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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, December 20, 1896, Image 1

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Excitement Over the Nsws
That Uncle Sam May-
But They May Ec Assured That
Cleveland Will Net Recog
n'ze the Cubans.
Siys That the Power of According
Bellieerept Rights Rests Solely
With the Chief Executive.
MADRID, Bpaiw, Dec. 19.— The excite
ment in this city and elsewhere in Spain
caused by the receipt of the news of the
action of tbe Foreign Relations Commit
tee of the American Senate, in deciding
to report in favor of the independence of
Cuba, is intense. A wave of popular in
dignation ha 3 swept over the whole coun
try and bitter feeling against tie United
States has been greatly intensified.
There is no denying the fact that popu
lar feeling is in favor of boldly defying
the United States and notifying tbe
American Government that Cuba will be
retained by Spain if it takes ncr last dol
lar and last man to uphold her
eignty. In the cafes and railway public
I laces the situation is excitedly discussed,
and everywhere the determination is ex
] re-sed to uphold the Government to the
last extremity in maintaining its rights.
Dispatches from other cities show the
prevalence of a feverish feeling among the
populace and it is the consensus of opinion
that it would take very little to provoke
trouble against the Government should it
show any signs ot weakening.
The Government itself, while deprecat
ing the action of the committee, main
tains a dignified attitude, and though
some uneasiness was at first expressed,
this has been allayed by the receipts oj
-dispatches containing Secretary of State
s statement tuat no matter what
action Congress may take on the Cameron
;on, the recognition of the inde
pen etue of Cuba rests entirely with the
It is stated that Spain has notified the
American Government that it Is willing to
go far to meet the view of the United
State? regarding administrative reforms in
the Spanish West Indies. It will, it is
said, concede at an early date autonomy
to Puerto Rico on lines lpid down last
year. When the situation warrants such
action reforms wili be inaugurated there
that will prove satisfactory to all con
These will include administrative au
tonomy, such measures of political and
economical autonomy as will be com
patible with the interests of the crown,
and a change in tbe tariff laws that will
conduce to the extension of the trade of
theidan^ with the United States and to
commercial relations.
Of course, the Government will not fora
moment consider any question involv
ing the abandonment of the island, and it
can be emphatically stated that it would
not dare to do so. The temper of the peo
ple is fairly aroused and any Government,
conservative or liberal, would be signing
it? own death-warrant should it even sug
gest the end.ng of Spanish rule in Cuba.
Efforis have been made to obtain
authoritative statements from some of
the Ministers as to the situation, but they
decline at present to express any views on
the subject. It can be stated, however,
that in political circie3 no idea of war
growing out of the Cuban resolution is
entertained, and it is believed that the
professions of friendship made by Presi
dent Cleveland and Mr. Oiney, through
Hannis Taylor, the American Minister
here, arc thoroughly satisfactory.
An important factor is the Cortes.which
at present is not in session. It is thought
that body might be compelled by popular
clamor, were it in session, to take some
action that would result in the overthrow
of the Government; but as it does not
meet for several months all danger from
that source is eliminated. Even should
the Government resign and be succeeded
by a liberal Cabinet there could be no
change in the Spanish attitude toward
Cuba, for upon the least sign of its giving
way to the dictation of the United States
tfte populace and the army would upset it.
Senor Canovas del Castillo, the Prime
Minister, has always believed that the
( übati matter would not cause war with
tr:e United States, and he also believes
that the ranting of American and Span
i h Jinjto-s will fall on deaf ears when the
commonsense of the people of .both coun
tries has had time to reassert itself. But
he will maintain all the prerogatives of
sovereignty in Cuba and will not yield to
threats no matter whence tne soune.
Every precaution has been taken to
gu-ird against any outbreak of the people,
and it is hoped that the excitement and
md gnation that have been aroused will
subside without it being necessary to call
upon the military to suppress disorders.
The students at the universities are being
Homely watched, and any attempt at a
demonstration on their part will be se
verely "repressed.
All the newspapers here express tbe
most intense indignation because of the
unwarranted interference of the, United
tftnt»s with the rights of Spain. Some of
them declare that no Government would
dare to fcase a settlement of the Cuban
question "on- granting autonomy to the
i>land in view of the strong popular oppo
sition to the granting of any refouns
while the rebellion is in proeres-*.
They, therefore, contend that the Gov
ernment will be compelled to maiutsic •
The San Francisco Call.
