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NAVAL STATION AT GUANTANAMO.1

File No. 811.34537/115.

The Secretary of State to the American Minister. No. 186.]

DEPARTMENT OF STATE,

Washington, January 11, 1913. Sir: Referring to your No. 571 of December 27, the Department desires to say that it submitted the agreement between the United States and Cuba for the enlargement of the Guantánamo Naval Station to the Secretary of the Navy. He points out a slight error occurring in the English text of paragraph îl of article I.

You will perceive that this paragraph was correct in the draft furnished with your No. 477 of October 23 last, which reads:

From the western extremity of this line, a curved line running in coincidence with the northeastern and northern shore line of Flamingo Cay," etc. The present agreement substitutes the word " northwestern ” for the word "northeastern," an evident error as is shown by the Spanish text, which is correct. It is not known, of course, whether this error also exists in the Cuban original, but I return the agreement forwarded by you in order that correction may be made in both originals if necessary. The correction may be made and signed by the initials of the plenipotentiaries in the margin of the text. You will return the agreement as soon as possible after correction, I am [etc.]

P. C. Knox,

File No. 811.34537/118.

The American Minister to the Secretary of State.? No. 602.]

AMERICAN LEGATION,

Habana, January 21, 1913. Sir: I have the honor to acknowledge receipt of the Department's instruction (No. 186) of the 11th instant, regarding an error committed in the English text of paragraph 11 [etc.].

I have the honor herewith to return our copy of the agreement in which, as the Department will perceive, the error has been appropriately corrected and sanctioned by Mr. Sanguily's initials and my own in the margin. I personally examined the Cuban copy of the agreement and found that the same error did not occur in it. I have [etc.]

A. M. BEAUPRÉ.

File No. S11.34537/119.

The American Minister to the Secretary of State. No. 605.]

AMERICAN LEGATION,

llabana, January 23, 1913. Sir: I have the honor to report that rumors for the past week or so have been current in Habana to the effect that there is a disposition in

: Continued from For, Rel. 1912, pp. 293-297. 2 Receipt acknowledged by the Department on February 4, without further instructions.

140322o- ---FR 1913 -23

the Cuban Senate to defer action upon the recent agreement for the enlargement of the Guantánamo naval station. Some senators are said to pretend that they object to alienating such a large portion of the national territory. It is also said that one of their grounds for holding up this agreement is the failure of our own Senate to approve the treaty made several years ago recognizing Cuban sovereignty over the Isle of Pines; they will, it is said, claim this as a precedent for their own inaction.

I visited the Cuban Secretary of State yesterday morning and discussed these rumors with him. Mr. Sanguily assured me that, while a disposition was indeed apparent upon the part of the Senate to delay action upon the agreement, there was no actual opposition to its ternis—the various objections stated being nerely pretext for deferring action. He believes that it is the purpose of eertain senators to avoid any responsibility in the matter by leaving the approval of the treaty to the next Senate, which will come into office on May 20th, or, in other words, those whose terms now expire (none of whom were reelected) may be looking forward to an opportunity of making political capital among their constituencies out of the fact that they were sufficiently courageous to oppose the approval of a treaty alienating to a foreign power a considerable portion of the national territory. Mr. Sanguily is of the opinion that it is possible that they may succeed. I have setc.)

A. M. BEAUPRÉ.

File No. 437.00/49.
The American Minister to the Secretary of State.

[Telegram--Parapbrasc.]

AMERICAN LEGATION,

Habana, March 27, 1913. The Cuban Congress adjourned March 26 without acting on the Guantánamo matter. New Congress convenes April 6.

BEAUPRÉ.

NOTE.—The proposed treaty expired by limitation June 27, 1913, since by its article 5 a stipulation was made for its ratification within six months from its date: December 27, 1912. See For. Rel. 1912, p. 297.

CUBAN AMNESTY BILL —ATTITUDE OF THE UNITED STATES.

File No. 837.13/2.
The American Minister to the Secretary of State.

[Extract.] No. 560.]

AMERICAN LEGATION,

Habana, December 19, 1912. SIR: I have the honor to inclose herewith the text, in copy and translation, of an amnesty bill passed by the House of Representatives on

* Not printed.

the 16th instant. * *.* This bill, in addition to granting amnesty to all those partieipating in the recent negro uprising, includes in its terms persons guilty of certain minor offenses and (article 2) all publie officials or employees guilty of crimes committed before August 12, 1912, in regard to which proceedings were instituted or conviction was had prior to that date. It is understood that this provision will affect only a few convicted officials whom the Executive can not pardon, as well as two or three against whom charges are pending.

The granting of an amnesty to the negro rebels would seem to be an unwise measure in view of the premium which it apparently places upon armed revolt, but there are so many negroes in jail that the Government is placed at considerable expense for their maintenance. I have [etc.]

A. M. BEAUPRÉ.

File No. 837.13/3a.

The Acting Secretary of State to the American Minister,

[Telegram-Paraphrase.)

