IMPRISONMENT OF FRANCISCO MARTINEZ, A PORTO RICAN. No. 14.] Mr. Dawson to Mr. Hay. AMERICAN LEGATION, Santo Domingo, August 13, 1904. SIR: I have the honor to inclose correspondence relative to Francisco Martinez, a Porto Rican, who was imprisoned without bail at Macoris, under circumstances which convinced the consular agent and myself that it was more an attempt to collect a debt than a bona flde effort to punish a crime. Upon representation being made, he was promptly released (August 5) on bail by the Dominican Government. I have, etc., [Inclosure 1.] Mr. E. C. Reed to Mr. Juan A. Read. T. C. DAWSON. AMERICAN CONSULAR AGENCY, SIR: On the 18th instant the wife of Francisco Martinez, a Porto Rican, appealed to me for protection of her husband, who, she claimed, was unjustly held in prison here by the local authorities. On the 19th instant I called upon the acting governor of this place, Mr. Presbiterio Hernandez, asking him the cause of the imprisonment of the aforesaid Martinez. To-day I received an official communication from the acting governor, I hereby beg to inclose, in which he tells me that the said Martinez was held in the public prison of this city on a charge of "abuse of confidence," as you will see by the inclosed communication. Not knowing the laws of this country well enough, whether a foreignor can be imprisoned upon an accusation of that kind, I beg to refer this case to you for instructions regarding my actions in the future, merely adding that the man Martinez has been already six days in jail, and no action has been taken so far in his case. I remain, etc., E. C. REED. [Subinclosure.-Translation.] Mr. Hernandez to Mr. Reed. THE CIVIL AND MILITARY GOVERNMENT OF SIR: The citizen judge of instruction, giving the information solicited by the dispatch relating to the incarceration of the American subject, Francisco Martinez, communicates the following: Mr. Francisco Martinez finds himself detained in the public prison of this city not only for having made a false sale of his commercial establishment, having creditors as to whom there were formalities to comply with, but also on account of a formal complaint made by Mr. Pedro Geautrean, who accuses him of abuse of confidence. This is all I have to present to you regarding the information solicited by you in our interview of yesterday. PRESBITERIO HERNANDEZ. Greetings, etc., [Inclosure 2.] Mr. Dawson to Mr. Reed. AMERICAN LEGATION, Santo Domingo, July 26, 1904. SIR: I have to acknowledge receipt of yours of the 20th instant in which you state that the wife of one Francisco Martinez, a Porto Rican, had applied to you for protection for her husband, who, she claimed, was unjustly held in prison by the local authorities. I gather from the governor's letter to you that Mr. Martinez is held for a crime recognized as such by the laws of all civilized countries, and that his being a foreigner would not exempt him from trial therefor. I would suggest that you see the honorable governor and ask him to give Mr. Martinez a speedy trial. It would be well also that you attend the trial and satisfy yourself as to the merits of the case, reporting the facts to me. Yours, respectfully, [Inclosure 3.] Mr. Reed to Mr. Dawson. T. C. DAWSON. AMERICAN CONSULAR AGENCY, SIR: Your letter of instruction regarding the affair of Francisco Martinez at this place, dated the 26th instant, came to my hands late yesterday afternoon, and the contents of the same have had my respectful attention. I note what you state, that the crime Mr. Martinez is held for, according to the governor's letter to me, is recognized as such by the laws of all civilized nations, and that his being a foreigner does not exempt him from a trial for the same and that you desire me to ask the governor to give Martinez a speedy trial and my attendance at the latter when it does take place. In reply, I beg respectfully to report that I called upon the governor this morning, telling him that I had received instructions from you to see him and request his good offices for the speedy trial of Francisco Martinez. He replied that he could not very well interfere with the action of the court of justice, since each official at the head of the different departments of the government here was responsible for his action to the minister of that department at the capital; but upon my expressing a doubt-not officially, but as a private personabout the legality of the arrest of the man and the probable claim for damages from the injured party in the future, he gave me his promise to do his best to have the man released from jail pending his trial, with which, of course, I had to be satisfied. Regarding your desire for my presence at the trial to satisfy myself as to the merits of the case, beg to say that in this country, in a case like the one in question, there is no such a thing as a trial, since neither plaintiff, defendant, nor witnesses, if any, are allowed to come into court, the two lawyers of the respective parties submitting their briefs to the judge, who, after due consideration of the same, gives judgment. This cause, though of itself a bagatelle, is, in my opinion, of very serious concern to foreign merchants doing business here, because the investigating judge upon the mere statement of a lawyer ordered the arrest and imprisonment of the man, who has now been some three weeks in jail and is suffering from fever to-day, while his wife and children are suffering. I will take the liberty during a personal interview to explain the case more fully to you, and remain, etc., E. C. REED, [Inclosure 4.] Mr. Dawson to the Minister of Foreign Affairs. AMERICAN LEGATION, Santo Domingo, August 3, 1904. Mr. MINISTER: Referring to the subject of our conversation of yesterday, the case of Francisco Martinez, a citizen of Porto Rico who has been confined in the jail in San Pedro de Macoris for three weeks without trial, I have the honor to ask your excellency's good offices with your colleague, the minister of justice, to secure for said Martinez an immediate trial, or in default thereof his release and restoration to his family pending a trial. The unfortunate individual is sick with fever and the accusation made against him arose in connection with a debt it is claimed he owes. I will be grateful to your excellency for procuring an immediate telegraphic communication to the proper authorities in Macoris. Your favorable action will be appreciated as an instance of that disposition to act fairly by Porto Ricans already so often shown by your Government. I have, etc., T. C. DAWSON. [Inclosure 