Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State
Mr. Olney to Mr. Taylor.
Washington, June 5, 1896.
Sir: I inclose copies of Nos. 240, of April 10; 257, of May 16; and 261, of May 23 last, from our consul at Santiago de Cuba, from which it appears that Bert S. Skiller, a native American citizen, in company with two Germans and one Englishman, was captured on or about April 9 last by the Spanish torpedo boat Galicia, in a small skiff, 3 miles more or less off the coast of Cuba near Caleta, and has since been detained subject to military marine jurisdiction.
As no arms were found upon the prisoner nor upon his companions, and as there were no arms nor ammunition in his boat, the consul at once applied to the competent military authorities for transfer of the prisoner’s case to the civil jurisdiction, in virtue of the provisions of the protocol of January 12, 1877.
As you will perceive from Mr. Hyatt’s No. 261, the prisoner was on May 23 still held subject to military jurisdiction.
You will therefore bring the case at once to the attention of the Spanish Government and urge its immediate transfer to the civil courts.
I am, etc.,
Mr. Hyatt to Mr. Rockhill.
Santiago de Cuba, April 10, 1896.
Sir: I have the honor to inform you that on yesterday I received a letter from the comandante de marina, this province (copy and translation inclosed), informing me that one Bert S. Skiller, an American citizen, in company with two Germans and one Englishman, had been taken by the Spanish torpedo boat Galicia, in a small skiff, 3 miles from Caleta, and confined in the carcel of this city, under naval jurisdiction, to ascertain the reasons for coming to these coasts.
I at once repaired to the jail to see Skiller. He proved to be a common sailor of some intelligence. He possessed no documentary evidence of American citizenship, but said he was born in Fayette County, Iowa, September 4, 1869, and that his parents—his father being John Skiller by name—now lived in Bickleton, Klickitat County, Wash. According to his story, the prisoner had last been in the United States at New Orleans about two years ago, when he shipped before the mast on the British steamship Inventor, bound to Liverpool.
When asked how he got here, Skiller said he was down at Santos, Brazil, and came to Cape Haitian, Haiti, in an Italian vessel, the Legura, where he was paid off. With his companions he went to Port au Prince, then to Port au Paix. Their boat was stolen in order to “get away from the niggers.” Skiller said the intention was to make one of the Bahamas, but the currents drove them to the Cuban coast, the place of capture being 3 or 4 miles from the coast, as best he could tell, not far from Cape Maysi.
Skiller and his companions informed me that all they had in said boat were some clothing, bread, and a cask of water; neither arms nor ammunition.
I am of the opinion that Skiller is a native-born American of a more or less vagabond character.
I wrote the commandant to-day (copy inclosed), informing him that on the statement of facts presented, Skiller, not having been taken with arms in hand, by royal order of May 19, 1877, should be transferred to the civil jurisdiction for trial. I send a copy of said letter to His Excellency Carlos Dennis, regional and provincial governor, for his information. (Copy inclosed.)
As the arrest was alleged by the Government to be 3 miles from the coast, and the embarkation irregular, I have not made any contention as regards the marine belt.
Since writing the above I have received a letter (copy and translation inclosed) by which it appears that the commandante of this place has cabled my claim for civil jurisdiction and trial to his superior officer at Habana, el comandante general del apostadero.
I have, etc.,
United States Consul.
The Commandant to Mr. Hyatt.
Cuba, April 9, 1896.
To the Consul of the United States:
This day has been conducted to this port by the torpedo boat Galicia the citizen of your nation named Bert Skiller, who, in union with two Germans and an Englishman, was detained by said torpedo boat in a small craft, without a clearance, 3 miles from La Caleta. The said individual has been put in jail, subject to trial by this court, to obtain knowledge of the cause that gave motive to the arrival on these shores; which I hasten to notify your honor for your knowledge.
God guard you many years,
Mr. Hyatt to the Commandant.
Santiago de Cuba, April 10, 1896.
Sir: I have the honor to acknowledge receipt of your attentive communication of yesterday, advising me that an American citizen, Bert S. Skiller by name, had, in company with others, been taken by the Spanish torpedo boat Galicia, in a small boat, 3 miles from Caleta, and is now confined in the city carcel, subject to your honor’s court, in order to ascertain the purposes of coming to these coasts.
