Mr. Williams to Mr.
Uhl.
United
States Consulate-General,
Habana, February 6,
1896.
No. 2756.]Sir: In conformity with your instruction No.
1203, of the 7th of December last, directing me to obtain as soon as
practicable a certified copy of the record of the trial of the American
citizen Mr. Julio Sanguily, I now beg to inclose for the information of
the Department copies, with translations, of the correspondence had on
the subject.
Inclosure No. 1 is a copy of my communication dated the 20th of December
last, asking the president of the superior court of Habana to please
order that a copy of the said record be furnished me for forwarding to
the Department; and inclosure No. 2, of the same date, is the answer of
the president, informing me that he had referred my communication to the
third section of the hall for the trial of criminal cases; inclosure No.
3 is copy of my second communication, dated the 22d of the same month of
December, to the president, asking him to please inform the
aforementioned third section that the Government of the United States
desired the authenticated copy of the record for the purpose of
comparing and satisfying itself, in the exercise of its right as one of
the two contracting parties, if the proceedings have been in accordance
with article 7, of the treaty of the 27th of October, 1795, and the
protocol construing it of the 12th of January, 1877; and inclosure No. 4
is copy of the answer of the court, dated the 27th of the same month,
declining to furnish the desired copy of the record, on the ground of a
lack of jurisdiction on its part and because of the case having been
appealed to the supreme court at Madrid.
In view of this second refusal, I again addressed the president of the
superior court, as shown by inclosure 5, on the 13th ultimo, asking to
be informed of the facts with citation of the law upon which the judge
of the civil jurisdiction founded the order of indictment and
imprisonment of Mr. Sanguily, adding, if possible to obtain it, that the
Government of the United States would be pleased if he would order a
full and literal copy of the proceedings to be furnished it. This was
answered on the following day, the 14th, by the president informing me
that my note had been referred, like the others, to the same third
section for its
[Page 821]
action. And on
20th I received a reply saying that the aforesaid section had decided in
conformity with the opinion of the prosecuting attorney, and for the
same reasons expressed in its answer of the 27th of last December, that
the court lacks jurisdiction to decide upon the petition made in my note
of the 13th of January, by reason of it having submitted the appeal of
Mr. Sanguily, now pending, to the supreme court against its
decision.
Thereupon, not having been able to obtain from the superior court either
a copy of the record of the trial or a statement of the facts with
citation of the law upon which the judge of instruction of the Cerro
district of this city had founded his order of indictment and
imprisonment in the case, I then addressed, on the 24th of January, a
note to Mr. Miguel F. Viondi, the advocate of Mr. Sanguily, asking him
to please (1) inform me of the reasons upon which the order of
indictment and imprisonment of Mr. Sanguily is founded, and also (2) if
I could legally obtain an authenticated copy of the trial and of the
said order of the indictment and imprisonment.
The answer of Mr. Viondi, dated January 25, 1896, is herewith accompanied
as inclosure 9; and inclosure 10 is a translation of the order of
indictment to which Mr. Viondi refers in his answer, as it appeared in
La Discusion of the 1st of December last.
Again, on receiving your telegraphic instruction of the 25th ultimo,
directing me to apply for permission to examine and copy the record,
and, if granted, to have same copied for transmission to the Department,
I addressed another note in this sense, on the same date, to the
president of the superior court, a copy and translation of which is also
accompanied herewith as inclosure No. 11. This note was acknowledged on
the 27th ultimo, as per inclosure No. 12, and answered by his honor on
the 4th instant, reiterating the refusal on the grounds of the lack of
authority of the court in the matter, especially as Mr. Sanguily had
appealed to the supreme court of Spain at Madrid, and because, as
further affirmed, this consulate-general is neither a party to nor has
any intervention in the case.
In brief, this correspondence shows—
- First. That the superior court of Habana refuses, alleging the
lack of jurisdiction therefor, and because the case has been
appealed, to furnish a copy of the record in question for the
information of the Government of the United States, the other
party to the treaty of the 27th October, 1795, and of the
protocol of the 12th January, 1877; postulating further that
this consulate-general, from not being a party to the case, has
no right of intervention in it.
