FISH, Secretary to Caleb Cushing, December 7, 1874

No. 272. Mr. Fish to Mr. cushing.

* * * * * * *

Third. On third point Spain seems to claim that the investigation into the conduct of authorities at Santiago must be made by courts whose independence of action from political or military control is asserted. This is inconsistent with the practice which has been pursued in Cuba, and with rights which have been asserted to enforce martial law.

Burriel justified his acts under an alleged extraordinary decree which had been issued, but revoked. He did not profess to act, nor did he proceed, under ordinary judicial proceedings.

It is, therefore, illogical to claim that the investigation must be through the ordinary judicial channels.

You will take care on this point that Spain is not released from, and does not change, her engagement under the protocol signed with Polo, which ought to have been fulfilled many months ago.

* * * * * * *