5.] Mr. Sanchez to Mr. Dawson. DOMINICAN REPUBLIC, MINISTRY OF FOREIGN AFFAIRS, Mr. MINISTER: Referring to the conversation which I had with your excellency on the 5th instant and in which I showed you the telegram that I had received from Macoris, I now have the honor to confirm the same and to assert that Mr. Martinez was prosecuted for abuse of confidence; but for the sake of complying with your excellency's wishes, and in view of his being sick, Mr. Martinez has been given his liberty under bond. They are using all diligence necessary to hasten the procedure as much as possible, and, in the event of their not being able to discontinue the action, to adjudge him the least possible punishment. Greeting, etc., JUAN FRANCISCO SANCHEZ. No. 20.] Mr. Adee to Mr. Dawson. DEPARTMENTt of State, Washington, August 31, 1904. SIR: I have to acknowledge the receipt of your dispatch No. 14, of the 13th instant, inclosing correspondence in relation to the imprisonment of Francisco Martinez, a Porto Rican, at Macoris, and to inform you that your course in the case is approved by the Department. I am, etc., ALVEY A. ADEE, Acting Secretary. ECUADOR. TREATY OF FRIENDSHIP, NAVIGATION, AND COMMERCE BETWEEN ECUADOR AND ITALY. Mr. Sampson to Mr. Hay. No. 374.] AMERICAN LEGATION, Ecuador, January 4, 1904. SIR: A treaty between Ecuador and Italy has recently been published, and I send you a copy of the same and a hasty translation, substantially correct. I have, etc., ARCHIBALD J. SAMPSON. [Inclosure.-Translation.] His Excellency the President of the Republic of Ecuador and His Majesty the King of Italy being animated by the wish of conserving and strengthening the friendly relations now existing, and desiring to encourage the commercial traffic between the two countries, have resolved to conclude a treaty of friendship, navigation, and commerce and have appointed to this effect their plenipotentiaries as follows: His Excellency the President of Ecuador, Señor Dr. Don José Paralta, minister of foreign relations of the Republic; and his Majesty the King of Italy. Señor José Pirrone, knight of the Royal Orders of San Maurizio and San Lazaro and of the Crown of Italy, his envoy extraordinary and minister plenipotentiary to the Republic of Ecuador. These ministers, after having communicated their respective full powers and finding them in good and proper form, have agreed on the following articles: First. The high contracting parties guarantee, reciprocally, a treaty of the most-favored nation in all that concerns the interests of citizens, as much in the matter of commerce and navigation as in the importation, exportation, and the transit of merchandise, and in all that refers to the customs duties, to commer cial operations, to the enjoyment of trade and industry, and payment of reciprocal duties. Second. There is excepted from the stipulations of article 1, coasting trade, the regulation of which remains subject to the respective laws of the two countries. Third. The present convention will be ratified in Rome or Quito as soon as possible; it will take effect fifteen days after the exchange of its ratification, and will remain in force one year, counting from the day in which either one of the high contracting parties may give notice of its termination. In testimony whereof the respective plenipotentiaries have signed and sealed the present treaty. [SEAL.] [SEAL.] J. PERALTA. G. PIRRONE. MESSAGE OF PRESIDENT LEONIDAS PLAZA G. TO THE NATIONAL CONGRESS OF ECUADOR. (Sent to the Department by Mr. James C. Hallock, director-general of public works of Ecuador, September 8, 1904.) [Translation.-Extracts.] AUGUST 10, 1904. Fellow-citizens of the Senate and of the Chamber of Deputies: You have convened to exercise the most important of political functions, viz, the legislative; and on this occasion I extend to you a cordial greeting and express the ardent desire that, being inspired by patriotism, your labors may prove fruitful in benefits to the Republic. * * * * There remains the international question to complete the array of political factors which play a part in the government. It has just been seen that we still do not quite know what course to pursue with regard to some of the problems which confront the internal policy of the country, and it will be still less possible for us to exercise sufficient influence in order to direct the external policy in a manner favorable to our interests, and especially to the already threatened South American interests. Our international bearing is one of mere passivity; to guard what is ours, observe strict neutrality, and act with honor and good faith in all our dealings with other countries and with fidelity in our diplomatic relations; that is all. However, times are changing and it is seen that the more prosperous nations are pursuing a policy of aggression in the name of commerce; commercialism to-day governs the world and commercial interests open a way for themselves by means of gold or violence, whether the latter be open or disguised. This tendency comes to us in a wave from the North, and we South American countries can not offer a sufficient resistance to counteract it because racial selfishness and petty disputes entirely prevent a union for safety. This commercialistic policy is already affecting South America, and we citizens of Ecuador may even soon be the ones to suffer its violence. Our islands of the archipelago of Colon, formerly Galapagos, already feel the impulse of the tide and this is a vital question for us. Traditions and customs, our haughty character and chivalrous spirit, preclude from us all idea of commercialism or gain, and we would rather consent to lose all than to have ourselves characterized as venal. Inasmuch therefore as this is the national sentiment, we ought at least to consider the means of making room in our islands for universal commercial interests without diminution of our sovereignty over them. Meditate deliberately on this subject and evolve whatever plan you deem expedient; and, at all events, do not forget to enact a special law of colonization for the archipelago which shall apply both to citizens of Ecuador and to foreigners, and provide for the maintenance of daily and constant traffic between our coasts and said islands. Since it is obvious that we can not accomplish this with vessels of our own, because our resources do not enable us to acquire them, I am of opinion that you should appropriate a sum to subsidize some steamship company which shall obligate itself to keep up the traffic in question. |