- Second. That the advocate for Mr. Sanguily, Mr. Viondi, is of
the opinion that the court is authorized to furnish a copy of
the record in this case in the same way as it is authorized,
alike with other courts to furnish copies and extracts of
proceedings needed as evidence in other cases; also that the
order of indictment and imprisonment issued by the civil judge
has been based upon the proceedings of the court-martial.
It appears therefore that the proceedings had by the superior court of
the said jurisdiction in the trial and condemnation of Sanguily are but
the continuation of the proceedings initiated against him by the
court-martial, against which this consulate general protested before the
Governor-General by order of the Department of State on the 25th of last
April, copy of which protest is annexed herewith as inclosure 14.
I am, etc.,
Ramon O. Williams,
Consul-General.
[Inclosure 1 in No
2756.—Translation.]
Mr. Williams to
Mr. Pulido.
United States Consulate-General,
Habana, December 20, 1896. (1895?)
Excellency: My Government being desirous of
obtaining an authenticated copy of the record of the trial of Mr.
Julio Sanguily, an American citizen, on the charge of rebellion,
instructs me to ask for it; therefore I beg your excellency to
please order that a copy be furnished me for the purpose
aforesaid.
I am, etc.,
Ramon O. Williams,
Consul-General.
[Inclosure 2 in No.
2756.—Translation.]
Mr. Pulido to
Mr. Williams.
Superior Court of Habana,
Office of the
Presidency,
Habana, December 20,
1895.
Sir: On acknowledging receipt of your
attentive official letter of this date, in which you are pleased to
ask for a certified copy of the proceedings in the trial of the
American citizen, Mr. Julio Sanguily, on the charge of rebellion,
for the purpose of giving an account of the same to the Government
of your nation, I have the honor to inform you that this presidency
has ordered its transfer to the third section of the hall for the
trial of criminal cases of this court having cognizance of the case
for the decision it may deem proper, signifying to you at the same
time that the proceedings in the case have not terminated, since the
appeal interposed by the accused to the supreme court for error of
procedure and infraction of the law has yet to be heard.
[Inclosure 3 in No.
2756.—Translation.]
Mr. Williams to
Mr. Pulido.
United States Consulate-General.
Habana, December 23, 1895.
Excellency: I have the honor to acknowledge
the receipt of your excellency’s communication of the 20th instant,
informing me that my solicitation had been referred for answer to
the third section of that worthy court. I have now to beg your
excellency to inform the section that my Government desires an
authenticated copy of the record of the trial of Sanguily for the
purpose of comparing and of satisfying itself, in the exercise of
its right as one of the two contracting parties, if the proceedings
have been in accordance with article 7 of the treaty of the 27th of
October, 1795, and the protocol of the 12th of January, 1877,
interpreting it.
I am, etc.,
Ramon O. Williams, Consul-General.
[Inclosure 4 in No.
2756.—Translation.]
Mr. Pulido to
Mr. Williams.
Habana, December 27,
1895.
Sir: Your attentive communications of the
20th and the 23d instants, soliciting a certified copy of the
proceedings in the trial of Mr. Julio Sanguily, having been referred
to the third section of the hall of criminal cases, the latter has
dictated the following decree:
“Habana, December 26, 1895.
“Whereas on the 2d instant sentence was declared in this cause
condemning Mr. Julio Sanguily y Garit to perpetual imprisonment with
chain and corresponding additional penalties and payment of costs as
principal (autor) in the crime of rebellion;
“Whereas that on notifying the sentence to the solicitor of the
prisoner he presented a writing interposing an appeal to the supreme
court, founded on error of
[Page 823]
procedure and on infraction of the law, and that the first of these
recourses was admitted, by the decree of the 16th instant, and the
announcement of the second was acknowledged;
“Whereas the military judge of instruction in the cause against D.
