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the general public, the notary for the occasion being Mr. Manuel del Portillo, secretary of the town council, proceeded to lower the American flag from the place it occupied on the building used by the consistory.

Mr. Lecuona, mayor of the city, caused the flag to descend, and during the lowering two little girls showered flowers on it, the flag being finally received on a silver platter, entirely covered with flowers, while the immense multitude broke into cheers for the United States and the band of the benemerito body of firemen played the American national hymn.

The flag referred to was carried with all signs of respect to the council chamber of the town council and placed on the table of the presiding officer, where it was delivered by the mayor of the city to Mr. Juan Carbo, collector of customs for Matanzas and captain of that port, accompanying the delivery with feeling expressions of gratitude and affection for the American people and warm congratulations to the honorable President Roosevelt, especially charging that the aforesaid expressions come to the knowledge of those to whom they correspond.

Upon receiving the flag Mr. Carbo delivered it into the custody of the civil governor of the province with the same formalities as those with which he had received it, and the flag was deposited in that headquarters.

And in order that it may be known at all times, three resolutions are passed, all of the same tenor, one for transmission to the American governor, the second for the archives of the town council, and the other to be delivered to Mr. Juan Carbo, collector of customs for Matanzas and captain of the port, in testimony of the act accomplished by him, to be authorized and subscribed to by the mayor of the municipality, Dr. Domingo Lecuona y Madan; Mr. Juan Carbo, collector of customs and captain of the port of Matanzas, and the secretary in charge of the office of the civil governor, Mr. Bonifacio Byrne. Before me, the secretary of the town council. To which I certify.

D. LECUONA.
BONIFACIO BYRNE.
JUAN CARBO.

MANUEL DEL PORTILLO.

AMNESTY GRANTED AMERICAN CITIZENS WHO COMMITTED CRIMES IN CUBA DURING INTERVENTION PERIOD.

Mr. Squiers to Mr. Hay.

[Telegram.]

LEGATION OF THE UNITED STATES,
Habana, June 10, 1902.

Amnesty has been granted by Cuban Government crimes committed American citizens during intervention period.

Mr. Squiers to Mr. Hay.

SQUIERS.

No. 17.]

LEGATION OF THE UNITED STATES,

Habana, June 11, 1902.

SIR: I have the honor to confirm my telegram of yesterday, announcing the passage by Congress of an act granting amnesty to Americans for offenses committed during the period of intervention, and also inclose copy of the act, together with translation.

I have, etc.,

H. G. SQUIERS.

[Inclosure.]

Translation of act granting amnesty to Americans.

THOMAS ESTRADA PALMA, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC OF CUBA. By the present I make known that the Congress has decreed and I have sanctioned the following:

ARTICLE I.

Amnesty is granted for the crimes committed during the period of the intervention by citizens of the United States of America.

ARTICLE II.

The district courts will annul all pending proceedings against said citizens, to which end the supreme court will return, and the magistrates will pass on to the respective district courts the motions of which they have cognizance and in which process is had as against such citizens.

ADDITIONAL Clause.

The amnesty shall include all penalties imposed on those other than citizens of the United States of America now serving sentences with such citizens by virtue of the same judgment, and in the actions which have been brought against American citizens the penal proceedings as against the coadjutors, accomplices, and abettors held on the same charge are declared extinguished, notwithstanding their nationality. Wherefore I order that the present law be complied with in all its respects. Given in the Presidential palace in Habana on the 9th day of June, 1902. T. ESTRADA PALMA.

EXCLUSION OF CHINESE FROM CUBA. a

Mr. Hay to Mr. Squiers.

[Telegram-Paraphrase.]

DEPARTMENT OF STATE,
Washington, June 13, 1902.

(Mr. Hay states that the Department has been advised that a Ward Line steamer is detained at Habana with Chinese, and instructs Mr. Squiers to suggest to Cuban Government that it would be reasonable not to consider exclusion provision enforceable against vessels arriving upon voyages begun before promulgation of the law excluding Chinese from Cuba.)

Mr. Squiers to Mr. Hay.

[Telegram-Paraphrase.]

LEGATION OF THE UNITED STATES,
Habana, June 16, 1902.

(Mr. Squiers reports that the Cuban authorities decline to allow Chinese to land, claiming that the Chinese minister at Washington was notified on May 15 of the prohibition.)

*

a See also under China, page 263.

*

*

No. 25.]

Mr. Squiers to Mr. Hay.

LEGATION OF THE UNITED STATES,

Habana, June 16, 1902.

*

SIR: I have the honor to confirm my telegram of to-day. It was sent after a conference with the President regarding the enforcement of the Chinese exclusion regulations as against certain Chinese now detained here.

As to the admission of the Chinese, his objections were:

* *

*

First. out of the country all the results of their labor.

While they are good workers, they carry or send

Second. Because at this time, while thousands of Cubans are being thrown out of employment, it hardly seems reasonable to admit an alien laborer to drive out still more of the Cubans.

I have, etc.,

H. G. SQUIERS.

Mr. Squiers to Mr. Hay.

No. 28.]

LEGATION OF THE UNITED STATES OF AMERICA, Habana, Cuba, June 18, 1902. SIR: I have the honor to confirm the Department's telegram of the 13th instant, and my reply on the 16th instant (see also dispatch No. 25, dated June 16, 1902), regarding the application of the Chinese exclusion regulations to Chinese immigrants who had undertaken the voyage prior to the promulgation of the law.

Mr. Palma himself took an active interest in the matter, as indicated in my dispatch No. 25 of the 16th instant, but, I regret to say, finally decided he could not accept the suggestion of the Department.

