No. 69.] Mr. Hay to the Duke de Arcos. DEPARTMENT OF STATE, Washington, January 24, 1900. SIR: I have the honor to advise you that the Secretary of War has received a telegram, dated the 17th instant, from General Otis, stating that the Alicante with 88 Spanish officers and 1,039 enlisted men, released prisoners, sailed for Spain on the 13th instant; that 1,500 are still at Manila awaiting shipment, and that probably 700 will be released in the south. Accept, etc. No. 73.] Mr. Hay to the Duke de Arcos. DEPARTMENT OF STATE, JOHN HAY. Washington, January 27, 1900. SIR: I have the honor to state for your information that the Secretary of War has communicated to me the contents of a cablegram from General Otis, dated the 26th instant, announcing that transportation to Spain was furnished on the 25th instant to the following released Spanish prisoners: 74 officers, 1,000 enlisted men, 22 civilian officials, 21 wives, and 35 children. Accept, etc. No. 80.] JOHN HAY. Mr. Hay to the Duke de Arcos. SIR: I have the honor to advise you that this Department has received through the Navy Department a copy of a telegram from Rear-Admiral Watson, dated the 1st instant, announcing that he had brought to Manila from the Gulf of Rajay, 508 rescued Spanish prisoners. Accept, etc. Mr. Hay to the Duke de Arcos. [Personal.] JOHN HAY. DEPARTMENT OF STATE, MY DEAR MR. MINISTER: I have received through the Acting Secretary of War a telegram from Major-General Otis stating that an officer, 60 enlisted men, and 2 civil officials, captured Spanish prisoners, had been received on the 8th instant from Tayabas. I am, etc., JOHN HAY. Mr. Hay to the Duke de Arcos. No. 82.] DEPARTMENT OF STATE, SIR: Referring to previous correspondence on the subject, I have the honor to communicate for your information that I am advised by the Acting Secretary of War that he is in receipt of a cabled message from Major-General Otis, at Manila, stating that 84 officers and 427 enlisted men, Spanish prisoners of war held by insurgents, also 8 wives and 14 children of officers, were shipped on the 15th to Barcelona. Be pleased, etc., Mr. Hill to the Duke de Arcos. [Personal.] JOHN HAY. DEPARTMENT OF STATE, Washington, April 17, 1900. MY DEAR MR. MINISTER: I quote for your information the following cablegram received from the military governor of the Philippine Islands, and dated the 10th instant: Shipped for Spain to-day 13 officers, 258 men, Spanish army, released from insurgents, 17 wives and children. Very truly, yours, DAVID J. HILL, RELEASE OF CUBAN POLITICAL PRISONERS IN SPAIN. ** [Extract from No. 17.] Mr. Storer to Mr. Hay. LEGATION OF THE UNITED STATES, Madrid, June 27, 1899. * Several letters have been received by me since my arrival, both from persons in the United States and from the prisoners in question, regarding sundry Cubans said to be kept in military confinement in various places in Spain for political offenses, claiming right of release under article 6 of the treaty. I have so far not deemed it advisable to open any correspondence about them with the Spanish Government, as such a course would immediately open the door to counter inquiries regarding the prisoners in the Philippines, inquiries which for the present, until I be instructed as to the President's will and informed by the Department as to the facts I am authorized to consider, I am not prepared to SIR: I inclose herewith copy of a communication from Mr. Gonzalo de Quesada, special commissioner of Cuba to the United States, transmitting a list of Cuban political prisoners held by Spain. You are instructed to bring the matter to the attention of the Spanish Government, and to ask for a compliance with the provisions of article 6 of the treaty of peace in this and all similar cases. I am, etc., JOHN HAY. [Inclosure.] Mr. Quesada to Mr. Hay. SPECIAL COMMISSIONER FOR CUBA, SIR: I beg to submit herewith two documents, the first showing 22 Cubans transported to Spanish penal colonies during the late Cuban insurrection, and the second being a petition in favor of the individuals therein mentioned. The crimes with which all are charged are clearly political, having been committed during the insurrection and for the purpose of furthering its object. The cases of these men are clearly embraced within article 6 of the treaty of peace with Spain. I therefore respectfully request that the State Department ask the Government of Spain to release these men, as well as all others similarly situated, although not embraced in these lists, and transport them to their homes in Cuba. I beg that such speedy action be taken in behalf of these men as their unfortunate condition would suggest. 1. Carlos Garcia Sierra. Sentenced to life imprisonment and to ten years' hard labor. Crime: Having dynamite. 2. José Gil Hernandez. Same as the previous case. 3. Luis Alfara Pita. Sentenced to twenty years' imprisonment. Crime: Being a guide to the Cuban forces. 4. Angel Asenz Monroe. Sentenced as a rebel to six years' imprisonment. Crime: Suspected of going to join the insurgents. 5. Felipe Hernendez. Sentenced to twenty years' imprisonment for rebellion. 6. Nicasio Lopez. Sentenced to life imprisonment. Crime: Being a spy. 7. Vicente Colon. War prisoner. Crime: Accused of killing a person in the war. 8. Camilo Salcerio. War prisoner. Sentenced to life imprisonment. Crime: Rebellion and being a spy. 9. Felpe Figueroa. War prisoner. Sentenced to life imprisonment and eight years hard labor for having threatened a Spaniard with death. 10. Cecilio Matias Carmenate. Sentenced to perpetual chain for answering he did not know the whereabouts of Maximo Gomez when asked by a chief of a column. 11. Francisco Alcolea. Sentenced to perpetual imprisonment with chain because documents were found on him, showing he was a prefect in the rebel field. 12. Antonio Rodriguez Ruiz. Sentenced to twelve years' imprisonment for buying ammunition for the insurgents. 13. Juan Gonzalez Hernandez. Made a prisoner with arms in hand. Sentenced to life imprisonment. Cartagena penitentiary. 14. Enrique Dolé Morales. Sentenced to twenty years' imprisonment. Crime Taking ammunition from the military pyrotechnic depot in order to aid the insurrection. 15. José de la Rosa Aquino. Same as the preceding one. 16. José Nicolás Guerrero. Same as the preceding one. 17. José Fonticola. Same as the preceding one. Burgos penitentiary. 