have promised to do whatever they can but there is manifest a pronounced disinclination to prosecute Soto. Three weeks ago, after long delay, request was made to Congress to permit prosecution, but the matter is being delayed on ridiculous pretexts. The committee to which the request was referred finally appointed one of its members to prepare a report. After several days delay he announced, yesterday, that he would have to be excused as he was not a lawyer and was therefore unfitted for the work; and that, being a Liberal, any report unfavorable to Soto, a Conservative, would be construed as party hostility. It is announced that the committee will "probably meet again in the course of a few days to consider the question and appoint someone else to prepare a report. Congress will probably adjourn in the course of ten days, and the matter is evidently being delayed in the hope that if in the meantime no action is taken prosecution can be indefinitely deferred. A campaign by Soto and his friends is being made in Congress and the press to create belief that it is unnecessary to permit prosecution as the new administration at Washington will drop the matter in pursuance of an absolute handsoff policy which is being industriously attributed to it. I have exhausted the means at my disposal in the hope of securing action without calling on the Department, but am now convinced that no action can be hoped for unless the Department makes known to the Cuban Government in unmistakable terms its expectation that effective means will be found for dealing immediately with the libelers of the Legation. If respect for the United States and its representatives here is to be maintained, it is essential that the wholesale libels to which they have been subjected for months past be brought to an end by vigorous insistence upon effective prosecution. Failure earnestly to press the case would give encouragement to the worst elements here in their efforts to create anti-American feeling, and would leave the Legation in a deplorable situation. BEAUPRÉ. File No. 837.911/22. No. 656.] The American Minister to the Secretary of State. AMERICAN LEGATION, Habana, March 18, 1913. SIR: Referring to previous correspondence in regard to the libelons attacks upon the personnel of this Legation by the newspaper "Cuba," I have the honor to transmit herewith enclosed, for the information of the Department, copy of a letter' today received from Mr. Alexander W. Kent, an American attorney practicing in this city. In this letter Mr. Kent expresses serious doubts as to the possibility of punishing those responsible for the libels in question; he withdrew to a large extent from the position taken in his letter to the Department of September 7, 1912, written in regard to the newpaper attacks on Mr. Gibson at the time of the Maza assault, wherein he was optimistic as to the facility with which the guilty parties might be brought to justice. In the last paragraph of his letter Mr. Kent states that the courts are free to arrest and indict Soto as soon as Congress adjourns, but expresses the belief that no Cuban judge would hazard such a step. The right of the courts to take such action is based on a provision of Article LIII of the Cuban Constitution which reads as follows: Senators and representatives shall be inviolable as regards their expression of opinion or their votes given in the exercise of their duties. Senators or representatives may be arrested or indicted only by authorization of the body to which they belong, if Congress should be in session, except in the event of being caught in the act of committing some crime. In this case and in that of being arrested or indicted when Congress is not in session, report shall be made to the body to which they belong for such decision as it shall make. In the event that Congress adjourns without taking action in this matter, as now seems highly probable, I venture to submit that we might with entire propriety insist that Soto be arrested and indicted during the recess in accordance with the clear provisions of the Constitution. The strong anti-American elements in Cuba are now momentarily refraining from open personal attacks upon members of this Legation while awaiting with interest an indication as to whether the Department is inclined further to press this case. By vigorous action we can probably end once for all the vicious practice of using Congressional immunity as a cloak for common crimes, and thereby not only serve our own immediate purpose but also render an important and much needed service to individuals and business interests in Cuba which have, by the ridiculous scope accorded to Congressional immunity, been subjected to every form of extortion, blackmail and libel. On the other hand, any failure earnestly to press the matter at this time will mean a relapse into conditions worse than those from which we have hitherto suffered; for those elements now held