Page:United States Statutes at Large Volume 19.djvu/683

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PROTOCOL—SPAIN. 657 such pI3GB RS O0I1g1‘eSS may direct (Art. III, § 2) ; that no person shall Rights secured be held to answer for a capital or otherwise infamous crime unless on ff “‘;‘?Q"§f1 by uf presentment of a grand jury except in cases arising in the land and M25 :,,;1l°,Qf;°;m? naval forces or in the militia when in actual service, (Amendments to ` the Constitution, Art. V); and that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, and to he informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have counsel for his defense, (Amendments to the Constitution, Art. VI.) 2. The Act of Congress of April 30, 1790, chap. 9, sec. 29, re-enacted Rights secured ·· in the Revised Statutes, provides that every personaccused of treason b}'é“;'“ f°’P“'-'P°’° shall have a copy of the indictment and a list of the jury, and of the ° ° °°°°‘ witnesses to be produced at‘the trial, delivered to him three days before the same, and in all other capital cases two days before that takes place ; that in all such cases the accused shall be allowed to make his full defense by counsel learned in the law, who shall have free access to him at all seasonable hours; that he shall be allowed in his defense to make any proof which he can produce by lawful witnesses, and he shall have due power to compel his witnesses to appear in court. 3. All these provisions of the Constitution and of Acts of Congress are Perrnaucnec or of constant and permanent force, except on occasion of the temporary l“‘°"*¤*°¤**- suspension of the writ of habeas corpus. _ _ 4. The provisions herein set forth apply in terms to all persons ac- _Al’.l’ll°*’·*""‘ ‘g cused of the commission of treason or other capital crimes in the United £;g;J;L°';:cjQc,f States, and therefore, as well hy the letter of the law as in virtue of existing treaties, the said provisions extend to and comprehend all Spaniards residing or being in the United States. Senor Calderon y Collantes then declared as follows: _ _ ln view of the satisfactory adjustment of this question in a manner Hrms °*l l""f’f·f’i so proper for the preservation of the friendly relations between the re- Sgaupf spective Governments, and in order to aiibrd to the Government of the ions, United States the completest security of the sincerity and good faith of His Majesty’s Government in the premises, command will be given by Royal Order for the strict observance of the terms of the present Pro- ‘ toool in all the dominions of Spain and specifically in the island of Cuba. In testimony of which we have interchangeably signed this Protocol. `_ CALEB CUSHING. *>’¤”**‘“"*‘“· FERNDO. OALDERON Y COLLANTES. xix-·-A;5