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application of the Platt Amendment in the souse most favorable to the rights of the (Cuban] Government as recognized in the joint resolution. I have [etc.]

A. M. BEAUPRÉ. File No. 837.13/18.

The American Minister to the Secretary of State.

[Telegrams-Paraphrases.]

AMERICAN LEGATION,

Habana, March 20, 1913. Because of a constitutional technicality the Senate yesterday rejected House amnesty bill.

BEAUPRÉ.

File Fo. 437,00/ 49.

AMERICAN LEGATION,

Ilabana, March 27, 1913. Congress adjourned. New Congress convenes April 6.

BEAUPRÉ. File So. 837.13/-0.

AJERICAN LEGATION,

Habana, May 1, 191.310 a. m. Amended amnesty bill passed House. It grants amnesty not only to those implicated in the negro uprising but also to citizens, including officials, guilty of electoral frauds; of newspaper attacks and libels previous to January 1; of violations of the law in connection with questions of honor (a provision intended to absolve former Speaker Ferrara and others concerned în recent killing in a duel of the American citizen Rudolph Warren); and grants amnesty for the attempt on the life of Congressman André by the President's son.

BEAUPRÉ.

File No. 837.13/20.

The Acting Secretary of State to the American Minister.

[Telegram-Paraphrase. ).

DEPARTMENT OF STATE,

Washington, May 1, 1913. How does the new bill differ from that of the last session?

MOORE. File No. 437.13/21. The American Minister to the Secretary of State. [Telegram-Paraphrase.]

AMERICAN LEGATION,

Habana, May 1, 19138 p. m. The bill differs materially only as mentioned in my telegram of May 1, 10 a. m.

BEAUPRÉS

File No. 837,13/22.

The American Minister to the Secretary of State.
(Telegram--Paraphrase.)

AMERICAN LEGATION,

Habana, November 19, 1913. Department's telegram of March 18 and other correspondence, amnesty bill. A joint committee reported a compromise bill yesterday. It covers, as did the original bill, crimes and misdemeanors relating to the negro uprising of 1912 and also the following:

Offenses committed by public officials in the discharge of their functions who shall have served three months of their sentences and made good the civil liability attaching to such offenses.

Offenses penalized by electoral laws.

Offenses committed by or through or connected with the public press, except personal libel and offenses against the law of nations.

Discharge of firearms resulting in bodily injury not permanently disabling.

Resisting or assaulting officers.
Contempt of court.

Offenses against the person resulting from adultery, and so-called “passional” offenses including assault and attempted murder because of jealousy etc., but not homicide or murder classified in the code as a

"crimen” or “delicto." Offenses related to strikes, lockouts, conspiracy in restraint of trade, etc.

The bill covers all the offenses described that were committed prior to May 20, 1913, except in the cases of the negro uprising where the limit is January 1, 1913.

GONZALES.

File No. 837.13/22.
The Secretary of State to the American Minister.

(Telegram--Paraphrase.)

DEPARTMENT OF STATE,

Washington, November 21, 1913. You may at an opportune time discuss the matter reported in your telegram of November 19 with the President of Cuba if he seems inclined to approve the bill, pointing out this Government's views in the sense of the Department's telegram of January 6, 1913, 7 p. m. The bill appears to have substantially the same scope as the one of December 16, 1912; in this connection you are referred to the Department's telegrams of March 5, 7, 12 and 18, 1913.

BRYAN. File No. 837.13/23,

The American Minister to the Secretary of State. No. 43.]

AMERICAN LEGATION,

Ilabana, November 25, 1913. Sir: Referring to my telegram of November 19, and the Department's reply of November 21, in regard to the new Amnesty Bill

reported by a joint committee of the Senate and House of Representatives, I have the honor to enclose herewith, in copy and translation, the text of the bill.'

Yesterday. I had a most satisfactory conversation with President Menocal, during a very informal call, regarding this measure. There was

no occasion to remind the President of representations made to a former administration on this subject by the Department. Upon the subject being mentioned he instantly declared his belief that the measure would not pass Congress; he said he was endeavoring to have it killed because he wished Congress thus to dispose of it for the sake of the country's good name, but that if it passed he would veto it. The President said he had already released all of the political" prisoners except a handful of men whose general records against law were bad. I have [etc.]

WILLIAM E. GONZALES.

File No. 837.13/25.

The American Minister to the Secretary of State.

(Telegrams-Paraphrases.)

AMERICAN LEGATION,

Habana, December 18, 1913. The President has vetoed the amnesty bill.

GONZALES.

File No. 837.13/26.

AMERICAN LEGATION, Ilabana, December 20, 1913.

. In his message accompanying the amnesty bill the President said that he vetoed it because of its provisions covering common crimes.

GONZALES.

ZAPATA SWAMP CONCESSION.2

File No. 837.6112/25.

