaint I have to inform your excellency
that I now learn with surprise that the court, after having had the
examination of the charges and formation of indictment against
Sanguily under its exclusive direction for the last six months, has
just issued letters rogatory for the taking of evidence in Spain,
which proceeding must necessarily prolong the delay already incurred
an indefinite time, contrary to the meaning of the agreement of the
12th of January, 1877, between the United States and Spain, with the
subjection of this
[Page 777]
American citizen in the meantime to all the hitter sufferings
inseparable from imprisonment and loss of personal freedom; this
being the more remarkable since Mr. Gerardo Portela, a Spanish
subject, who was jointly accused with Mr. Sanguily of kidnapping,
has been tried and acquitted, because of his innocence, by a
competent court of the country.
Therefore, it being the opinion of the Government of the United
States that the delay in bringing this American citizen to trial is
unjustifiable, it has ordered me to bring this complaint to the
immediate attention of your excellency, as the superior
representative of the Government of Spain in this island, and to ask
your excellency, as such representative, to please exercise your
executive authority for the speedy-trial or for the immediate
release of Mr. Julio Sanguily, permitting myself to remind your
excellency, in favor of this petition, of the declaration made on
the part of Spain in the said agreement, which says:
“In view of the satisfactory adjustment of this question in a manner
so proper for the preservation of the friendly relations between the
respective Governments, and in order to afford to the Government of
the United States the completest security and good faith of His
Majesty’s Government in the premises, command will be given by royal
order for the strict observance of the protocol in all the dominions
of Spain, and specifically in the Island of Cuba.”
In conformity with these and the other provisions of the said
agreement, and confiding in the good disposition always shown by
your excellency in the fulfillment of the treaty obligations on the
part of Spain toward the United States, I can not but trust that
your excellency will, in the exercise of your executive functions,
order either the speedy trial or the immediate release of the said
American citizen, Mr. Julio Sanguily.
I avail myself, etc.,
Ramon O. Williams,
Consul-General.