in check by a wholesome fear of being brought to justice will construe any wavering in our announced purpose to prosecute as a license to indulge in unlimited abuse of American representatives here, secure in the belief that they can do so with impunity. While by no means as positive as a few weeks ago, there is still a general hope and belief among those most interested that the new administration in Washington plans to let the lawless elements here run riot unrestricted, and the slightest encouraging sign would be taken as confirmation of this belief. From my own careful observation (as stated in my telegram of March 14) I am convinced that it is the intention of those in authority to evade, by every possible means, the responsibility of bringing the Soto question to a direct issue. The reason for this determination may perhaps be found in the fact that there are now pending before Congress thirty-five or more requests to prosecute members of Congress for crimes committed in Habana Province alone. In spite of repeated assurances from the Speaker of the House of Representatives and from other high officials of the Cuban Government, I fully expect that the matter will purposely be delayed so that it may not reach a vote before the end of this session of Congress, which may be looked for not later than the 27th instant. I have [etc.] A. M. BEAUPRÉ. File No. 123. B38/97. The American Minister to the Secretary of State. [Telegram-Extract-Paraphrase.] AMERICAN LEGATION, Habana, June 16, 1913. The Cuban Government, desirous that I "should leave Cuba with only pleasant memories," prevailed upon Congressman Soto to make public retraction of his charges in a speech before the House. As this speech was not adequate or satisfactory, the Secretary of State induced the newspaper" Cuba " to make more definite retraction and apology. This was done by the "Cuba" of its own motion, and is very gratifying in that it shows a desire to do such justice as the Cuban Government is in a position to secure unaided. It does not of course dispose of the question of congressional immunity. However, in view of the short time remaining before my departure, I trust that I may not be instructed to press the matter further. Personally I am disposed to accept the action of the Cuban Government in the way it is intended, and drop the matter. The Department should understand, however, that the principle involved is far more serious and important than the incidental phase which has affected me. The real question is whether congressmen can abuse their constitutional immunity as a cloak for vulgar crimes, libel, blackmail and character assassination. Past and present abuse of this immunity constitute a real and constant menace to honorable men, to reputable business and to other diplomats who are not so well able to defend themselves as we are. The Cuban Government and the best business elements, both American and Cuban, have looked confidently to the Government of the United States to put forth its best legal and diplomatic talent to secure protection of decent men against the outrages of the press. I trust that the Department, for the good of Cuba, will exert its best efforts to put an end to the present shameful conditions. File No. 123.B38/97. BEAUPRÉ. The Secretary of State to the American Minister. [Telegram- Paraphrase.] DEPARTMENT OF STATE, In view of your statements in your telegram of June 16 you are instructed not to press the matter further at present. The Department is giving it careful consideration and on your arrival in Washington will be glad to discuss it with you. File No. 837.911/24. The American Minister to the Secretary of State. BRYAN. No. 719.] [Extract.] AMERICAN LEGATION. SIR: Referring to previous correspondence in regard to the libelous attacks upon Mr. Gibson and myself by the newspaper " Cuba," and particularly to my telegram of June 16, I have the honor to transmit herewith enclosed copy and translation of an editorial from " Cuba " of the 13th instant, wherein the paper makes retraction of its charges. I have [etc.] A. M. BEAUPRÉ. [Inclosure-Translation.] THE BEAUPRÉ-GIBSON-“ CUBA INCIDENT. OUR LAST WORD. In view of the magnanimous reception which the press and public opinion have accorded to the speech delivered day before yesterday by Sr. Soto in the House of Representatives in regard to this incident, we wish, on our part, in just interpretation of the sincere and highminded intentions of our editor, to throw further light upon the matter and explain what really happened in this unpleasant affair. Our editor has, in fact, already set it forth in his speech, in the following words: I did not mean to wound the reputation of any person, nor to heap discredit upon any respectable representative accredited to our country; it could not occur to me, who fought on the fields of the Revolution and who am mindful of the timeliness of the assistance rendered us by the Americans in putting