Mr. Williams to Mr. Adee.
Habana, September 11, 1895.
Sir: With reference to my dispatch No. 2585, of the 6th instant, inclosing a copy and translation of the communication that, in accordance with your telegraphic instruction of the 3d instant I addressed the Governor-General, asking for the speedy trial or release of Mr. Julio Sanguily, I now have the honor to transmit a copy and translation of the answer of his excellency thereto, dated the 6th instant.
[Page 778]You will please notice that he says in this answer that consuls are not invested with diplomatic functions, and therefore they can not rightfully present official remonstrances in affairs of government; and can only address themselves confidentially to the authorities for the purposes of inquiry and for reporting to their Governments. Also that he makes the present explanations in the interest of harmony and good relationship, and can not repeat them should the Government of the United States not become convinced of their correctness; because not being invested himself with authority to treat upon such questions as the one at issue, this attribute residing solely in his Government, all remonstrances of this nature should, therefore, be addressed solely to it.
As related to this matter, and as showing the measure of the rights of this consulate general to apply to the governmental authorities of the island, under article 19 of the treaty of the 27th of October, 1795, between the United States and Spain, I copy herein, translated, articles 9 and 19 of the consular treaty of the 22d of February, 1870, between Spain and Germany, which say:
Article 9. Consuls-general, consuls, vice-consuls, or consular agents shall have the right to address the authorities of their district in remonstrance against every infraction of the treaties or conventions existing between the two countries, and against whatever abuse complained of by their countrymen.
If their remonstrances should not be attended to by the authorities of the district, or if the decisions of the latter should not appear to them satisfactory, they may apply, in the absence of the diplomatic agent of their country, to the Government of the country where they reside.
And,
Article 19. All the provisions of the present convention will be applicable and have effect in all the territory of Spain, and also in all the territory of North Germany, with inclusion of the colonial possessions of Spain, subject to the reservations contained in the special régime of said possessions.
It is inferable from the explanations of the Governor-General that he may consider that, so long as our minister to Spain is present at Madrid, our diplomatic agent, as expressed above, is not absent from the country, this island being a part of the territory of Spain; and, therefore, this question and similar ones should, in his opinion, be presented by our Government to that of Spain through our legation at Madrid and not through this consulate-general, because of thereby recognizing in the latter a quasi diplomatic character. This view on the part of the authorities here has been already expressed to me before on occasions when I have had to converse with them on the subject of fines imposed by the custom-houses on our shipping for clerical errors in vessels’ manifests. And in this connection I beg to refer to my dispatches Nos. 1075, 1080, 1085, dated, respectively, the 25th of January, the 4th and 5th of February, 1890; as also to my No. 1857, of the 11th of April, 1893, and to the Department’s instruction No. 71 to our minister at Madrid, Mr. Palmer, of the 12th of March, 1890, and its No. 516, of the 19th of March, 1890, to this office.
In justice to Gen. Martinez de Campos, the present Governor-General, I can not but recognize in him a most friendly disposition and promptness in listening to all matters presented personally to his attention by this office, as will be seen from the copy accompanying of his unofficial note to me, dated also the 6th instant, in relation to the trial of Aguirre and Sanguily.
I am, etc.,
Consul-General.