Jose Azcuy Miranda addressed a communication to the judge of the
court of the Cerro district asking for the fragments of the
appointment of colonel extended in favor of Azcuy now attached to
these proceedings;
“Whereas the consul-general of the United States has solicited of the
presidency of the court an authenticated copy of the cause,
manifesting that the object proposed by his Government is to examine
the proceedings thus far had by the court of instruction and by the
superior court;
“Whereas the prosecuting attorney has reported in the sense that the
hall lacks jurisdiction to decide upon the solicitation of the
consul and that the petition of the judge of instruction encharged
with the case against D. Jose Azcuy can not he acceded to for the
reason that the process is not yet terminated, and because of the
(expert) caligraphic examination of the document claimed is the
subject of an appeal for error of procedure before the supreme
court:
“Therefore, and regardless of the fact that this case is far from
terminated, being at present subject to appeal upon alleged error of
procedure, it is clear, the appeal having been admitted by this
court, that this hall lacks jurisdiction to pass on the solicitation
of the consul of the United States and that of the Captaincy-General
in the communications already mentioned. Therefore, in conformity
with the report of the prosecuting attorney, it is declared there is
no reason for the remission of the copy of the record solicited by
the consul of the United States, nor for the return of the document
solicited by the Captaincy-General, and with the insertion of this
decree it is ordered that the consul of the United States and the
Captaincy-General be answered accordingly. It was ordered and signed
by the judges of the hall, to which I certify.
“José Pulido.
“Francisco Pampillon.
“Francisco Noval y Marti.
“By order:
Manuel R.Hernandez.”
And I have the honor to transmit the above to you in reply to your
aforementioned communication.
[Inclosure 5 in No.
2756.—Translation.]
Mr. Williams to
Mr. Pulido.
United States Consulate-General,
Habana, January 13, 1896.
Excellency: By order and for the
information of my Government, I beg your excellency to please inform
me of the facts, with citation of the law, upon which the judge of
the civil jurisdiction has founded the indictment and imprisonment
of the American citizen Mr. Julio Sanguily; and, if possible, my
Government will be pleased if your excellency would order a full and
literal copy of the proceedings to be furnished for transmission to
it.
I am, etc.,
Ramon O. Williams,
Consul-General.
[Inclosure 6 in No.
2756.—Translation.]
Mr. Pulido to
Mr. Williams.
Superior Court of Habana,
Office of the
Presidency,
Habana, January 14,
1896.
Sir: I have the honor to acknowledge the
receipt of your attentive communication of the 13th instant, in
which you ask to be informed of the facts and of the law upon which
the indictment and commitment to prison of the American citizen, Mr.
Julio Sanguily y Garit, are founded, manifesting to you at the same
time that I have ordered a copy of your said communication to be
sent to the third section of the hall for the trial of criminal
cases of this superior court for its action in the matter.
[Page 824]
[Inclosure 7 in No.
2756.—Translation.]
Mr. Pampillon
to Mr. Williams.
Superior Court of Habana,
Habana, January 20,
1896.
Sir: Your communication of the 13th
instant, soliciting to know the facts and the law upon which the
indictment and order of imprisonment of Mr. Julio Sanguily y Garit
for rebellion are founded, having been referred to the third section
of the hall for the trial of criminal cases, the latter has decided,
in conformity with the prosecuting attorney and for the same reasons
expressed in the answer of the 27th of last month, that it lacks
jurisdiction to decide upon the petition you made in your said
communication—that is, because of it having admitted the right of
Mr. Julio Sanguily to appeal to the supreme court against the
sentence given in his case.
The above is hereby communicated for your information and other
effects.
I am, etc.,
[Inclosure 8 in No.
2756.—Translation.]
Mr. Williams to
Mr. Viondi.
United States Consulate-General,
Habana, January 24, 1896.
Dear Sir: As you are the advocate of Mr.
Julio Sanguily, please inform me the reasons upon which are founded
his indictment and imprisonment; and likewise, if I could, legally,
obtain a copy of the record of his trial, and of the order of the
judge for his indictment and imprisonment.
I am, etc.,
Ramon O. Williams,
Consul-General.
[Inclosure 9 in No.
2756.—Translation.]
Mr. Viondi to
Mr. Williams.
Habana, January 25,
1896.
Sir: In your letter of yesterday you are
pleased to ask me, as advocate that I am of Mr. Julio Sanguily, the
reasons upon which his imprisonment and trial are founded, and
besides if legally you could, as consul of the United States, obtain
copy of the record of his trial or of the order of his indictment
and imprisonment.