an end to the Revolution, to direct a wicked, cruel and unjustified attack against the representative of the American nation, which has always commanded our utmost respect. I attempted merely, in the heat of journalistic fray, to defend something that I regarded as sacred and to put a stop to a state of affairs that seemed to me harmful to the interests of my country. The articles published in our columns upon this regrettable affair were in defense of Cuban interests thought to be jeopardized by the conditions to which Sr. Soto referred in his speech: by the frequent intervention of the American Legation in our affairs-often due, we must confess, to the misconduct of our internal policy. Subsequently we have become convinced that our fears for the Cuban interests. mentioned were unfounded and that the data that had been furnished us for their defense were untrue. We ought to have so stated at the time, in all sincerity; but, as our editor said in his speech: Unfortunately, when that struggle was begun and a satisfactory solution might have been found, there arose, not the anger, rancor nor malevolence of those whom I attacked, but the untimely, malicious and interested intervention of a compatriot of ours, who. sought to take advantage of this little incident, perhaps to reap pecuniary profit from any triumph over me that he might obtain. In view of the campaign started against us by certain of our contemporaries,. had we then come out and made the statement that we now make, advantage would surely have been taken of the occasion to attribute our conduct to fear; and we continued pitilessly to fight. The journalist, who must feel human weaknesses more intensely than others because he feels them publicly, in the presence of all his readers and of public opinion, prefers, rather than have himself adjudged fearful of the consequences of what he writes, to face all dangers. But now, with our liberty of action completely restored and the attitude of our editor-which is naturally the attitude of “Cuba "-viewed with justice and noblemindedness, first by the House of Representatives and afterwards by the press and the public, "Cuba" takes pleasure in making the foregoing statement and in recognizing the honorable character of Mr. Beaupré and Mr. Gibson, Minister and Secretary of Legation, respectively, of the United States in our country. File No. 837.911/28. No. 25.] The Secretary of State to the American Minister. DEPARTMENT OF STATE. Washington, December 8, 1913. SIR: Referring to previous correspondence regarding congressional immunity in Cuba, with particular reference to the supposed exemp tion of Cuban Congressmen from punishment for crime and particularly for the crime of libel, there are transmitted herewith copies of two despatches' from the American Legation at Madrid which furnish information regarding the Spanish laws and practice in this matter. Owing to the fact that it is commonly stated in Cuba that the Cuban Constitutional provisions on this subject and the construction given thereto are similar to those of Spain, it would be well for your Legation, should opportunity again arise, to invite discreetly the attention of the Cuban Government to the substance of the reports from Madrid transmitted herewith. I am [etc.] For the Secretary of State: PARTICIPATION OF A CUBAN DELEGATION IN THE DEDICATION OF THE NATIONAL MAINE MONUMENT IN NEW YORK CITY. File No. 811.413 M28/2. The Acting Secretary of State to the Secretary of the Navy. DEPARTMENT OF STATE, Washington, May 27, 1913. SIR: Referring to this Department's letter of the 24th instant', I have the honor to advise you that the Department, having been informed through diplomatic channels that the Cuban Government will be officially represented at the inauguration of the Maine memorial on the 30th instant and has despatched the cruiser Cuba with one hundred troops of infantry and a military band to participate in the ceremonies, telegraphed to the Governor of New York the expression of its hope that the landing of the band and troops for the purpose of participating in the parade on the day mentioned will be agreeable to the State authorities, and it has requested the Secretary of the Treasury to instruct the Collector of Customs at the port of New York to extend the usual customs courtesies to the band and troops. The Department is further informed that the Government of Cuba will be officially represented at the ceremonies by its Chargé d'Affaires at Washington, its Consul General at New York, the Commander of the cruiser Cuba, Congressmen Pazos and Torralbas, and Colonel José Martí, Chief of Staff of the Cuban Army. I have [etc.] J. B. MOORE. File No. 811.413 M28/7. The Legation of Cuba to the Department of State. [Memorandum.] VICECONSULADO ADSCRIPTO A LA LEGACIÓN DE CUBA, Cablegram received from the Secretary of State of Cuba appointment Señor Manuel de la Vega, Cuban Chargé d'Affaires, as Presi Not printed. |