With such being the statement of facts, and said citizen not having been taken with arms in hand, as I understand, I beg to solicit your honor’s attention to the fact that, in accordance with royal order of May 19, 1877, he should be transferred to the civil jurisdiction for trial, with as little delay as possible, in compliance with the provisions of the protocol between Spain and the United States of America, dated January 12, 1877.
I have, etc.,
United States Consul.
Mr. Hyatt to the Governor of Santiago de Cuba.
Santiago de Cuba, April 10, 1896.
His Excellency Carlos
Dennis,
Governor of the Oriental
Region and of the Province of Santiago de Cuba.
Sir: I have the honor to inclose herewith for your excellency’s information a manifold copy of a letter to-day sent by me to the honorable commandante de marine in regard to the arrest and trial jurisdiction of Bert S. Skiller, confined in the carcel of this city.
I have, etc.,
United States Consul.
The Commandant to Mr. Hyatt.
Santiago de Cuba, April 10, 1896.
To the Consul of the United States:
This moment, 10 minutes to 2 o’clock p.m., I have received your attentive official letter, that with this date you have directed to me, requesting that the citizen of your nation, Bert S. Skiller, detained in a boat with other foreigners, by the torpedo boat Galicia, be tried by the ordinary tribunal in conformity with article 1 of the protocol of January 12, 1877, passed to marine jurisdiction by royal order of May 19 of said year.
[Page 637]I must say to your honor, as an answer, that as soon as I received your letter I took opportunity by the most rapid way, that is to say by cable, to put the knowledge in possession of his excellency the commanding general del apostadero, who has authoritative jurisdiction. As soon as I receive the resolution of said superior authority I will give your honor notice of the same.
God keep you many years.
Mr. Hyatt to Mr. Rockhill.
Santiago de Cuba, May 16, 1896.
Sir: I have the honor to herewith inclose for your information further correspondence relative to the arrest and imprisonment of Bert S. Skiller, referred to in my dispatch No. 240, of April 10, who still remains in the prison of this city under marine jurisdiction.
It will be seen by the correspondence inclosed that a speedy transfer to civil jurisdiction is promised.
It is a matter of grave concern that under the present administration of affairs on this island the protocol of May 12, 1877, between Spain and the United States is ineffectual in securing speedy justice to American citizens.
Very respectfully,
United States Consul.
Mr. Hyatt to the Commandant.
Santiago de Cuba, May 5, 1896.
To the Honorable Comandante de Marina and Capitan del Puerto:
Sir: The undersigned, not having been notified by your honor that Bert S. Skiller, an American citizen confined in the carcel of this city under marine jurisdiction, has been transferred to civil jurisdiction, in accordance with the protocol between the United States and Spain of January 12, 1877, and the royal order of May 19 of the same year; and, inasmuch as since the arrest and imprisonment nearly a month has elapsed without such transfer, the undersigned having awaited, expecting action on account of your honor’s note of the 10th ultimo, in which information was conveyed that your honor had, with urgency, forwarded particulars to the commandante general del apostadero at Habana, it therefore becomes my duty to now urgently renew my petition, and to make a formal request of your honor that said Skiller be released or transferred with as little additional delay as possible to civil jurisdiction, in compliance with the international agreement and law prescribed, the undersigned entertaining at the same time sentiments that your honor, who so worthily represents the marine jurisdiction here of the Spanish Government, will not deny a right so solemnly guaranteed to citizens of my country.
I avail myself of this occasion to renew, etc.,
The Commandant to Mr. Hyatt.
Santiago de Cuba, May 14, 1896.
To the Consul of the United States:
His excellency the comandante general de marina del apostadero de la Habana (general commandant of marine department at Habana) in a cablegram of yesterday says to me the following: “You can communicate to the American consul that the [Page 638] cause against Skiller will pass to ordinary jurisdiction as soon as it arrives by first mail.” Which I have the honor to notify you for your knowledge and satisfaction.
God keep you many years.
Mr. Hyatt to Mr. Rockhill.
Santiago de Cuba, May 23, 1896.