To your first question I reply as follows: The proceedings had by the
military jurisdiction having been remitted to the civil judge, in
accordance with the protocol, the latter without taking any action
appropriate to his jurisdiction dictated the order of indictment and
of imprisonment.
On founding the indictment, as result of the facts, he affirms that
the military jurisdiction has cognizance of the cause, and that it
has remitted copy of the proceedings in order that the ordinary or
civil courts take cognizance of the said crime so far as it relates
to American citizens.
In declaring the legal grounds of the indictment, the civil judge
declares that in the antecedents and other data that appear in the
proceedings remitted to him by the court-martial there appear
rational indications of criminality against Mr. Julio Sanguily as
responsible as principal (autor) of the crime of rebellion.
On this ground the civil judge founded his order for the indictment
of Sanguily. And in this same order he adds: “In view of the grounds
of his indictment, and in consideration of the penalty that the law
imposes on the crime in question, the provisional imprisonment of
Mr. Julio Sanguily is hereby ordered.”
From the above statement you will see that the order of indictment
and of imprisonment of Mr. Julio Sanguily is founded solely,
exclusively, on reasons that appear in the proceedings remitted to
the civil court by the court-martial; that is, on what is prohibited
by the protocol. In confirmation, I accompany a full copy of the
order of indictment.
To your second question, that is, if you can, as consul-general,
legally obtain copies of the record or of the order of indictment
and of imprisonment, I have to say that you can legally obtain it.
For although it is true that the defense of Sanguily has presented
an appeal, which has been accepted, to the supreme court at Madrid,
it is only against the sentence; but the record of the trial has
remained deposited in the superior court of Habana, and though the
latter has no authority to alter, modify, transfer, etc., the
proceedings had thus far in the case, still it has authority for the
issuance of copies of the full, or of parts, of the proceedings. A
certified copy of the
[Page 825]
record has been transmitted to the supreme court, as I have informed
you, but the original record remains in Habana. Therefore, if you,
in Habana, in representation of your nation, should solicit a copy
of it for your Government, in order that it may see if the protocol
has been faithfully observed, this could not in justice been refused
you; likewise, a copy of it should not be refused for the direct
inspection of your Government.
This is not a question of jurisdiction. It would be so were you to
propose some modification of the record. Then the court would tell
you, with reason on its part, that it has no jurisdiction, because
it would be a matter for the decision of the supreme court at
Madrid.
But to see what has been done by the superior court of the province
of Habana is in nowise opposed to its jurisdiction.
You ask for a copy of what already exists, and if the original from
which the copy is to be taken, to which your Government has the
right under the protocol, is in the archives of the superior court
of Habana, the latter ought to issue the copy solicited, because
solely it has jurisdiction in the case, and because it alone, and
not the supreme court at Madrid, has possession of the record. The
superior court of Habana is authorized not to permit any change or
modification tending to alter the sense of the record, but not to
prevent the seeing of what has been done by the same court or by the
judge of instruction. If you, with or without a copy, should solicit
anything which would change the face of the record, then the
superior court of Habana could tell you that it has no authority or
jurisdiction to grant your request, since its mission had
terminated. But with jurisdiction or without it the court can
legally order the issuance of a copy to you of the record as it now
exists, for this in nowise changes the proceedings as realized;
neither is there any law prohibiting the court to comply with such a
request, and the following example confirms it: Suppose that in a
suit carried on in a court of first instance, or in the superior
court itself, one of the parties in the suit should ask for a copy
of an original document in the case against Sanguily. The judge of
first instance would at once send a communication to the superior
court soliciting the copy, which with all certainty would be
furnished by the superior court, since such act in nowise changes
the state of the record, the only thing that is forbidden.
Therefore, if this is true, the same applies to the case about which
you consult me. For this copy does not change the record nor alter
the state of the cause, for you limit yourself to the ascertaining
and to the knowing, as representative of your nation, as contracting
party with Spain, by the treaty, of what has been done in the trial.
Were it not as I inform you, neither would you be allowed to see the
record of the trial of Sanguily. For the copy that you ask for only
signifies the wish of your Government to see the record, and not
being able to do this, practically, it demands a copy of it to
realize its just desire.