I have the honor, etc.,

[Inclosure 1.]

Mr. Squiers to Mr. Zaldo.

H. G. SQUIERS.

No. 8.]

LEGATION OF THE UNITED STATES,
Habana, June 14, 1902.

YOUR EXCELLENCY: Acting under telegraphic instructions from my Government regarding detention on account of violation of the Chinese immigration law of a certain Ward Line steamer having on board Chinese immigrants, I have the honor to suggest to your excellency that it would be reasonable not to consider exclusion provision in force against vessels arriving upon voyages begun before promulgation of the law.

As the detention of these immigrants is entailing some considerable expense, I would be pleased to have an early reply.

I avail, etc.,

H. G. SQUIERS.

[Inclosure 2.-Translation.] Mr. de Zaldo to Mr. Squiers.

No. 19.]

FOREIGN OFFICE, Habana, June 16, 1902.

Mr. MINISTER: The President, to whom I have communicated your attentive note, No. 8, of the 14th instant, instructs me to say to your excellency that it would be

FR 1902, PT 1- -23

exceedingly pleasant to him to accede to your request with regard to the Chinese immigrants who may have undertaken the voyage before the promulgation of the immigration law of the 15th of May of this year, but the text of the law being so definite it is not possible for him to give any such instructions as your excellency indicates, as in doing so it would be tantamount to an infraction of the said law.

I avail, etc.,

Mr. Adee to Mr. Squiers.

CARLOS DE ZALDO.

No. 88.]

DEPARTMENT OF STATE, Washington, September 13, 1902.

SIR: I inclose copy of a note from the Chinese minister at this capital, protesting against the order issued by the military governor of Cuba on May 15, 1902, in regard to Chinese immigration into that island; also copy of this Department's reply."

You may communicate this correspondence to the Cuban Government, in order that it may be advised in the event of a protest being made to it directly by the Chinese Government.

I am, etc.,

ALVEY A. ADEE,
Acting Secretary.

SUSPENSION OF TONNAGE DUES ON CUBAN VESSELS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION.

Whereas, satisfactory proof has been given to me by the Government of Cuba that no discriminating duties of tonnage or imposts are imposed or levied in the ports of Cuba, upon vessels wholly belonging to citizens of the United States or upon the produce, manufactures, or merchandise imported in the same from the United States, or from any foreign country:

Now, therefore, 1, Theodore Roosevelt, President of the United States of America, by virtue of the authority vested in me by section four thousand two hundred and twenty-eight of the Revised Statutes of the United States, do hereby declare and proclaim that, from and after the date of this, my Proclamation, so long as vessels of the United States and their cargoes shall be exempt from discriminating duties as aforesaid, any such duties on Cuban vessels entering the ports of the United States, or on the produce, manufactures, or merchandise imported in such vessels, shall be suspended and discontinued, and no longer.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, the 3d day of July in the year of our Lord one thousand nine hundred and two, and of the Independence of the United States the one hundred and twenty-sixth.

[SEAL.]

By the President:

JOHN HAY

Secretary of State.

THEODORE ROOSEVELT

a Printed, pages 263–266.

DIPLOMATIC

IMMUNITIES : TESTIMONY OF UNITED STATES DIPLOMATIC REPRESENTATIVES IN FOREIGN COURTS.

Mr. Squiers to Mr. Hay.

No. 149.]

LEGATION OF THE UNITED STATES,

Habana, August 22, 1902. SIR: Transmitting herewith the correspondence between this legation, the judge of the court of first instance, and the foreign office, regarding a request to the first secretary, Mr. Sleeper, that he appear in said court to give his testimony in a certain case, I have the honor to say that I understand my action is in accordance with diplomatic usage in such cases and with the views of the State Department as set forth in Mr. Adee's telegram to Mr. Iddings, August 1, 1901 (p. 302, Foreign Relations, 1901), and to be, etc.,

H. G. SQUIERS.

[Inclosure 1.-Translation.]

Judge of first instance to secretary of United States legation.

HABANA, August 7, 1902.

In the case instituted in this court on account of theft of a clock, I have ordered that you be addressed, which I have the honor now to do, requesting that you have the kindness to appear in this court between 1 and 3 p. m. to testify.

Very respectfully,

CRIMINAL JUDGE OF THE EASTERN DISTRICT.

[Inclosure 2.]

Mr. Squiers to Mr. Montes, acting secretary of state and justice.

LEGATION OF THE UNITED STATES,

Habana, August 12, 1902.

YOUR EXCELLENCY: The first secretary of this legation is in receipt of a communication from the judge of the first instance, requesting him to appear at court to give testimony in a case of robbery which recently occurred at the legation.

While I have no objection to having the first secretary give testimony on terms consistent with representative dignity, I must nevertheless inform your excellency that unless interrogatory in open court is absolutely indispensable, I much prefer personal deposition at the legation.

Trusting that this course may meet with the approval of the Government of your excellency, I improve the occasion, etc.,

H. G. SQUIERS.

[Inclosure 3.-Translation.] Mr. Montes to Mr. Squiers.

DEPARTMENT OF STATE,
Habana, August 16, 1902.

EXCELLENCY: In reply to your polite note of the 12th of the month, I take pleasure in informing you that there is no objection to having the first secretary give his testimony in the legation, to which end the necessary orders will be given to the judge of the first instance to name a day and hour on which to visit the legation and take the aforesaid testimony, previous notice having been given through this department to the first secretary.

I improve, etc.,

JOSE M. GARCIA MONTES.

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