DIPLOMATIC CORRESPONDENCE AND FOREIGN RELATIONS. 



ties of citizens of the United States in violation of the 

 treaty agreement that such property should not be 

 subject to embargo or detention tor any public or pri- 

 vate purpose whatever. 



Enclosed is a list of the citizens of the United 

 States who, up to this date, have presented to this 

 Government complaints of such embargo or detention 

 of their property. 



The decree of embargoes is of itself an extraor- 

 dinary exercise of supreme power, outside of the 

 ordinary and regular course of legal or judicial pro- 

 ceedings, and, even if properly exercised with respect 

 to the subjects of Spain and their properties, appears 

 to be in contravention of the rights secured by treaty 

 to the citizens of the United States ; and the proceed- 

 ings under the decree against the properties of citizens 

 of the United States have not, as is understood, been 

 prosecuted by order and authority of laws only, but 

 in the exercise of the extraordinary functions vested 

 in or exercised for the occasion by the supreme polit- 

 ical authority of the island, and have been arbitrary 

 and unusual, and without the safeguards to personal 

 rights and rights of property which ordinarily accom- 

 pany legal proceedings and which the seventh article 

 of the treaty guarantees. 



It is understood that the citizens of the United 

 States whose properties have been thus taken forcibly 

 from them have not been allowed to employ such ad- 

 vocates, solicitors, notaries, agents, and factors, as 

 they might judge proper; on the contrary, as this 

 Government is informed, their properties have been 

 taken from them without notice, and advocates, so- 

 licitors, notaries, agents, or factors, have not been 

 allowed to interpose in their behalf. It is further 

 understood that the names of parties whose properties 

 are thus embargoed are from time to time published 

 and their properties thereafter immediately seized, 

 without opportunity to them or their agents to be 

 present at any proceedings in regard thereto, or at 

 the taking of examination or evidence. 



In many instances these proceedings have been 

 taken against the properties of citizens of the United 

 States, who were not at the time, and who have not 

 during the continuance of disturbances on the Island 

 of Cuba been, within the jurisdiction of Spain. It is 

 notorious that by going to the Island of Cuba, after 

 the official denunciation of their alleged conduct, they 

 would subject themselves to arbitrary arrest and pos- 

 sibly summary military trial, if not to the uncon- 

 trolled violence of popular prejudice. 



The undersigned has also received representations 

 from several citizens of the United States complaining 

 of arbitrary arrest, and of close incarceration without 

 permission to communicate with their friends, or 

 with advocates, solicitors, notaries, agents, and fac- 

 tors, as they might judge proper. In some of these 

 cases the parties have been released ; in others they 

 are understood to be still held in custody. 



The undersigned has the honor to enc!6se a list of 

 the citizens of the United States who up to this date 

 have presented to this Government complaints of such 

 arrest and detention. 



In some cases, also, such arrests have been fol- 

 lowed by military trial without the opportunity of 

 access to advocates or solicitors, or of communication 

 with witnesses, and without those personal rights 

 and legal protections which the accused should have 

 enjoyed; and such summary trials, when ending in 

 conviction, have been followed by summary execu- 

 tion. Such cases, so far as they have come to the 

 knowledge of the undersigned, are included in the 

 list herewith transmitted. 



What has been already done in this respect is un- 

 happily past recall, and leaves to the United States a 

 claim against Spain for the amount of the injuries 

 that their citizens have sufiered by reason of these 

 several violations of the Treaty of 1795 a claim which 

 the undersigned presents on behalf of his govern- 

 ment with the confident hope that the Government 

 of Spain, recognizing its justice, and making some 



proper and suitable provision for ascertaining the. 

 amount which should rightfully come to each claim- 

 ant, will also order the immediate restoration to the 

 citizens of the United States of their properties 

 which have been thus embargoed, and the release of 

 those citizens of the United States thus held, or their 

 immediate trial under the guarantees and with the 

 rights accorded by the treaty. 



As to the future, it is confidently expected that 

 steps will be taken to insure against further viola- 

 tions of the treaty. The high sense of honor for 

 which Spain is proverbial will (the President feels 

 assured) prompt her to take vigorous steps to secure 

 to citizens of the United States within Spanish do- 

 minions the full measure of the rights accorded to 

 them by the Treaty of 17D5. 



The extraordinary powers as to affairs in Cuba 

 which were conferred upon Mr. Lopez Eoberts by 

 his government, and which were communicated to 

 the undersigned on the 12th day of August last, are 

 understood by the Government of the United States 

 to be broad enough to authorize him to arrest these in- 

 fractions of the rights secured by the treaty, and to 

 obtain the restoration of the properties. If, however, 

 such is not the case, the undersigned then takes the 

 liberty to ask Mr. Lopez Koberts to advise him of such 

 absence of power, in order that instructions may be 

 given to the minister of the United States at Madrid. 



In closing this note, the undersigned must ex- 



Eressly reserve to the Government of the United 

 tates the right to restate its grievances on these 

 points, as new facts may come to its knowledge show- 

 ing further and other injuries to the properties of 

 citizens of the United States from like causes. 



The undersigned avails himself of this occasion to 

 renew to Mr. Lopez Eoberts the assurances of his 

 highest consideration. HAMILTON FISH. 



Senor Don MAUEICIO LOPEZ KOBEETS, etc. 



Mr. Lopez Roberts to Mr. Fish. 

 "WASHINGTON, June 24, 1870. (Received June 25.) 



The honorable Secretary of State of the United 

 States was pleased to address, on the 9th instant, a 

 note to the undersigned, inquiring -whether the pow- 

 ers, with which he stated in his communication of 

 August 12, 1869, that he had been invested, were or 

 were not sufficiently ample to authorize him to inter- 

 fere in cases of seizure of property and of arrests of 

 citizens of the United States, which are declared by 

 the Hon. Hamilton Fish to have been made in the 

 Island of Cuba in a manner contrary to the spirit and 

 letter of the treaties existing between the United 

 States and Spain, the Federal Government proposing ; 

 in case that the undersigned is not in possession of 

 the powers referred to, to send the necessary instruc- 

 tions to its representative at Madrid, General Sickles. 



The undersigned has the honor to inform the hon- 

 orable Secretary of State that, in view of the favorable 

 situation in which the Island of Cuba now is, the 

 government of his highness the Eegent of the king- 

 dom no longer deems it necessary to continue the 

 powers which were granted to him at the time afore- 

 said, and which are mentioned by the honorable 

 Secretary of State in his note. 



The undersigned avails himself of this occasion to 

 renew to the honorable Secretary of State the assur- 

 ances of his highest consideration. 



MAUEICIO LOPEZ EOBEETS. 



Hon. SECEETAEY OF STATE of the United States, etc. 



Mr. Fish to General Sickles. 

 DEPABTMENT OF STATE, 



WASHINGTON, June 24, 1870. f 

 GENEEAL: Enclosed you will find a copy of a note 

 addressed to Mr. Lopez Eoberts, on the 9th instant, 

 relative to the claims of citizens of the United States 

 against Spain, growing out of summary arrests and 

 imprisonments, military executions, arbitrary embar- 

 goes of property, and other acts done by the Spanish 

 authorities in Cuba to the persons and properties of 