The Grand Lodge of Free and Accepted Masons of California Laying the Cornerstone of the Hall of Justice, at the
Corner of Kearny and Washington Streets.
determined attitude in the face of the
provocation from the United States. Nev
theless, they add, the Government is re
soived to repress hostile agitation against
the United States or its representatives in
The Imparcial accuses the Government
of lack of foresight and declares that
Bpain is determined to make every sacri
fice, however great, to maintain her sov
ereignty in the West Indies, but she will
not tolerate acts calculated to bring her
into disrepute.
The Correspondencia de Espana de
scribes the committee's act as untimely
and insulting.
El Liberal advises the Government to
use expedition In recovering at Washing
ion the time lost in Cuba, inasmuch as
Spain's future is at stake.
Prime Minister Canovas del Castillo had
a long conference to-day with the Duke
of Tetuan, Minister of Foreign Affairs,
and Admiral Bergnerer, Minister of
Marine. Tfie subject of their de
liberations had not been divulged
officially, but it is rumored that they
considered the question of shortly intro
ducing political and administrative re
forms in Cuba and Porto Rico. The grant
ing of such reforms at present would
probably result in a reconstruction of the
Secretary Oiney bay* lhe JPretidtint Hill
Veto the Cuban Rmolution.
WASHINGTON, D. C , Dec. 19.—Secre
tary Oiney, being asked his opinion as to
the nature and eff ct of the proposed reso
lution recognizing the indep-ndence of
Cuba, said to the United Associated
Presses reporter:
"I have no objection to stating my own
views of- the resolution respecting the in
dependence of the so-called Republic of
Cuba which is reported will be lain before
the Senate on Monday. Indeed, as there
are likely to be serious misapprehensions
regarding «uch resolution, both in this
country and abroad, and such apprehen
sions may have injurious results of a
grave character, it is perhaps my duty to
point out that the resolution, if passed by
Lhe Senate, can probably be regarded only
as an expression of opposition by the emi
nent gentlemen who vote for it in the
Senate, and if passed by the House of
Representatives can only be regarded as
another expression of opposition by the
eminent gentlemen who vote for it in the
"The power to recognize the So-called
Republic of Cuba as au independent State
rests exclusively with the Executive. A
resolution on the subject by the Senate
or by the House, or by both bodies, or by
one, whether concurrent or. joint, is in
operative and is only advice of great
weight voluntarily tendered regarding
his constitutional functions. Tne opera
tion and effect of the proposed resolution,
therefore, even if parsed by both houses
of Congress by a two-thirds vote, are per
fectly plain.
"It may raise expectations in some
quarters which can never be realized. It
may inflame popular passions both in tnis
country and elsewhere, may thus put in
peril the lives and property of American
citizens traveling abroad, and will cer
tainly obstruct, and perhaps defeat, the
best efforts of this Government to afford
such due protection. .But, except iv these
ways, and unless the advice embodied in
tbe resolution shall lead the Executive to
revise conclusions already reported and
officially declared, the resolution will be
without effect and will leave unaltered
the attitude of this Government toward
the two contending parties in Cu,ba. "
This carefully prepare 1 and emphatic
announcement by Secretary Oiney of the
opposition to the Cuban recognition reso
lution of Senator Cameron is accepted as
the action of President Cleveland. It is
considered as probable that when Captain
Larubertuu and Dr. O'Keilly made their
I special trip to Georgetown, S. C, yester- 1
j day they were instructed to convey to Sec
retary Oiney the President's approval of
i his nroposed announcement.
It is regarded by many Senators as a i
i step in advance in diplomatic history for i
i the President thus to assert that he and
not Congress is the judge of when execu
tive action should be taken in the matter
of recognition of a new government.
Nevertheless the precedents seem to
I sustain Secretary Olney's position. When
j President Monroe, in 1816, recognized the
indeiendence of Southern Spanish
American colonies he did so without Con
gressional action, but previously sent out
three commissioners in a United States
: war vessel "to visit the several colonies,
inquire into the condition of things in
respect to the probability of endurance of
successful hostilities and then report."
These commissioners were not nomi
nated by the Senate, though that body
was in session when they sailed, but went
exclusively on the President's nomina
tion. On the report thus presented Presi
| dent Monroe recognizen all these former
j Spanish colonies as independent states.
Mr. Monroe on this occasion said: "As
soon as the movement assumes such a
, consistent form as to make the success of
j the provinces possible the rights to which
j they were entitled by the law of nations
as equal parties to a civil war have been
extended to them."