Sir: After receipt of the note from the commandante of marine here, copy of which I had the honor of inclosing in my No. 257 of the 16th instant, I had reason to believe that the case of Bert S. Skiller, sailor and citizen of the United States, arrested and imprisoned in the carcel of this city, held under marine jurisdiction in violation of the protocol between the United States and Spain of January 12, 1877, and of the royal order of May 19 of the same year, would very soon pass properly to civil jurisdiction.
It seems that instructions from the superior authority at Habana was for the civil judge here to take Skiller’s testimony, which testimony should be sent to Habana to be passed upon by the marine authority, when the case would be again advanced, as far as jurisdiction goes, and to which method of procedure, as Skiller’s consul, I objected. The commandante of marine of this jurisdiction in reply indicates he is acting under superior authority, and indicates that the case has to pass to civil jurisdiction.
When it is taken into consideration that Skiller was not arrested with arms in hand, this method of procedure seems trifling with justice and American citizenship, not lessened by the fact that the prisoner has already been confined under marine jurisdiction about six weeks.
For your information, I have the honor to inclose correspondence passed between the commander of marine and this office since my last dispatch on the subject.
I have, etc.,
The Commandant to Mr. Hyatt.
Santiago de Cuba, May 18, 1896.
The general commandant of marine department in agreement with his auditor has been pleased under date of the 13th instant to inhibit in favor of ordinary jurisdiction the cognizance of the process followed against the citizen of the nation you so honorably represent, named Mr. Bert Skiller, for which the effect of the judge of instruction will proceed to take testimony of the respective matters in the cause with the object of elevating it to the named superior authority of marine, as he has ordered, and so he will give it the subsequent course, which I have the pleasure of communicating to your honor for your due knowledge.
God keep you many years.
Mr. Hyatt to the Commandant.
Santiago de Cuba, May 19, 1896.
Hon. Comandante de Marina y
Capitan de Puerto,
Santiago de
Cuba.
Sir: I have the honor to acknowledge receipt of your honor’s note of yesterday’s date relative to Bert S. Skiller, citizen of the United States, arrested and imprisoned in the carcel of this city.
[Page 639]I beg leave to say that said Skiller was not taken with arms in hand. Therefore, in compliance with the protocol between Spain and the United States of January 12, 1877, and the royal order of May 19 of same year, both already cited, marine jurisdiction by law is prohibited, and I believe your honor will agree with me that even without the intercession of the consul, the specific and plain obligation was imposed upon the department so worthily conducted by your honor in this jurisdiction to immediately transfer the said case to the ordinary or civil jurisdiction for trial.
In your honor’s polite note of the 14th instant I am informed that his excellency the commandante general de marina del apostadero at Habana cabled your honor that your honor could inform me that the cause against Skiller would pass to the ordinary jurisdiction upon the arrival of the first mail. I therefore expected that when said mail did arrive your honor would at once confirm the notice transmitted through the cable, and that the cause of Skiller, after somewhat of a protracted delay, would at once be absolutely and unreservedly transmitted to the civil courts of instance and instruction of this city.
I understand from your honor’s note of the 18th instant that the judge of instruction, i. e., civil judge, is to take the testimony in Skiller’s case, which testimony, however, is to be forwarded to his excellency the commandante general de marina del apostadero at Habana, who promises to give it the proper course. The cause of Skiller being of right transmitted to the courts of instance and instruction here, the same, if necessary, passes to the audiencia, also located in this city, whence an appeal lies to Madrid direct, and not to Habana. I therefore entertain the confident hope that your honor will soon inform this consulate that the said case has been passed to ordinary or civil jurisdiction, absolutely and without reservation.
God guard your honor many years.
United States Consul.
The Commandant to Mr. Hyatt.
Santiago de Cuba, May 21, 1896.
To the Consul of the United States of North America:
Yesterday I received your attentive official letter dated the day previous acknowledging receipt of the communication dated the 18th instant which I sent you, notifying your honor of the resolution of his excellency the general commandant of marine department of Habana in reference to the citizen of your nation named Bert S. Skiller.
I lament very much the detention that the said individual suffers, but it is not in my power to better his situation, as that, as well as he who subscribes, depends upon the mentioned superior authority, who governs the marine jurisdiction of the Island, and to whom as I have had the honor to say to you has been sent under date of yesterday the testimony asked for, which has to pass the ordinary jurisdiction; I have transmitted to-day copy of your letter to said superior authority.
God keep you many years.