In fine, the issuance of copies of what has been done in a suit is
not opposed to the fact of appeal to the supreme court because the
copy given does not in any manner affect the state of the cause.
Therefore, I believe you can legally solicit a copy of the record or
of the indictment without the superior court of Habana having to
refuse it, because the point does in nowise lessen the jurisdiction
of the supreme court. There is no existing law prohibiting the
furnishing of such copies by the superior court. Your second
question is herewith answered.
I am, etc.,
[Inclosure 10 in No.
2756.—Translation.]
order of indictment.
Acknowledging the receipt of the proceedings sent by the senior judge
of this cause, and in view of the reasons stated in the opinion of
his honor the judge-advocate (auditor de guerra), on folio 55 and
over, the cognizance of the same is accepted in what refers to
American citizens; and to this effect let these proceedings be filed
in the corresponding book, with notification of the acceptance and
of the initiation of the cause to the hall for the trial of criminal
cases and to His Majesty’s prosecuting attorney.
Whereas, on the morning of the 24th of February last, by reason of
antecedents and of information furnished by the secret service, the
arrest was made on executive order of several individuals seriously
compromised in an intended separatist movement, and a party having,
on the morning of the same day, risen in open rebellion outside of
this province under the cry of independence, and of which cause the
military jurisdiction is taking cognizance, and has remitted the
certified copy of the proceedings for the cognizance of the ordinary
courts in the said crime in whatever therein relates to American
citizens:
Therefore, considering that these acts are invested with the
character of the crime of rebellion defined in article 237 of the
criminal code, and that from the antecedents
[Page 826]
and facts stated in the proceedings remitted
by the said military jurisdiction there appear rational indications
of criminality against Mr. Julio Sanguily y Garit and Mr. José Maria
Aguirre y Valdés as responsible of the said crime as principals
(autures)—
In view of articles 384 and 503 of the law of criminal procedure his
honor said he ought to order and did order the indictment of the
said Mr. Julio Sanguily y Garit and Mr. José Maria Aguirre y Valdés,
and that the accused be heard in all the successive steps of the
trial.
In accordance with the grounds of the indictment, and in
consideration of the penalty which the law imposes on the crime in
question, the provisional imprisonment is ordered with outside
intercourse of the said Mr. Julio Sanguily y Garit and Mr. José
Maria Aguirre y Valdés, informing them thereof, and issuing the
corresponding writs to the chiefs of the penal establishments where
they are; and if this order does not appear in the proceedings let
an attentive communication be addressed to the Captain-General
asking him to please issue the necessary instructions placing the
accused as prisoners at the disposal of this court and the results
of this examination, informing the accused of the right the law
grants them to ask for the reconsideration of this order within the
legal term, and for the appointment at once of advocates and
solicitors for their defense in this cause, of which timely account
must be given by the acting judge. Require the accused to give
security for 50,000 pesetas each, for the purpose of securing their
pecuniary responsibility against the amounts that in due season may
be decided against them, and in case of their failure to give
security their property must be attached therefor in legal form.
Bring to the proceedings the penal and carceral antecedents, and
this done, give account for the ordering of whatever may be required
hereto.
Ordered and signed by the judge of instruction of the Cerro district.
I attest.
- Eugene Luzzarreta.
- Antonio Alvarez
Insua.
[Inclosure 11 in No.
2756.—Translation.]
Mr. Williams to
Mr. Pulido.
United States Consulate-General,
Habana, January 25, 1896.
Excellency: Having communicated to my
Government the order of the third section of that worthy court in
regard to the copy of the trial of the American citizen Mr. Julio
Sanguily, I have received to-day a telegram from the Department of
State of the United States ordering me to ask permission of your
excellency to examine the cause and take a copy of it for its
information.
And in obedience to the order of my Government, I beg your excellency
to please order that I be allowed to examine said cause and take a
copy of it for the purpose indicated.
I am, etc.,
Ramon O. Williams,
Consul General.
[Inclosure 12 in No.
2756.—Translation.]
Mr. Pulido to
Mr. Williams.