Reviewing this declaration the Supreme
Court of the United States said, in the
case of "Ford vs. Siißet," in an opiniod
rendered by Justics Harlan:
"But this rule breaks down in several
| places. The probability is a creature of
the mind, something merely subjective,
and ought not to enter into a definition of
what a nation ought to do. Again, the
success does not depend on steadiness and
consistency of form only, but on relative
strength of parties. If you make a
probability of success the criterion
of right in the case, you have
to weigii other circumstances before
being able to judge which is more prob
able—success or defeat. Would you, if
you conceded belligerent rights, with
draw the concession whenever success
ceased to be probable? And still further,
such provinces in revolt are not entitled
by law of nations to rights as equal par
ties to a civil war. They have properly
no rip Ms, and the concession of belligei
ency is not made on their account, but on
account ot considerations of policy on the
part of the state itself which declares
them such, or on the ground of humanity.
"Precedents are to bs drawn chiefly from
medern times. The revolt of tne Low
Countries was hardly an analogous case,
for they were states having their special
charters, not connected with Spain, e'x
i cept so far as the King of Spain was their
I suzerain. In our Revolutionary War,
I precedent was not all on one side. Great
i Britain stoutly declared Paul Jones to be
1 a pirate, because he was a British subject
under command from revolting colonies,
and- Denmark agreed to this. In the South
American revolutions the concessions of
belligerent rights were given freely by
neutrals, moit freely by the United
i States, and as for proclamations, our
Government went so far as to issue ona in
1838 "for the prevention of unlawful in
terference in the civil war in Canada,"
where no civil or military organiza
tion had been set up. The true
time for issuing sucn a declara
tion, if it is best to issue it at
all, is when a revolt has its
organized government prepared for war
on either element or both or when some
action involving the intention or fact or
war has been performed by one or both of
the parties. Here are two fac'.s, the one
political and the other pertaining to the
acts of a political body. The fact of war
is either a declaration of war or something
implying It, like a proclamation or block
ade, or, it may be actual contest."
Secretary Olney's statement was re
ceived in the House of Representatives
without any manifestation of surprise. A
few members thought that the Secretary's
announcement raised a grave constitu
tional question, and Person of North
Carol na commented on Its. "tone of in
fallibility," which, in his judgment, was
not justified by the first articie of the con
stitution. -
Moody of Massachusetts thought that
the consideration of the abstract auestion
which the Secretary's statement raises is
likely to obscure ihe question of the Cuban
Livingston of Georgia strongly dissent
ed from the President's position, and
thought if he maintains he may make
himself liable to impeachment.
Generally speaking, however, the secre
tary's position was regarded as -clarifying
the atmosphere and throwing a fresh ob
stacle in the path ot Congress to inter
pose in the struggle between Spain and
her colony. A careful canvass of the
House disclosed the fact that a good many
members have no clear conception of the
relative powers of the President and Con
gress, and were unwilling to discuss has
tily that phase of the interview.
The House is plainly not in a belligerent
mood. What it would do if the Senate
resolution came squarely before it can
only be conjectured. It is reasonable to
assume that it would pass it after a more
or less vigorous debate, but it is equally
clear that the House at present has little
interest in the Cuban question and that
the sentiment respecting the insurgents
has radically changed* since the last
There is more than a reasonable doubt
whether the Foreign Affairs Committee
would report the resolution favorably.
To-day as yesterday members of the com
mittee were reticent in their speculation
as to what they might do, but there is a
probability that a majority would set
their faces against any action which
might embarrass President Cleveland or
prove a handicap to the incoming admin
The administration men in the House
do not propose to go contrary to the
President's views, while the Republican
leaders are not disposed to adopt any
course which might be distasteful to the
Dingley of Maine expressed the belief
that ordinarily interference of Congress in
state affairs only produced mischief.
Turner of Georgia maintains Olney's
opinion, and says that the business of tne
country requires rest from agitation and
excitement, and this is the view that
many Democrats and Republicans share
with him.
Various considerations influence the
members, the larger number thinking the
question should not be left for the new ad
ministration to sett'e, while others fear
that the probability of war would seriously
disturb existing conditions at the very
moment that manufacturers are antici
pating a revival of better times from the
adoption of a new tariff policy.
Manj' members who deprecate any ac
tion on the part of Congress which might
be construed by Spain as an unfriendly
act would doubtless be driven by the force
of popular will at home to support the
Senate resolutieh and do not, for that
reason, wish to be quoted. The intima
tion privately given is that their influence
will be quietly exerted to pigeonhole the
resolution until the session is too far ad
vanced to make its adoption advisable.
Soon a 2Uo»t Powerful Flest Will Carry
the Atari and Stripe*.
BROOKLYN, N. V., Dec." 19.— 1t was
stated that hurry orders have been re
reived from the Navy Department at
Washington ihat all repairs on ships be
ing overhauled must be completed in time
to allow the ships to sail by January 1.
Many hundreds of thousands of dollars
have been spent here within the last few
months preparing the warships for action.
