Daniel E. Sickles to The Captain-General of the Island of Cuba, June 12, 1873
No. 408. General Sickles to Mr. Fish.
No. 627.]
Sir: I have the honor to forward herewith a translation of a royal order, dated May 28, 1825, conferring extraordinary powers on the captain-general of Cuba. This order is still in force. You will observe that by its terms Cuba for nearly half a century has been treated as a territory in a state of siege, in which military authority has been supreme, the commanding officer having absolute power over the persons and property of the inhabitants, and the right, besides, to suspend the execution of any command or instruction emanating from the supreme government.
I have repeatedly suggested to successive cabinets in Madrid that as long as the Cuban administration is thus allowed to be independent of the Spanish government, it is in vain to look for obedience to its laws or respect for the rights and interests of American citizens in that island. In view of the delay in the execution of the orders issued in the cases of Santa Rosa and Kryké, I renewed these representations to the government of the republic.
Mr. Sorni replied that in these cases even the royal order of Ferdinand VII afforded no justification to the captain-general. He had not suspended the execution of the orders by virtue of extraordinary powers vested in him; he had reported that he had obeyed them, and they were not executed. The government would therefore hold him strictly responsible for immediate compliance with his duty in the premises.
It is proper to add that the anomalous relation between dependent and superior authority created by this royal order is not confined to Cuba. The same practice has long existed in Spain, although I am not aware that it has been here formally recognized and sanctioned by the government. Se obedece pero no se cumple is an ancient formula of Spanish viceroys and governors. The authority is respected, but the order is not executed, and thus a supposed conflict between duty and necessity is reconciled.
I am, &c.,