Page:United States Statutes at Large Volume 19.djvu/682

 656 PRCIO0L—-SPAIN. Protocol of Conference and Declarations by United States Minister to Spain and Spanish Minister of State concerning judicial procedure. Signed January 12, 1877. _ _ J""·12·1877;___ Protocol of a Conference held at Madrid, on the 12th of January, 1S·77, between the Ilonorable Caleb Cushing., Minister Plenipotentiary of the United States of America, and His Excellency Senor Don Fernando Calderon y Oollantcs, Minister of State of His Majesty the King of Spain. Pmumbls. The respective parties, mutually desiring to terminate amicably all controversy as to the eifect of existing txeaties in certain mamers of judicial procedure, aud for the reasons set forth and representations exchanged in various notes and previous coniéreuces, proceeded_ to make declaration 011 both sides as to the understanding of the two Governments in the premises, and respecting the true application of said treaties. ‘ ‘ Dmmmms on Senor Qalderou y Oollantes declared as follows: _ $1,.,1,m of spam, 1. No citizen of the United States residing in Spam, her adjacent islands, or her ultramarine possessions, charged with acts of sedition, Citizens of Uui— treason or conspiracy against the institutions, the public security, the ¥'***`S'**'°F** *°*“°“"€ integrity of the territory or against the Supreme Government, or any mmf tribunal, but exclusively by the ordinary jurisdiction, except in the ease V of being captured with arms in hand. ’ _ 1’<=¤·s<>¤s;w¤1n=w- 2. Those who, not coming within this last cse, may be arrested or mi? *“"”“ '“ h‘“’d· imprisoned, shall be deemed to have been so arrested or imprisoned by order of the civil authority ibn the effects of the Law of April 17, 1821, even though the arrest or imprisonment shall have been effected by armed force. · Pensons with 3. Those who may be taken with arms in hand, and who are there- =*¤¤¤ 1** h¤¤d· fore comprehended in the exception of the first article, shall be tried by ordinary council of war, in conformity with the second article of the hcreinbefor<-:-mentioned law; but even in this case the accused shall enjoy for their defense the guarantees embodied in the aibresaid Law of April 17, 1821. Rights secured 4. In consequence whereof, as well in the cases mentioned in the to accused by third paragraph as in those of the second, the partieszxccused are. 5}*336;;; P“"i"’“° allowed to name attorneys and advocates, who shall have access to ' them at suitable times; they shall be furnished in due season with copy of the accusation and a. list of witnesses 1br the prosecution, which latter shall be examined beibre the presumed criminal, his attorney and advocate, in conformity with the provisions of articles twenty to thirty- one of the said law; they shall have right to compel the witnesses of whom they desire to avail themselves to appear and give testimony or to doit by means of depositions; they shall present such evidence as they may judge proper; and they shall be permitted to be present and to make their defense, in public trial, orally or in writing, by themselves or by means of their counsel. Review of sell- 5. The sentence pronounced shall be referred to the audiencia of the ¤€**<>**- _ judicial district, or to the Captain General, according as the trial may have taken place before the ordinary judge or belore the council of war, in conformity also with what is prescribed in the above-mentioned law. Mr. Cushing declared as follows: Declaration on 1. The Constitution of the United States provides that the trial of gw vi Uw Umwd ull crimes except in cases of impeachment shall be by jury, and such ““‘“’“· trial shall be held in the State where said crimes shall have been committed, or when not committed within any State the trial will proceed iu
 * 'i‘0:g’"T|’(‘f:Q,lf’0“‘Qf(other crime whatsoever, shall be subject to trial by any exceptional