The vessels now at the yard undergoing
repair?, include the cruiser Columbia, the
ram Katniidio. the Marblehead, the bat
tleship Massachusetts, the cruiser Mont
gomery, tbe monitor Terror and the bat
tleship Texas.
The flagship New York, which has been
undergoing repairs at the navy-yard for
the past two weeks, came out of the dry
dock this morning and steamed down to
the Tompkinsvil c rendezvous. Here she
will take or. coal and ammunition and
with the Maine will sail south Monday.
The other vessels here will follow as
soon as their repairs are completed, and
the Montgomery is said to be the next one
to follow during the latter part of
the week. The objective point of
the 11.-et will be Hampton Roads,
where the entire squadron, with tbe
exception of those ships on duty at Key
West, will be gathered under Admiral
Bnnce's flac by the first of the year. The
fleet will be the largest and most powerful
aggregation of warships ever collected un
der the stars and stripes.
Dr. Zerlueha Rtpnat* the Alleged Cir
cumttaneet of Maceo'* Death.
HAVANA, Cuba, Dec. 19.— Dr. Z?r
tucha, through whose treachery, it is
claimed, Maceo met his death, is in Ha
vana. In an interview to-day he explained
his relations with the rebel leader. He
said that a great friend hip existed be
tween them and t..at Maceo had great
confidence in him.
Dr. Zsrtucha denied the statements that
Maceo had received from the province of
Pinar del Rio a communication sent from
Spain by General Weyler, asking him to
treat for peace. He also denied that he
had any communication with Chief of Po
lice Labarrara. His friendship with
Colonel Tort was old and private. He re
pudiated the charges made against him
by Serranos, adding that he never was in
Serranos' camp, and that he knew him
formerly as a friend of the bandit Garcia.
He repeated the story already cabled
about Maceo crossing around the end of
the trocha by sea in front of Mariel, and
said the officers who accompanied him
were: Brigadiers Perico Diiz and Jose
Miro, Colonels Alberto Nodarse and Gor
don — the last named being an American —
Majors Alfredo Justiz, Piedra Penalver
and Ramon Ahumada, Captain San
Vanell, Lieutenant Francisco Gomez and
himself as surgeon, besides the negro
Macso was on horseb3cfc, with his
machete unsheathed, when he was struck
by a bullet from a Mauser rifle. As he fell
Dr. Zertncha rushed to his assistance, but
he dropped to the ground dead. Another
bullet struck him in the stomach before
he reached the pround. All the members
of the staff who were around Maceo at the
time were more or less seriously wounded.
Colonel Nodarse and Major Gastiz died
later from the effect of their wounds.
Lieutenant Gomez was also wounded in
the arm. His wound was attended to and
his arm placed in a sling. He tried to as
sist Z^rtucha to carry Maceo' s body, but
was again struck by a bullet and knocked
down. He then wrote the note that was
afterward found on his body aud con
cluded by stabbing himself with his own
knife, not Maceo's, as some reports have
Dr. Zertucha declared that after the
rebels had carried Maceo's body off the
field a statement was drawn up which
was signed by all the leaders who had
taken part in the engagement explaining
the manrer in which he had met his
death. Dr. Zertucha intends to go to
Spain and take up his residence in the
town of Ziscaba.
He will print in Paris a pamphlet, in
which he will attack Senor Estrada Pa'rna,
the head of the Cuban Junta, the Junta
itself and General Calixto Garcia for their
actions in connection with the insurrec
tion. He thinks that Maceo's body was
buried near Govea.
Pedro Gonzalez Moyla will be shot to
morrow at Matanzas for the crime of re
General Rey, with 2000 infantry. 300
cavalry and two pieces of artillery, while
escorting a convoy to Bayamo, had six en
gagements near Peralejo with a number
jof united rebel parties under the com
mand of Calixto Garcia. The rebels lost
thirty five Killed and a large number
wounded. One wounded rebel wns cup
tured. The Spanish loss was three of
ficers and sixteen privates killed and
three officers and one hundred privates
wounded. '■■ •.
Spanith Official* Hay the "Jingo" Jteto
lutiati Hill Aoe Go Ihrounh.
LONDON, Exg., Dec. 19.— 1n an inter
view with a representative of the United
Associated Presses upon the subject of the
resolution of the Foreign Relations Com
mittee of the United States Senate recog
nizing the independence of GuDa, a high
official of the Spanish Embassy says:
"The resolution is apparently an action
on the part of the jingo party in America.
Spanish officials cannot believe that it
will pass Congress, but if it does, surely
President Cleveland, judging from his
policy, will exercise his right to veto.