Sir: On acknowledging receipt of your
attentive official letter of the 25th instant, in which you are
pleased to ask of this presidency to be authorized to examine and
take copy of the proceedings in the trial of the American citizen,
Mr. Julio Sanguily, as ordered in a telegram sent you by the
Department of State of the Government of your nation, I have the
honor to inform you that I have referred the same under this date to
the third section of the hall for the trial of criminal cases of
this superior court having cognizance of this case for the reply
that it may deem proper.
[Inclosure 13 in No.
2756.—Translation.]
Mr. Pulido to
Mr. Williams.
Sir: The first section of the hall for the
trial of criminal cases of this superior court informs this
presidency as follows:
“The first section of the hall for the trial of criminal causes, over
which I have the honor to preside, has agreed, in conformity with
the solicitation of the prosecuting attorney, that there is no
reason for the granting of permission to the consul-general of the
United States for the examination of the record in the trial of Mr.
Julio Sanguily for rebellion, and that the communication of your
honor, dated the
[Page 827]
27th
ultimo, he answered in this sense, with insertion of the opinion of
the prosecuting attorney, which reads as follows:
“To the Hall:
“The prosecuting attorney says that the consul of the United States
in a communication addressed to his honor the president of the court
under date of the 25th instant solicits from the hall, by order of
his Government, permission to personally examine the record of the
trial of Mr. Julio Sanguily y Garit for rebellion, and for the
taking of a copy of the same for transmission to his Government. In
reality this petition is identical to the one formulated by the same
consul on the 23d of December last, and upon which the opinion of
this office was given on the next day with the order of the 26th of
the same month, solely with the difference that the copy then asked
of the record was to be given by the court and now that its consent
is asked for the consulate to make the copy; and in the opinion of
the prosecuting attorney, as he then expressed, the hall lacks
authority to furnish the copy or to deliver a record of proceedings
to anyone not a party thereto or having intervention therein. At all
times it would be impossible to accede to such pretension, but now
the more so because of the jurisdiction of the court over the
proceedings having ceased by reason of the same having been appealed
to the supreme court, as also expressed in the aforesaid order of
the 26th of December last. For those reasons the prosecuting
attorney is of the opinion that the hall should dismiss the new
pretension formulated by the consul of the United States. The hall
will decide.
“Enjuto,
“Prosecuting Attorney.
“Habana, January 30, 1896.
“The above is herewith referred to your honor for the corresponding
effects.”
Therefore, I have the honor to transmit you the preceding in answer
to your attentive official note of the 25th of last month.
[Inclosure 14 in No.
2756.]
Mr. Williams to
the General in Charge.
United States Consulate-General,
Habana, April 25, 1895.
General: Notwithstanding the decree issued
on the 16th of March last by his excellency the Governor-General of
this island, inhibiting the military jurisdiction of the cognizance
of the case of the American citizen, Mr. Julio Sanguily, and
ordering its transfer to a court of the civil jurisdiction in strict
observance of the agreement of the 12th of January, 1877,
nevertheless, I am informed by his advocate that he has again been
subjected to a court-martial, by order of the military jurisdiction,
this time, on a charge alleged to be related to the kidnaping last
year of Mr. Fernandez de Castro; and in consequence this American
citizen has been again remanded into solitary confinement and
deprived of all intercourse with his counselor by order of the
court-martial.
This proceeding on the part of the military jurisdiction is not only
an infraction of the agreement, but it is likewise in contradiction
of the said decree of the 16th of March last of his excellency the
Governor-General of this island.
I have, therefore, and in compliance with the instructions of my
Government, to ask your excellency to have the goodness to order
that this second case against this American citizen be also
transferred to the civil jurisdiction for trial, as his excellency
the Governor-General was pleased to order in the first case; and
also by order of my Government to enter its most formal protest
before the Government of this island against any delay in the
transferring of this second cause against Sanguily to the civil
jurisdiction; as likewise to protest against all proceedings
hitherto practiced, or that may hereafter be practiced, in this case
by the court-martial now trying this American citizen, because they
are in clear contradiction of the said agreement between the two
nations.
I have, etc.,
Ramon O. Williams,
Consul-General.
