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With reference to the concluding portion of Mr. Bryce's note to the Department, dated February 27th, in which it is suggested that the United States Government might intimate to the Cuban Government that no action should now be taken “tending to create vested interests,” in order that the matter might be “reserved without prejudice for the consideration of the new Cuban Administration, I have the honor to submit that as a matter of fact the question is now before the courts, and in the circumstances no action on the part of the Cuban Government is conceivable tending to create any vested interests not already derived from the actual award of the concession to the North Coast Company.

Mr. Leech's knowledge of the questions involved is far from thorough, and he finally stated that it would be necessary for him to request the attorneys of the Cuban Central to prepare a memorandum for him covering the points at issue. He proposes to send a copy of this memorandum to the British Ambassador in Washington. He has promised to bring me this statement as soon as possible; and I shall then have the honor of reporting further to the Department. I have [etc.]

A. M. BEAUPRÉ.

File No. 837.77/105.

The American Minister to the Secretary of State.

(Extract.]

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No. 662.]

AMERICAN LEGATION,

Habana, March 22, 1913. Sir: Referring to the last paragraph of my despatch No. 653 of the 15th instant, in regard to the Caibarién-Nuevitas railroad concession, I have the honor to report that my British colleague has allowed me to read the memorandum prepared for him by the lawyer of the Cuban Central Railways and which he told me he should send to his Government and to the British Ambassador in Washington to be submitted by the latter to the Department. *

Despite Mr. Leech's previous admission to me, as reported in my despatch No. 653, that there was no longer any substantial difference between us as to the essential facts, this memorandum states that there “ seems to be a wide divergence of opinion as to the facts” between us. I could not, however, discover in the memorandum any reference to a specific instance wherein we differ in any essential point of fact.

Mr. Leech's ineinorandum also brings up again the question of what Congress intended by the term “ Cordillera de Bamburanao," in connection with which, it is alleged, the Cuban Central attempted by an ill-taken technicality to evade the obvious intent of the act. This point is fully discussed in my despatch No. 626, of February 17, 1913, and requires no further comment.

Although the Legation has heretofore relied entirely upon itself to investigate and prepare its reports upon this matter, I have, since Mr. Leech announced that he would have a memorandum prepared by the lawyer of the Cuban Central to refute my previous arguments, thought it expedient to have Mr. Tarafa's lawyer prepare a memorandum for this Legation refuting specifically the British contentions. I have, therefore, the honor to enclose two memoranda.'—one referring to the specific contentions of Mr. Leech as stated in my despatch No. 653 (page 3), and the other to exceptions taken by the Cuban Central Railways predicated upon the alleged infringement by the President of article 103 and other articles of the Reglamento de las Secretarias del Despacho,-and venture to recommend their careful perusal and consideration by the Department. I have [etc.]

A. M. BEAU PRÉ.

File No. 837.77/106.

The British Ambassador to the Secretary of State.

Britisi EMBASSY,

Washington, March 31, 191.). Sir: His Majesty's Minister in Havana informs me that the United States Minister has shewn to him a recent report which he sent to the State Department on the subject of the Caibarién-Nueritas Railway, which in the opinion of Mr. Leech did not quite accurately set forth the circumstances of the case as understood by him.

Mr. Leech has therefore prepared a report which he has shewn to Mr. Beaupré and a copy of which he has forwarded to me dealing fully with the case.

I have the honour to forward to you a copy of this report, which, as you will see, gives a somewhat different account of the situation from that which might have been gathered from Mr. Beaupré's despatch. I have [etc.]

· JAMES BRYCE.

File No. 8:37.77/106.

The Secretary of State to the American Vinister. No. 223.]

DEPARTMENT OF STATE,

Washington, May 8, 1913. Sir: Referring to your despatch No. 622,- dated March 22, 1913, and to other correspondence regarding the Nuevitas-Caiba rien RailWav subvention, you are informed that under date of March 31, 1913, Mr. Bryce, at that time British Ambassador, transmitted to the Department a report on this matter, prepared by Mr. Leech.

It appears, from your despatch under acknowledgment and from the note of the British Ambassador above mentioned and its enclosure, that the contentions urged by the British Government involved questions of a legal nature pertaining to the validity of the proceedings heretofore taken in the matter, which the Government of the United States does not feel called upon to discuss with the Cuban Government at the present time, inasmuch as this Government

1 Xot printed.

2 Should be 662.

relies upon the Cuban Government to give these questions such careful and deliberate consideration as will insure their determination with due regard to law and justice. I am [etc.]

For the Secretary of State:

JOHN B. MOORE.

File No. 837.77/106.

The Secretary of State to the British Ambassador.

No. 24.]

DEPARTMENT OF STATE,

Washington, May 24, 1913. EXCELLENCY: I have the honor to acknowledge the receipt of Ambassador Bryce's note of March 31, 1913, in which he states [etc.].

In reply I have the honor to say that on the 8th instant the Department sent an instruction to Minister Beaupré, in which, after acknow!.. edging the receipt of a despatch from him on the subject, dated March 22, 1913, and informing him of the receipt of. Mr. Bryce's note, it said:

" It appears, from your despatch under acknowledgment and from the note of the British Ambassador above mentioned and its enclosure, that the contentions urged by the British Government involved questions of a legal nature pertaining to the validity of the proceedings heretofore taken in this matter, which the Government of the United States does not feel called upon to discuss with the Cuban Government at the present time, inasmuch as this Government relies upon the ('uban Government to give these questions such careful and deliberate consideration as will insure their determination with due regard to law and justice." I have [etc.]