T"here is no parallel between the rebellion
in Cuba and Spain's recognition of the
Confederate States of America as belliger
In reply to a question as to what action
Spain would be l.kely to take in the event
of the adoption of the resolution by the
United States Senate and House, the offi
cial of the embassy said it would be im
possible for him to anticipate the action
of the Government at Madrid.
Baron de Courcel, the French Embassa
dor, was seen by the reporter as he was
leavins the office. TheEmbassador begged
to be excused from expressing any opinion
upon tbe subject of relations between
Spain and the United States. Both United
States Embassador Bayard and the Italian
Embassador, General Ferroro, are out of
town, and in their absence the officials of
their respective embassies decline to talk
on the subject.
English ' Journal* Ho lint Think the
.'..'. Cuban* Wilt lie Recognised. :• 'i '
. " LONDON, Eng., Dec. 19.— The ■ Evening
News says little doubt can exist as to
what would be the answer of a strong na
tion to recognition. by . the United States
of the' belligerent rights of the Cuban
rebels. ' Spain,, though weak, is . high
spirited, and will doubtless view such a
course as taken with intent to provoke a
quarrel. \I., : . . "-' ■ '"'%
The News' article concludes: "We have
■ hope, in the firm attitude of President
Cleveland and sober American feeling and
i that any action of America will not be
taken in such a. way as to incur reproach,
but it has stirred instead of healing
strife." ' -. -v ■rC'^-'i "■ ■ ■■_. . • i.
;; The , Sun thinks that ' the . fate -of the
colonial empire and 'also the present mon
archy of Spain will be decided within the
next year, it being ', difficult to see - how
Spain can do otherwise .than- declare war
against the -^United States in the event of
recognition of Cuba's \ independence by
the American Government. Spain, the
paper ; says, has j' only herself to blame
through the drastic methods she: has
adopted in Cuba.- In conclusion the Sun
expresses the * opinion ■> that henceforth
I America must be seriously considered in
the settlement of international s questions
affecting the interests or sentiments of
the people of the United States. v
; : Th e \ Globe * thinks 1 " that, despite the ac
tion of the United States Senate's com
Continxtcd on fourth i'uf/e.
Thus Was Laid the Corner
stone of -the Hall of
Grand Master W. T. Lucas
Presided at the Cere
A Description of tbe Affair in Its
Various Phas ot — Attorney Shfd
burat's Speech.
Under the glory of the American flag,
with the breezes that passed over Wash
ington-square Par* kissing its folds into
proud undulation, with the glad rays of a
December sun shining down and giving
light and warmth to the scene, a vast as
semblage of representative citzens stood
by yesterday and witnessed a spectacle
that means much for this City in general
and more for Kearny street, that historic
retail shopping thoroughfare that wel
comes as a prodigal aon the restoration of
a great part of its old-time prestige.
The occasion was the laying of the cor«
nerstone of the Hall of Justice, the new
municipal building to be erected on the
site at the intersection of Kearny and
Washington streets, where formerly stood
the old City Hall, with all the associations
so sacred to the memories of patriarchal
City officials. The ceremony was con
ducted in accordance with the beautiful
and impressive ritual of the Grand Lodge
of Free and Accepted Masons of the State
of California.
At 1 :30 p. m. the procession was formed
at the Masonic Temple, on Post and
Montgomery streets. A mounted squad of
eight policemen under Corporal Shannon
had been sent by Chief Crowley to act as
escort for the parade in honor of its rela
tion to the Police Department. This squad
took its place at the head of the proces
The place of honor was accorded to Cali
fornia Commandery as the oldest organi
zation of Masons in the State. It was pre
ceded by Bennett's band and followed by
Oakland Commandery.
Tliien in order came Cassasa's band,
■Golden Gate Commandery, the Royal
Arch Masons, the Masonic Veternn As
sociation, Roncovieri's band, the Master
Mason?, the Grand Consistory, the Grand
Lod pc and City officials. The parade was
niarshaled by Grand Marshal and Past
Grand Ma stei J. B. Stevens. Pa-t Grand
Master L.add of Oriental Lodi;e acted as
At the Masonic Temple to preserve order
and keep the crowds back twenty men
under Sergeant Donovan had been sent
by Captain Splllane. They did their duty
well. Captain Witiman had fifty men at
the scene of the ceremony, under charge
of Sergeants Wollweber and Cook. Two
patrolmen were also t«pt at each corner
along the line of march, wnich was
around the corner from Post street to Mar
ket, thence to Kearny and along that
thoroughfare to Merchant street, then
down Merchant and into the vacant lot
which is the site of the new building.
At the corner of Kearny and Merchant
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