the 16th instant. ** This bill, in addition to granting amnesty to all those participating 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, 1913-7 p. 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 erime was not dealt with in the manner found necessary in all countries to the adequate protection of life, property, and individual liberty. You will make 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. No. 585.] The American Minister to the Secretary of State. AMERICAN LEGATION, Habana, January 9, 1913. SIR: 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, Habana, March 4, 1913-12 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 have `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. File No. 837.13/6. BEAUPRÉ. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Habana, March 4, 1913-3 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 bis 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. No. 9.] The Cuban Minister to the Secretary of State. [Translation.] 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.] File No. 837.13/7. ANTONIO MARTIN RIVERO. 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 zens affected but also to effect such a withdrawal of due protection to property and individual liberty of Cuba as to excite this Government's concern. In view of its rights and obligations under the Treaty of Relations of 1903, the Government of the United States expresses its firm conviction that upon final study of this harmful measure the President of Cuba will not permit it to become a law. BRYAN. File No. 837.13/S. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Habana, March 7, 1913. President Gomez to-day signed the amnesty bill in spite of having full knowledge of the views of Department's March 7, and of the threatened American interests. Beaupré. File No. 837.13/8. The Secretary of State to the American Minister. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington, March 8, 1913-6 p. m. You will inform the Government of Cuba of the regret and serious concern this Government feels at the adoption of the amnesty bill and of this Government's apprehensions in regard to its possible consequences. Say also that this Government reserves the right to hold the Government of Cuba fully responsible for the injuries to American citizens in violation of their due rights which the amnesty law may cause. BRYAN. File No. 837.13/12. The Cuban Legation to the Department of State. [Not a translation.] PRO MEMORTA, The Secretary of State of the Republic of Cuba has addressed a cablegram to the Cuban Minister in which he states that in his desire, which is shared by the majority of the members of the Cuban Congress, of avoiding any cause or pretext that may tend to alter the cordial relations which exist between Cuba and the United States he has been endeavoring to ascertain what are the features of the amnesty bill, pending of approval by the President, which have been found objectionable to the Government of the United States, with the view of procuring their elimination. But the Secretary of State has not been able to glean from the numerous notes addressed to him by the American Minister at Habana what precepts contained in that bill are believed to cause injury in any manner to American or other foreign citizens, as no specific article or paragraph has been pointed out by the American Minister; and he therefore instructs the Cuban Minister to request of the Secretary of State of the United States that he indicate the terms of said amnesty bill that are understood to be injurious, and to that effect copy of the bill, and of the articles of the Cuban penal code' referred to in the same, are herewith appended. The Secretary of State of the Republic of Cuba instructs the Cuban Minister to assure the Secretary of State of the United States that this action is inspired by the earnest desire of the Cuban Government and the people of Cuba of strengthening the bonds of friendship and the cordial feelings that happily exist between the two countries, based upon international comity and respect for their mutual rights. As the time within which the President of Cuba must sign or veto the above-mentioned bill has almost elapsed, while waiting for a specific objection from the American Minister, the Cuban Minister respectfully requests an early reply, so that the Cuban Government may be enabled to show its good faith and sincerity of purpose on the premises. LEGATION OF CUBA, Washington, March 10, 1913. [Inclosure-Translation:] LAW OF AMNESTY. ARTICLE I. Amnesty is hereby granted for the following crimes and misdemeanors prosecutable de officio: (a) All crimes and misdemeanors committed by means of printing, engraving, or other mechanical method of publication, or by word of mouth. (b) All crimes committed by individuals who have been occupying or who occupy elective offices of provincial governor or of municipal mayor. Crimes against property, against honor, and those of malversation are excepted. (c) For crimes of disrespect or transgression against authority or its agents. (d) Crimes of rash or ordinary imprudence, of coercion or conditional threats which have not had as their object the demand of money or damage to property, and of the crimes of prolongation or usurpation of office. (e) For crimes and misdemeanors committed by reason of laborers' strikes. (f) All crimes of exciting rebellion, rebellion and crimes related thereto, and unlawful association, with the exception of those included in the first paragraph of article 186 of the penal code. ART. II. Amnesty is hereby granted for all crimes and misdemeanors committed by public functionaries or employees in the exercise of or in connection with their duties in respect to which criminal proceedings have been instituted or judgment rendered. ART. III. Amnesty is furthermore granted for crimes of the discharge of firearms against an ascertained person and the discharge of firearms and wounds [sic], provided that they have not left incapacitated the wounded person and without prejudice to civil responsibility. Not printed. |