DEPARTMENT OF STATE,

Washington, January 6, 19132. m. Including, as it does, other than political offenders, this Government fears that the amnesty bill, if enacted as passed by the House, would create an unfortunate impression that common crimes were allowed to go unpunished in Cuba, and that thus crime was not dealt with in the manner found necessary in all countries to the adequate protection of life, property, and individual liberty. You will mako clear orally to the Government of Cuba this apprehension which arises from the friendly interest which the Government of the United States necessarily takes.

HUNTINGTON Wilson.

File No. 837.13/4.

The American Minister to the Secretary of State.

No. 585.)

AMERICAN LEGATION,

Habana, January 9, 1913. Ser: Referring to the Department's telegram of January 6, 7 p. m., I have the honor to report that I had an interview with President Gómez this morning regarding the amnesty bill recently passed by the Cuban House of Representatives and explained to him the fears of the Government of the United States that if the bill should become law, including, as it does, other than political offenders, an unfortunate impression would be created that common crimes were allowed to go unpunished in Cuba, and that thus crime was not dealt with in the manner found necessary in all countries for the adequate protection of life, property, and individual liberty. I made this apprehension quite clear to the President, and stated that it arose from the friendly interest which the Government of the United States necessarily takes in such matters.

The President said, in reply, that he thoroughly agreed with the views of the United States Government in this matter; that, as a matter of fact, he had never read the amnesty bill; that he would at once send for it, examine it, and then take such action as he could to comply with your expressed opinions, so that at any rate if the bill should pass it would grant amnesty only to political offenders.

I also called at the Cuban Foreign Office and made similar statements to Mr. Patterson, the Subsecretary of State. I have [etc.]

A. M. BEAUPRÉ.

File No. 837.13/5.
The American Minister to the Secretary of State.
[Telegram- Paraphrase.)

AMERICAN LEGATION,

Hubana, Varch 4, 191312 noon. In final form the amnesty bill covers, in addition to rebellion and incitement thereto, the following common crimes and misdemeanors when prosecutable by the State—that is to say, without formal complaint of alleged party:

ARTICLE 1. Those committed through medium of the press, engraving or other mechanical means, or by word of mouth; those committed by persons who hare occupied or occupy the elective offices of provincial governor or mayor, crimes against property or honor and embezzlement excluded; simple or reckless imprudence, and coercion or conditional threats except when accompanied by demands of money or contemplating destruction of property ; those committed in connection with workmen's strikes.

ART. 2. Public employees or officials, without prior criminal record, who are serving sentences, provided they make good any civil liability.

Art. 3. Unchanged.
ART. 4. Enlisted men of army and rural guard guilty of perjury.

Amnesty applies to crimes enumerated committed prior to January 1, 1913.

BEAUPRÚ.

File No. 837.13/6.
The American Minister to the Secretary of State.
[Telegram--Paraphrase.]

AMERICAN LEGATION,

Ilabana, March 4, 19133 p. m. Article 2 of amnesty bill as passed is not as reported in my March 4. 12 noon, but reads as follows:

Amnesty is granted for all crimes and misdemeanors committed by public functionaries or employees in the exercise of or in connection with their duties, in respect of which criminal proceedings have been instituted or judgment rendered.

This will result in granting immunity to a large number of public officials against whom graft and embezzlement charges are pending depriving injured parties from securing legal redress.

I shall request President Gomez to defer signature of bill until I can ascertain views of the Department.

BEAUPRÉ.

File No. 837.13/6.
The Secretary of State to the American Minister.
[Telegram-Paraphrase.)

DEPARTMENT OF STATE,

Washington, March 5, 1913—6 p.m. This Government trusts that the President of Cuba pursuant to his declarations reported by you in your No. 585 of January 9, 1913, will take action to restrict the amnesty to political offenders.

BRYAN.

File No. 837.13/7.

The American Minister to the Secretary of State.

[Telegram-Paraphrase--Extract.]

AMERICAN LEGATION,

Habana, March 6, 1913–7 p. m. In a note dated today I brought Department's views as expressed in its March 5, to the attention of the President, pointing out the specific instances in which we already knew American interests would be injured and the ends of justice thwarted. I have, however, just received a note stating that the President has determined to affix his signature to the bill in its present form in spite of our objections.

BEAUPRÉ.

File No. 837.13/10.

The Cuban Minister to the Secretary of State.

(Translation.)

No. 9.]

LEGATION OF CUBA,

Washington, D. C., March 7, 1913. MR. SECRETARY: I have the honor to inform you that, by a cablegram of this date, my Government directs me to give to the Government of the United States the assurance that the amnesty law recently voted by the Cuban Congress does not comprise offenses against the law of nations and, therefore, does not affect the status of those who may be found guilty of attacks on the members of the Legation of the United States. I avail [etc.]

ANTONIO MARTIN RIVERO.

File No. 837.13/7.

The Secretary of State to the American Minister.

[Telegram--Paraphrase.)

DEPARTMENT OF STATE,

Washington, March 7, 1913. You will immediately inform the Cuban Government that the amnesty bill seems to be not only an injustice to the American citi

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