For the Secretary of State:

JOHN B. MOORE.

SCURRILOUS AND LIBELOUS NEWSPAPER ATTACKS ON THE

AMERICAN MINISTER AND THE SECRETARY OF LEGATION AT HABANA; IMMUNITY OF CONGRESSMEN FROM PROSECUTION FOR CRIME; ATTITUDE OF THE UNITED STATES.

File No. 837.911/12.

The Imerican Vinister to the Secretary of State.

(Telegrams - Paraphrases.]

AMERICAN LEGATION,

Ilabana, February 6, 1913—1 p.m. In an article covering the full front page of yesterday's issue, the newspaper - Cuba" made a specific accusation that Gibson and I, through the levying of blackmail and graft, have enriched ourselves in various local enterprises. The article is unspeakably scurrilous, of an inflammatory character and calculated to incite to further violence against the members of this Legation. Failure to proceed against this

newspaper for past offenses has encouraged it to increase the violence of its attacks." The Cuban Government has repeatedly expressed readiness to prosecute libelous publications upon the request of the Legation, and I strongly recommend that I be authorized to request the Cuban Government to take action in this case for criminal libel.

BEAU PRÉ.

File No. 837.911/13.

AMERICAN LEGATION,

Habana, February 6, 1913—2 p. m. This afternoon's edition of " Cuba" contains another front-page article giving what purports to be a statement of the exact manner in which the National Bank of Cuba keeps the funds I have secured through corruption. It also announces that Gibson and I are to be investigated by order of the Department.

BEAUPRÉ.

File No. 837.911/16.

The American Minister to the Secretary of State.

No. 619.]

AMERICAN LEGATION,

Habana, February 6, 1913. Sir: Referring to my telegrams of February 6 (1 p. m. and 2 p. m.) in regard to abusive articles concerning the Legation published in the newspaper “Cuba,” I have the honor to transmit herewith enclosed copies and translations of the two articles in question.' Judging from the tenor of the articles already published, it is to be presumed that they will be followed by others of a similar nature.

The Department is in possession of the facts concerning past offonses of this newspaper in its attacks upon Mr. Gibson last August and upon the President at a later date. I therefore deem it superfluous to enter into a discussion of the matter, but venture to confirm my earnest recommendation already made that I be authorized to present a formal request to the Cuban Government that action be taken against this newspaper for criminal libel. I have [etc.]

A. M. BEAUPRÉ.

File No. 837.911/15,

The American Minister to the Secretary of State.

[Telegram-Paraphrase.)

AMERICAN LEGATION,

Ilabana, February 7-4 p. m. This afternoon's edition of “ Cuba ” devotes its entire front page to abusive articles and alleged Washington despatches concerning its attack on this Legation. The editor, Oscar Soto, declares his intention to introduce this afternoon in the House of Representatives a resolution calling upon the President for copies of all notes from this Legation to the Cuban Government since the foundation of the

* Not printed.

Republie; copies of all warnings and admonitions addressed by me to the Government, and statement of the reasons therefor; and a detailed statement of Mr. Gibson's acts and conduct in relation to collection of the Reilly claim. Commenting on newspaper statements to the effect that the Cuban Government might be asked to deport its editors, "Cuba“ declares that its one responsible manager cannot be deported as he is a Cuban citizen, and strongly intimates that he cannot be prosecuted because of his Congressional immunity.

BEAUTRE.

File No. 837.911./14.
The Secretary of State to the American Vinister.
[Telegram--Paraphrase. )

DEPARTMENT OF STATE,

Washington, February 1, 1913. Request at once of the Cuban Government immediate, active and adequate prosecution of the persons guilty of the scurrilous and libel. ous statements made against the personnel of the Legation.

Kxos.

File No. 837.911/17.

The American Vinister to the Secretary of State.

[Extract.) No. 621.]

AMERICAN LEGATION,

Ilabana, February 10, 1913. Sır: Referring to my despatch No. 619 of the 6th instant and to other correspondence in regard to the libelous campaign being conducted by the newspaper - Cuba " against this Legation, I have the honor to report more recent developments in the situation as follows:

few minutes after the receipt of the Department's telegram of February 7, Dr. Patterson, Sub-Secretary of State, called at the Legation and I took occassion to impress upon him with great earnestness the gravity of the present situation and the imperative necessity for the Cuban Government to proceed with energy and effectiveness in the prosecution of those responsible for the libelous and slanderous statements concerning the personnel of this Legation. Dr. Patterson expressed great indignation at the character of the articles which have been published in * Cuba," and stated that both the President and Secretary of State had been shocked upon reading these articles and were prepared to do anything within their power to see that proper reparation was made. Dr. Patterson added, however, that there woull al pear to be some doubt as to how effective prosecution would be in view of the fact that the newspaper was protected by the parliamentary immunity of a congressman who was paid a salary, not for any work done on the paper, but simply for the protection gained by printing his name at the head of the editorial column. In response to this I pointed out very bluntly that there was no need to allow any such defiance of the laws to interfere with the proper course of justice; that congressional immunity was very clearly intended to cover nothing more than the official acts of a congressman and not to protect

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