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. No. 24.] The Secretary of State to the British Ambassador. 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 acknowledging 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 Cuban 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: 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 American Minister to the Secretary of State. [Telegrams-Paraphrases.] AMERICAN LEGATION, Habana, 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. BEAUPRÉ. 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. No. 619.] The American Minister to the Secretary of State. 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 offenses 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.] File No. 837.911/15. A. M. BEAUPRÉ. The American Minister to the Secretary of State. [Telegram-Paraphrase.] AMERICAN LEGATION, Habana, 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 1 Not printed. Republic; 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. File No. 837.911/14. BEAUTRE The Secretary of State to the American Minister. [Telegram-Paraphrase.] DEPARTMENT Of State, Washington, February 7, 1913. Request at once of the Cuban Government immediate, active and adequate prosecution of the persons guilty of the scurrilous and libelous statements made against the personnel of the Legation. KNOX. File No. 837.911/17. No. 621.] The American Minister to the Secretary of State. [Extract.] AMERICAN LEGATION, Habana, February 10, 1913. SIR: 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: A 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 world appear 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 libelous and blackmailing newspapers from the consequences of their crimes. I asked Dr. Patterson to say to the President for me that the leaders of the Conservative party had volunteered to instruct their congressmen to vote to allow the prosecution of this congressman, and that I was convinced, if he showed equally good feeling, he could, by the use of entirely legitimate and proper influence upon Liberal congressmen, insure a majority which would enable the Department of Justice to bring the guilty parties before the courts. I immediately prepared a note (copy enclosed) which was delivered to Mr. Sanguily personally at 7 o'clock, making formal request for the prosecution of the responsible individuals in compliance with the Department's telegraphic instruction. ** * In conclusion I venture to express the belief that all elements of Cuban official life now realize the seriousness of the question and that both parties will cooperate to make the prosecution effective. I have [etc.] [Inclosure.] A. M. BEAUPRÉ, No. 479.1 The American Minister to the Cuban Secretary of State. AMERICAN LEGATION, Habana, February 7, 1913. YOUR EXCELLENCY: I have the honor to transmit herewith enclosed copies of the afternoon edition of the newspaper “Cuba" of the 5th and 6th instant. Your excellency will observe that these papers contain outrageous and abusive attacks upon me and upon Mr. Gibson, the First Secretary of this Legation. I am just in receipt of specific telegraphic instructions from my Government directing me to immediately bring this matter to the attention of your excelleucy's Government with the request that it undertake without delay the adequate and active prosecution of the persons responsible for the scurrilous and libelous statements contained in these articles. I cannot too strongly impress upon your excellency the importance which my Government attaches to prompt and effective action by the Cuban Government in response to this formal request. I avail [etc.] File No. 837.911/18. A. M. BEAUPRÉ, The American Minister to the Secretary of State. [Telegrams Paraphrases.] AMERICAN LEGATION, Habana, February 18, 1913. The Cuban Government has assured me that proceedings against the newspaper "Cuba" are being energetically pressed, but the Government evades making direct statements. Yesterday I insistently requested a definite statement of the steps that have been taken, and I am just now in receipt of a note transmitting a report from the Prosecuting Attorney showing that nothing has been done except to take the declarations of certain members of the staff of "Cuba" as to what they know regarding the authorship of the libelous articles. Soto was requested to appear and depose, but did not do so, alleging illness, although he has been attending to business and traveling about the island. No action can be taken against him until appeal to Congress has been made and granted. Eleven days have now elapsed without any such action and Congress may adjourn at any time. I respect fully recommend that the Department impress upon the Cuban Minister in unmistakable terms its real interest in prompt and effective action, and that it formulate, for presentation by this Legation to the Cuban Government, an expression of its views. File No. 837.911/19. BEAUPRÉ. AMERICAN LEGATION, Habana, February 20, 1913. Delay in prosecution is rapidly convincing newspapers that our attitude was mere bluff and that nothing will be done. Several papers publish sneering articles which, although they avoid personalities, are most insulting to the good faith of our Government from which, the newspapers intimate, they have nothing to fear. File No. 837.911/18. BEAUPRÉ The Secretary of State to the American Minister. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Washington February 20, 1913. The following aide mémoire has been handed to the Cuban Minister, who has also had the views of the Department brought to his attention: The Department of State to the Cuban Legation. AIDE MÉMOIRE. From reports received from the American Minister at Habana the Government of the United States notes with surprise that the Government of Cuba seems to be displaying apathy in the prosecution of those persons responsible for the recent scurrilous newspaper attacks on the personnel of the Legation. It is with regret that the Government of the United States finds itself obliged to direct the attention of the Government of Cuba to this matter and to insist that the persons guilty of those attacks be adequately and speedily dealt with. DEPARTMENT OF STATE, Since the date of the Department's telegram of February 7 I have repeatedly urged definite action, in conferences with the President, Secretary of State, leaders of both parties and other officials. They |