The Secretary of State to the American Minister.

No. 185.]

DEPARTMENT OF STATE,

Washington, January 11, 1913. Sır: Referring to instruction No. 159, of October 28th last, on the subject of the Zapata Swamp concession, you are informed that the Department has had a number of conferences with Mr. Isaac K. Champion, representing the Compañía Agricultora de Zapata, the concessionaire of the proposed concession for the reclamation of the Zapata Swamp, and has now concluded its study of the matter.

Mr. Champion, on behalf of the company, has stated that the company is willing and proposes to attempt to have the concession contract amended by the inclusion of new provisions in effect as follows:

(1) A provision attempting, in advance of the proposed survey, to define more exactly the boundaries of the swamp. This refers particularly to the southern boundary, which has been represented by Mr. Champion to be a ridge of high land extending from the eastern to the western limits of the swamp along its southern side, separating the true fresh-water ciénaga from the salt-water marsh to the south of the ridge in the Zapata peninsula.

1 Not printed.

* Continued from For. Rel. 1912, pp. 309-322.

• Id. 319,

(2) A substitute provision for the present provisions respecting the rights of the private owners of land within the territory of the swamp, the new provision to provide that the company shall have the right to drain such privately owned land, if not drained by the owners, for a price to be paid by the owners equivalent to the cost of the work of draining their land plus a profit to the company on this work of ten per cent. It is further understood that adequate provision will be made to protect the rights of the private owners with respect particularly to the assessment of this cost.

(3) A provision to the effect that, irrespective of the general grants of privileges to the concessionaire made by the cencession contract, all merchantable timber on Government lands drained or to be drained by the company shall remain the property of the Government of Cuba.

As these proposed amendments seem, under the Department's present information gathered from the conferences with Mr. Champion and corroborated by the report of the Consul General's investigation, to obviate the principal criticisms of the measure hitherto made, their incorporation in the concession law and contract would serve to remove the Department's objections to the project communicated to the Cuban Government at the time of the issuance of the Executive Decree of June 18, 1912.

Mr. Champion has been informed of this present position of the Department in the matter and the observation added that this attitude by the Department should not, of course, be taken or used as an endorsement by the Government of the United States of the project as a commercial enterprise.

Referring to the previous correspondence in the matter, you will address a note to the Cuban Foreign Office in the sense of the aforegoing. I am [etc.]

P. C. Knox.

File No. 837.6112/25.

The Secretary of State to the American Consul General.

No. 321.]

DEPARTMENT OF STATE,

Washington, January 11, 1913. Sir: The Department is in receipt of your despatch No. 674, of

proposed concession to the Compañía Agricultora de Zapata. Your No. 675, of November 23rd, making an amendment to the report, has also been received.

* For. Itel. 1912, p. 321.

An instruction was sent to Minister Beaupré on the 11th instant, informing him that Mr. Champion, on behalf of the company, has stated that the company is willing and proposes to attempt to have the concession contract amended by the inclusion of new provisions in effect as follows: (as in the foregoing instruction to the Minister.]

Mr. Beaupré was further informed that as these proposed amendments seem, according to the information now before the Department, to obviate the principal criticisms of the measure hitherto made, their incorporation in the concession law and contract would serve to remove the Department's objections to the project communicated to the Cuban Government at the time of the issuance of the Executive Decree of June 18, 1912; and he was instructed to address a note to the Cuban Foreign Office in the sense of the aforegoing

Mr. Champion has been informed of this present position of the Department in this matter and the observation was made to him that this attitude of the Department should not, of course

be taken or used as an endorsement by the Government of the United States of the project as a commercial enterprise. I am [etc.]

P. C. Krox.

File No. 837.6112/30.

The American Consul General to the Secretary of State.

No. 727.]

AMERICAN CONSULATE GENERAL,

Habana, March 20, 1913. Sir: I have the honor to inform you that the Compañía Territorial de Zapata, the Cuban organization to which was given the concession for the drainage and reclamation of the great Zapata Swamp in the Provinces of Matanzas and Santa Clara, has transferred all its rights, privileges and property to an American corporation, organized under the laws of the State of Delaware, and capitalized for $5,000,000.

The officers of this company state that the work of the survey of this great tract of flooded land will begin as soon as possible and that it will be done by an American firm of the highest standing and reputation. As soon as the engineering questions involved are settled the company purposes to begin the active work of reclamation through an extensive drainage system and to establish various enterprises in connection.

There does not now appear to be any doubt as to the intent of this company to use every effort to forward this great reclamation project. I'nder even a measurably successful conclusion of the work there cannot fail to be great benefit to all property in the section, and incidentally to all Cuba.

The detail of this work will be reported as soon as there is sufficient data upon which to base a comprehensive description. I have (etc.)

JAMES L. RODGERS.

1 Id. 311.

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