Speech #540135513

The consul says: Upon this utterance I calmly interjected the remark: "But. General. in carrying out such measures you will surely observe in all its parts the agreement between the two Governments?" Then recovering himself and in moderated tones he answered: "Yes. in observance of the agreement." I then said: "Well. General. that is all I have come to ask for. but these American citizens. instead of having been committed before a civil court in observance of the agreement. have been subjected for trial to a courtmartial contrary to the agreement. for neither of them has been captured with arms in hand against the Government. but arrested by the municipal police while peacefully deporting themselves in the city (Habana)." The governorgeneral then. the consul statesmade reference to the law governing the residence of foreigners in the Island of Cuba. giving me to understand that it was paramount to the agreement between the Umted States and Spain. In other words. the governorgeneral of the Island of Cuba took the ground. as suggested by the Senator from Alabama. that the local laws of Spain for the government of Cuba superseded a treaty right of the United States. Says the consul: I then replied: "But. General. the Government of the United States will never admit that a local law or regulation is superior to an international compact. that Article VI of the Constitution of the United States is very plain upon this subject. also section 2000 of the Revised Statutes of the United States requires that the same protection to person and property shall be given by the Government of the United States to naturalized citizens in foreign countries as is accorded to nativeborn citizens." He then said: "Yes- hut let the prisoners themselves invoke their rights of American citizenship before my judgadvocate (ante mi fiscal). who will consider and decide upon their rights under the agreemehit." As this was a plain effort on his part to eliminate my action as the representative of the United States in the matter. I replied: "General. my Government will not accept such a proposition. nor is it contemplated in the agreement that a Spanish judgeadvocate could supersede a consular or diplonmatic representative of the United States on such an occasion. That therefore. just as soon as possible.