18. Antonio Capablanca. Sentenced to eight years' hard labor for the cause assigned for those with numbers 14, 15, 16, and 17. 19. Norberto Rojas. Sentenced for having son in the insurrection and for being considered an auxiliary of the same. 20. Julian Alvarez Salazar. Sentenced to twenty years for the same cause designated for those with number 14, 15, and others. Malaga penitentiary. 21. Rafael Acosta y Acosta. Awaiting trial for acts committed during his imprisonment in Ceuta. 22. Juan Benito Castello. For furnishing cartridges to the insurgents. [Subinclosure 2.-Translation.] To the Honorable SECRETARY OF JUSTICE: The undersigned have the honor to state: That in consequence of the war the workmen of the pyrotechnic depot, Don Enrique, Don José la Rosa, Don José Nicolas Guerrero, Don Julian Alvarez, Don Antonio Capablanca, and Don José Fanticoba, were arrested on account of having furnished the army of liberation with war munitions, for which they were tried and imprisoned at Ceuta and then transferred to Cartegena, where they now remain serving a sentence which we do not believe was just on the part of Spain to inflict. Therefore, it is not just to forsake them. We have been awaiting the ratifications of the treaty of peace so that these brothers might be liberated and returned to their homes. Such has not been the case and we deplore the fact that they continue in their prison, enduring the wrath of their tormentors, on account of being the only Cubans now remaining in Spanish prisons. Therefore, Mr. Secretary, the undersigned, aware of the most elevated sentiments of justice inspiring you, do not doubt that through your initiative and influence said prisoners shall be liberated by the Government of Spain. Our hope lies in you, Mr. Secretary, because he who has caused the Jimenez Castellanos proclamation to become effective can also do the same with Don Ramon Blanco's regarding our brothers who have not committed any greater crimes than others who are now free for common offenses. In appealing to you, we are sure you will acknowledge that our wish is the legitimate expression which moves us in behalf of those wives, parents, children, and brothers shedding torrents of tears in their orphanhood and misery. They place their trust in you. Habana, May 23, 1899. SANTIAGO BOSMENIEL ET AL. * [Extract from No. 30.] Mr. Hay to Mr. Storer. DEPARTMENT OF STATE, SIR: * You mention in your dispatch (No. 17, June 27, 1899) the reception of numerous letters relating to the Cubans said to be kept in military confinement in various places in Spain for political offenses. Upon this point you will note that article 6 of the treaty of peace makes the following provisions: First, that "Spain will, upon signature of the present treaty, release all prisoners of war, all persons detained or imprisoned for political offenses in connection with the insurrection in Cuba and the Philippines and the war with the United States," and, second, "the Government of Spain will, at its own cost, return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them respectively under this article." By reference to article 6 of the treaty of peace you will observe that while the release of prisoners in the actual possession of either country is a reciprocal arrangement, and the return of such prisoners to their respective countries of origin at the cost of the Government having them in possession is mutually agreed to; that the release of Spanish prisoners in the hands of the insurgents has not been assumed as an absolute obligation, because of its conditional character, and the United States simply undertakes to obtain such release. There is, therefore, no impropriety in insisting upon the release and return of political prisoners in Spain belonging to Cuba and Porto Rico, even though the Government of the United States be not yet able to accomplish its endeavors with regard to the Spanish prisoners in the Philippines. In the case of political prisoners from the Philippines still held in Spain, it will be well to await the suppression of the insurrection before arranging for their release. No. 33.] Mr. Storer to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge receipt of your instruction No. 24, bearing date July 7, inclosing communications from Mr. Gonzalo de Quesada, special commissioner of Cuba, and instructing me to bring the matter of Cubans imprisoned for political offenses to the attention of the Spanish Government. With the modifications I shall explain this shall be done at once. I beg to call your attention to the apparent discrepancy in the communications of Mr. Quesada, an explanation of which, if made early, may avoid misunderstandings. The inclosure from him consists of two documents: First, his letter giving a list of twenty-two individuals, described by him as "Cubans, transported to Spanish penal colonies;" and, second, a petition asking for intervention to obtain the liberation of seven, by name, of the above twenty-two, giving as a reason therefor, on account of " (these seven) "being the only Cubans remaining in Spanish prisons." This legation, both before and since my arrival, has received written applications, in some cases purporting to be written by the persons themselves, and in other cases in their behalf, from fifteen individuals said to be Cubans imprisoned for political offenses. Of these, four say they are in Cartagena; seven claim to be at Ceuta; four at Burgos, as shown by the list of names I beg to inclose. It will be seen on comparison that not all of these fifteen are included in the list of twenty-two furnished by Mr. Quesada, and the discrepancies are numerous. Among these letters is one from the prison at Burgos, from Mr. Rafael Joya, whose name does not appear in Mr. Quesada's list. Mr. Joya states that "most of the Cubans held under similar charges have been set at liberty; there remain only four at Cartagena, ten at Ceuta, and four at Burgos." I have hitherto refrained from reply to any of these letters, as I have no means of knowing whether they were mailed with the knowledge or permission of the Spanish authorities. (The position of this legation regarding any correspondence, except through the official channel with Cuban political prisoners, in view of the widespread interest and popular excitement over the non |